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Friday, November 20, 2020

[ACCA_Profs] Supreme Court Explains Entire Law On Natural Justice + CIT(A) Alleged To Collude With CA For Deciding Appeals

 

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The following important updates are available at itatonline.org:

State Of U.P vs. Sudhir Kumar Singh (Supreme Court)

The principles of natural justice have undergone a sea change. The earlier view that even a small violation would result in the order being rendered a nullity is not correct. Some real prejudice must be caused to the complainant by the refusal to follow natural justice. The prejudice must not merely be the apprehension of a litigant. No prejudice is caused to the person complaining of the breach of natural justice where such person does not dispute the case against him or it. There is a clear distinction between cases where there was no hearing at all and the cases where there was mere technical infringement of the principle (All imp judgements referred)

Natural justice is a flexible tool in the hands of the judiciary to reach out in fit cases to remedy injustice. The breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is thereby caused. Where procedural and/or substantive provisions of law embody the principles of natural justice, their infraction per se does not lead to invalidity of the orders passed. Here again, prejudice must be caused to the litigant, except in the case of a mandatory provision of law which is conceived not only in individual interest, but also in public interest.


Judgement uploaded by esteemed reader:

S K Srivastava, IRS (Retd) Vs CBI & Another

The evidence and the material brought on record, prima facie, establishes that applicant abusing his position as Commissioner (Appeals) entered into criminal conspiracy with co-accused Anil Kumar (Chartered Accountant) as a public servant, obtained undue advantage for extraneous considerations, committed acts of commission and omission with mala fide intentions thereby causing wrongful loss to the department and wrongful gain to the assessees and himself.

Vivad Se Vishwas Scheme A Huge Success. Disputes Of Rs. 1,31,929 Crore Settled, Arrears Tax Of Rs. 72,480 Crore Recovered From Taxpayers

The Income-tax Department has stated that under the Vivad Se Vishwas Scheme, 45,855 declarations have been filed in Form-1 upto 17th November,2020. Disputes amounting to about Rs. 1,31,929 crore have been settled & total amount of about Rs. 72,480 crore has been paid by taxpayers & CPSUs under the Scheme till date


Regards,

 

Editor,

 

itatonline.org

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Latest:

The Direct Tax Vivad Se Vishwas Act, 2020: Compilation Of Practical Issues

itatonline.org had requested a panel of experts to answer queries arising on Vivad Se Viswas Scheme to assist the tax consultants and tax payers. The forum received more than 300 queries which have been answered by the panel of experts consisting of Dr. K. Shivaram, Senior Advocate, CA. Rajan Vora and CA Pradeep Kapasi. For the benefit of the Tax professionals and taxpayers, the important queries and answers in a tabular form are available for download in pdf format.

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