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
 Govt kicks off direct tax code revision
 ITR 2024 25 Check tax department s update on TDS and refunds
 Income Tax: Why did some taxpayers receive notice for discrepancy in house rent receipt? IT Dept explains
 Income tax exemption: 4 financial instruments you can still invest into before March 31
 CBDT drops small tax demands but not TCS, TDS claims
 ITR Refund: Awaiting money from Income Tax? Here's why you have not yet received your amount
 Income Tax Notice: What to do if you receive a Section 143 (1) notice from taxman?
 Average tax return processing time cut to 10 days: CBDT
 7 types of Income Tax Notice ITR filers may receive for AY 2023-24
 ITR filing: Do these advance preparations before filing your income tax return
 What are the strategies to maximize tax refunds after submitting an income tax return (ITR)?

Income Tax Act needs to be relegislated, says ITAT president
January, 23rd 2016

The Income Tax Appellate Tribunal (ITAT) president Justice Dev Darshan Sud (Retd) and Union Law Secretary Prem Kumar Malhotra, whose ministry is the administrative ministry for the ITAT, said usage of modern technology, like including e-courts, is facilitating speedier disposal of cases. Sud also favoured junking the outdated Income Tax Act and bringing in a new law in its place, one that is in sync with the times. Edited excerpts:
On some things that the government could do to make the tax regime more transparent:

Justice Sud: The Centre could provide more independence to tax accessing officers and commissioners and protect them from the fear of prosecution. Even if they take a bonafide decision that is not favourable to the revenue department, any sort of inquiry should not be opened up against them. Above all, a clear Income Tax Act is needed…even if you have to repeal this Act and enact a new one, do it.
Malhotra: Why just the IT Act? The government is committed to make everything more transparent, end discretion.

Does the Income Tax Act need to be revisited?

Justice Sud: It is a very complicated law and there are too many clauses that are unclear. The department has its own complications and targets to meet. The problem requires some thinking on the part of the finance ministry. So far as the IT Act is concerned, it is what we can call crazy-quilt legislation — too much patchwork. It has been changed too many times. The time has come to legislate a new law. It will bring down litigation, increase certainty, usher in more investment.

Malhotra: Tax reform is an ongoing process and the Centre is very keen to do as much as possible. As for bringing in a new income tax law, our current law is more about exemptions and rebates and this is an area that needs to looked into. A committee is already looking into it. Once the final report comes in, we will move swiftly.

On dealing with pendency (while the ITAT had at one point of time over 3 lakh cases, the number has come down to about 95,000 now):

Justice Sud: You need clear, specific legislation, which categorically defines what is taxable and what is exempted. We also need clarity on the I-T Act, there is so much confusion, ambiguity. If you ask me, the entire Income Tax Act needs to be scrapped and a new law needs to be legislated in its place.

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