can we apply to income tax ombudsman?

This query is : Resolved

CA. Chikkerur C R (Querist)
Follow

19 January 2011 In one of my case, ITO had rejected Foreign Tax Relief saying that Foreign Tax payment is not enough & she needs Foreign Tax return copy. As per case laws & intention of Section 90, Its only payment , no filing of return. She has passed order U/s 156.

My question is whether can we approach " income tax ombudsman" as she has not acted at the spirit of law & she has no substance in her order. Its pure lack of knowledge.

To my view, Appeal is good tool when there is difference of opinion on this issue. Here she has no substance in her order. Does it mean that ITO has no accountability in passing order? Can income_tax_ombudsman help us?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
Follow

19 January 2011 Yes. The issue is squarely covered under clause 9(l) of chapter IV of IT Ombudsman Guidelines,2010.

CA. Chikkerur C R

CA. Chikkerur C R (Querist)
Follow

19 January 2011 thank you sir

But as per Chapter IV clause 10, we should give compliant higher authority before going for omdusman. Does it mean we have to file appeal before going for this or not?

CA. Chikkerur C R

CA. Chikkerur C R (Querist)
Follow

19 January 2011 thank you sir

But as per Chapter IV clause 10, we should give compliant higher authority before going for omdusman. Does it mean we have to file appeal before going for this or not?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
Follow

19 January 2011 Sub clause (IV) of guidelines No 10 gives a bar to file appeal before CIT (appeals). In the course of the proceedings, the assessee should have informed the Additional CIT to interfere in the assessment. If not done, the petition before the ombudsman will fail.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join the CA Students WhatsApp Community for ICAI Updates, Trending Courses & Notes!

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Sasidhar B

suresh kotte

ASHOK B GONDKAR

Tanishka Khandelwal

Pawan Haryani

Subscribe Now

can we apply to income tax ombudsman?

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Senior Executive

Manager- Finance and Compliance

GST CONSULTANT

GST CONSULTANCY

Accountant

CA Final

Article Assistant

Associate CA