Interesting Updates

Tax planning 1771 views 9 replies

 

From the Court Room

 

In an interesting case, the Delhi High Court has held that that heart need not be used by a human being as a tool for his trade or professional activity!

 

A leading advocate has incurred expenditure for a by-pass surgery  and claimed it as an expenditure incurred  for repairing a plant. He argued that the repair of his vital organ impacted his professional practice which was resulted in increased income from profession after the surgery.

 

We all knew for sure that most of the professionals do not use their heart at all, while dealing with the client. And the decision of the Delhi High Court reiterated that General Rule.

 

 

In the News

 

The Central Board of Direct Taxes is planning an intensive initiative to recover monies due to the exchequer locked up in appeals.

 

As per the estimate of CBDT, Rs. 1,73,000 crores of demand is stuck in the Commissioner of Income tax (Appeals) stage and Income Tax Appellate Tribunal stage. This is more than the illegal income alleged to be siphoned out of Indiaand invested in Tax Heavens across the globe. CBDT is proposing a ‘Zero Delay Regime’ for tax collection with accountability to be fixed on officers for their lapses.

 

Definitely, we can expect a speedy disposal of appeals by the appellate authorities. 

 

www.financeandtax.blospot.com

Replies (9)

thanks for sharing                                                    

Thanks & Keep Sharing.

Thank You Sir 

thanks for sharing sir.

1. First part is very true. It is really a very interesting case for discussion. 

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Yesterday I read about how Gandhiji presented a case before South Africa Court. One Mr. Dastoorji came before Gandhiji and told he had been alleged for TAX EVASION and this was recognized as  CRIMINAL activity there. ( In India; TAX EVASION is a financial crime hence  so far it is a civil crime but now there are so many provisions in the TAX LAWS that sentence of imprisonment is there).

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Gandhiji asked him whether he has really done so. He agreed. Gandhiji put the case accordingly before the court and Dastoorji accepted his crime. This was the first case before the judge in his life that a appellant accepted his fault. The Gandhiji pleaded that this Dastoorji is now not the same person which he was before. His mind has changed totally. The judge made the judgement that by paying DUE TAXES he may be relieved from all the allegations. 

 

2. What CBDT thinks is not correct.

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In more than 80% of the cases; I T Department  loses the appeals.

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This shows that exorbidant additions are made by the Assesing Officers and CIT(A) are more interested to disregard the contentions of the assessees.   

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What is more interesting is that many times aggrieved by AO's order; an assessee prefers an appeal before CIT.

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CIT gives favour to the Assessee.

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Tribunal reverses the case.

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Then High Court admits the appeal of the IT Department.  

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Again Supreme Court reverses it. 

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What is this nonsense ?

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It means just because the opinions of different authorities at different level differ all the time; the assessee should be caught and penalised ?

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More interestingly; NO ACTIONS are taken against DEFAULTING OFFICERS in the cases where the facts were crystal clear on their RECORDS.

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I don't wish to adversely comment on the likely action taken by the  CBDT for speedy disposal of the cases.

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It is most welcome. 

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But when it says huge amount of tax collections is in arrears,   it is not correct. 

Thanks & Keep Sharing.

Very Rightly Said Surendra Sir... I Agree

Rightly said by Surendra Sir Ji...


IT dept structure is too complex in India, Initiative should be taken to Simplify Tax Structure and Assesment Proceding part too, Its also gud for Revenue Department also....

Now its time fr some Change.......

"When it says huge amount of tax collections is in arrears, t is not correct. " Agree with this..

See assesee still enjoyiing with his unowned money & revenue Looses its revenue..

By such collection govt can improve its Budget deficit too...

 


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