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: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: cpt :: ACCOUNTING STANDARDS :: TDS :: Central Excise rule to resale the machines to a new company :: ARTICLES ON INPUT TAX CREDIT IN VAT :: articles on VAT and GST in India :: due date for vat payment :: empanelment :: list of goods taxed at 4% :: form 3cd :: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: VAT RATES :: VAT Audit
 
 
« News Headlines »
 A tax saver scheme with higher returns
 GST registration mandatory for TDS entities
 Govt rules out extension for filing GSTR-3B returns after December
 Tax department’s e-filing portal out of action for 2 hours
 Use ITR-2 to show salary and capital gains income
  TDS Applicability On Government Contracts Under Gst (Under Section 51 Of The Cgst Act, 2017)
  How to file ITR for FY 2016-17 and all the links you need
 All about E-way Bill under GST
 Good and simple tax: on the GST regime
 Seeks to extend the time limit for filing of GSTR-1, GSTR-2 and GSTR-3
 Good news, find Tax Return Preparers soon at a place near you; 5 things to know

Taxpayers can object to wrong service of notice before assessment completion
May, 08th 2008

The assessee has now been given a pre-emptive right to raise objection before the completion of assessment.


Income tax assesses will now be required to bring to notice any improper service of tax notices before the assessing officer itself, i.e. at the first stage of assessment, if they want to keep the issue of legality of notice alive at the appellate levels, say tax experts.

Hitherto, in assessment procedures, assesses were not objecting to wrong or improper service of notice before the assessing officer.

They were directly taking the plea at the appellate level that notices were not issued in time or in accordance with law and therefore the assessment should be invalid in law.

To put an end to litigation on notices and ensure that tax evaders do not take shelter on technical defaults, the Finance Bill 2008 had proposed that notice will be deemed to have been duly served if any assessee were to appear on any proceeding or cooperate in any inquiry relating to an assessment or re-assessment.

Moreover, an assessee would not be permitted to take any objections on improper service of notice in any subsequent inquiry or proceeding.

Amendment

Faced with requests for review of the department friendly provision, the Finance Minister, Mr P. Chidambaram, has, through amendments to the Finance Bill 2008, said that the provision will not apply if the assessee has raised objection (on the service of notice) before the completion of such assessment or reassessment.

The assessee has now been given a pre-emptive right to raise objection before the completion of assessment.

The assessee will have to raise objection at the first stage of assessment itself.

Otherwise, he cannot take the issue of improper service of notice at the appellate level, Mr G. Ramaswamy, Central Council member of ICAI.

Time factor

Mr Aseem Chawla, Partner, Amarchand & Mangaldas, said that the Finance Bill provision (Section 292 BB) will have far reaching implications, particularly where time limitation is a cause for agitation.

The tax authorities may seek to enforce the attendance of the assessee or his appearance even in those cases where proceedings have been time barred.

On the other side, it may now be reasonable cause for a person to defy summon or notice on the ground that such appearance will lead to losing the legal right.

The said provisions are not in tune with the basic principles of natural justice.

Further, the said provision is required to be evaluated on the touchstone of fairness, in a situation the objections are being raised against the same assessing officer, who has not complied with the basic tenants of the natural justice at the first instance, Mr Chawla said.

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

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