Tax disputes

Procedure for filing objections before DRP

Income Tax - The Finance Act, 2009 introduced with effect from 01.10.2009 an alternate dispute resolution mechanism to facilitate expeditious resolution of disputes in tax related matters for foreign companies and for transfer pricing matters....

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Dispute Resolution Scheme For Small & Medium Tax Payers-Section 245MA

Income Tax - INTRODUCTION According to a Survey India records highest rate of bribery in Asia i.e.39% and highest rate of citizens using personal connections (46%). Worries grew as inflation rate rose from 3.7% to 12.1% over 2001-2010. Bigger scams involving lakhs crores of rupees were into pockets of officials and ministers. Corruption became great h...

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Steps for Minimising Litigation: Faceless tax regime

Income Tax - For the first time in the history of India, the Finance Minister presented a paperless Union Budget for FY 2021-22 through a Made in India tablet. The government also launched a Union Budget app for accessing the budget documents, showing that the Indian government is clearly taking various measures to go digital as much as […]...

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Constitution of Income Tax Dispute Resolution Committee

Income Tax - Budget 2021- Constitution of Dispute Resolution Committee for small and medium taxpayers The Central Government has consciously adopted a policy to make the processes under the Act, which require interface with the taxpayer, fully faceless. In this backdrop, new schemes for faceless assessment, for faceless appeal at the level of Commissi...

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e-Nivaran: How to submit Income Tax grievances online?

Income Tax - Department has introduced e-Nivaran to address all the grievances received through various channels under single window. e-Filing portal has been enabled to receive and address all the grievances. Through e-Nivaran taxpayers can submit grievance in respect to AO, NSDL, UTISL, CPC-ITR, E-filing Website team, CPC-TDS, Directorate of Systems...

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Major Achievements of CBDT in Current Financial Year 2016-17

Income Tax - Major Achievements of CBDT in Current Financial Year 2016-17 so far include among others Enactment of The Benami Transactions (Prohibition) Amendment Act, 2016, Implementation of The Direct Tax Dispute Resolution Scheme, 2016 and of GAAR from Assessment Year 2018-19;...

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Report on Filing of Appeals by Income Tax Department

Income Tax - The suggestions of Committee to Study Appellate Orders to Examine Filing of Appeals by Income Tax Department before Various Forums are based upon: i) Analysis of actual data collected by the Committee ii) Interaction with the officers of the Income Tax Department iii) Study of the Global Best Practices....

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Report on how to Minimize Income Tax Litigation & its Management

Income Tax - Report deals with 1. Issues that give rise to frivolous litigation. 2. Issues that impact the quality of representation and effective management of litigation. 3. Systemic issues impacting effective litigation management and how to deal with these issues. ...

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Direct Tax Dispute Resolution Scheme, 2016 can be availed up to 31.12.2016

Income Tax - Litigation is a scourge for a tax friendly regime. In order to reduce the pending litigation, the Direct Tax Dispute Resolution Scheme, 2016 (the Scheme) has come into force from 1st June, 2016 and can be availed up to 31st December, 2016. The Scheme is available to the cases pending with the first appellate authority [i.e. CIT (A)] as on...

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CBEC takes Litigation Management & Dispute Resolution measures

Income Tax - CBEC takes Litigation Management and Dispute Resolution measures; Field formations file applications for withdrawal in 980 and 2174 cases in High Courts and CESTAT respectively as per the new threshold monetary limits prescribed; Out of this, High Courts allow withdrawal in 250 cases and CESTAT in 202 cases....

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No bail to person accused of fraudulently availing ITC of Rs.7 Cr from Patiala House Court

DGGI Vs Abhit Manohar (Patiala House Court) - DGGI Vs Abhit Manohar (Patiala House Court) Applicant/accused is Masters in Business Administration. He is reported to be the sole proprietor of M/s Sri Siddhivinayak Ventures and reportedly raised taxable invoices to the tune of Rs.150 crores without any movement of goods. During the course of inve...

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DRP cannot set aside any proposed variation or issue any direction for further enquiry and passing of assessment order

Tieto India (P.) Ltd. Vs DCIT (ITAT Pune) - It was held that DRP’s direction to the AO for carrying out a fresh examination of the claim of the assessee u/s.10A of the Act is in violation of the clear mandate of the provisions and hence cannot be countenanced....

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AO cannot ask for even 20% of Disputed Tax till disposal of appeal by CIT-A

Bhupendra Murji Shah Vs. DCIT (Bombay High Court) - Bhupendra Murji Shah Vs. DCIT (Bombay High Court) We are not concerned here with the Circular of the Central Board of Direct Taxes. We are not concerned here also with the power conferred in the Assessing Officer of collection and recovery by coercive means. All that we are worried about is the unde...

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DRP entitled to enhance by questioning very existence of transaction

M/s. Hamon Shriram Cottrell Pvt. Ltd. Vs The Income Tax Officer (ITAT Mumbai) - With this amplification of the scope of the power of the DRP, now even the matters not agitated by the assessee before the DRP can also be considered for the purposes of enhancement....

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Deceleration under Direct Tax Dispute Resolution Scheme can be filed till 31.01.2017

Notification No. 124/2016-Income Tax - (29/12/2016) - Deceleration under Direct Tax Dispute Resolution Scheme can be filed till 31.01.2017 instead of earlier time allowed till 31.12.2016....

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2nd FAQs on Direct Tax Dispute Resolution Scheme, 2016

Circular No. 42 of 2016 - (23/12/2016) - Further queries have been received from the field authorities and other stakeholders on Direct Tax Dispute Resolution Scheme, 2016. The Central Government has considered the queries and decided to clarify the same in the form of questions and answers as follows.-...

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List of CIT(A) not submitting Monthly details of Appeal Disposal by them

F.No.279/Misc./M-74/2016-SO(ITJ) - (14/10/2016) - have been directed to state that the data of number of cases disposed every month by each CIT(A) is required to be forwarded to the Statistics (R&S) Wing of the office of DGIT(Logistics) by the 7th of the next month. However, the data of disposal of cases (as per list enclosed) has not been forward...

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Upload details of appeals pending before CIT(A) as on 29.02.2016: CBDT

F.No.279/Misc./IVI-74/20 16-S0(11J)(Pt-11) - (13/10/2016) - Hence it is directed to request that it may be ensured that the data of all the appeals pending before CIT(A) as on 29.02.2016 is uploaded on ITBA module for CIT(A) latest by 21.10.2016. This may kindly be treated as Most Urgent....

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Implementation of Direct Tax Dispute Resolution Scheme, 2016- Reg

F No.279/Misc/M-61/2016 - (26/09/2016) - Scheme provides for further relief in the following ways:(i) Tax payable would include tax & interest till the date of assessment. Interest accrued thereafter would not form part of tax payable.(ii) If and disputed tax is below Rs. 10 lakhs. penalty would stand waived on payment of tax & interest.(i...

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Recent Posts in "Tax disputes"

Procedure for filing objections before DRP

The Finance Act, 2009 introduced with effect from 01.10.2009 an alternate dispute resolution mechanism to facilitate expeditious resolution of disputes in tax related matters for foreign companies and for transfer pricing matters....

Read More
Posted Under: Income Tax |

Dispute Resolution Scheme For Small & Medium Tax Payers-Section 245MA

INTRODUCTION According to a Survey India records highest rate of bribery in Asia i.e.39% and highest rate of citizens using personal connections (46%). Worries grew as inflation rate rose from 3.7% to 12.1% over 2001-2010. Bigger scams involving lakhs crores of rupees were into pockets of officials and ministers. Corruption became great h...

Read More
Posted Under: Income Tax |

Steps for Minimising Litigation: Faceless tax regime

For the first time in the history of India, the Finance Minister presented a paperless Union Budget for FY 2021-22 through a Made in India tablet. The government also launched a Union Budget app for accessing the budget documents, showing that the Indian government is clearly taking various measures to go digital as much as […]...

Read More
Posted Under: Income Tax |

Constitution of Income Tax Dispute Resolution Committee

Budget 2021- Constitution of Dispute Resolution Committee for small and medium taxpayers The Central Government has consciously adopted a policy to make the processes under the Act, which require interface with the taxpayer, fully faceless. In this backdrop, new schemes for faceless assessment, for faceless appeal at the level of Commissi...

Read More
Posted Under: Income Tax |

No bail to person accused of fraudulently availing ITC of Rs.7 Cr from Patiala House Court

DGGI Vs Abhit Manohar (Patiala House Court)

DGGI Vs Abhit Manohar (Patiala House Court) Applicant/accused is Masters in Business Administration. He is reported to be the sole proprietor of M/s Sri Siddhivinayak Ventures and reportedly raised taxable invoices to the tune of Rs.150 crores without any movement of goods. During the course of investigation, it was revealed that input ta...

Read More

e-Nivaran: How to submit Income Tax grievances online?

Department has introduced e-Nivaran to address all the grievances received through various channels under single window. e-Filing portal has been enabled to receive and address all the grievances. Through e-Nivaran taxpayers can submit grievance in respect to AO, NSDL, UTISL, CPC-ITR, E-filing Website team, CPC-TDS, Directorate of Systems...

Read More
Posted Under: Income Tax |

Budget 2020- Section 144C to be amended- Dispute Resolution Panel

Section 144C of the Act provides that in case of certain eligible assessees, viz., foreign companies and any person in whose case transfer pricing adjustments have been made under sub-section (3) of section 92CA of the Act, the Assessing Officer (AO) is required to forward a draft assessment order to the eligible assessee, if he […...

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Posted Under: Income Tax |

DRP cannot set aside any proposed variation or issue any direction for further enquiry and passing of assessment order

Tieto India (P.) Ltd. Vs DCIT (ITAT Pune)

It was held that DRP’s direction to the AO for carrying out a fresh examination of the claim of the assessee u/s.10A of the Act is in violation of the clear mandate of the provisions and hence cannot be countenanced....

Read More

Authority for Advance Rulings and Settlement of Tax Disputes

The concept of Advance Rulings has global background and perspectives. The system is in vogue in several countries though procedurally there may be dissimilarities. The first document which shed light on this important concept is the International Bureau of Fiscal Documentation (IBFD) which was published in 1997-2000. It contained articl...

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Posted Under: Income Tax |

Pre-GST disputes: Relief under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

Relief available under Pre-GST Dispute Resolution Scheme [Indirect Tax Enactment such as Service Tax and Excise, Legacy Dispute resolution cum amnesty scheme, 2019 Relief proposed under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 introduced vide Union Budget 2019-20. 1. Where the tax dues are relatable to a show cause notice or...

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Posted Under: Income Tax |

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