Latest Expert Exchange Queries

GST Demo Service software link:
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
Popular Search: cpt :: list of goods taxed at 4% :: VAT Audit :: ACCOUNTING STANDARDS :: Central Excise rule to resale the machines to a new company :: TAX RATES - GOODS TAXABLE @ 4% :: TDS :: due date for vat payment :: ACCOUNTING STANDARD :: VAT RATES :: ARTICLES ON INPUT TAX CREDIT IN VAT :: form 3cd :: articles on VAT and GST in India :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: empanelment
« Direct Tax »
 Filing your return may not mean the end of tax issues
 Filing tax return before March 31? Here is what you should do and what not
 CBDT invites suggestions to draft new Direct Tax Law
 Deadline For Income Tax Returns Filing Only 12 Days Away. 10 Points
 Income Tax: E-assessment ensures greater efficiency in the taxation system
 10 Points Deadline For Income Tax Returns Filing Only 2 Weeks Away.
 Income tax returns (ITR) filing: A step by step guide to check your ITR status online and offline
 How to save tax; amazing tips to make your money stay in your wallet Income tax returns (ITR) filing
 Want to save tax? Here are the best options
 Suggestion For Option To Assessee For Higher And Lower TDS/TCS For Optimization Of Tax Collection And Refunds
 CBDT to conduct nationwide review of tax collection for FY18 today

CBDT: are its powers diluted?
November, 23rd 2009

The Central Board of Direct Taxes (CBDT) is a statutory authority created under the Central Board of Revenue Act, 1963, as defined under Sec. 116 of the present Act, repeated in Sec. 284(34) of the Code with independent status to act impartially so as to be not influenced by the political changes.

Being familiar with the requirements of both taxpayers and the officers, it is best equipped to be an independent regulatory authority. An independent board like Ceasars wife is expected to be above suspicion.

The provision in Sec. 127 of the Code is best understood and analysed in an article by T. C. A. Ramanujam and T. C. A. Sangeetha in Income Tax Reports (2009) 318 ITR (Journal) 1 at 9 as under:

Sec. 127 of the DTC openly declares that the CBDT shall be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time.

The Board shall be given an opportunity to express its views before any such direction is given. The decision of the Central Government whether a question is one of policy or not shall be final.

This provision is a flagrant violation of the principle of the independence and integrity of the CBDT.

Already, the Indian Revenue Service is considered not even a shadow of its counterpart the Internal Revenue Service of the U.S. An independent IRS is a sine qua non for an honest and efficient implementation of the tax policy.

By making the CBDT openly subservient to the Central Government, the Code compromises such independence and integrity of the Board. Obviously, it looks as though CBDT was never consulted in drafting the Direct Taxes Code.

Another comment in another article in the same issue by Dr. C. P. Ramaswami illustrates from one of the passages in Yes Minister the scope of possible conflict between Government policy and administrative responsibility in a lighter vein in the following words reproduced in Income Tax Reports (2009) 318 ITR (Journal) 15 at 23 as:

Sir Humphrey Appleby: Yes, I do think there is a real dilemma here in that while it has been Government policy to regard policy as the responsibility of Ministers and administration as the responsibility of officials, questions of administrative policy can cause confusion between the administration of policy and the policy of administration, especially when responsibility for the administration of the policy of administration conflicts or overlaps with responsibility for the policy of the administration of policy.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2018 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Website Ranking Website Ranking Company Website Positioning Alexa Ranking Website Promotion Website top 10 ranking website top 10 promotion search engine result promotion Strategic Internet Marketing Website Optimization Website Ranking Factors

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions