Income Tax Litigation

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Introduction to Income Tax Litigation

Tax litigation under the Indian judicial system takes up most of the trial period. Judicial and trustworthy appeals authorities, acting as truth-finding organizations under the Income Tax Act 1961, Central Excise Act 1944, Customs Act 1962, and Good & Service Tax Law. The key principles in the Good & Service Tax Law are:

Central Goods and Services Act 2017.

Union Territory Goods and Services Act 2017.

Integrated Goods and Services 2017.

To deal with cases, questionable notices of assessment are not only tedious but are sometimes extended. This also leads taxpayers to face the difficulty of managing such situations; it is therefore very important to consult a professional to efficiently and successfully deal with the case.

At Paravue, we have a team of experienced professionals who deal with tax law and litigation. Such professionals who are reviewed by tax laws will not only assess each part of your tax disputes but also ensure that accurate fact and correct interpretations of the rules are taken into account in the notice.

Areas of tax litigation

Tax Claims usually appear in-

Individual/partnership matters

Charities and Non-profits

Cross-border transactions on permanent establishment and writing

Tax evasion issues

Business Reorganization

Tax Debt Related to Royalty Income

Valuation under the Customs Act, 1962

Prices of Transaction issues such as intangible marketing, transaction management costs, capture service compensation, interest payments, transfer methods, and comparisons.

Tax Assessment

The process by which a taxpayer shows his income to determine the amount of tax due on that income is called a Tax Assessment.

Penalties

The beginning of the prosecution process. Occurrence of public tax disputes related to decisions of the Audit and Transfer Officers.

Highlights of the Tax Litigation Tool

The tool covers the entire gamut of the case process. Interest Rates or Form 3CEB to complain on behalf of a High Court or a High Court.

It works to make the standard of legal documents required to complete a litigation process.

To access payment-related information the tool helps to compile other financial-related information.

For different users, it includes dashboards to analyze the status of long-drawn cases.

It can be integrated with the CCH tool for a date-related revenue return.

The tool contains an email notification area and activity tracking to create awareness among users about their status in the process.

Section 148 Income Tax Notice - This income tax notice is issued if the Auditing Officer has good reason to believe that the taxpayer's income has eluded the inspection.

Income tax notice under section 156 - This income tax notice is issued for payment after the completion of the income tax assessment and order approval.

Income tax notice under section 143 (2) - If a tax notice under section 143 (2) has been issued, it means that the return on income has been selected for consideration by the Auditing Officer.

How Paravue Advisors help you to achieve your dream startup?

We at Paravue Advisors guarantee a high level of satisfaction and timely delivery of your firm registration with better response to government needs through our professionals. You can contact our team on 099504-51000 or send an email to infoparavueadvisors@gmail.com for Income Tax Litigation Service in Jaipur.

Why you should choose Paravue Advisors for your assistance?

Expertise guidance

We will help you by picking up a suitable registration or notice reply. Our experts give you expert guidance on many of the processes involved in registration or notices, as well as service tax registration, sales tax, import/export code, and professional tax.

Assist in developing tax lawsuit.

Exploring other ways to resolve tax disputes

Assistance to be represented before the Income Tax Commissioner (Complaints), Dispute Resolution Panel, Income Tax Tribunal

Assistance in preparing an application for pre-governance and pre-AAR representation

Assist, advise, prepare, adjudicate, and appeal before the Supreme Court and the High Courts.

FAQs on Income Tax Litigation

Hearing before the Assessment Officer, the Commissioner for Income Tax (Complaints) (CIT (A)), the Dispute Resolution Panel, the Advanced Decision Authority, and the Private Dispute Resolution Commission.

The main categories of civil court litigation proceedings are:

Submission of memorandum of appeal and memorandum of opposing objections.
Submission of supporting documents, written evidence, or submissions to the Court and the Departmental Representative (before the court, finance or foreign attorney and before the High Court and the High Court, these are the finance panel representatives representing the matter with assistance from the Revenue Officers).
The trial before a court.
Release decision.

The main categories of criminal court proceedings for criminal tax disputes are:

Filing a case with proper jurisdiction.
The trial in a court.
Prosecution procedures.

The Income Tax Act 1961 does not recognize privileged communications. However, the Indian Evidence Act 1872 governs the right to legal advice (a right accompanied by professional communication between legal counsel (including interpreters, clerks, or staff of legal counsel) and client). The right to legal advice may be waived in certain circumstances.

Tax litigation under the Indian judicial system takes so long that it takes years to reach a conclusion. The governing bodies of the governing body have the same law, acting as factual finding organizations under the Income Tax Act 1961, Customs Act 1962, Central Excise Act 1944, and finally the Good and Service Tax Law.

Tax evasion is considered a criminal offense. There is a small line of difference between tax evasion and tax evasion that can be judged by the facts of the case. Tax evasion is illegal under Indian law and is effectively prosecuted.

The people and the income tax officer who can administer the following tax laws are as follows:

Chief Income Tax Commissioners.
Central Direct Tax Board.
Income Tax Commissioners.
Principal Income Tax Commissioners.
Principal Chief Income Tax Commissioners.
Additional/Deputy/Joint/Assistant to the Income Tax Commission.

The Right to Information Act of 2005 (RTI Act) enables citizens to seek information from government departments. However, section 8 of the RTI Act provides exceptional circumstances in which a government department may not disclose information in a public place. In addition, the Delhi High Court in the case of Naresh Trehan v Rakesh Kumar Gupta ruled that income tax returns and other information provided to tax authorities during an inspection may not be disclosed under the RTI Act.

The major amendment to the Income Tax Appellate Tribunal 2017 made the inclusion of experts as additional valid evidence.

The main reasons for lodging an appeal against a criminal law decision are:

If principles of natural justice are infringed.
Legal procedure if not followed properly.
Serious legal errors by courts at the lower levels.
There has been improper acceptance or dismissal of evidence.
Lack of evidence to favor the case.