Chartered Accountants

Cost Accountants be allowed to appear before income tax authorities/Tribunals-ICMAI submission to FM

Cost Accountants be allowed to appear before income tax authorities/Tribunals as AR by inclusion u/s 288(2) of Income Tax Act-ICMAI submission to FM

The Institute of Cost Accountants of India has urged inclusion of “Cost Accountants” under the definition of “Accountant” u/s 288 (2) of Income Tax Act, 1961 (the Act).

The section 288 of the Act deals with provisions related to appearance by authorised representatives before  Income Tax Authorities or the Appellate Tribunal with respect to any proceeding under the Act except when summoned personally u/s 131.

Under the existing provisions, inter alia, chartered accountants in practice are authorised  to represent assessees as above.

However, the ICMAI in its letter addressed to Finance Minister dated 23rd May, 2018, has submitted suggestions  and submissions for upcoming New Direct Tax Law. As per the said suggestions, it has been submitted that Cost Accountants be included under the definition of Accountants u/s 288 (2) of the Income Tax Act, 1961.

As per the letter, both the suggestions on the new Direct Tax Law and submissions on inclusion of cost accountant as above have been drafted after seeking note-worthy suggestions from its member and Resource Persons, who are working in the Industry and in practice. It further says that the opinion of taxpayers also sought while drafting the suggestions and submissions.  

It is notable that even appearance by chartered accountants before tax authorities have been objected to by lawyers and with the Hon’ble the Supreme Court landmark judgment declaring the National Tax Tribunal (NTT) as unconstitutional in September, 2014, the peril of loosing right of appearance before income tax authorities is lurking over chartered accountants enjoying such privilege by virtue of the provisions of section 288(2)(iv) of the Income Tax Act, 1961.

In the said judgment, the Apex Court observed that Chartered Accountants and Company Secretaries would at best be specialists in understanding and explaining issues pertaining to accounts and Section 13(1) of NTT Act, insofar as it allowed Chartered Accountants to represent a party to an appeal before the NTT, was held to be as unconstitutional and unsustainable in law. Read More …….

Share

Recent Posts

  • Income Tax

Refusing to condone delay can result in a meritorious matter thrown out at threshold

Refusing to condone delay can result in a meritorious matter thrown out at very threshold against case being decided on…

11 hours ago
  • Income Tax

Prior period income cannot be considered as income of the current year

When prior period expenses are not admissible as deduction, following the same principle the prior period income also cannot be…

22 hours ago
  • Income Tax

SC condoned delay of 972 days in filing appeal due to restructuring in Department

Supreme Court condoned delay of 972 days in filing appeal due to restructuring in Income Tax Department In a recent…

1 day ago
  • Income Tax

No addition on mere valuation report when stamp duty valuation is available

Addition can not be made relying on the valuation report of property when the stamp duty valuation is also available…

2 days ago
  • Income Tax

ITAT deleted penalty for making a wrong claim of deduction u/s 54F/54B

Wrong claim of deduction u/s 54F/54B was not a case of concealment of particulars of income or furnishing inaccurate particulars…

2 days ago
  • GST

Value of taxable supply and rates notified Pan Masala / tobacco products

CBIC notifies GST rates and value of taxable supply for Biris, Pan Masala / tobacco products  Ministry of Finance(Department of…

2 days ago