Income Tax Litigations

The number of cases relating to Direct Taxes pending in various High Courts and the amount involved therein is as below:

	High Court
No. of cases pending*	34,281
Amount involved* (in Rs. crore)	37,683.98

*31^st March, 2015

Income-tax Act empowers a Principal Chief Commissioner/Chief Commissioner/Principal Commissioner/Commissioner of Income tax, who is aggrieved by any order passed by the Income Tax Appellate Tribunal (ITAT), to file an appeal to the High Court. Recently, CBDT has issued guidelines that in stations having more than one Chief Commissioner of Income-tax (CCIT), if the jurisdictional CCIT decides to file an appeal before the High Court, he is required to refer the matter to another CCIT.

The above measure is a positive step to ensure that the decision to file appeal in High Court is based on thorough analysis and merits of each case. CBDT has issued instruction which lays down timelines for filing of appeal before High Court. The timelines are in conformity with the statutory provision. Standard Operating Procedure prescribed by CBDT also lays down timelines in which appeal effect has to be given in each case consequent upon ITAT’s ruling.

This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Rajya Sabha today.

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Tax Refund to Export Import Traders

The Government is initiating all steps that the exporters get their tax refunds in time manner and the timely issue of refunds has always been a matter of priority and concern for the Government. Field formations have been directed to ensure prompt and timely disbursal of drawback, rebate claims on exports and other incentives on exports, as may be available under the relevant scheme.

Certain representations have been received from different exporters associations in this regard, which have been taken note of.

Details of incentives and other relief, inter-alia, being offered to exporters and importers are as under:

· Duty Drawback to exporters to neutralize Customs, Central Excise Duty and Service Tax suffered on inputs/inputs services used in manufacture of export goods.

· Benefit of rebate of Central Excise duty paid on exported goods is allowed under Rule 18 of the Central Excise Rules, 2002. Goods are also allowed clearance for export under bond for the same purpose under Rule 19 of the Central Excise Rules, 2002.

· Refund of CENVAT credit of inputs or input services to a manufacturer who clears a final product or an intermediate product for export without payment of duty under bond or letter of undertaking or a service provider who provides an output service which is exported without payment of Service Tax, under Rule 5 of Cenvat Credit Rules, 2004.

· In order to boost exports in garment sector, Government has provided various support measures. One such measure is duty free entitlement for import based on export performance, wherein manufacturers of textile and leather garments registered with their respective Export Promotion Council are allowed to import certain specified items duty free of value upto 5 per cent of the FOB value of the textile garments or 3 per cent of the FOB value of the leather garments, exported during the preceding Financial year for use in the manufacture of garments for export by such manufacturer. Similarly, the incentives are also provided to the exporters of handicrafts, leather products including footwear, handlooms, cotton and man-made textile made-ups etc.

· Duty exemption schemes (Advance Authorization/Duty Free Import Authorizations and Export Promotion Capital Goods (EPCG) as well as the incentive schemes (Merchandise Export from India Scheme and Service/Export from India Schemes) extended to exporters administered by Director General of Foreign Trade (DGFT), Department of Commerce.

· Rebate of whole of the duty paid on excisable inputs or whole of the Service Tax and cess paid on all input services used in providing service exported in terms of Rule 6A of Service Tax Rules, 1994.

· Granting rebate of service tax paid on taxable services which are received by an exporter of goods and used for export of goods.

· Allowing the holder of Vishesh Krishi and Gram Udyog Yojana (VKGUY), Focus Product Scheme (FPS) and Focus Market Scheme (FMS) scrip to pay service tax leviable on taxable services received by them by debiting in scrip.

· Section 10AA of Chapter VI-A of the Income-tax Act, 1961 allows 100% deduction on profits and gains derived from export of certain articles or things subject of fulfillment of conditions prescribed therein. Further, exporters and importers are also eligible for claiming deductions in respect of profits and gains derived from such business as per provisions contained in Part D of Chapter IV (Profits and gains of business or profession) and Chapter VIA (Deductions to be made in computing total income).

This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Rajya Sabha today.

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Indirect Tax Revenue (Provisional) Collections Increase From Rs. 40,802 Crore in July 2014 to Rs. 56,739 Crore During July 2015 Registering an Increase of 39.1% During the Month of July 2015 Over the Corresponding Period in the Previous Year; Customs Collections Registered an Increase of 23.2 % While Service Tax Collections Registered an Increase of 30.3% During the Same Period

Indirect Tax Revenue (Provisional) collections have increased from Rs 40,802 crore in July, 2014 to Rs. 56,739 crore during July, 2015. Thus an increase of 39.1% has been registered during July-2015 over the corresponding period in the previous year. This is an achievement of 32.6 % of the target fixed for BE 2015-16 i.e. Rs. 646267 crore.

Central Excise collections have increased from Rs. 13,512 crore in July-2014 to Rs. 22,273 crore during July-2015 and thus registering an increase of 64.8 %. This is an achievement of 36.6% of the target fixed at BE 2015-16.

Service Tax collections have increased from Rs.11,871 crore in July 2014 to Rs. 15,470 crore during July 2015 and thus registering an increase of 30.3 %. This is an achievement of 29.0 % of the target fixed at BE 2015-16.

Customs collections have increased from Rs.15,419 crore during July 2014 to Rs. 18,996 crore during July 2015 and thereby, registering an increase of 23.2 %. This is an achievement of 31.7 % of the target fixed for BE 2015-16.

Details of Indirect Tax revenue (provisional) collections during the month of July 2015, along with growth rate compared to the corresponding period in the previous year are as under:

For the month July 2015

(Rs. in crores)

Tax Head		For July			Up to July			% of BE achievement
	B.E. 2015-16	2014-15	2015-16	% Growth	2014-15	2015-16	% Growth	% of BE achievement
Customs	208336	15419	18996	23.2	54594	66076	21.0	31.7
Central Excise*	228157	13512	22273	64.8	47579	83454	75.4	36.6
Service Tax	209774	11871	15470	30.3	50723	60925	20.1	29.0
Total	646267	40802	56739	39.1	152896	210455	37.6	32.6