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Direct Taxes
Statutes, Circulars
and Notifications
| Rajan Vora, |
Rajesh Kothari, |
| Chartered Accountant |
Chartered Accountant |
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Tax-payers are advised not to use Old Return
Forms
CBDT has advised all tax-payers to wait for the
notification of the new return forms for the assessment year 2007-08 and not
to file their returns of income in the old forms.
[PIB Press release dated 30th March, 2007 (209
CTR (St.) 8)]
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Monitoring of scrutiny assessments by Range
Heads
In the Instruction No. 2/2006, dated 27th April,
2006 it was stated that the monitoring of cases under scrutiny by the Range
Heads shall be done in accordance with the provisions of section 144A of the
Income-tax Act.
Instances have been brought to the notice of the Board where, the Assessing
Officers have taken a stand that the Range Heads could not and should not call
for records of cases except for the purpose of issue of instructions under
section 144A of the Income-tax Act.
It is hereby clarified that these instructions
do not in any way restrict the inherent powers of the Range Heads to
administratively supervise the work of their subordinate officers by looking
into the records.
[Instruction No. 1 of 2007, dated 16th March, 2007 (208 CTR (St.) 297)]
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Income-tax (Third Amendment) Rules, 2007
In the Income-tax Rules, 1962, in Appendix II,
Form No. 16, Form No. 16A and Form No. 27D are substituted,
[Notification No. 83 of 2007, dated 26th March,
2007 (208 CTR (St.) 306) (159 Taxman (St.) 309) (290 ITR (St.) 10)]
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Grant of interest on refunds – Section 244A
Under section 244A of the Income-tax Act,
1961, interest is to be granted simultaneously with the refund and there
should normally be no reason to grant refund without adding the entitled
interest. In the case of Sandvik Asia Ltd. vs. CIT (280 ITR 643 (SC)) the
Hon’ble Supreme Court, adversely commented upon the delay in grant of interest
on refund and awarded compensation to the assessee for the said delay by the
Department. While taking this view, the Supreme Court referred to the judgment
of D. J. Works vs. Dy. CIT (195 ITR 227 (Guj.)) wherein the High Court had
held that though there is no specific provision for payment of interest on
interest, but if interest on the refund is wrongfully retained, interest on
interest would be payable. The Court further held that even assuming that
there was no provision in the Act for payment of compensation, on general
principles, compensation was payable to the assessee for the delayed payment
of interest. The Court also recommended that action be initiated against the
officers responsible for the delay.
It is necessary to remind all Assessing Officers
that while granting refund to the assessee, care should be taken to ensure
that any interest payable under section 244A on the amount of refund due
should be granted simultaneously with the grant of refund and there should, in
no case, be any omission or delay in the grant of such interest. Failure to do
so will be viewed adversely.
[Instruction No. 2 of 2007 dated 28th March,
2007 (209 CTR (St.) 17), (160 Taxman (St.) 21)]
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National Tax Tribunal (Amendment) Bill, 2007
National Tax Tribunal (Amendment) Bill, 2007 is
published.
[(159 Taxman (St.) 284) (290 ITR (St.) 72)]
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