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EXPECTATIONS OF EASE IN BUSINESS DENIED - CBDT ALSO APPEARS TO BE UNREASONABLE TOP AUTHORITY LIKE LOWER TAX AUTHORITIES.

EXPECTATIONS OF EASE IN BUSINESS DENIED - CBDT ALSO APPEARS TO BE UNREASONABLE TOP AUTHORITY LIKE LOWER TAX AUTHORITIES. - Income Tax - Direct Tax Code - DTC - By: - CA DEV KUMAR KOTHARI - Dated:- 3-10-2015 Last Replied Date:- 4-10-2015 - EXPECTATION FROM NAMO GOVERNMENT : The public of India at large and also investors abroad are given to understand that NAMO government will provide EASE of doing business. However, for Indian citizens working in India ease of doing business and also carrying pr .....

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eport etc. are again required to be furnished in physical form. Even information which is available on click of a mouse, are called from tax payers. Assessments contrary to facts, and law are common leading to high pitched demands which are forcefully collected. Even when restructuring of department is effected new tax authorities may attach bank accounts to collect tax demands, without verifying correct current position and without allowing an opportunity to assessee to make an update on recent .....

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tax forcibly, otherwise the tax payer may have to close down his business for which tax authorities have hardly any concern. Let us hope that NAMO government will try its best to reduce personal discretion of tax authorities and scope of manual intervention and consequent scope of harassment. Unreasonableness of tax authorities is ground reality: Un reasonableness of tax authorities is a ground realities when we find repeated high pitched assessments and forceful recovery of tax leading to un-ne .....

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This is evident that a large number of appeals are filed by revenue contrary to settled legal position and administrative policies. Another article about accepting reasonable view of tax payers is webhosted on https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=6454 on issue of Request to NAMO government A reasonable view taken by assessee must be respected and un-necessary proceedings and litigation by revenue must be avoided. Same thing apply to other type of reasonable re .....

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ying ITR and other related forms which are required to be prepared for filing of ITR. A reasonable time for preparing, filing and / or uploading ITR , tax audit report and other reports required in relation to ITR must be given by CBDT to tax payers, auditors, and other tax practioners. The law as applicable for Assessment Year (AY) 2015-16 was well known long ago to the CBDT. An assessee can file his return of income just when AY commences that is on 01.04.2015 in relation to AY 2015-16. If the .....

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a and information have to be collected, analysed, and presented in suitable manner so that ROI and other reports can be filled in and furnished- online or physical as the case may be Why CBDT delays in notifying forms of Returns : On one hand CBDT takes plea that there is not much change in AY 2015-16 in comparison to AY 2014-15 and therefore deny extension of time as requested by Chartered Accountants. Therefore, the question arises is Why CBDT takes long time and delay in notifying forms. Ther .....

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, TAR and other reports in view of short time available , after announcement of prescribed forms. First of all CBDT has delayed in rejection, then CA s have to move High Courts, and then even High Courts directions have not been implemented in reasonable manner by CBDT. It is learnt that CBDT has extended date only in some areas and rejected in other states. This is not reasonable on part of CBDT. Extension of time is not a big issue- it is revenue neutral also Then why so much hard stand about .....

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rn and not for other matters alike eligibility for making claims or interest payable etc. Similar stand could have been taken by CBDT for this year also. Changes in software , forms utilities for filling forms and uploading them etc.: We find that there have been many changes in forms and software in utilities for filing / uploading of ITR and reports. For example , dates of changes in some forms and utilities , as downloaded from website of IT department are given below which shows that many im .....

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efiling.gov.in/# ITR Validation Rules for AY 2015-16 ITR Release Date Updated on Validation Rules ITR-1 23/06/2015 - ITR-2 29/06/2015 24/09/2015 ITR-2A 29/06/2015 24/09/2015 ITR-3 01/08/2015 24/09/2015 ITR-4 01/08/2015 24/09/2015 ITR-4S 23/06/2015 - ITR-5 19/08/2015 24/09/2015 ITR-6 19/08/2015 24/09/2015 ITR-7 01/08/2015 06/08/2015 https://incometaxindiaefiling.gov.in/# Form Schema Initial Release Date Updated on Change Document Form BB 15/07/2015 05/09/2015 Version 1.1 https://incometaxindiaefi .....

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ata, distortion of data etc. Many times website and utilities of IT department are also very slow. Information of website taxguru.in: Readers may refer to reports, articles, and updates on the following link and other links provided therein for time to time updates: http://taxguru.in/income-tax/tax-audit-date-extension-status-high-courts-appeals.html A summary is given below: 30.09.2015 6.45 PM Bombay High Court Instructed CBDT to extend due date to 31.10.2015 30.09.2015- 5.10- Hearing in Bombay .....

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rder Available for Download. We will upload analysis also soon. Detailed Status of Writ filed in Gujarat High Court 30.09.2015- 12.15 PM Orissa High Court has also followed the Judgments of Gujarat and Punjab & Haryana High Court and instructed CBDT to extend due date to 31.10.2015. 30.09.2015-8 AM- As per news with us CBDT is expected to issue a Press Release /Order today Clarifying their stand on instruction of Hon ble Punjab and Gujarat High Court. Further we have not received any officia .....

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x Return (ITR) filing for cases covered under Tax Audit Provisions, filed in various High Courts All over India. Till Date as per our information Writs been filed in Gujarat, Delhi, Jodhpur, Karnataka, Orrisa, Mumbai, Calcutta, Madras, Andhra Pradesh & Telangana and in Punjab & Haryana High Court. Why keeping tax payers and tax auditors on tenterhook: It is clear that CBDT has kept CA and tax payers on tenterhook till last moment. Should Tax Auditors go on strikes? It seems that in our c .....

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ying service tax and duty is cast upon service receiver. Whereas CA, CWA, CS have to comply with service tax, though there services and position both are more or less similar to Advocates. The difference is Advocates are popular for making protests whereas other professionals have till now, mostly avoided protests. Should these professionals also adopt practices like pen down strikes, non-cooperation, walkout etc. - Reply By brajalal devnath - The Reply = This article is informative one. Practic .....

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