Month: September 2011

Another confusion in the field relating to this matter is whether or not review petition is to be filed in those cases where tax effect is less than Rs 4 lacs. It was suggested by this Directorate letter No Addl DIT(L&R)-I/SLP/2011-12/4502 dtd 01/09/11 addressed to all CCsIT / DGsIT at Delhi that proposal to file SLP was not to be sent in such cases. In this regard it is clarified that as per letter dtd 24/08/11 the Board’s decision only not to file SLP due to smallness of tax effect was conveyed. However since appeal to High Court was filed as per the relevant Instruction applicable at the time of filing, review / recall petition in such cases is also to be filed where tax effect is less than Rs 4 lacs, if filing appeal to High Court was permissible as per Instruction applicable at the time of filing

In partial modification of Order No. 4/FT&TR/2011 dated 23.05.2011, the Central Board of Direct Taxes has revised the constitution of the Dispute Resolution Panels w.e.f. 16.09.2011

In pursuance of the consultations of the collegium of the Income Tax Appellate Tribunal consisting of the President and two senior-most Vice-Presidents, the following Members of the Tribunal are hereby transferred in public interest, (except Serial Nos. 1 & 8) in the same capacity, to the Bench/es of the Income Tax Appellate Tribunal as shown against their names with effect from 12.09.2011

Vide Order No 155 of 2011 dated 08.09.2011 the CBDT has transferred and posted several ACIT, DCIT, JCIT & Addl CIT in the Directorate of International Tax & Transfer Pricing with immediate effect

Vide Order No 152 of 2011 dated 06.09.2011 the CBDT has transferred and posted several Commissioners & Directors of Income-tax with immediate effect

On this issue SLP was filed in Supreme Court and one case namely Surya Herbal came up for hearing before the Hon’ble Supreme Court on 29/08/11. The order passed by the Hon’ble court in that case in SLP(C) CC No 13694 of 2011 is enclosed herewith. The Supreme Court has directed that review petition be filed in High Court within two weeks. In such cases the attention of the High Court may be drawn to the observations of Supreme Court with a prayer not to apply the Instruction No 3/2011 ipso facto in respect of appeals filed prior to 09/02/11

Vide Order No 148 of 2011 dated 01.09.2011 the CBDT has transferred and posted Additional & Joint Commissioners of Income-tax with immediate effect

In partial modification of Order No. /FT&TR/2011 dated 24.08.2011, the Central Board of Direct Taxes has revised the constitution of the Dispute Resolution Panels w.e.f. 01.09.2011