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 :: cpt :: articles on VAT and GST in India :: empanelment :: VAT RATES :: TDS :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: form 3cd :: ARTICLES ON INPUT TAX CREDIT IN VAT :: Central Excise rule to resale the machines to a new company :: due date for vat payment :: list of goods taxed at 4% :: ACCOUNTING STANDARDS :: TAX RATES - GOODS TAXABLE @ 4% :: VAT Audit
 
 
General »
 DHFL loan to Manpreet Estates under tax scan
 Council acts to ease cascading tax impact on petroproducts
 Income Tax comes a cropper tracking shell firms
 Income Tax returns: Is rental income from property taxable in hands of homeowners?
 Tax department to engage with corporates to spur receipts
 Furnish Form 67 to claim foreign tax credit in India tax return
 GST: Commerce ministry to write to finance ministry over trademark rule
 GST: Govt issues clarification to address service tax issues, misses key concerns
 How to file LUT/Bond for SEZ units under GST
 Exemption From Capital Gains On Sale Of Agricultural Land
 FinMin wants RBI to lower rates, boost domestic demand

Cabinet secy: No tapping to only detect tax evasion
April, 28th 2011

Reacting to the controversy on whether the Central Board of Direct Taxes (CBDT) should have powers to intercept telephone calls, the cabinet secretary today answered in the negative. K M Chandrasekhar clarified that the law does not permit telephone tapping and monitoring of conversations to merely detect tax evasion.

He recommended that either CBDT should be removed from the list of authorised agencies or be allowed to tap phones only under specific conditions. The cabinet secretariat said the recommendations were in line with the observations of the Supreme Court.

There are specific laws and rules that contain provisions for detection of unaccounted wealth and evasion of taxes and interception of telephones without public emergency or public safety being at stake is not in accordance with the law, as exhaustively interpreted by the Honble Supreme Court, the secretariat said in a release today.

It has added that the recommendations made by the cabinet secretary reiterate the established legal position, which should not be seen in terms of conflicts between individuals or interest groups.

In the light of controversies on account of interception of certain telephone numbers by CBDT associated with the 2G spectrum scam, Prime Minister Manmohan Singh had directed Chandrasekhar to look into the rules, procedures and mechanism to avoid the misuse.

The secretariat says after examining all relevant issues, the cabinet secretary has recommended further comprehensive refinement of rules and procedures, in addition to providing for stronger penal provisions for violations by amending the law.

It was also recommended to either remove the CBDT from the list of authorised agencies in respect of telephone interception as the income tax laws fall within civil jurisdiction and do not always impinge on public safety or to specify stipulations regarding the extent of surveillance allowed to the agency, including the level at which requests are to be made for authorisation by the Home Secretary.

Explaining the factual position associated with the issue, the secretariat has also pointed out that the Supreme Court had upheld the constitutional validity of interceptions and monitoring under Section 5(2) of the Act through its order dated 18.12.1996 in a Writ Petition (C) No.256/1991 by Peoples Union for Civil Liberties (PUCL) Vs the Union of India.

It has also observed that the right to hold a telephone conversation in the privacy of ones home or office without interference can certainly be claimed as Right to Privacy, and accordingly, held that telephone tapping would infringe the Right to Life and Right to Freedom of Speech & Expression enshrined in Articles 21 and 19(1)(a) respectively of the Constitution of India, unless it is permitted under the procedure established by law.

The cabinet secretariat has also mentioned that the Supreme Court had recalled its observations in the case of Hukum Chand Shyamlal Vs Union of India and others, 1976 stating that economic emergency was not one of those matters expressly mentioned in the statute, and further that mere economic emergency may not necessarily amount to a public emergency and justify action under Section 5(2) of the Act, unless it raised problems relating to the matters indicated in the section.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Software Reengineering Software Re-engineering Software Reverse Engineering Software Reverse Development Software Change Modulation Software Conversion Software Re-creation Software Re-development

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