Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Open DEMAT Account with in 24 Hrs and start investing now!
« Direct Tax »
Open DEMAT Account in 24 hrs
 Tax filing: How to choose the right ITR form
 Income Tax Return: How to maximise your tax refunds while filing ITR?
 Last date for filing income tax return (ITR)
 Income Tax Return: How to get maximum tax refunds on filing ITR Check out these 5 ways!
 ITR Filing: Exemptions and deductions that senior citizens can claim for FY24
 Income tax return scrutiny: CBDT issues notification on selection of cases for tax scrutiny. Check details
 CBDT signs record number of 125 Advance Pricing Agreements in FY24
 CBDT issues guidelines for selection of cases for scrutiny, focus on tax evasion info by law enforcement agencies, note experts
 CBDT issues Guidelines and Procedure for Compulsory Selection of Income Tax Returns for Complete Scrutiny for FY 2024-2025
 Net direct tax collections exceed 2023-24 target
 Govt kicks off direct tax code revision

CBDT orders I-T offices to set up grievance cells
December, 10th 2015

In a bid to tackle high-pitched and unreasonable tax assessment orders, which result in heavy income tax (I-T) demands, the Central Board of Direct Taxes (CBDT) issued a notification on Monday requiring setting up of local grievance committees across I-T offices in India.

The CBDT, in its notification, acknowledges that: "The tendency to frame high-pitched and unreasonable I-T assessment orders is still persisting due to which grievances are being raised by the taxpayers. Such grievances not only reflect harassment of taxpayers but also lead to generation of unproductive work for the I-T department."

Such unreasonable I-T orders, especially in the realm of international taxation and transfer pricing, have been a cause of concern for the finance ministry. The high I-T collection targets assigned to tax officers, on which their performance appraisal is based, has often been blamed for such I-T assessments. If the I-T assessments are frivolous in nature, the tax department loses the case when the taxpayer files an appeal and the matter is disposed of by the I-T appellate tribunals (ITATs) or courts.

Recently, Prime Minister Narendra Modi, speaking at the Economic Conclave in Delhi, had announced a change in the performance appraisal mechanism. "The appraisal should reflect whether or not the officer's orders and assessments have been upheld on appeal. This will deter corruption and also motivate officers to pass correct orders," he had said. The additional measure of setting up of local grievance committees will further usher in a tax-friendly regime, said a government official.

The local committees comprising of three high-ranking I-T officers are to be set up by November end. On receiving a grievance petition from the taxpayer, the committee has to dispose it within two months.

The committee's responsibility is to examine whether there is a 'prima facie' (apparent) case of high-pitched I-T assessment, non-observance of principles of natural justice (there should be no bias), non-application of mind or even gross negligence on part of the I-T officials involved in the assessment of that particular case.

These committees will ascertain whether or not the additions made to the income of the taxpayer in the assessment order, resulting in high I-T demands, are backed by sound reason or logic. It will also examine whether the provisions of law have been grossly misinterpreted or obvious and well established facts on records have been outright ignored by the I-T officials. If the committee concludes that an unreasonable and high-pitched addition to the income of the taxpayer has been made by the tax official, a report will be sent by it to the Principal Chief Commissioner of Income-Tax (Pr CCIT), who is responsible for tax administration. The Pr CCIT will then take suitable administrative action in a bid to curtail litigation.

CBDT's notification clarifies that the objective of setting up of such local committees is to effectively and efficiently deal with the genuine grievances of the taxpayers and support an environment where I-T assessment orders are passed in a fair and reasonable manner. Such local committees are not an alternative or additional channel of filing an I-T appeal.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2024 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting