Month: July 2016

The CBDT has issued a directive dated 11th July 2016 stating that the statutory notice to be issued under section 143(2) of the Income-tax Act has been modified. There will henceforth be three formats of the said notice namely: (i) Limited Scrutiny, (ii) Complete Scrutiny and (iii) Manual Scrutiny. The revised format of 143(2) notice(s) is attached. The CBDT has directed that all scrutiny notices shall henceforth be issued in these revised formats

The Ministry of Finance has issued an order dated 6th July, 2016 directing, in exercise of the powers conferred by sub-section (2) of section 138 of the Income-tax Act, 1961, that no public servant shall produce before any person or authority any such document or record or any information or computerised data or part thereof as comes into his possession during the discharge of official duties in respect of a valid declaration made under ‘The Income Declaration Scheme, 2016’, contained in Chapter IX of the Finance Act, 2016

A few copies of a publication titled “212 Frequently Asked Questions on Survey – Direct Taxes” are available. The publication is in the unique questions – answers format and explains the provisions and various controversies relating to Survey under Direct Taxes. The publication answers 212 Questions of practical importance in a simple and lucid language. It is divided into XX Chapters and deals with all important issues relating to survey, such as specific functions or ceremonies, Business Premises, Authorities, Powers and Provisions, TDS Survey, Survey of Premises, Recording of Statement, Admission by an assessee and Retraction by an assessee, Consequent Proceedings, Rules of Evidence, Penalties and Prosecutions, Settlement of Survey Cases, Allied Revenue Laws (Sales Tax / VAT / Central Excise), Accounting Aspects, Practical Issues, Circulars issued by the CBDT, Precautions necessary for presurvey, Checklist, etc

The CBDT has vide Notification dated 6th July 2016 appointed several officers in the grade of Assistant Commissioners of Income-tax (Junior Scale) to officiate as Deputy Commissioners of Income-tax (Senior Time Scale) in the pay scale of Rs. 15,600-39,000 (plus grade pay of Rs. 6,600 in pay band-3) with immediate effect or from the date of assumption of charge, whichever is later

The CBDT has issued a press release dated 6th July 2016 stating that it has been decided that the Income Computation and Disclosure Standards (ICDS) notified under section 145 (2) of the Income -tax Act, 1961 shall be applicable from 1.4.2016 i.e. previous year 2016-17 (Assessment Year 2017-18). The notification to this effect will be issued shortly

The CBEC has issued a Circular No. 1035/23/2016-CX dated 4th July 2016 in which it has laid down the law and the procedure to be followed before recovery proceedings are initiated against an assessee. The CBEC has directed that in cases where a stay application is pending before the Commissioner (Appeals) or CESTAT for periods prior to 06.08.2014, no recovery shall be made during the pendency of the stay application. In cases where demand is confirmed by the CESTAT or the High Court, recovery proceeding may be initiated after a period of sixty days from the date of the order provided that no stay is in operation

Shri. Ravi Shankar Prasad has declared on a number of occasions that he has no tolerance for corruption. One can hope that he will weed out the rampant corruption that is prevailing in the income-tax department. It may be recalled that on an earlier occasion, the Government has dismissed several high-ranking IRS officials from service for engaging in extortion and blackmailing hapless taxpayers. One can expect that this momentum will be maintained under the stewardship of Shri. Ravi Shankar Prasad

There has been unprecedented interest amongst taxpayers and tax professionals towards the aforesaid two schemes recently announced by the Ministry of Finance. Taxpayers and professionals are grappling with a number of questions relating to the implementation of the said schemes. To assist the taxpayers and professionals, we have created a panel of eminent Advocates and Chartered Accountants and requested them to answer queries relating to both schemes. We have also ensured that all resources (CBDT Circulars, videos etc) are available at one place so that they can be conveniently retrieved. We request all taxpayers and professionals to avail of the free advice being offered by the eminent experts and make both schemes a resounding success.

The CBDT has issued Notification No. 55/2016 dated 28th June 2016 by which it has notified Rules 11UB and 11UC which set out the manner of determination of fair market value and reporting requirement for Indian concerns under the Indirect transfer provisions in section 9(1) of the Income-tax Act, 1961

With regard to The Income Declaration Scheme, 2016, the CBDT had earlier Circular No. 17 of 2016 dated 20th May, 2016 and Circular No. 24 of 2016 dated 27th June 2016 in which it has clarified queries received from the public about various provisions of the Scheme. The CBDT has now issued Circular No. 25 of 2016 dated 30th June 2016 to clarify further issues relating to the scheme