However, certainty is not always possible. a. } Recording of statements u/ss. 8. 3.4 Presumption in respect of seized/found books of account, documents, etc. (e) Tax rules should be certain. This presumption is rebuttable. Return of income should be filed within the time limit prescribed. The Government of India has constituted a number of authorities to execute the Income Tax Act and to control the Income Tax Department efficiently. Not to remove any article from its place without notice or knowledge of the authorised officer. v. How effective is the principle of legal certainty in protecting taxpayers’ rights relating to tax planning? j. Modern tax systems can only function effectively if there is a high degree of voluntary compliance, keeping the need for enforcement activity to a minimum. Explain to you the reasons for decisions made by us concerning your affairs; c. Finalize refund requests [within … days] or [as quickly as possible] and, where the law allows, pay you interest on the amount; d. Reply to written enquiries [within … days] or [as quickly as possible]; e. Deal with urgent requests as quickly as possible; f. Answer your telephone call promptly and without unnecessary transfer; g. Return your telephone call as quickly as possible; h. Keep your costs in complying with the law to a minimum; i. Legal certainty also denies many states the right to make retroactive changes in the law. Retroactive criminal legislation, e.g., creation of an offence or increase in criminal sanctions is normally not permitted. Income Tax Authorities and their Powers The Government of India has constituted a number of authorities to execute the Income Tax Act and to control the Income Tax Department efficiently. In our society our tax laws require that we pay taxes and other charges in order to fund a range of government programs and community services, such as education, welfare, health, defence, law enforcement and transportation infrastructure, that help our society to function. Keep sufficient records and books for the required retention period; c. Take reasonable care in preparing your records and books; d. Allow us access to records and books so that we can check your tax obligations. if(MSFPhover) { MSFPnav1n=MSFPpreload("../../_derived/back_cmp_Profile110_back.gif"); MSFPnav1h=MSFPpreload("../../_derived/back_cmp_Profile110_back_a.gif"); } Accordingly, taxpayers should keep the records required by the laws of relevant taxing jurisdictions. As per amendment made by the Finance Act, 2002, if a person who is required to afford the authorised officer the necessary facility to inspect the books of account or other documents maintained in electronic form, fails to afford such facility to the authorised officer, he shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine. Taxpayers should always endeavour to pay their taxes in accordance with the laws of relevant taxing jurisdictions. d. In a successful appeal, taxpayers should have the right to compensation for legal costs and expenses that they have incurred. b. Fully explain your rights of review, objection and appeal if you are unsure of them or need clarification; b. WHT in Nigeria varies and ranges from 2.5 to 10% for companies and 5 to 10% for individuals depending on the nature of the transaction. While this seems good … per male member of the family, need not be seized. These questions are fundamentally political in nature both in the domestic and international context. The exercise of discretion should be based on reasons that are applied consistently, fairly and impartially. To verify the identity of each member of the search party before the start of the search and on the conclusion of the search. Let you know [at least… days] or [as soon as possible] before the conduct of an interview or a request for the production of documents; c. Advise you of the scope of an interview and our requirements; d. Arrange a suitable time and place for the interview and allow you time to prepare your records. Also Tax records substantiating such ownership should be available at residence. Here are the rights and obligations of a taxpayerThe income tax season is on and all eligible taxpayers, existing or potential, are looking forward to submitting their income tax … High-income earners tax assessment. function MSFPpreload(img) Introduction to Taxpayers’ Rights and Obligations: Taxation is necessary to finance public expenditures. per unmarried lady and 100 gms. There is also a need for protection for taxpayers. Provide complete and accurate information by certain dates; c. Take reasonable care in preparing your tax returns, documents and information; d. Inform us of relevant events such as incorporation, opening a business, correspondence address changes, moving the place of business, ceasing business, with required taxpayer identifiers in a timely manner so that we can administer tax legislation properly, efficiently and effectively. It deals with legislative and administrative measures, collection of taxes and enforcement issues. no taxation except under the authority of law. The US Constitution also prohibits retrospective criminal legislation. HEAD INCOME TAX ADMINISTRATION The Central Board of Direct Taxes is the supreme body in the direct tax set-up. (a) The principle of legality should apply to provide a legal basis for the imposition of taxes, duties, fees and charges. Charter 6. taxpayer and tax bearer is the same person. Choice of taxpayers for audit should be reasonable and non-discriminatory. Introduction to Taxpayers’ Rights and Obligations 2. (f) Right to Confidentiality and Secrecy: The information available to the tax authorities on the affairs of a taxpayer is confidential and must only be used for the purposes specified in the tax legislation. b. Selected Rights 7. In addition, property income (i.e. It provides for protection from discrimination, excessive taxation and retroactive legislation. Taxpayers should be informed of their right and any time limits that apply. They include information gathering by tax authorities (e.g., telephone taps and home searches), tax appeals and enforcement of tax liabilities. Tax authorities in many countries need to be more customer-focused towards the taxpayers, and take a business-like and non-adversarial approach. Right to be informed of an information request and on its essential content (notification), ii. Etc. Provide you with advice about the tax implications of your actions; b. i. in the possession or control of any person in the course of survey operation u/s. Therefore, it is only justified when it is according to law, necessary for a democratic society, and is not disproportionate. What is FBR The Federal Board of Revenue (More commonly known by its initials as FBR) is a semiautonomous Federal agency of Pakistan that is responsible for enforcing fiscal laws and collecting revenue for the government of Pakistan. The Court has also dealt with several tax cases on procedural issues. (F. No. 2.2.1 The authorised officer cannot seize stock-in-trade of a business and he can only make a note of inventory of such stock-in-trade. Thus, both taxpayers and tax administrations are bound by the Courts and their interpretation of the law and the Courts thereby protect the tax system and the taxpayer. 1. b) To checkfverify cash, stock or other valuables or things which may be found. Though the need to have such tools cannot be grudged, the department has to use it sparingly and in deserving cases and after complying with necessary guidelines and safeguards. The Article states in its second paragraph that the right of a State to enforce its tax laws is unaffected. Further, books of account and documents so impounded cannot be retained beyond fifteen (exclusive of holidays) working days without obtaining prior approval of the Principal Chief Commissioner of Income Tax or Chief Commissioner of Income Tax or Principal Director General or Director General or Principal Commissioner or Commissioner or the Principal Director or Director. It is advisable to keep lists of the ornaments of each person and also where the ornaments are kept. // -->