INCOME TAX

Instruction No : 18

Date of Issue  : 23-12-2003

Subject : COD references in the case of PSUs-Documents to be enclosed while making references to the Board-reg.

1. It has been observed that while sending proposals to the Board for referring the disputes between CBDT and PSUs to the committee on disputes, sufficient number of copies of the relevant documents are not being sent of the Board by the field formations. In certain cases, it has also been noticed that the proposals are not being forwarded with the comments of the Chief Commissioner of Income-tax concerned, on the issues sought to be put forth, before the COD.

2. The Board desires that COD proposal forwarded to the Board should be accompanied with twenty copies each of the documents, viz., referral notes, assessment orders, CIT(A)'s orders, ITAT orders, etc. Further, 20 copies of assessment orders/CIT(A) orders/ITAT orders relating to the assessee in respect of any other assessment years, or any other orders pointed out in the CIT(A)/ITAT order, including that of earlier years CIT(A) orders, which led to deciding the case against the department be also forwarded.

3. Column No. 2(c ) should, while stating that the amount involved in dispute, also invariably provide quantum of tax effect arising therefrom. In loss cases, notional tax effect be invariably mentioned.

4. Column No. 7 should indicate whether the COD referral notes is due to any of the exceptions covered in Instruction No. 1979 or any other relevant material having bearing on the case, including status of appeals filed (if any) before ITAT/HC, on issues involved in current referral note, as applicable.

5. The proposals complete in all respects be sent to the Board with the approval of Chief Commissioner of Income-tax concerned.

6. While making references to the Board, latest telephone/fax numbers be also indicated.

7. The contents of this Instruction should be circulated for strict adherence.