Income Tax Appellate Tribunal Bar Association, Mumbai

CIRCULAR

19th September, 2008

Our Association is in receipt of an anonymous letter alleging that the persons named therein have indulged in certain malpractices in connection with some appeals before the Honourable Tribunal. This is not the first time that we have received such a letter. For obvious reasons, the Association cannot take any action based upon such communications, particularly when the same do not contain the relevant details.

However, it is possible that a person may have a genuine issue to raise or a genuine complaint but may hesitate to come forward for a variety of reasons. Appreciating this position, the Managing Committee has decided to constitute a Committee of 3 persons whose integrity is beyond question.

Any person wanting to raise a genuine issue or to make a genuine complaint can directly approach any member of this Committee. The identity of the complainant shall not be disclosed without the consent of the complainant.

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Hon'ble Chief Justice K. G. Balakrishnan

This is the text of the letter written by Chief Justice of India, K.G.Balakrishnan to Prime Minister Manmohan Singh recommending removal of Mr. Justice Soumitra Sen, Judge of the Calcutta High Court as published in The Hindu.

Dear Prime Minister,

I write this to recommend that the proceedings contemplated by Article 217(1) read with Article 124(4) of the Constitution be initiated for removal of Mr. Justice Soumitra Sen, Judge, Calcutta High Court.

2. Mr. Justice Soumitra Sen was a practising advocate of Calcutta High Court before he was appointed as a Judge of that High Court, with effect from December 3, 2003. In Civil Suit No. 8 of 1983, filed by Steel Authority of India Limited against Shipping Corporation of India Limited and Ors., Calcutta High Court vide order dated April 30, 1984 appointed him as a Receiver to make an inventory of certain goods which had been imported and then rejected by Steel Authority of India Limited and to sell those goods and hold the sale proceeds to the credit of the Suit. After preparation of inventory and sale of the goods, the Receiver was directed to deduct 5 % of the sale price towards his remuneration, keep the balance in a separate bank account in a bank of his choice and to hold the same free from lien or encumbrances, subject to further orders of the Court.

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The OECD 2008 Update to the Model Tax Convention incorporating India’s position , as approved by the Committee on Fiscal Affairs at its meeting of 24-25 June 2008 and the OECD Council on 17 July 2008 can be downloaded here (1.2 MB).

The contents of the 2008 update result primarily from the following reports:

Improving the Resolution of Tax Treaty Disputes That report was adopted by the Committee on Fiscal Affairs on 30 January 2007 following extensive consultations that included the release of a discussion draft on 1 February 2006 and a public consultation meeting in Tokyo on 13 March 2006.

Revised Commentary on Article 7. The revised Commentary on Article 7 was first released as a public discussion draft on 10 April 2007. In accordance with earlier decisions by the Committee concerning the implementation of the conclusions from its work on Attribution of Profits to Permanent Establishments, the revised Commentary incorporates those aspects of the conclusions from that work that do not conflict with the existing interpretation of Article 7 reflected in the current version of the Commentary (the Committee has also approved, on 25 June 2008, the public release of the second part of the implementation package, i.e. a new Article 7 and related Commentary changes that will fully incorporate the conclusions of the Report on Attribution of Profits to Permanent Establishments).

For more details, please visit OECD.

NOTIFICATION NO. 91/2008, DATED 28-8-2008

In exercise of the powers conferred by sub-section (3) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that where an agreement entered into by the Central Government with the Government of any country outside India for granting relief of tax or as the case may be, avoidance of double taxation, provides that any income of a resident of India “may be taxed” in the other country, such income shall be included in his total income chargeable to tax in India in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), and relief shall be granted in accordance with the method for elimination or avoidance of double taxation provided in such agreement.