In view of the direction of the Hon’ble Court in case of Court On Its Own Motion Vs, UOI and Others, I am directed to convey that in no case should interest u/s 244A of the Act be denied to the assessee where the assessee is not at fault.
Reference has been received regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 in case of old and used pneumatic tyres and tubes for automotive vehicles, requirement of consent from the Ministry of Environment and Forest, and the date of applicability of the said Quality Order for imported goods.
The CBDT issues instructions with respect to processing of Income-tax returns and giving credit for TDS thereon in the case of TDS mismatch. A few of the instructions on this subject issued in previous years are Instruction No. 1/2010 (25-2-2010) for returns pertaining to A.Y, 2008-09; Instruction No. 05/2010 (21-7-2010), Instruction No. 07/2010 (16-8-2010) and Instruction No. 09/2010 (9-12-2010) for returns pertaining to AY. 2009-10; Instruction No. 02/2011 (9-2-2011) for returns pertaining to A.Y. 2010-11; and Instruction No. 1/2012 (2-2-2012) and Instruction No. 04/2012 (25-5-2012)
Attention is invited to the Payment of Arrears of Pension (Nomination) Rules, 1983 which provide that after the death of the pensioner, all moneys payable to the pensioner on account of pension will be paid to the nominee of the deceased pensioner.
On this issue, Court has observed as under: 33. The second grievance of the assessee is with regard to the uncommunicated intimations under Section 143(1) which remained on paper/file or the computer of the Assessing Officer. This is serious challenge and a matter of grave concern. The law requires intimation under Section 143(1) should be communicated to the assesses, if there is an adjustment made in the return resulting
INSTRUCTION NO. 3/2013 Hon’ble Delhi High Court vide Judgment in case of Court On its Own Motion v. UOI and Ors. in W.P. (C) 2659/2012 dated 14.03.2013 has issued several Mandamuses for necessary action by income-tax Department one of which is regarding maintenance of “Rectification Register” in which details like receipt of applications under section 154 of the IT Act, their processing and disposal are to be maintained. (Reference: Para 16 to 18 of the order).
During the Conference of the Chief Commissioner / Directors Generals with the Hon’ble Finance Minister on 28.08.2012 in Delhi, the issue of high pendency of Adjudication cases raised by Mr. S.B. Singh, Chief Commissioner, Hyderabad and Shri Sushil Solanki, Commissioner (ST), Mumbai-I was discussed. It was proposed, therein, to grant powers to the jurisdictional Chief Commissioners to assign the Commissioners (Appeals), having less work under their respective charges, the powers of Adjudication. It was directed by the Hon’ble FM that CBEC should immediately delegate the powers to the CCs.
As you may be aware, during the Conference of Chief Commissioners and Directors General on 28th August, 2012, a point was raised that the arrears of penalties imposed on individuals, who are no more, may be waived off.
Reference has been received regarding the application of the threshold limit prescribed vide Instruction ibid to cases where either redemption fine alone is in dispute or both redemption fine and penalty are in dispute. For example, in one case the Tribunal confirmed the duty but set aside the penalty of Rs. 5 lakhs and redemption fine of Rs. 15 lakhs imposed by the adjudicating authority.
I am directed to say that the eleven posts at the level of Under Secretary/ ten posts at the level of Senior Technical Officer/ fourteen posts at the level of Technical Officer/ two posts of Senior Analysts in CBEC under the Revenue Headquarters which are lying vacant are proposed to be filled up from amongst the suitable officers of IRS (C&CE) cadre.
