F No 370149/230/2017- Part (3)

Task Force for drafting a New Direct Tax Legislation-Extension of term

What this is

F No 370149/230/2017- Part (3) was issued by the Central Board of Direct Taxes on 27 May 2019. Its subject is Task Force for drafting a New Direct Tax Legislation-Extension of term.

What it does

Extends by two months the term of the Task Force constituted to review the Income-tax Act, 1961 and draft a new direct tax law, so that it may submit its report by 31 July 2019 instead of 31 May 2019. The Task Force was constituted by the office order of 22 November 2017 with terms of reference to draft an appropriate direct tax legislation having regard to the direct tax systems of other countries, international best practices, the economic needs of the country and connected matters. It was reconstituted under the Member (Legislation) of the Board by the order of 26 November 2018, with liberty to co-opt members, and a member was co-opted by the order of 21 December 2018. Its term had already been extended once, by the order of 28 February 2019.

Why it was issued

It is an office order extending the Task Force's term, issued with the approval of the Finance Minister; no further reason is given.

Who it reaches

Nobody in a proceeding — it is an internal office order
Readers tracing the history of the proposed new direct tax law

The instrument, as the Board published it

The department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

F No 370149/230/2017- Part (3) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes (TPL Division) OFFICE ORDER New Delhi. May 27, 2019 In order to review the existing Income-tax Act, 1961 and to draft a new direct tax law in consonance with economic needs of the country, the Government had constituted a Task Force vide Office Order in F No 370149/230/2017 dated November 22, 2017, the Terms of Reference being drafting an appropriate direct tax legislation keeping in view: (i) the direct tax system prevalent in various countries, (ii) the international best practices, (iii) the economic needs of the country, and (iv) any other matter connected there to. 2, The Task Force has since been reconstituted under Shri Akhilesh Ranjan, Member (Legislation), CBDT vide Office Order in F No 370149/230/2017 dated November 26, 201 B, other terms and conditions of the Office Order dated November 22, 2017 remaining the same except that the Task Force was authorised to co-opt any person as Member, if considered necessary, Accordingly, Ms Pragya S Saksena IRS 87004, Principal Commissioner of Income-tax (OSD), New Delhi has been co-opted as Member vide office order of even number dated December, 21, 2018. 3, As per the Order dated November 26, 2018, the Task Force so reconstituted was required to submit its report to the Government by February 28, 2019. Vide Office Order of in F No 370149/230/2017 dated February 28,2019, the term of the Task Force has been extended by a period of three months, i.e., the Task Force is required to submit its report by May 31,2019. 4. The term of the Task Force is extended by a period of two months, i.e., the Task Force may be allowed to submit its report by July 31, 2019, 5. This issues with the approval of the Finance Minister. Copy to: (i) (ii) (iii) (iv) (v) (vi) (Niraj Kumar) Joint Commissioner of Income-tax (OSD) (TPL)-I Tel: 011-2309 5468 E-mail: niraj.kumar82@nic.in The Convener and Members of the Task Force PS to FM/ PS to MoS (Finance) Sr PPS to Revenue Secretary PS to Chairman (CBDT) The JS (Revenue), DoR All officers in TPL & TPRU JCIT (OSD) (TPL)-I

What to watch

This changes only the date by which the report was to come in; it alters no provision of law and gives no relief.
The term had been extended more than once, so the report date in an earlier order is not the operative one.

Where you meet it

Only as background when tracing how the draft direct tax legislation was prepared.

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.