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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveysST - Since Department itself admits that service carried out by appellant is that of 'Mining Services' w.e.f. 01.06.2007, thus demand for earlier period has been made only to fasten excess Service Tax demand on appellant which cannot sustain: CESTATICG rescues fisherman with head injury onboard IFB St. Francis off the Gujarat coastCX - When physical stock verification carried out by Officers was not fool proof and there were anomalies, benefit of doubt should be extended to assessee, duty demand confirmed on alleged clandestine removal is not sustainable: CESTAT
 
President calls for innovative tax management system; CJI asks ITAT Members to become tech savvy

By TIOL News Service

NEW DELHI, JAN 24, 2016: THE President of India, Mr Pranab Mukherjee, today inaugurated the All India Members Conference of the Income Tax Appellate Tribunal as part of its Platinum Jubilee Celebrations in New Delhi.

Speaking on the occasion, the President said that over the years, there has been a sharp increase in direct tax litigations. The rising trends in tax disputes and the quantum involved in tax litigations, call for an innovative tax litigation management system. Transfer pricing, international taxation and taxation of digital economy are the frontier areas of taxation of modern complex economy, which require special skill sets. Over the years, taxation department has responded to meet the challenges through capacity development. The rising disputes in these areas call for trained manpower in both the tax department as well as in tax judiciary to keep India globally competitive in tax judiciary system.

The President said that the complexity and challenges of the taxation system may lead to grievances amongst the tax payers. The quick resolution of disputes is one of the important ways to reduce grievances of the tax payers. Speedy justice requires a high degree of legal, technical and technological expertise in the organization. It also requires continuous updation of knowledge in the fast changing legal and economic eco-system. Due to technology, the speed of business has increased exponentially. The tech-savvy entrepreneurs and global Indians demand justice delivery system in line with the best global practices. Meeting the expectations of these twenty-first century entrepreneurs is a challenging job. He expressed hope that members of the ITAT family and the Ministry of Law would respond to these challenges pro-actively.

While speaking on this occasion, the Justice T.S.Thakur, Chief Justice of India, also emphasized the need for fully aware tech savvy members at the ITAT benches so that a speedy and fair justice could be given to the litigants. He said technical upgradation is the need of hour and we must work in this regard.


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