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Cus - Petitioner is only an intermediary for procuring containers and giving the same on lease to the consignees - Directions cannot be issued, while exercising extraordinary jurisdiction, to authorities to release the containers by destuffing the goods: HCGST - Petitioner asserts that he was unaware of the proceedings - Since the tax dues appear to have been recovered, revenue interest has been secured - Matter remanded: HCGST - No opportunity of hearing is granted to the petitioner by the respondent authority while taking adverse view - Only recourse is to remand the matter for passing fresh order in accordance with law: HCGST - Tax demand and penalty were confirmed entirely on the basis of the statement recorded on 26.09.2022 and by disregarding the reply filed and documents annexed thereto - Orders unsustainable, matter remanded: HCGST - Refund - Proper officers have to comply with the provisions of s.54(7) - Claim to be processed within two weeks: HCGST - Since the only reason for passing impugned order is that petitioner had not filed any reply, one opportunity needs to be granted - Matter remitted: HCChina faces acute revenue crunch! Will it reform clunky fiscal system?Arunachal cops bust sex racket; 21 including govt employees arrestedI-T- Not providing cross-examination of maker of the statement on which AO relies upon to take adverse view against an assessee is a serious flaw which render the action of AO a nullity : ITATMajor road accidents: 8 killed in MP & 6 in OdishaI-T- 84-day delay in filing appeal before CIT(A) is condonable, where caused due to assessee's ill health; matter remanded for reconsideration: ITATNSSO reveals joblessness on decline in urban IndiaBharat Pavilion at Cannes Film Festival inauguratedAs protests turn violent, France declares state of emergency in CaledoniaI-T- Amount of enhancement is deemed to be income of previous year in which it is received for purposes of 'enhanced compensation' taxable as capital gain: ITATLawrence Wong assumes office as Singapore’s new PMDoT receives overwhelming response to its Sangam Initiative: 144 participants selectedPutin seeks greater support for war efforts in BeijingI-T- DDT liability is distinct and separate from the liability to pay income-tax on the total income of an assessee : ITATGST - SC tells UoI - Not necessary to make arrest in every caseFirst set of citizenship certificates after notification of CAA Rules, 2024 issuedAssassination attempt at Slovakia PM Fico; Serious injuries reportedCus - Without checking authenticity of certificate of origins, the same cannot be discarded & based on the same, benefit of exemption cannot be denied: CESTATFM says PM’s active monitoring behind infra sector turnaroundCBIC revises tariff value of edible oils, gold and silver6 burnt to death as bus catches fire after ramming into lorry in APCX - Since the appellant has fulfilled procedural requirement as mentioned in Clause 2(a) of Notfn 33/99-CE , refund applications filed by appellant cannot be rejected: CESTAT
 
ITAT, CBDT & 10 Bars interact on Vivad Se Vishwas Scheme

 

By TIOL News Service

NEW DELHI, APR 07, 2020: AT a time when the entire world, including India, is traversing in the uncharted territory of the pandemic of Coronavirus COVID-19, and is virtually in a complete lockdown of 21 days effective 24 th March, 2020 announced by the Government of India, the Income Tax Appellate Tribunal (ITAT), held an All India Video Conferencing of its Members on the topic ‘The Direct Tax Vivad Se Vishwas Act, 2020' here yesterday. 

The session was presided over by Justice P.P. Bhatt, President, ITAT.  Mr Pramod Chandra Mody, Chairman, Central Board of Direct Taxes (CBDT) was the chief guest. The other guest faculty included Mr Kamlesh Chandra Varshney, Joint Secretary-TPL(1) and Mr Rajesh Kumar Bhoot, Joint Secretary-TPL(2) in the Ministry of Finance.  Keeping in view the relevancy and importance of the subject, the President, ITAT thought it fit to invite the representatives of the ten major Tax Bar Associations from all over India.  Accordingly, the representatives of the Bar Associations from Delhi, Mumbai, Ahmedabad, Bengaluru, Kolkata, Chennai, Hyderabad, Lucknow, Pune and Chandigarh participated.

In his Presidential address, Justice P.P. Bhatt emphasized the need of stakeholders' participation in the Alternative Dispute Resolution Mechanism and explained the keen interest being evinced by the Central Government to create a dispute-free tax collection system. He stated that as an institution specialising in adjudication of tax disputes, ITAT expected all the stakeholders to consider availing the Scheme which was intended to reduce the pending litigation, enable timely recovery of taxes by the Government and sparing the taxpayers' time, resources and energy from litigation.  He urged the stakeholders, more particularly, the tax practitioners to take the task further in a mission mode, so that the system that is choked with the avoidable litigation could be relieved for concentrating on more meritorious issues, which have a bearing on the tax policies affecting the taxpayers on a large scale.  He observed that the success of the technical session lies in carrying home the message by the representatives of the Bar Associations for further discussion with the members in their respective Associations and in carrying forward the objectives of the scheme to its logical conclusion.

Mr. P.C. Mody, Chairman, CBDT explained the objective behind the scheme and the role of the stakeholders in making it a grand success. He explained to the audience that the Government as well as the Board have undertaken a massive exercise of considering the suggestions from every corner, for proposing suitable amendments to the Act and also clarifying the doubts by way of answers to the frequently asked questions. He said that no scheme could be conceived with all the perfections, so also could be this scheme, and therefore, he assured that the Government and the Board are open for suggestions and comments from every stakeholder for better implementation of the scheme in its letter and spirit.

Mr Kamlesh Chandra Varshney and Mr Rajesh Kumar Bhoot, Joint Secretaries in the Ministry of Finance explained the subject from different angles and also the text of the scheme as well as the nuances involved in its implementation.

One representative from each of the 10 Bar Associations participated in the discussions and deliberations by making several important suggestions for effective implementation of the scheme and also seeking clarification in respect of certain queries which go to the core of the implementation of the Scheme. The representatives of the Bar Associations unanimously expressed the opinion that the scheme itself is a wonderful piece of legislation that has come after a long time. They expressed a feeling that the unique initiative of holding the technical session by the  ITAT would go a long way in facilitating the implementation of the scheme and the expertise of the speakers on the subject reflected in their dealing with the subject and had thrown a new light in the understanding of the nuances. The representatives of the Bar Associations also expressed their satisfaction about the value addition to the knowledge which they would share with the other members of the Associations and to encourage the deserving cases to end up in filing the declarations under this scheme.

Mr. G.S. Pannu, Vice President of Delhi Zone coordinated the entire session. It was emphasised by Mr. Pannu that apart from the scheme which was laudable, it was important that the CBDT draws up a mechanism, by way of which, the litigation is kept within manageable limits by making suitable amendments in the Statute.


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