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Tuesday, 8 April 2014

Discuss the legal provisions regarding the filling of appeal to appellate commissioner or How he disposes of the appeal


Appeals To Commissioner Of Income Tax :-
If assessee is not satisfied, he may submit an appeal against the commissioner of income tax (appeals). On the other hand if income tax department is not satisfied with the orders or the income tax officer then appeal can not be made. Following are the important features of such appeal.

  1. Right Of Taxpayer :-
Right of appeals is given only to the taxpayer and not to the tax department against the order of the commissioner.

  1. Use Of Prescribed :-
Appeal is filed on a prescribed form which is properly verified. In this appeal taxpayer explains the grounds on which appeal is made.

  1. Payment Of Tax :-
Before filling the appeal a taxpayer is required to pay the full amount due tax on the other hand if tax is disputed then its 15% will be paid before filling the appeal.

  1. Period :-
Within thirty days of the receipt of appeal able orders appeal may be filed. However the date may be extended by the commissioner income tax (appeal).

  1. Fixation Of Date :-
Date for hearing the appeal will be fixed by the commissioner income tax (appeal).
He will also inform the income tax commissioner and appellant.

  1. Demand Any Particulars :-
The commissioner income tax (appeal) may demand the particulars, he may also ask the income tax penal to make further inquiry.

  1. Disposal Of Assessment Orders :-
In case of assessment order the commissioner income tax (appeal) may dispose of the appeal in the following way :
i). He may cancel the assessment and may ask the income tax officer for the fresh assessment.
ii). He may increase the assessment.
iii). He may declare the assessment correct.
iv). He may reduce or annual the assessment.

  1. Case Of Penalty Orders :-
The commissioner income tax (appeal) may confirm, cancel, increase or reduce the penalty orders.

  1. According To His Own Wish :-
The commissioner income tax may pass such orders as he thinks fit in any other case.

  1. Decision Period :-
The decision of the appeal should be made within 3 months of the presentation of the appeal.

  1. Communication Of Orders :-
The commissioner income tax (appeal) should communication the order passed by him to the appellant, I.T.O. and the commissioner income tax (Head Quarters) on the decision of appeal.

  1. Hearing Opportunity :-
The commissioner appeals gives the chances of hearing to both the parties. Both can explain their views. It is very useful for making the correct decision.

  1. Decision Of Appeal :-
The decision of the appeal will be given by the commissioner income tax (Appeal).
He may
i)                    Reject the appeal.
ii)                   Increase the assessment.
iii)                 Decrease assessment.
iv)                 Decrease penalty.
v)                  Increase the penalty.

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Write a note on income tax appellate tribunal


Appellate Tribunal :-
This tribunal is appointed by the federal govt. If taxpayer or commissioner is not satisfied with decision of the commissioner appeals then they can appeal to the above tribunal.
The details are given in income tax ordinance.

  1. Judicial Members :-
Judicial member is appointed by the federal govt. Who fulfills the following conditions.
i). He has already worked as district judge and his qualified to be a judge of High Court.
ii). He is or has been an advocate of high court and is qualified to be a judge of High Court.

  1. Accountant Members :-
These are also appointed by the federal govt. They should possess the following qualification.
i). He may be the income tax officer equal to the rank of regional commissioner.
ii). He may be income tax commissioner who has at least two years experience of appellate work.
iii). A person who has practiced as a charted accountant at least 10 years or above.

  1. Chairman :-
Federal Govt. generally appoints the judicial member as a chairman but accountant member is also eligible.

  1. Registrar :-
Registrar looks after the working of the offices of the tribunal. He works under the chairman. He receives the appeals and fixes the dates.


FUNCTIONS OF THE TRIBUNAL :-
To perform the functions the chairman may divides the tribunal in to bunches. A bunch normally consists of two members. One from each side. The federal may allow any one member to hear and decide any case.
Majority decisions are accepted in case of any difference on any point. In the disputed cases chairman appoints one or more members of the tribunal to hear the case.

FINAL DECISION :-

On the point of facts the decision of tribunal is considered final. On the other hand if the decision of the tribunal involves a point of law the case can be referred to the high court.

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Monday, 7 April 2014

Discuss the powers and functions of deputy commissioner or assistant commissioner


Deputy Commissioner Income Tax :-
In the income tax department deputy commissioner income tax is very important person. He makes various decisions regarding the assessment and tax collection. He has a direct link with the assessee. He is also responsible for the administration of income tax machinery in his circle. He has been the powers executive and judicial.

APPOINTMENT :-
The central board of revenue appoints the deputy commissioner income tax. However his powers and functions may be revised by the commissioner income tax with the approval of central boards of revenue.

POWERS AND FUNCTIONS :-
Following are the important functions and powers of deputy commissioner :

  1. Issues Notices :-
For the collection of tax from assesses deputy commissioner income tax issues the notices. He also issues the notices regarding filling of various returns.

  1. Profit Computing Power :-
The deputy commissioner income tax may compute the profits of the assessee according to his own method, if he is not satisfied with the computing method of the assessee. In some particular cases he is also empowered to make an additional assessment.

  1. Case Of Self Assessment Scheme :-
Under the self assessment scheme if any assessee has filed the return of income. It can be adjusted by the deputy commissioner income tax to frame the assessment.

  1. Power Of Penalty :-
Deputy commissioner income tax has the power to impose penalty with the prior approval of inspecting assistant commissioner in the following cases.

i.                     If any taxpayer fails to obey the notice issued by him.
ii.                   If any taxpayer is obstructing the income tax authorities.


  1. Cancellation Power :-
If the necessary requirements are not filled by the registered firm then its registration can be cancelled by the deputy commissioner income tax. He may allow or refuses the registration of the firm.

  1. Rectify Mistakes :-
Deputy Commissioner income tax has the power to remove the mistake of assessment order passed by his predecessor or by him.

  1. Provisional Assessment Power :-
If taxpayer fails to file the his income then deputy commissioner income tax is empowered to make a provisional assessment in this case.

  1. Tax Refund Claims :-
The deputy commissioner income tax receives the application claiming the refund of tax and also makes decisions about them.

  1. Data Extension Power :-
In genuine cases deputy commissioner income tax has the power to extend the date for filling the return of income. He can also admit the applications for refund of tax after the expiry of the due date.

  1. Powers Of A Judge :-
The deputy commissioner income tax may enforce the attendance of any person to produce the documents about the accounts. He also exercise the powers of a judge and accepts the evidence on affidavit.

  1. Finding Out The Real Market Value :-
The deputy commissioner income tax has the power to find the real market value of the assets which are sold by the assessee. If he feels that market value in higher then sale price he can find out the real market value.

  1. Controller Of Staff :-
The deputy commissioner income tax controls his subordinate staff and provides them instructions.

  1. Checking Of Business :-
The deputy commissioner income tax has the power to entire in to any business enterprise to check the business and books of accounts.

  1. Discretionary Powers :-
Various discretionary powers are powers are given to the deputy commissioner income tax almost in all the matters relating to assessee.

  1. Penalty For Not Filling Return :-
If any person fails to provide the return with in the prescribed time with out a genuine reason, the deputy commissioner is empowered to impose penalty on him with the prior approval.

  1. Power Of Holding Refund :-
The deputy commissioner income tax can with hold a refund resulting from an appeal able order where such order is under further appeal, with the approval of the deputy commissioner income tax.

  1. Penalty For Concealing Income :-
If any person conceals or provides wrong particulars of income, the deputy commissioner income tax may impose penalty on him.

  1. Wealth Statement :-
Deputy commissioner income tax may ask the taxpayer to submit the details of his wealth.

  1. Retains Documents :-
Deputy commissioner income tax can retain the documents of the taxpayer for the purpose of prosecution.

  1. Penalty For Non Maintenance of Books :-
If taxpayer fails to maintain all the necessary books of accounts then deputy commissioner income tax  is empowered to impose penalty on him.empowered to impose penalty on him.

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Tuesday, 1 April 2014

Discuss the jurisdiction, powers and function of income tax commissioner


Commissioner Of Income Tax :-
He is an important income tax authority which has executive and judicial powers. The central board of revenue is the appointing authority for commissioner of income tax. Normally commissioner is appointed as an incharge of a zone. He is responsible for the administration of the area assigned to him. He is subordinate regional commissioner income tax.

JURISDICTION :-
  1. In a specific area which is assigned to him, he performs both the function judicial and executive.
  2. If specific area is not assigned then he performs his duties according the directions of central board of revenue.


FUNCTION AND POWERS OF COMMISSIONER OF INCOME TAX :-
The commissioner exercises the power to control the staff of income tax department working in his jurisdiction. He is also responsible for the efficiency of work in all respect in his zone.

Following are the important functions and powers of commissioner of income tax.

  1. Determine The Jurisdiction :-
He has the power to determine the jurisdiction and assign the work to subordinate inspecting additional commissioners income tax and deputy commissioners.

  1. Final Authority To Decide The Dispute :-
Commissioner income tax is the final authority to decide the disputes if two subordinate income tax authorities are not in agreement regarding their areas of juries diction or the assessment of a person.

  1. Transfer Of Jurisdiction :-
He is empowered to transfer the jurisdiction from one income tax authority to another.

  1. Revision Of Orders :-
He may revise any other passed by his subordinates however these orders should not be prejudicial to the assessee.

  1. Power To With Held The Refund :-
The commissioner of income tax is empowered to order that the refund must be with held if the department wants to appeal against the refund.

  1. Refer The Case To High Court :-
If he is not satisfied with the decision of appalled tribunal, he can request the tribunal to refer the case to high court provided that the decision involves the point of law.

  1. Power To Compound Offence :-
He may either before or after the institution of proceedings compound such offence where a person has committed any offence under the income tax law.

  1. Order To Person For Payment :-
He may order a person who has committed an offence to pay the amount for which the offence may not compound.

  1. Power To Disqualify The Practitioners :-
If he finds any practitioners qualify of misconduct, he may disqualify an income tax practitioner to appear before any income tax authority.

  1. Power To Amend His Orders :-
To rectify any mistake from the record the commissioner income tax may amend his orders passed by him.

  1. Power To Receive Evidence :-
The commissioner has the power to receive the evidence on affidavit.  For the examination of witness he can issue the orders to commissioners.

  1. Power To Demand Documents :-
He can compel any person to produce his books of accounts or any other documents for investigation. He can also enforce any person to attend his office and he can examine him.

  1. Power To Extend The Petition Period :-
He can extend the normal period for filling a revision petition, If he is satisfied about the cause of delay.

  1. Power To Decide The Revision Petitions :-
Against the decision of his subordinates he entertains, hears and decides the revision petitions of aggrieved assesses.

  1. May Direct For Appeal :-
The commissioner of income tax (Head quarter) may direct the deputy commissioner to appeal to appellate tribunal against the decision made by the commissioner income tax (appeal).

  1. Penalty :-
If the notice has been issued to any taxpayer but he has failed to obey the notice. In this case commissioner income tax may impose penalty on that person.

  1. Best Judgement Assessment :-
If any person fails to file the return of income tax with in due date then the commissioner can make the best judgement of assessment.

  1. Power Of Recovery Of Tax :-
The commissioner income tax can take various steps to recover the amount if any person fails to pay the due tax.

  1. Inventory Of Articles :-
If any article is not entered and it is found in the premises the commissioner can make inventory of that article.

  1. Provisional Assessment :-
The commissioner income tax has the power to make the provisional assessment if any person fails to file the return.

  1. Notice For Tax :-
The commissioner income tax can issue the notice to any person for filling the return or for the collection of tax from the tax payer.

  1. Retain The Documents :-
The commissioner income tax is empowered to retain the important documents of the taxpayers for the purpose of prosecutions.

  1. Change The Method Of Accounting :-
If any person wants to change his method of accounting, the commissioner income tax may allow him to change.

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