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Archive for August, 2012

Vide Notification No. 36 of 2012 dated 30.08.2012, the CBDT has inserted Rules 10F to 10T to introduce the “Advance Pricing Agreement Scheme”.

 


 

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Vide order passed in pursuance of the consultations of the collegiums of the Income Tax Appellate Tribunal, consisting of the President and two senior-most Vice Presidents, Dr O K Narayanan, Vice President, ITAT, Chennai Zone, Chennai is transferred to ITAT, Kolkata Zone, Kolkata w.e.f. 10 Sep 2012 and Shri Hari Om Maratha, JM, ITAT, Jabalpur is transferred to ITAT, Jodhpur w.e.f. 03 Sep 2012.

 

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


F.No. 279/M-6112012-IT.l
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct taxes
(A&l Division)
New Delhi, the 281h August, 2012

 

OFFICE MEMORANDUM

 

Sub: Institutional Mechanism for Forming Departmental View on Contentious Legal Issues

 

It has been observed that a large part of litigation in the Direct Taxes matters involves interpretation of legal provisions. Lack of desired clarity on a contentious legal issue, amongst the officers of the department, sometimes leads to inconsistent approach on the same issue giving rise to further litigation. With a view to provide clarity on contentious legal issues, promote consistency of approach on a given issue and reduce litigation, it has been decided to set up the following institutional mechanism to formulate ‘Departmental View’ on contentious legal issues:

 

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The CBDT has issued a letter dated 27.08.2012 stating that there has been non-compliance and violation of the CBDT’s order in respect of posting of officers on promotion to the grade to JCIT. The CBDT has taken a stern view and threatened that the concerned officer who issued the order and the CCIT (CCA) concerned would be held personally liable.

 


Vide Order No. 170 of 2012 dated 27.08.2012 the CBDT has ordered the distribution of work amongst the Chairman and the Members of the CBDT.

 


The CIT, CPC, has informed vide letter dated 21.08.2012 that an amount of Rs. 4800 crores has been collected in respect of disputed demands by way of adjustment of refunds and that there is a need to rectify/ reconcile the said arrear demand. For this purpose, the CPC has arranged a workshop on 28.08.2012 and directed all CCITs to depute their representatives.

 

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Vide Order No. 167 dated 22.08.2012, the CBDT has promoted several officers in the grade of Commissioners of income-tax to the grade of Chief Commissioners of Income-tax in the pay scale of Rs. 67,000 to Rs. 79,000 with effect from the date of assumption of charge of the post and until further orders. By the same order, several transfers of CCsIT and DGsIT have been ordered.

 


Vide Office Order No. 347/2012 dated 21.8.2012, the Ministry of Finance has intimated that the President of India has appointed Dr. Poonam Kishore Saxena, presently member, Central Board of Direct Taxes (“CBDT”), as Chairperson of the CBDT in the Department of Revenue, Minstry of Finance, in the pay scale of Rs. 80,000 (fixed) with the status of Special Secretary to the Government of India.

 


Vide Order No. 165 dated 17.08.2012, the CBDT has transferred and posted several officers in the grade of Additional/ Joint/ Deputy/ Assistant Commissioners of Income-tax with immediate effect

 


Vide letter dated 17.08.2012, the CBDT has released a list of officers of the rank of Additional/ Joint Commissioners of Income-tax who have been selected for an “Advanced Mid Career Training Programme” on “Corporate Taxation & Advocacy Skills” which is to be conducted at MDI Gurgaon and Duke University, USA.