Taking action over Supreme Court's recent concern over delays in
filing appeals by the Income Tax department, the Central Board of Direct
Taxes (CBDT) has fixed a 21-day mandatory deadline for preparing a
response in such cases by the taxman.
CBDT, through its
Directorate of Legal and Research, has said any delay in filing of
appeals in the High Courts or Special Leave Petitions (SLPs) in the apex
court may attract "administrative action". The proposals for filing SLP
are still received after considerable delay.
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The
proposal must reach the Directorate (of I-T Legal), complete in all
respect, within 21 days of the date of judgement of the High Court. The
Commissioners of I-T are requested to monitor this aspect of the work
closely. They must explain the delay, date-wise in tabular form giving
names of officers, where the proposal is being filed after the aforesaid
period. "Excuses like heavy workload or officers on leave among others
are not acceptable," an official communique from the legal department of
the I-T said.
The communication has been sent to all field
formations of the I-T engaged in tax assessment and collection.(HIKE IN
POWER RATE THIS YEAR)
Delay in filing appeal in the High Court
and in the submission of SLP proposal may attract administrative
action," the order drafted on the directions of the CBDT, the apex body
of I-T department, said.
The communication has been sent to all field formations of the I-T engaged in tax assessment and collection.
The
latest order, aimed to streamline such cases where huge tax revenue is
stuck in various stages of litigation, mandates that timelines be
"strictly adhered" to.
The Supreme Court had recently pulled up
the I-T for inordinate delays in filing appeals. Minister of State for
Finance S S Palanimanickam had told Parliament recently that on the
Direct Taxes side, 5,860 cases involving tax demand worth Rs 2,707 crore
were pending in Supreme Court while 29,650 other cases with tax demand
of Rs 36,340 crore were stuck in High Courts.