Assessee can ask the reason for delay in Income Tax Return under RTI : CIC
Mar 16, 2010 RTI
In a landmark ruling, the Central Information Commissioner has passed an order which says information on refunds is covered under the Right To Information (RTI) Act. L Lakshmi Narayanan, an assessee, had filed an RTI petition with the (I-T ) department in Chennai, asking for information as to why was there a delay in the payment of his IT refunds for 2003-04, 2005-06, 2006-07 and 2008-09, amounting to Rs 3,32,457.
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Tags: direct taxes, how to get income tax refund, Income tax department, Income Tax Refund, RTI, rti act, RTI and Income Tax Refund, tax administration, trade secrets
On revision of tax treaty Switzerland will exchange details of bank accounts with India
Dec 9, 2009 Income Tax
Switzerland has said exchanging details of bank accounts with India would be possible once the tax treaty, aimed at tracking black money, between the two nations is revised. “India and Switzerland are in renegotiations to adapt the existing double taxation treaty. Once this revised double taxation treaty comes into force, it will be possible to exchange account details,” Swiss Federal Tax Administration spokesman Beat Furrer told PTI in an email reply.
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Tags: bank accounts, black money, double taxation avoidance, double taxation treaty, federal tax, oecd, switzerland, tax administration, tax administrations, tax matters, Tax Treaty
Privatisation of tax administration
Nov 20, 2009 Government Policy
In the present scenario, tax is a burden imposed by law. Since our present state rest on the Principles of Rule of Law, the tax administration does not remain a mere revenue collection exercise, it take the shape of administration of a branch of law. Thus the ideal taxation is execution of a well defined law with defined burden, legal-procedural-financial, on the subjects. When such law is administered by an inefficient and corrupt institution, it does not result in merely less collection of revenue but erosion of subject’s faith in the existence of Rule of Law.
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Tags: bureaucracy, business confidence, businessmen, constitution of india, corrupt institution, economic interest, efficient administration, Excise Duty, independent proof, institutional factors, personal liberty, private collection, private parties, private persons, private sector participation, tax administration, taxation law
Assessee’s rights against delay
Nov 17, 2009 Excise Duty
A tax assessee has to deal with the problem of delay almost every time it interacts with the tax authorities. This delay is sometimes due to the system of tax administration, which imposes unnecessary and unreasonable restrictions in the name of checking evasion of taxes. Sometime it is arbitrary whim of the tax administrator, employed to harass an assessee.
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Tags: business process, central excise and service tax, competitive world, departmental officers, escalation, excise and service tax, inordinate delays, judgments, remedial measures, superior courts, tax administration, tax administrator, tax authorities, taxation department, unreasonable restrictions
Registration database of Service Tax assesses – Information required for updating under ACES
Nov 5, 2009 Service Tax
Trade Facility No. 7/2009-10
Dated 1-10-2009
The new centralized web based software application of CBEC under the name Automation of Centralized Excise and Service Tax (ACES) is likely to be introduced shortly. The details of the same can be accessed at http:// www.aces.gov.in. It is designed to provide you an electronic interface with the department and aims at reducing paper work, visit to the departmental offices and improving transparency, accountability and efficiency in indirect tax administration in India.
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Tags: aces, CBEC, central excise, centralized web, chambers of commerce, departmental offices, excise and service tax, fax number, half year, postal address, proper registration, registration database, software application, tax administration, telephone fax, trade associations, web based software
Government merged the Authority for Advance Rulings (AAR) for direct and indirect taxes
Jul 8, 2009 Income Tax
The government has merged the Authority for Advance Rulings (AAR) for direct and indirect taxes, the two arms of Finance Ministry, where overseas firms and Non-Resident Indians can know their tax liabilities.
“To further enhance efficiency in tax administration, I intend to merge the two Authorities for Advance Rulings on Direct and Indirect Taxes by amending the relevant Acts,” Finance Minister Pranab Mukherjee said unveiling the budget for 2008-09.
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Tags: AAR, advance rulings, authorities, Budget, direct and indirect taxes, direct taxes, income tax act, income tax act 1961, relevant acts, tax administration
Authentication of documents/notices/letters issued by Income Tax Authorities
Apr 11, 2009 Income Tax
The demand on the tax administration has been growing on account of increase in the volume of work. The widening and deepening of the tax base has resulted in substantial increase in the number of taxpayers. To cope with the sheer volume of work and render timely service to the taxpayer, the Department has been increasingly using information technology in its major processes and procedures. A case in point is the scheme of ‘e-filing of the returns’. There are also other important project like ‘refund banker’, e-payment of taxes, etc. These schemes are expected to enhance the level of taxpayers’ service, which in turn is expected to result in increased voluntary compliance.
Centralized processing of returns and centralized issuance of notices using information technology is critical to quality taxpayers’ service. In order to successfully implement these schemes, it is necessary to dispense with the signature of the officer and to use a common seal. The introduction of such common seal in respect of issue of notices, intimations, etc., would be significant step in minimizing taxpayers interface with the Department. Further, it will considerably reduce the discretion of the individual officers and will result in better accountability and compliance.
Therefore, a new section 282A in the Income-tax Act has been inserted to provide that where any notice or other document is required to be issued, served or given, it shall be deemed to have been authenticated if the name and office of a designated income tax authority is printed, stamped or otherwise written thereon. It has also been provided that for the purpose of this section, a designated income tax authority shall mean any income tax authority authorized by the Board for this purpose.
Applicability: This amendment has been made applicable with effect from the 1st June, 2008.
Tags: amendments, common seal, income tax act, income tax authorities, tax administration
Income Tax Refund and Right to Information Act (RTI)
Nov 16, 2008 Income Tax, RTI
If there is one area in the income-tax administration which has remained perennially incurable, it is the Refunds, we shows you an easy way to solve the problem. In a Press Release dated April 19, 2007, the Central Board of Direct Taxes stated: “It has been reported in some sections of the media that a large number of taxpayers are awaiting refunds from the income-tax department for up to three years. These reports are factually incorrect and based on incomplete appraisal of facts”. As per the statement made by Minister of State for Finance, there have been instructions to issue refunds within four months from the date of receipt of return and dispatched within 30 days from the date of signing the refund order. I am sure most readers would doubt the correctness of the above Press Release and Statement. You may not have received refunds for one or more earlier years despite many reminders, personal visits, and grievance-cell applications. It is a helpless and hopeless situation.
YOU HAVE THE POWER
The Right to Information (RTI) Act came into effect from October 12, 2005. The Act helps many citizens to obtain information, which earlier was a not available, from various Govt Departments and other organisation like PSUs, Indian Railways, Reserve Bank of India and so on. Information can be accessed by making an application under the RTI Act. It is very simple, least time-consuming, and most inexpensive. A few organisations (22 in all) like CBI, RAW are basically exempted. Further, certain information are exempted for all organizations covered under the RTI Act referred to as “Public Authority”. Such exempt items include information on commercial confidence, trade secrets or intellectual property, information which would impede the process of investigation or apprehension or prosecution of offenders, personal information, the disclosure of which has no relationship to any public activity or interest or which would cause unwarranted invasion of the privacy of the individual etc.
Tags: direct taxes, how to get income tax refund, Income tax department, RTI & Income Tax Refund, rti act, tax administration, trade secrets