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I-27 Chapter Subject and Authors Page No. No. Vision Statement ...................................................................................... I-3 About the Chamber of Tax Consultants ................................................. I-5 Managing Council 2021-22..................................................................... I-9 Research & Publications Committee 2021-22 I-11 Message by Hon’ble Justice Shri Dhiraj Singh Thakur, Bombay High Court. ............................................................................................ I-13 Message by Hon’ble Justice Shri Abhay Ahuja, Bombay High Court. ...................................................................................................... I-15 Foreword - Dr. K Shivaram, Senior Advocate..................................... I-17 From the Editor’s desk - CA Anish Thacker . ..................................... I-19 From the Editor’s desk - Mr. Rajendra, Advocate [Ex-ITAT Member] I-21 President and Chairman Message I-23 1. Grounds of appeal under Income Tax Law before CIT(A), DRP, ITAT including cross objections (Revised Form 36 and Form 35) - Vasanthi Patel & Rupal Shah Vora, Advocates ............................1 2. Application for raising additional grounds of appeal before Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate ..................................................................43 CONTENTS
3. Application for admission of additional evidence before the Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate ..................................................................51 4. Application under Rule 27 of the Income-tax Appellate Tribunal Rules, 1963 - Shashi Bekal, Advocate ..................................................................59 5. Application for condonation of delay before Income Tax Appellate Tribunal & Commissioner (Appeals)/ National Faceless Appeal Centre - Shashi Bekal, Advocate 63 254(2) of the Income-tax Act, 1961 - Paras S. Savla & Pratik B. Poddar, Advocates ...........................79 and before Principal Commissioner of Income tax - Niyati Mankad, Advocate .............................................................95 - Subhash S. Shetty, Advocate ......................................................119 9. Appeals/Cross objections before the High CourtSection 260A of the Income-tax Act, 1961 - Jeet Kamdar, Advocate ................................................................132 10. Writ Petitions before the High Court - Sukhsagar Syal, Advocate ...........................................................156 11. Writ Petition before Supreme Court - Article 32 of the Constitution of India, 1950 - Bharat L Gandhi, Advocate ........................................................179 12. Special Leave Petition before the Supreme Court - Bharat L Gandhi, Advocate ........................................................216 13. Revision Application u/s 264 of the Income-tax Act, 1961 - Harsh M. Kapadia, Advocate ......................................................243 Chapter Subject and Authors Page No. No. Contents
Page No. No. Contents
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17. Applications during search and survey proceedings - CA Shri Reepal Tralshawala 296 - CA Viraj Mehta 19. Power to reduce or waive penalty, etc., in certain cases - Section 273A of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide ...............324 20. Reduction/waiver of interest under section 220 of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide ...............332 21. Immunity from imposition of penalty, etc. - Section 270AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide ............... 22. Powers of waiver of interest under sections 234A, 234B and 234C of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide ...............342 23. Power of Principal Commissioner or Commissioner to grant immunity from penalty – Section 273AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide ...............350 24. Practice and Procedure - Prosecutions under the Income-tax Act, 1961 - Dr. Sujay N. Kantawala, Advocate............................................353 Chapter Subject and Authors
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15. Dispute Resolution Committee in certain cases –Chapter XIX-AA - Section 245MA of the Income-tax Act, 1961 - Mandar Vaidya, Advocate 276 - CA Srinath Kumar ......................................................................
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14. Applications before Central Board of Direct TaxesSection 119 of the Income-tax Act, 1961 - Deepak Tralshawala, Advocate 261
I-29
I-30 25. Application for compounding of offences under Income-tax Act, 1961 - Rahul Hakani, Advocate ............................................................. 26. Gift Deed - General law & Income-tax Act, 1961 - Ajay R Singh, Advocate High Court ......................................... - D. Manmohan, Advocate, Vice President (Retd.), (ITAT), B. Ramakotaiah, Accountant Member (Retd.), (ITAT), Sashank Dundu, Advocate ..............................................397 Funds - Radhika Parikh & Nandini Pathak, Advocates 431 29. Partition of Hindu Undivided Family (HUF) - N.A. Kapasi, Advocate and Pradip N. Kapasi, Chartered Accountant ......................................................................................461 Table of Case Laws ..............................................................................475 Specimen index .....................................................................................493 Subject index Abbreviations.........................................................................................497........................................................................................501 Chapter Subject and Authors Page No. No. Contents
Rectification applications
79 - Paras S.Savla and Pratik B. Poddar, Advocates
Yet Courts make use of such powers to render and perform their Code, reads as, “Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent Manohar Lal Chopra Rai Bahadur Rao Raja Seth Hiralal upon the Court; it is a power inherent in the Court by virtue of The Madras High Court in the case of the Collector of Madras (Accommodation Controller) C. Logeswara Rao, observed that Every judicial or quasi-judicial body, in the absence of express provision, must be deemed to possess, as inherent in its very Constitution, all such powers as are necessary to do the right and to undo the wrong in the course of the administration
1. Introduction
Quando lex aliquid alicui concedit concedere vidatur id quo res ips aesse non protest (when the law gives anything to anyone, it gives also all those things without which the thing itself would be committed by a judicial or quasi-judicial authority in the discharge of its functions it must necessarily have the power to rectify, that error and to deny that judicial authority this right to undo the under sections 154 and 254(2) of the Income-tax Act, 1961Chapter 6
Practice
However, there are a series of judgments which state that when a power is exercised through the express provision or then Income-tax authority to rectify any mistake apparent from the 2. Process (a (b(c (d at the instance of the Taxpayer and where the authority concerned application is termed as miscellaneous application and should be an assessment or reducing a refund or otherwise increasing the has given notice to the Taxpayer of its intention to do so and has
Practical to Tax
Guide
Income
will apply mutatis mutandis orders passed by the Tribunal on such applications shall also be application shall pass an order in writing giving reasons in sup 3. Period of limitation has been conferred statutorily to condone the delay and admit an To hold the date of the order to be the relevant date for the purpose of calculating the period of six months or four years, order is passed without being served and without the knowledge meaningless as the same would be lost by limitation while the person aggrieved would not even know that an order has been be considered from the date when the order is communicated or Sree Ayyanar Spinning & Weaving Mills Ltd. CIT
Earlier there was a controversy as to whether the principle However, the controversy has been set to rest as far as the Tribu sonable opportunity of being heard is only to be granted in case of enhancement of assessment or reduction of refund or otherwise 5. Powers to rectify the mistake, however, does not cover cases where a revision or or re-appreciation of arguments can be done by the Income-tax
Practical Guide to Income Tax Practice four years and where Tribunal took its own time to dispose of the application, in such circumstances, the Tribunal could yet entertain 4. Opportunity of being heard
a Court or Tribunal cannot review its own decision unless it is of the Tribunal, i.e does not mean only the order of assessment, but it comprises of all proceedings on which the assessment order is based and the Income-tax authority is entitled for the purpose of exercising his The error apparent on the fact of records cannot be said to be the not mean the entire obliteration of the order originally passed and CIT Maruti Insurance Distribution Services Ltd. takes, at the same time, it does not cover any mistake which may be discovered by a complicated process of investigation, argument,
Federal Mogul Goetze (India) Ltd. Asstt. CIT
CIT Reliance Telecom Ltd. may pass an order recalling its earlier order which is an erroneous GVPR Engineers Ltd ACIT held that Tribunal has the power to rectify any mistake apparent from the record only and further it held that the powers under the Tribunal is not required to revisit its earlier order and to go
The Karnataka High Court in the case of Principal CIT Smt. Alpana Bhartia Asstt. CIT Saurashtra Kutch Stock Exchange Ltd.
amendment to the order of the Tribunal can also be made if it is
Practical Guide to Tax Practice of law or undisputed question of fact is not a mistake apparent
Income
The Tribunal was of the view that there is a distinction between erroneous order passed on merits and an order passed on account 6. Conclusion Income-tax authorities are online, however miscellaneous application before the Tribunal is still in non-digital mode or to say physical However, there is no guideline on the time limit within which
Practical Guide to Income Tax Practice SPECIMEN - 1 To, 2.1. 34 3. In the Computation the assessee had not considered the 5.4. transactions and thus treating the capital gains as business income
9.8.7.6. Thanking you, Yours faithfully,
Rs. : 1195 | AUTHOR : The Chamber of Tax Consultants PUBLISHER : TAXMANN DATE OF PUBLICATION : August 2022 EDITION : 3rd Edition ISBN NO : 9789356222809 NO. OF PAGES : 532 BINDING TYPE : PAPERBACK Practical Guide to Income Tax Practice ORDER NOW Description USD : 49
This is a unique publication that deals with the law and specimens of petitions commonly used by tax practitioners in their day-to-day practice. This book attempts to blend the theory and practical aspects of drafting documents. It attempts to explain the nuances of drafting documents and educates the reader on how these are used in real life. The specimens of pleadings are accompanied by a summary of corresponding legal provisions, giving a professional the 'how' and the 'why' of a legal proceeding. A unique feature of this book is the do's & don'ts while preparing petitions. This book will be helpful for tax practitioners, advocates & taxpayers to help them bring clarity in their pleadings and understand the procedural & practical aspects of Tax Laws. The Present Publication is the 3rd Edition, edited by Dr. K. Shivaram, Mr. Rajendra & CA Anish Thacker. The book is divided into 29 chapters, authored by 28 eminent authors, who are senior professionals & retired members of ITAT.
