New Taxpayers’ Charter issued. Read Rights & Obligations of taxpayers

New Taxpayers’ Charter issued. Know Rights & Obligations of taxpayers

Ministry of Finance has issued detailed Taxpayers’ Charter in line with announcement by Prime Minister of India

Indian Taxpayers’ Charter – Rights and Obligations of Taxpayers

This Taxpayer Charter spells out the various commitments made by the Income Tax Department to the taxpayer, but also highlights the taxpayer’s obligations associated with those commitments.

Taxpayers Rights: 

Taxpayers have the following right:

1. Right to be provided fair courteous and reasonable treatment

The Department shall provide prompt, courteous and professional assistance in all dealings with the taxpayers.

2. Right to be treated as honest 

The Department shall treat every taxpayer as honest unless there is a reason to believe otherwise.

3. Right to have certainty mechanism for appeal and review

The Department shall provide fair and impartial appeal and review mechanism. 

4. Right to get complete and accurate information

The Department shall provide accurate information for fulfilling compliance obligations under the Law

5. Right to have timely decisions

The Department shall take decision in every income atx proceeding within the time prescribed under Law.

6. Right to pay only correct amount of tax

The Department shall collect only the amount due as per Law

7. Right to have privacy

The Department will follow due process of law and no more be intrusive than necessary in any inquiry, examination or enforcement action.

8. Right to confidentiality 

The Department  shall not disclose any information provided by taxpayer to the Department unless authorised by law.

9. Right to have authorities accountable

The Department  shall hold its authorities accountable for their actions

10. Right to have representative of choice 

The Department shall allow every taxpayer to choose an authorised representative of his choice.

11. Right to have a mechanism to lodge complaint

The Department shall provide a mechanism for lodging a complaint and prompt disposal thereof.

12. Right to have a just and fair system

The Department shall provide a fair and impartial system and resolve the tax issues in a time bound manner.

13. Right to have published service standards and reports periodically

The Department shall provide a fair and impartial system and resolve the tax issues in a time bound manner.

14. Right to reduced cost of complainces

The Department shall duly take into account the cost of compliance when administering tax legislation.  

Taxpayers obligations

Taxpayers are expected:

1. to be honest and compliment

Taxpayer is expected to honestly disclose full information and fulfill his compliance obligations 

2. to be informed

Taxpayer is expected to be aware of his compliance obligations under tax laws and seek help of department if needed.

3. to keep accurate record

Taxpayer is expected to keep accurate records as required by law.

4. to know what the representative does on his behalf

Taxpayer is expected to know what information and submission are made by his authorised representative

5. to respond in time

Taxpayer is expected to make submissions as per tax laws in timely manner

6. to pay in time 

Taxpayer is expected to pay amount of tax due as per law in timely manner.

• AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT
• Shareholders can’t be taxed for income from properties owned by the company – HC
• Jurisdictional error in reassessment approval can’t be shielded by the law of limitation
• ITAT ought to remanded whole matter of bogus purchases instead of profit determination
• Where proceedings u/s 153C barred by limitation, AO can’t invoke section 148 & 148A