no taxation except under the authority of law. A statement on oath may be used as evidence in any proceedings under the Act. Where possible, originals should remain with the taxpayer and information required by Revenue authorities should be copied and certified, if necessary. Legal guarantees include the right to a Court or independent and impartial tribunal or, public hearing and determination within a reasonable period. 131 and 132(4). In each case, it has held that the legislation was consistent with the guarantees provided in Article 1 on Protection of Property. The Central Board of Direct Taxes is the supreme body in the direct tax set-up. The OECD has published a model Taxpayers’ Charter, which is reproduced below: This is only an example using elements that might be found in a taxpayers’ charter. g. Powers of the Revenue authorities to search premises and seize assets should be subject to strict limits, and should be used as a last resort. These rights are often linked to taxpayers’ responsibilities under the law or under administrative measures. Income Tax Act – Authorization to exercise powers or perform duties of the Minister of National Revenue Last updated on June 15, 2020. Does the taxpayer have the right to be informed, as well as heard, in such cases? High-income earners tax assessment. Many countries treat this principle not as a binding policy but as a principle for the legislature to follow. The general principle of international law requires that persons are entitled to the peaceful enjoyment of their possessions, except as provided by law. Taxpayers should be given prior notification of an audit and the opportunity to request postponement of the audit if they have good reasons. Under the constitutional law in most countries any act involving taxation must have parliamentary approval, i.e. 26449/95). The Government of India has constituted a number of authorities to execute the Income Tax Act and to control the Income Tax Department efficiently. Right to be informed of an information request and on its essential content (notification), ii. k. Tax collection and enforcement procedures should be documented clearly and simply, and provided to the affected taxpayers. To allow the children to go to school, after checking their bags. (((navigator.appName == "Netscape") && Valuation report of a jeweller can be obtained. Duties and Obligations of the Employer Under the Income Tax Act The Income Tax (Employments) Regulations (the Second Schedule to The Income Tax Act) outlines the duties and obligations of … Some of the fundamental rights of taxpayers include: Legal certainty limits the power of the tax authorities. Income Tax Authority can enter after sunrise and before sunset any office or any other place were business and profession is carried on were books of account or documents are kept to inspect such books of account or other documents and to furnish such information as may require in relation to such matter. These questions are fundamentally political in nature both in the domestic and international context. Taxpayers who are having difficulties in complying with this obligation should be encouraged to discuss their circumstances with their Revenue authorities, as it may be possible to allow additional time for payment in some cases. Hence, taxpayers are encouraged to co-operate with relevant revenue authorities in attempting to comply with their tax obligations. In all cases, a detailed inventory of the jewellery and ornaments found must be prepared to be used for assessment purposes.