Income Tax : ITAT Ahmedabad held settlement payments in foreign civil cases are deductible under Section 37(1) as compensatory, not penal, and ...
Income Tax : Explore the potential of ADR mechanisms in resolving taxation disputes, addressing government concerns, and improving efficiency i...
Income Tax : Taxpayers face challenges when assessment orders don’t reflect DRP directions. Misalignments lead to disputes, rectification iss...
Income Tax : Amendment in section 245MA of the Act related to Dispute Resolution Committee Finance Act, 2021 introduced a new chapter XIX-AA in...
Income Tax : The Finance Act, 2009 introduced with effect from 01.10.2009 an alternate dispute resolution mechanism to facilitate expeditious r...
Income Tax : Major Achievements of CBDT in Current Financial Year 2016-17 so far include among others Enactment of The Benami Transactions (Pro...
Income Tax : The suggestions of Committee to Study Appellate Orders to Examine Filing of Appeals by Income Tax Department before Various Forums...
Income Tax : Report deals with 1. Issues that give rise to frivolous litigation. 2. Issues that impact the quality of representation and effect...
Income Tax : Litigation is a scourge for a tax friendly regime. In order to reduce the pending litigation, the Direct Tax Dispute Resolution Sc...
Custom Duty, Excise Duty, Service Tax : CBEC takes Litigation Management and Dispute Resolution measures; Field formations file applications for withdrawal in 980 and 217...
Corporate Law : Delhi High Court held that there was no occasion for respondent to terminate service of petitioner since petitioner failed to esta...
Corporate Law : Respondent was appointed in the kitchen of the petitioner, on acts of theft, misappropriation and fraud, articles of charges were ...
Income Tax : Bombay High Court held that Dispute Resolution Panel (DRP) could give directions only in pending assessment proceedings. Once asse...
Income Tax : ITAT held that receipts from Satellite Transmission Services cannot be treated as royalty & not taxable at the hands of assessee i...
Goods and Services Tax : DGGI Vs Abhit Manohar (Patiala House Court) Applicant/accused is Masters in Business Administration. He is reported to be the sole...
Income Tax : Detailed analysis of CBDT office order, outlining constitution and functioning of Dispute Resolution Committee in line with e-Disp...
Income Tax : CBDT notifies vide Notification No. 26/2022 – (Income Tax) | Dated: 5th April, 2022 Rule 44DAA – Constitution of Dispu...
Income Tax : Deceleration under Direct Tax Dispute Resolution Scheme can be filed till 31.01.2017 instead of earlier time allowed till 31.12.20...
Income Tax : Further queries have been received from the field authorities and other stakeholders on Direct Tax Dispute Resolution Scheme, 2016...
Income Tax : 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 t...
Emanating from an appeal against the Divisional Bench Judgment of the Madras High court, in the case of T. P. Vishnu Kumar v. Canara Bank P.N. Road, Tiruppur and Ors, the highest court of the country, reiterated the principle that when specific remedy is available, invocation of writ jurisdiction under Article 226 of the Constitution of India is not permissible.
Section 179 of the Income-tax Act provides that where the tax due from a private company cannot be recovered from such company, then the director (who was the director of such company during the previous year to which non-recovery relates) shall be jointly and severally liable for payment of such tax unless he proves that the non-recovery of tax cannot be attributed to any gross neglect, misfeasance or breach of duty on his part.
Change is what has bought us to the juncture and change is what it will take to usher in a new future as we contemplate way to address the challenges. Many changes have focused on bringing in greater clarity while others have expanded the scope of its operations. Indian Transfer Pricing ambit has been changed with introduction of Safe Harbour Rules (SHR), Advance Pricing Agreements (APA) & Dispute Resolution Panel (DRP).
Shri Jesudasu Seelam, Minister of State (Revenue), Ministry of Finance said that the Government of India is keen to provide a suitable mechanism for resolution of tax disputes between the tax department and foreign companies operating in India. In this direction, he said that the Government inserted provisions relating to Advance Rulings vide Finance Act, 1993.
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.
Order [f.no. 500/15/2011-ft&tr-i], dated 28-8-2012 Section 144C of the Income-tax Act, 1961 – Dispute Resolution Panel – Reference to – corrigendum to Order No. 6/FT&TR/2012, dated 10-7-2012 and Order No. 7/FT&TR/2012, dated 31-7-2012 constituting DRPs and alternate DRP at various places
As on September 30, 2011, a net amount of Rs 3,50,000 crore approximately is outstanding as income tax dues, out of which Rs 2,73,000 crore approximately is locked up in tax dispute at various levels,” Minister of State for Finance S S Palanimanickam said in a written reply to the Rajya Sabha.
Power of the DRP to enhance variations Dispute Resolution Panel (DRP) had been constituted with a view to expeditiously resolve the cases involving transfer pricing issues in the case of any person having international transactions or in case of a foreign company. It has been provided under sub-section (8) of section 144C that DRP may […]
Under the provisions of sub-section (8) of section 144C, the DRP has the power to confirm, reduce or enhance the variations proposed in the draft order. The Income Tax Department does not have the right to appeal against the directions given by the DRP. The taxpayer has been given a right to appeal directly to the Income Tax Appellate Tribunal (ITAT) against the order passed by the Assessing Officer in pursuance of the directions of the DRP.
Calling it the biggest litigant in the entire Government, Finance Minister Pranab Mukherjee has asked the Income Tax Department to reexamine the way it handles tax disputes. He said, the Department is filing appeals in a routine manner without careful thought and examination leading to the Income Tax Department earning the dubious distinction of being the biggest litigant in the Government of India.
