Tax disputes between tax officials and tax payers are not uncommon, as interpretations of tax laws can vary. The Central Board of Indirect Taxes and Customs (CBIC) has recently reminded senior field officers to seek approval from higher authorities before issuing show cause notices in such cases. This reminder comes after a surge in tax notices issued to high-profile companies, including Infosys Ltd, HDFC Bank, and foreign airlines.
The CBIC’s communication emphasizes the importance of maintaining ease of doing business while conducting investigations with regular tax payers. It highlights the need for uniformity in interpreting tax laws to avoid litigation and create a predictable business environment. The CBIC instructs senior officers to refer to the GST policy wing or the Tax Research Unit before issuing show cause notices based on differing interpretations of tax laws.
In a recent case involving Infosys, the Directorate General of GST Intelligence (DGGI) is set to determine the company’s tax liability for each year separately, indicating a prolonged tax dispute. The CBIC’s focus on standardized interpretation aims to reduce inconsistencies in audit findings, minimize litigation, and streamline the overall audit process.
The GST Council has also clarified certain tax issues, such as co-insurance premium apportionment and re-insurance commission, providing relief to the insurance industry. However, concerns have been raised by the International Air Transport Association (Iata) regarding the complexity of tax rules and the risk of double taxation for airlines operating in India.
The government’s efforts to enhance oversight of tax notices reflect a commitment to avoiding controversies and ensuring compliance with the law. Field officers and investigating agencies issuing tax notices must adhere to legal interpretations that are fair and withstand judicial scrutiny. By seeking approval from higher authorities and promoting uniformity in tax interpretations, the CBIC aims to foster a business-friendly environment and encourage robust GST compliance.