WISHING ALL A VERY HAPPY GANESH CHATURTHI
Season of festivals are here with arrival of Ganpati Bappa. May lord Ganesha keeps you and your family and dear ones in Good Health, Prosperity and Happiness.
The CBDT in its very recent Press Release dated 5.9.2023, has informed that as of now more than 6 crore ITRs of AY 2023-24 have been processed resulting in processing of over 88% of the verified ITRs. The Press Release also mentions that more than 2.45 crore refunds for AY 2023-24 have already been issued. The Press Release further stated that in line with the Department’s efforts to provide seamless and expeditious taxpayer services, average processing time of ITRs (after verification) has been reduced to 10 days for returns filed for AY 2023-24 compared to 82 days for AY 2019-20 and 16 days for AY 2022- 23. The efforts are commendable.
However, adjustment made in intimation u/s. 143(1), non-passing of order giving effect to appellate authorities, non-processing of rectification application, refund adjustment without intimation etc are few areas which needs improvement and CBDT needs to act on the same.
Similarly matters held up at first appeal level is a matter of serious concerns. Matters where all pleading are completed are not taken up for years together, however repeated notices are issued to file submission and papers, which only show non application of mind and causal approach. Pendency of matters at First Appellate authority since last 3 years needs immediate attention of authorities.
These matter can be effectively disposed if department can segregate the matters; Few suggestions :
- All old appeal should be given priority. And should be red flagged. It is in interest of department that such matters should be disposed at earliest.
- Senior citizen matters should also have priority of hearing.
- All matters wherever additional evidence or additional grounds are filed the same may be referred to JAO for remand report
- Where ever all pleadings are completed provide hearing opportunity and conclude the hearing. Otherwise automatic stay of demand should be granted
- Appeals having single grounds of appeal/ issue, may be assigned for hearing.
- Appeal involving low tax effect, appeals against rectification order, intimation etc may be taken up.
- Penalty appeals can be fixed only after disposable of quantum appeal. Preferably department can get matters lined up in such manner.
- Matters involving important questions of law or having larger public interest can be dealt separately providing sufficient time to professional to place various facets of contentions by providing sufficient effective hearing.
This month journal consists of very interesting articles on audit and expert views on various other topics, hope readers shall enjoy reading the same. I also request our esteem readers to provide feedback and suggestions if any.
Ajay R. Singh