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    25 views19 pages

    Income Tax Theory PDF

    Uploaded by

    Muhammad Faizan

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    8 req pmmissioner Inland _ oe [Section 127-129] An appeal may be filed by a person against the appealable orders (as nentioned above) of Commissioner Inland Revenue or a taxation officer with ‘Commissioner Inland Revenue (Appeals). If the income tax department is satisfied with the orders of Commissioner Inland Revenue, an appeal not be made. The main features of the appeal before Commissioner Inland eyenue (Appeals) are as follows: Time Period of Appeal K The Board may prescribe mechanism for electronic filing of the appeal. 2) Prescribed Amount of Fee (a) Incase of appeal against assessment the prescribed fee shall be Rs. 5000 in case of company and Rs. 2500 in cases other than a company. 3 (6) If the appeal is regarding another issue fee of five thousand rupees in case of companies and one thousand rupees in case of others shall be paid. 7 3) Pay Admitted Amount of Tax Before making an appeal the person must pay the amount of tax liability admitted by him in his return of income. mechanism for electronic filing of the The Board may prescribe appeal. mg (@__ Incase of an order of ‘assessment: 1, declare the assessment as correct, and confirm it; ae 2, reduce the assessment; 4 anit ir 3. increase the assessment; ee 4, — annul the assessment. , : (b) In case of an order imposing penalty, confirm, set aside or cancel such orders. (c) Can increase or decrease the refund amount. (@_Inany other case, pass such orders as he thinks fit. 6) Time Period for Making the Decision The Commissioner (Appeal) shall decide an appeal within a period of four months from the end of the month in while appeal in filed. 7) Communication of Decision On the decision of an appeal, the Commissioner Inland Revenue (Appeals) should specify in the order the amount of tax and communicate the orders passed by him to the taxpayer and the Commissioner as soon as practicable. 8) Stay for Recovery of Tax ic In a particular case if the Commissioner (Appeals) is of th recovery of tax shall cause undue hardship to the taxpayer, he recovery of such tax for maximum of one month. ¢ opinion that may stay the ; I by the person ae ie ‘ . at days from the date on which a Ba aant spol be filed within Res: eps the Commissioner inland Re ee Tribunal is empowered to extend this period. ue. The Appellate we escribed Form : The appeal should be filed 1 i 4 documents required should be one eee oa Prescribed Amount of Fee The prescribed fee shall be Rs, 5000 in ca: 2500 in cases other than a company, OmPAnY and’Rs. No Fee Pay by the Department f No fee is payable, if the ay Commissioner Inland Revenue. Opportunity of Hearing The Appellate Tribunal gives both parties to the appeal an Opportunity of being heard, either in person. or through ‘an authorized representative. ppeal is being. made by the | §) Decision on the basis of available record In case any of the parties (taxpayer or Commissioner Inland Revenue) does not appear before the Tribunal, the Appellate Tribunal may proceed ex parte to decide the appeal on the basis of available record. 7) Time period for Decision a rr It is necessary that decision of all appeals filed on or after July 1, 2005, should be disposed of within six months, This amendment has been made in the law through Finance Act, 2005, and shall be applicable to appeals filed by the taxpayers as well as by the Department. es? é 364 INCOME TAX 8) Decision of the Appeal Pa Lari . ‘The Appellate Tribunal in disposing of an appeal may. (a) reduce or annul the assessment. (b) _ increase the assessment. ©) ; reject the appeal. (a) cancel or change the order and issue directions, (e) _ increase or reduce the penalty. (f) return the case to Commissioner Inland Revenue Commissioner Inland Revenue (Appeals) for making g or enquiry or taking such action as:the Tribunal may direg, _ 9) Stay for Recovery of Tax If on filing an application in a particular case, the Appellate Tribunal is of the opinion that the recovery of tax levied

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