Latest Expert Exchange Queries
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) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
Popular Search: Central Excise rule to resale the machines to a new company :: form 3cd :: empanelment :: ACCOUNTING STANDARDS :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: VAT Audit :: TAX RATES - GOODS TAXABLE @ 4% :: ARTICLES ON INPUT TAX CREDIT IN VAT :: articles on VAT and GST in India :: ACCOUNTING STANDARD :: TDS :: VAT RATES :: list of goods taxed at 4% :: due date for vat payment :: cpt
« Budget Extravaganza »
 Why advancing the Union Budget date may not make much difference
 Govt keen 2017-18 budget should not clash with polls: Arun Jaitley
 Finance Ministry seeks industry suggestions on taxation for Budget
 Budget should focus on fiscal firm up
 Finance ministry keen to present Budget on February 2 or earlier
 Poor railway performance may mar merged Budget
 Cabinet’s formal nod to be sought for Budget on Feb. 1
 Finance Ministry may talk to EC before finalising Budget date
 Govt starts biggest ever overhaul of Budget
 How does an early budget impact you
 Welcome steps to overhaul the Budget

Budget session in mind, Centre puts off action on UP CM
January, 11th 2011

With the BJP on a warpath and the Budget session drawing close, the Congress is desperate to garner as much support as possible. Hence, the ruling party has decided against persisting with the taxation matters of Uttar Pradesh Chief Minister Mayawati.

The decision not to file an appeal in the Delhi High Court against the orders of the Income-Tax Appellate Tribunal (ITAT) dismissing appeals filed by the Income-Tax department to re-examine the tax liability of Mayawati for five years was taken on the recommendation of a law officer that there wasnt sufficient ground for appeals. However, another law officer is learnt to have told the government that there was enough material to appeal.

The period of limitation, within which the government would have had to move the Delhi High Court in at least two of the five cases, ends on Tuesday. Sources said if the UPA government had decided to move the HC it would effectively had meant pleading for re-opening of the assessment for all five years. They said the decision not to do anything at this juncture was taken at the highest level. The government, especially some Congress leaders, were of the view that the move could also ignite another round of war of words between the UPA government and the UP Chief Minister, who has already accused the Centre of unleashing its agencies to target her and her partys government.

Incidentally, one of the grounds cited by the tribunal while setting aside the fresh assessment order against the CM by the tax authorities was that notices had not been served on her.

All cases pertain to large number of cash gifts received by Mayawati, allegedly from her supporters.

A senior functionary of the Ministry of Finance, which is the administrative ministry for the Department of Income-Tax, had opposed any move to file an appeal in the High Court to challenge the ITAT orders.

The sources told The Indian Express that the Chief Commissioner of Income-Tax (Central), Delhi, had told the Finance Ministry that since there was no substantial question of law involved in the matter, no worthwhile purpose would be achieved by moving the High Court. However, the Law Ministry had been told by one of its law officers that there are certain important questions of law left unanswered by the ITAT Bench and an appeal should be preferred against the same. He was also of the view that Mayawati, who is also facing a disproportionate assets case by the CBI, would use the ITAT decisions to strengthen her defence against the CBI. The ITAT had also upheld the orders passed by the Commissioner Appeals (CIT-A) for the assessment years that included 2001-2002 and 2002- 2003. Among other things, the I-T department was not ready to accept Mayawatis declaration in her annual tax returns that she had received gifts from the late Kanshi Rams sisters.

The contentious matter also saw flip-flop by the UPA government, which removed assessing officer Suresh Sivanandan, who had passed one of the orders against Mayawati, after the BSP extended support to the UPA government against the Oppositions cut motions in the Budget. The assessing officer had also pointed to the fact that there was no relationship between Mayawati and the alleged donors and hence the genuineness of the gifts could not be proved.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Article Management Solutions System Article Management Software S

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