Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
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: ACCOUNTING STANDARD :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: list of goods taxed at 4% :: empanelment :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company :: cpt :: ACCOUNTING STANDARDS :: VAT RATES :: VAT Audit :: form 3cd :: TDS
 
 
From the Courts »
  H.T. MEDIA LIMITED Vs. PRINCIPAL COMMISSIONER OF INCOME TAX-IV, NEW DELHI
 Commissioner Of Income Tax (Ltu), New Delhi Vs. Oriental Insurance Company Ltd.
 Principal Commissioner Of Income Tax (Central)-2 Vs. Index Securities Private Limited
 Income Tax Appellate Tribunal, Ahmedabad Benches, Ahmedabad Constitution For The Period From 18/09/2017 To 22/09/2017
  M/s Brothers & Sisters Enterprise vs. JCIT (ITAT Kolkata)
  Commissioner Of Income Tax, Delhi-Iv Vs. DLF Universal Ltd.
 Commissioner Of Income Tax, Delhi-Iv Vs. DLF Universal Ltd.
 Jcb India Ltd. Vs. Deputy Commissioner Of Income Tax &
 Saheb Ram Om Prakash Marketing Pvt Ltd Vs. Commissioner Of Income Tax & ORS
 Tulsi Tracom Private Limited Vs. Commissioner Of Income Tax – 9
 M/s Brothers & Sisters Enterprise vs. JCIT (ITAT Kolkata)

HCs get back power to hear late I-T appeals
March, 02nd 2010

The amendments brought in the Finance Bill has empowered the Income-Tax (I-T) department to file about 12,000 appeals involving several thousand crores of rupees before the high courts, nullifying an earlier ruling by the Supreme Court. Two years ago, the apex court held that the high courts did not have powers to condone delays in filing appeals.

According to the amendment, the High Courts have powers to condone delays in filing appeals as per the section 260 A of the I-T Act. The amendment will be effected retrospectively from October 1998. Vispi T Patel of Vispi T Patel & Associates, a chartered accountant (CA)firm, said this amendment is in tune with the principles of natural justice and fair play.

The proposed amendment throws clarity on the issue and also paves the way for the I-T department to recover tax dues locked up in disputes, said a CA, requesting anonymity.

The amendment follows I-T departments application to the Supreme Court challenging the Bombay High Courts ruling last year which rejected over 700 appeals. Bombay High Court had cited the case of Hongo India Vs Commissioner of Customs & Excise while pronouncing its judgement.

The I-T rules stipulate that the appeals could be filed with High Courts 120 days after receiving the order of Income-tax Appellate Tribunal(ITAT). For such appeals, I-T department approaches the Commissioner of Income-Tax (Appeal), followed by ITAT.

Interestingly, although the Bombay High Court had declined condoning the delays, the Delhi High Court had condoned 30 such applications. According to Delhi High Court, Rule 3A introduced in section 260 A of the I-T Act is sufficient for high courts to condone such delays.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Our Team

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