Description
Taxmann Publications Law Relating To Income-Tax Settlement Commission by G C Das and Jayant G Pendse
Legal structure in tax proceedings does not follow open Court procedure, where the judge is neutral. In this system, the Assessing Officer is the investigator and adjudicator, which impels him to lean towards his own judgement.
The institution of Settlement Commission has been created with the avowed purpose of balanced resolution of tax disputes in a time bound manner.
This book deals with all legal and procedural aspects relating to resolution of tax disputes in a very lucid manner. It will enable the tax professionals to handle the settlement cases with ease and confidence. The key highlights of the book are as follows:
· [FAQs] have been provided on complex issues
· [Practical Problems] It covers all conceivable questions on law and practical problems faced by taxpayers post search and survey operations
· [Tabular Presentation] of answers, for easy comprehension
· [Case Studies] on common issues are provided, which serves as a practical guide.
This book covers all amendments up to 01-12-2020 and all important decisions rendered by Courts. This book incorporates the following:
· Settlement Commission – Concepts, Features and Functions – An Overview
· Constitution, Framework and Functioning of the Settlement Commission [Section 245BA, 245BB, 245BC, and 245BD]
· Definition of ‘Case’ [Section 245A(b)]
· Application for Settlement of Case [Section 245C]
· Full and True Disclosure [Section 245C]
· Manner in which Income is Derived [Section 245C]
· Additional Tax, ‘Specified Persons’, and ‘Related Person’ [First Proviso to Section 245C(1)]
· Levy of Interest [Section 234A, 234B, 234C read with Section 245C(1)]
· Various stages of Disposal of Applications, Powers of Settlement Commission and other Related Issues – At a Glance [Section 245D(1), 245D(2), 245D(3), 245D(4)]
· Powers of Settlement Commission [Sections 245D, 245D(4A), 245E and 245D(6B)]
· Powers of the Settlement Commission to order provisional attachment to protect the interest of revenue [Section 245DD]
· Inspection etc. of Report [Section 245G]
· Immunity from Penalty and Prosecution[Section 245H]
· Abatement of Settlement Proceedings [Section 245HA and 245HAA]
· Conclusiveness of an order of Settlement Commission [Section245-I]
· Bare on subsequent application for settlement [Section 245K]
· Admission and retraction of statement under Section 131/132(4) and 133A(3)(iii) – Its impact on orders of Settlement Commission
· Application of Section 115BBE in Settlement Proceedings
· Key concepts in Law, Judicial Precedents and Application of these Principles in a Settlement Proceeding under Chapter XIX-A
· Case Study
About the author
G.C Das
G.C. Das, a Graduate from Rvenshaw College, Cuttak was the topper of his batch in M.A. (Public Admin) of Utkal University. He served the Income Tax Depart in senior positions, mostly handling complex investigation cases in the Investigation Wing. He also served as a Member of A.P. Sales Tax Tribunal for two years. After retirement from the Income Tax Department, he is practicing income-tax law as an Advocate. His books 'Evidence in Income Tax' published in 2015 and the book on 'Law relating to Assessment and Search Cases' (co-authored) have received critical acclaim. He lives in Hyderabad.
Jayant G. Pendse
Jayant G. Pendse is an advocate and also functions as an Arbitrator. He practices as advocate in Income Tax Appellate Tribunal and Income Tax Settlement Commission. He was former officer of Indian Revenue Services and was member of Central Board of Direct Tax before joining Income Tax Settlement Commission where he retired as the Chairman of Income Tax Settlement Commission. He also has a long and wise experience of setting up offshore oil field installation and technology while working in Oil and Natural Gas Commission in consequence of studying the subject of Exploration Geophysics in Indian Institute of Technology. He has also had the honour of working as member of Income Tax Appellate Tribunal.