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Natural Justice And Writ Petitions (Video + Transcript Of Webinar)
The All India Federation of Tax Practitioners (AIFTP Western zone) had organized a Webinar on June 14, 2020 on the subject of "Principles of Natural justice as applicable to Tax proceedings and Writs in taxation". The speaker was Advocate Mr. Manish J.Shah, Ahmedabad and Chairman was Dr K. Shivaram, Senior Advocate, Mumbai. For the benefit of the readers, a brief summary of the proceedings has been prepared by Advocate Shashi BekalCBDT Maintains Studied Silence On Issue Of Grant Of Extension For AY 2020-21. Tax Pros Drag It To Court
The Finance Ministry and the CBDT, which had earlier shown a spark of efficiency and proactiveness, appear to have gone back to their usual ways of turning a blind eye, and maintaining an indifferent attitude, to matters concerning taxpayers. Though the deadline for filing the Tax Audit Report and Income Tax Return for the Assessment year 2020-21 is fast approaching and the Country is still under severe stress due to Covid-19, the authorities have not yet issued any extension order. Naturally, this sorry state of affairs has aroused the ire of leading professional associations like The Chamber of Tax Consultants and The Rajasthan Tax ConsultantsJudgements uploaded by esteemed readers:
Satish Chander Ahuja Vs Sneha Ahuja (Supreme Court)
Father in law Vs Daughter in law- Supreme court pronounces landmark decision
The Apex Courtin the case of Satish Chander Ahuja Vs Sneha Ahuja in Civil Appeal No 2483 of 2020 dismissed the appeal of father in law where interalia it was argued that the house property where daughter in law was staying since marriage was not a shared household as the said house was not a joint family property and belonged to father in law exclusively. The judgement has laid down several other principles and will be helpful for all those daughter in laws who are facing trouble.
SHRI PARESH K. SHAH vs. DCIT, Central Circle
As per the first proviso to Section 153C(1) the date of initiation of search u/s 132 of the Act for the purpose of an assessment u/s 153C has to be construed as the date of receiving the books of account by the A.O. having jurisdiction over such other person, from the A.O. of the searched personArticles published by esteemed readers:
Pre-Covid Presumptive Incomes – Not a Valid Presumption for Post-Covid Era
CA Rakesh Kedia has argued that Tax laws need to be responsive to the prevailing economic situation. Government has made a number of changes in Income Tax Law to make it fall in line with the changed economic scenario on account of pandemic. However, presumptive taxation has not yet caught the attention of the government. The reduction in presumptive income will go a long way in giving relief to small businesses. He has submitted that the Law/Rules need to be relaxed to allow the businesses to keep afloat.NON-RESIDENT INDIAN'S WILL तथा अनिवासी भारतीयाचे इच्छा पत्र
Advocate Dinkar Parasharam Bhave has pointed out that a citizen of India, having chosen to stay abroad for employment or other purposes, may have acquired nationality, domicile {an NRI status}. SUch persons would need to take extra care to avoid possible hurdles in transference of wealth on account of complex laws and conflict of jurisdictions involved in the process when estate is scattered in more countries than one. He has advised that given the situation that there is a lack of internationally accepted mode of testamentary & intestate succession for the estate spread over the world, one should traverse on the suggested lines more specifically detailed in the monograph Latest:
Faceless Assessments And Appeals Under The Income-Tax Law: Two Steps Forward And One Step Back
Advocate Aditya Ajgaonkar has described the Faceless Assessment Scheme & the Faceless Appeal Scheme as a big tax reform and game-changer because they seek to streamline, and bring greater transparency and accountability into, the tax administration. He has, however, cautioned that the non-grant of a personal hearing via video conference as a default choice vested in the assessee may be a violation of the principles of natural justice and may put the schemes into jeopardy. He has given convincing reasons for his views__._,_.___
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