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Misc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaI-T- No disallowance under section 36(1)(iii) can be made if funds are available with the assessee, which are sufficient to meet the investment: ITATIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSI-T- Penalty rightly quashed where assessment order proposing penalty is itself quashed: ITATGoyal sets USD 50 bn target for footwear industry to achieve by 2030I-T- Where public trust claims deduction under Chapter VIA & due to absence of separate provision in ITR for Section 80GGA at time of filing it, then claim being clubbed u/s 80G is valid: ITATIndian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportIndia to remain steadfast in commitment to nurturing adolescents' talents: Health SecyAI-based SearchGPT to compete with Google: OpenAII-T- Assessee's acceptance of the cash in the form of SBNs, assessee being an Urban Cooperative Bank, which is not being covered by the RBI Circular, cannot be considered as unexplained for addition U/s. 68 of the Act: ITATDelhi liquor scam: United Spirits CEO summonedVAT - burden of proof lies with Department to verify & approve refunds to ultimate taxpayers: HCBiden to attend QUAD meeting to be held in New Delhi this yearST - Appellant is entitled to avail CENVAT Credit on re-insurance of motor vehicles and credit availed by it during relevant period from April, 2011 to March, 2012 on this score were all admissible credit: CESTATChinese youth furious over appeal to raise retirement ageST - As there is no positive act established against appellant with regard to suppression of facts, the period being transitional period, invocation of extended period was set aside: CESTATUS & allies allege North Korean hackers of stealing military secretsCus - Assessee-company is not liable to pay interest on deferential Customs duty arising out of the final assessment of bills of entry: CESTATMexican drug lords arrested in USCX - Cenvat credit of input services as per Rule 6(5) of CCR 2004, is allowed, even if such services are partly used for exempted businesses: CESTATNew Income tax Code to be developed internally by CBDT, says Revenue SecretaryCus - Department has not established any positive act on the part of appellant in regard to suppression of facts with intent to evade Customs duty, no grounds found for invocation of extended period, demand of CVD along with interest and imposition of penalties cannot sustain: CESTATKejriwal to remain in judicial custody till Aug 8CX - Refund of pre-deposit is governed by Section 35FF of Central Excise Act, 1944 and rate of interest is governed by statutory provisions and notifications issued in this regard, appellants are entitled for payment of interest as per provisions of Section 35FF and at the rate prescribed therein: CESTAT
 
Rajaswa Gyan Sangam - Key takeaways - CBEC to scrap redundant excise Circulars and issue Master Circular; CBDT to go for re-organisation of jurisdictions on functional lines

By TIOL News Service

NEW DELHI, JUNE 18, 2016: THE two-day Rajaswa Gyan Sangam, the mega annual conference of tax administrators from both the Revenue Boards officially came to an end yesterday evening. And among the major takeaways were the CBEC's decision to scrap all existing Circulars and issue a Master Circular in Central Excise, one of the most contentious indirect taxes in the country and the CBDT's decision to organise the jurisdictions of the Income Tax field formations on functional lines.

The key takeaways for CBEC were:

++ Identify 20 topmost litigated issues and examine from policy perspective whether any intervention is required;

++ Review powers of adjudication & enhance them for speedier disposal of adjudication;

++ Customs Single Window to develop Integrated Risk management System combining the risk parameters of participating Government agencies to aid in faster Custom clearances;

++ Simplification of procedures for write off of tax arrears;

++ Dedicated attention on augmentation of infrastructure for the tax payer and tax administrators;

++ Publication of details of cases which have been withdrawn;

++ Strengthen Authorised Economic Operator (AEO) scheme and target to bring 1000 AEO from current 31;

++ Focus on at least two infrastructural residential projects to meet the needs of young officers -Dwarka in New Delhi and CIDCO flats in Mumbai.

The major takeaways for CBDT were:

++ Reduce litigation and provide alternative dispute resolution mechanisms;

++ Creating a “Litigation Management Corner” on website of all Pr. CCsIT to provide information on High Court orders to avoid filing of appeal on settled issues in High Court;

++ Increase voluntary acceptance of paperless assessment, by pro-active engagement with all stakeholders through advertising and awareness campaigns including through the departmental website;

++ Examine the language of the communications from CPC on processing to make them enhance easy comprehension and avoid unnecessary appeals;

++ Upgradation of infrastructure like computers, scanners, Wifi, etc for assessing officers;

++ The Pr. CCsIT to ensure that all their assessing officers are allotted dedicated and secure official email account by 30.06.2016 for communication with the taxpayers for e-assessment;

++ The Pr. CCsIT to send construction proposals for 57 vacant lands in their jurisdictions within three months to address the shortage of space. Proposals for purchase of ready-build office/ residential space may also be expedited;

++ Donating surplus old steel almirahs to schools/ colleges will be examined by the Board on reference made by Pr. CCsIT.

During his interaction the Union Finance Minister, Mr Arun Jaitely, highlighted the fact that the Indian economy is in a transformational phase and emphasised the need to take advantage of the global changes that are reshaping the world economy. He further stressed that India is bound to become a major manufacturing hub of the world ; in this regard, reforms such as “GST” and a modern non adversarial tax regimen are crucial to catapult the share of manufacturing sector to 25% of GDP.


 RECENT DISCUSSION(S) POST YOUR COMMENTS
   
 
Sub: Reasons for failure of CBEC

The Senior officers in CBEC are not performing their task and almost all the works are done by junior level officers like Inspector/Superintendent. Even they don't have capabilities to handle all the three taxes Customs, Central Excise, Service Tax. Their attitude is totally negative don't allow simple request of the assessee like common registration, conversion of shipping bills, cum-duty and CENVAT in clandestine removal, deemed to be concluded, not to follow CBEC's instructions/circular favourable to assessee etc. Even committee for review functioning without application of mind to defeat the purpose of less litigation by judicious review. They allow so many things which are not required to be allowed but they allow for the reasons best known them only. Their contribution is zero in drafting SCN, Orders, Review etc. except grammatical changes. In policy making opinion outside the department like trade, advocate/consultant are required to be involved. CBEC's instructions/clarifications on same subjects for all three taxes are different e.g. deemed to be concluded passing of OIO or not. Circular must be clarify for all the three taxes wherever possible as almost all the provisions are identical. Over all reforms byway of change in their thought process with accountability may improve the way of working. To take India in 21st Century as developed country only these two boards officers attitude change may change the atmosphere of ease of doing business in India. As on today business community feel that to run a business in India is a crime.
Let's pray to god senior officers will come out from AC chambers and see the ground reality as to give positive contribution in development of country. Jai Hind, Jai Bharat, Vande Matram.

Posted by Pankaj Rachchh
 

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