Hon’ble Shri R.V. Easwar, Judicial Member, has been elevated as Senior Vice President and posted to the Mumbai Bench of the Tribunal with effect from 25th November 2009. Shri. Easwar has qualified as LLM and ACA and practised as a lawyer from 1975 to 1991 in Chennai. After his elevation to the Bench in 1991, he has served the Kolkota, Mumbai, Delhi and Bangalore Benches. He has been a party to several landmark judgements such as Mid East Portfolio 87 ITD 537 (Mum) (SB), Lalsons Enterprises 89 ITD 26 (Del) (SB) and Kanel Oil (Ahd) (TM).

The other Hon’ble Members who have been promoted as Vice Presidents are:

We wish the Hon’ble Members good luck in their new postings.

In Medi Assist TPA vs. DCIT the Karnataka High Court has held that TPAs are required to deduct tax u/s 194J on payment to hospitals. In that connection, the CBDT has issued the following Circular.
 

Circular No.-8 /2009

F.No.385/08/2009-IT(B)

Government of India
Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, dated the 24th November, 2009

Sub: Applicability of provisions under Section 194J of Income Tax Act’61 in the case of transactions by the Third Party Administrators (TPAs) with Hospitals etc.

 
A number of representations have been received from various stakeholders regarding applicability of provisions under Section 194J of Income Tax Act’61 on payments made by Third Party Administrators (TPAs) to hospitals on behalf of insurance companies for settling medical/insurance claims etc with the hospitals.

2. The matter was examined by the Board. As per provisions of section 194J (1) ‘Any person, not being an individual or a Hindu undivided family, who is responsible for paying to a resident any sum by way of-

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Income-tax (Dispute Resolution Panel) Rules, 2009

  Income-tax Dispute Resolution Panel Rules, 2009 (pdf) (123.6 KiB, 1,887 hits)

Notification No. 84/2009[S.O. 2958(E)/F.No. 142/22/2009-TPL], dated 20-11-2009

In exercise of the powers conferred by sub-section (14) of section 144C of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes makes the following rules to regulate the procedure of the Dispute Resolution Panel, namely:-

1. Short title and commencement. – (1) These rules may be called the Income- tax (Dispute Resolution Panel) Rules, 2009.

(2) They shall come into force on the date of their publication in the Official Gazette

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A list of Special Bench matters pending in the Mumbai Bench of the Tribunal as of 1.11.2009 is available for download.

  List of ITAT Mumbai Special Bench matters as of 1.11.2009 (22.8 KiB, 2,050 hits)

The list of All – India Special Bench matters is available here.

The International Tax Conference will be hosted by the Asia-Oceania Tax Consultants’ Association (AOTCA) which is the international body for tax professionals in the Asia-Oceania region – in association with the All India Federation of Tax Practitioners (A1FTP). This Conference will provide the perfect opportunity to facilitate the exchange of knowledge and to developing interpersonal relationships on an international level.

The Conference is scheduled to be held on 19-21 NOVEMBER 2009 at Trident, Nariman Point, Mumbai, India

More details are available at http://indiainternationaltaxconference.com