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Ministry of Finance
Dated: 13 FEB 2023
The word ‘black money’ is not defined under the Income Tax Act, 1961, Customs Act, 1962, CGST Act, 2017, Central Excise Act, 1944 and erstwhile Chapter V of Finance Act, 2017 (related to Service Tax). This was stated by Union Minister of State for Finance Shri Pankaj Chaudhary in a written reply to a question in Lok Sabha today.
As far as Income Tax Department (ITD) is concerned, the Minister stated, whenever any credible information of ‘direct-tax’ evasion comes to its notice, it takes suitable action(s), including the search & seizure operations, to bring to tax, undisclosed income. The details of assets seized during the search & seizure operations is provided in the ANNEXURE.
Further, the details of cash seizures made by the field formations of Central Board of Indirect Taxes & Customs (CBIC), including Directorate of Revenue Intelligence (DRI), are provided in the ANNEXURE.
The details of actions taken by ED are included in ANNEXURE.
Giving out more information, the Minister stated that the Government enacted a comprehensive and a stringent new law, namely, the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (BMA, 2015) that has come into force w.e.f. 01.07.2015. The offence of willful attempt to evade tax, etc. in relation to undisclosed foreign income/assets is a Scheduled Offence under the Prevention of Money Laundering Act, 2002 (PMLA), regarding which suitable action is taken by Directorate of Enforcement (ED) for identification of proceeds of crime generated, provisional attachments and filing of prosecution complaints in suitable cases.
The details of actions taken by ITD under BMA, 2015 are as under:
i) 648 disclosures involving undisclosed foreign assets worth Rs. 4,164 crore were made in the one-time three months compliance window, under BMA, 2015, which closed on 30th September 2015. The amount collected by way of tax and penalty in such cases was about Rs. 2,476 crore.
ii) As on 30.11.2022, assessments under BMA, 2015 have been completed in 394 cases, raising tax demand of over Rs. 15,570 crore. Further, 125 prosecution complaints have been filed under the provisions of BMA, 2015. The State/UT-Wise details are not maintained separately.
The details of actions taken by ED in relation to cases involving violations related to BMA, 2015 are as under:
i) During investigation in 13 PMLA cases in relation to predicate offences involving violations related to BMA, 2015, proceeds of crime amounting to Rs. 42.57 crore has been attached/seized and 03 Prosecution complaints have been filed.
ii) Further, assets amounting to Rs. 93.07 crore has been seized under section 37A of FEMA in 05 cases.
The Minister stated that the Government of India has entered into Double Taxation Avoidance Agreements /Tax Information Exchange Agreements /Multilateral Convention on Mutual Administrative Assistance in Tax Matters/SAARC Multilateral Agreement (“tax treaties”) with other countries which provide for exchange of information, which is foreseeably relevant for administration and enforcement of domestic laws concerning taxes. India has been proactively engaging with foreign governments, for exchange of information under these tax treaties.
The Minister further stated that FIU-India is a member of the Egmont Group, an international organisation for exchange of information and Co-operation amongst Financial Intelligence Units (FIUs). The group comprises 167 members as on date. As members to the Egmont Group, FIUs can exchange freely information on real time basis through a highly secured network - Egmont Secured Web (ESW) - on various matters as per their roles and functions. FIU-India has also entered into Memoranda of understanding (MoUs) with 48 countries to strengthen bilateral relationships with its foreign counterparts since 2008 upto 2022 for exchange of intelligence.
Giving more information, the Minister stated that there is no official estimation or methodology to define/measure the amount of black money in the country. However, the Government had commissioned a study, inter alia, on estimation of unaccounted income and wealth inside and outside the country, through National Institute of Public Finance and Policy (NIPFP), National Council of Applied Economic Research (NCAER) and National Institute of Financial Management (NIFM). The reports and a detailed Government’s response on them were forwarded to the Lok Sabha Secretariat for placing them before the Standing Committee on Finance. The Standing Committee on Finance, after due deliberations and taking necessary oral evidences, presented a preliminary report on the matter (i.e. 73rd Report of Standing Committee on Finance) to Speaker of Lok Sabha on 28.03.2019 and this report has observed that “the unaccounted income and wealth inside and outside the country do not appear amenable to credible estimation in the context of India.”
Click here to read and download F. No. 189/3/2022-ITA-I
Ministry of Finance
DIRECT TAX PROPOSALS AIMED AT REDUCING COMPLIANCE BURDEN, PROMOTING ENTREPRENEURIAL SPIRIT & PROVIDING TAX RELIEF TO CITIZENS
NEXT-GENERATION COMMON IT RETURN FORM FOR TAX PAYER CONVENIENCE TO BE ROLLED OUT
LIMITS OF PRESUMPTIVE TAXATION ENHANCED TO Rs 3 CRORE FOR MICRO ENTERPRISES AND Rs 75 LAKH FOR PROFESSIONALS WITH CASH PAYMENTS LESS THAN 5%
15 % CONCESSIONAL TAX TO PROMOTE NEW MANUFACTURING COOPERATIVE SOCIETY
THRESHOLD LIMIT FOR CO-OPERATIVES TO WITHDRAW CASH WITHOUT TDS INCREASED TO Rs 3 CRORE
DATE OF INCORPORATION FOR INCOME TAX BENEFITS TO START-UPS EXTENDED TO 31st MARCH 2024
AROUND 100 JOINT COMMISSIONERS TO BE DEPLOYED FOR DISPOSAL OF SMALL APPEALS
DEDUCTION FROM CAPITAL GAINS ON INVESTMENT IN RESIDENTIAL HOUSE CAPPED TO Rs 10 CRORE
TAX EXEMPTION ON INCOME OF AUTHORITIES REGULATING AND DEVELOPING AN ACTIVITY
AGNIVEERS TO GET TAX EXEMPTION ON PAYMENT RECEIVED FROM THE AGNIVEER CORPUS FUND
Dated: 01 FEB 2023
The Union Minister for Finance and Corporate Affairs, Smt Nirmala Sitharaman announced several Direct Tax proposals with an aim to maintain continuity and stability of taxation, further simplify and rationalize various provisions to reduce the compliance burden, promote the entrepreneurial spirit and provide tax relief to citizens. While presenting the Union Budget 2023-24 in Parliament today she stated that “It has been the constant endeavour of the Income Tax Department to improve Tax Payers Services by making compliance easy and smooth”.
Roll Out Of Common IT Return Form
The Finance Minister announced rolling out of a next-generation Common IT Return Form for tax payer convenience and strengthening of grievance redressal mechanism to further improve Tax Payers Services. She said that the constant endeavour of the Income Tax Department to make tax compliance easy and smooth. “Our tax payers’ portal received a maximum of 72 lakh returns in a day; processed more than 6.5 crore returns this year; average processing period reduced from 93 days in financial year 13-14 to 16 days now; and 45 per cent of the returns were processed within 24 hours”, she said.
MSMEs and Professionals
Smt Sitharaman said that micro enterprises with turnover up to Rs 2 crore and certain professionals with turnover of up to Rs 50 lakh can avail the benefit of presumptive taxation. She proposed to provide enhanced limits of Rs 3 crore and Rs 75 lakh respectively, to the tax payers whose cash receipts are no more than 5%. She also proposed to allow deduction for expenditure incurred on payments made to MSMEs so as to support them in timely receipt of payments. She proposed to include payments made to such enterprises within the ambit of section 43B of the Micro, Small and Medium Enterprises Development Act. It will be allowed on accrual basis only if the payment is within the time mandated under the Act.
Co-operative Sector
The Finance Minister announced that the new co-operatives that commence manufacturing activities till 31.3.2024 shall get the benefit of a lower tax rate of 15%, as is presently available to new manufacturing companies. She further proposed to provide an opportunity to sugar co-operatives to claim payments made to sugarcane farmers for the period prior to assessment year 2016-17 as expenditure. “This is expected to provide them with a relief of almost Rs 10,000 crore”, she said.
Smt Sitharaman also announced providing a higher limit of Rs 2 lakh per member for cash deposits to and loans in cash by Primary Agricultural Co-operative Societies (PACS) and Primary Co-operative Agriculture and Rural Development Banks (PCARDBs). “Similarly, a higher limit of Rs 3 crore for TDS on cash withdrawal is being provided to co-operative societies”, she said. These proposals aim at realizing Prime Minister’s goal of “Sahkar se Samriddhi”, and his resolve to “connect the spirit of cooperation with the spirit of Amrit Kaal”.
Start-Ups
The Finance Minister proposed to extend the date of incorporation for income tax benefits to start-ups from 31.03.23 to 31.3.24. She further proposed to provide the benefit of carry forward of losses on change of shareholding of start-ups from seven years of incorporation to ten years. “Entrepreneurship is vital for a country’s economic development. We have taken a number of measures for start-ups and they have borne results”, she said and added that India is now the third largest ecosystem for start-ups globally, and ranks second in innovation quality among middle-income countries.
Appeals
Smt Nirmala Sitharaman proposed to deploy about 100 Joint Commissioners for disposal of small appeals so as to reduce the pendency of appeals at Commissioner level. “We shall also be more selective in taking up cases for scrutiny of returns already received this year”, she said.
Better Targeting Of Tax Concessions
For better targeting of tax concessions and exemptions, Smt Sitharaman proposed to cap deduction from capital gains on investment in residential house under sections 54 and 54F to Rs 10 crore. “Another proposal with similar intent is to limit income tax exemption from proceeds of insurance policies with very high value”, she said.
Improving Compliance And Tax Administration
The Finance Minister proposed to reduce the minimum time period required to be provided by the transfer pricing officer to assessee for production of documents and information from 30 days to 10 days. She also proposed to amend the time period for filing of appeal against the order of the Adjudicating authority under Benami Act within a period of 45 days from the date when such order is received by the Initiating Officer or the aggrieved person. “The definition of ‘High Court’ is also proposed to be modified to allow determination of jurisdiction for filing appeal in the case of non-residents”, she said.
Rationalization
The Finance Minister announced a number of proposals relating to rationalization and simplification. She stated that Income of authorities, boards and commissions set up by statutes of the Union or State for the purpose of housing, development of cities, towns and villages, and regulating, or regulating and developing an activity or matter, was proposed to be exempted from income tax.
Other major measures proposed by the Union Minister in this direction were: Removing the minimum threshold of Rs 10,000/- for TDS & clarifying taxability relating to online gaming; Not treating conversion of gold into electronic gold receipt and vice versa as capital gain; Reducing the TDS rate from 30% to 20% on taxable portion of EPF withdrawal in non-PAN cases; and Taxation on income from Market Linked Debentures.
Others
Smt Sitharaman also announced other major proposals in the Finance Bill which related to: Extension of period of tax benefits to funds relocating to IFSC, GIFT City till 31.03.2025; Decriminalization under section 276A of the Income Tax Act; Allowing carry forward of losses on strategic disinvestment including that of IDBI Bank; and Providing EEE status to Agniveer Fund. “The payment received from the Agniveer Corpus Fund by the Agniveers enrolled in Agnipath Scheme, 2022 is proposed to be exempt from taxes”, she said.
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RM/ABB/PPG/SJ
(Release ID: 1895284)
Ministry of Finance
ECONOMIC SURVEY 2022-23: HIGHLIGHTS
Indian economy staging a broad based recovery across sectors, positioning to ascend to pre-pandemic growth path in FY23
Retail inflation is back within RBI's target range in November 2022
Direct Tax collections for the period April-November 2022 remains buoyant
Enhanced Employment generation seen in the declining urban unemployment rate and in the faster net registration in Employee Provident Fund
Creating public goods to enhance opportunities, efficiencies and ease of living, trust-based governance, enhancing agricultural productivity and promoting the private sector as a co-partner in development is the focus of the government reforms
Cleaner balance sheets led to enhanced lending by financial institutions
Growth in credit offtake, increased private capex to usher virtuous investment cycle
Non-food credit offtake by Scheduled Commercial Banks growing in double digits since April 2022
Gross Non-Performing Assets (GNPA) ratio of SCBs has fallen to a seven-year low of 5.0
Social sector expenditure (Centre and States combined) increases to Rs. 21.3 lakh crore in FY23 (BE) from Rs. 9.1 lakh crore in FY16
Central and State Government’s budgeted expenditure on health sector touched 2.1% of GDP in FY23 (BE) and 2.2% in FY22 (RE) against 1.6% in FY21
More than 220 crore COVID vaccine doses administered
Survey highlights the findings of the 2022 report of the UNDP on Multidimensional Poverty Index which says that 41.5 crore people exit poverty in India between 2005-06 and 2019-20
India declared Net Zero Pledge, to achieve net zero emissions goal by 2070
A mass movement LIFE– Life style for Environment launched
National Green Hydrogen Mission to enable India to be energy independent by 2047
Private investment in agriculture increases to 9.3% in 2020-21
Free foodgrains to about 81.4 crore beneficiaries under the National Food Security Act for one year
About 11.3 crore farmers were covered under PM KISAN in its April-July 2022-23 payment cycle
India stands at the forefront to promote millets through the International Year of Millets initiative
Investment of ₹47,500 crores under the PLI schemes in FY22- 106% of the designated target for the year
India’s e-commerce market is projected to grow at 18 per cent annually through 2025
Merchandise exports of US$ 332.8 billion for April-December 2022
India is the largest recipient of remittances globally receiving US$ 100 billion in 2022
PM GatiShakti National Master Plan creates comprehensive database for integrated planning and synchronised implementation across Ministries/ Departments
UPI-based transactions grew in value (121 per cent) and volume (115 per cent) terms, between 2019-2022, paving the way for its international adoption
Dated: 31 JAN 2023
Union Minister for Finance and Corporate Affairs, Smt. Nirmala Sitharaman, presented the Economic Survey 2022-23 in the Union Parliament today. The highlights of the Survey are as follows:
State of the Economy 2022-23: Recovery Complete
India’s Medium Term Growth Outlook: with Optimism and Hope
Fiscal Developments: Revenue Relish
Monetary Management and Financial Intermediation: A Good Year
Prices and Inflation: Successful Tight-Rope Walking
Social Infrastructure and Employment: Big Tent
Climate Change and Environment: Preparing to Face the Future
Agriculture and Food Management
Industry: Steady Recovery
Services: Source of Strength
External Sector
Physical and Digital Infrastructure
Government’s Vision for Infrastructure Development
Electricity Sector and Renewables
Making Indian Logistics Globally Competitive
India’s Digital Public Infrastructure
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RM/AD/VD/DJM/LP/RC/SSV
(Release ID: 1894929)
DIRECT TAXES
Direct Tax proposals aim to maintain continuity and stability of taxation, further simplify and rationalise various provisions to reduce the compliance burden, promote the entrepreneurial spirit and provide tax relief to citizens.
Constant endeavour of the Income Tax Department to improve Tax Payers Services by making compliance easy and smooth.
To further improve tax payer services, proposal to roll out a next-generation Common IT Return Form for tax payer convenience, along with plans to strengthen the grievance redressal mechanism.
Rebate limit of Personal Income Tax to be increased to Rs. 7 lakh from the current Rs. 5 lakh in the new tax regime. Thus, persons in the new tax regime, with income up to Rs. 7 lakh to not pay any tax.
Tax structure in new personal income tax regime, introduced in 2020 with six income slabs, to change by reducing the number of slabs to five and increasing the tax exemption limit to Rs. 3 lakh. Change to provide major relief to all tax payers in the new regime.
New tax rates
Total Income (Rs) |
Rate (per cent) |
Up to 3,00,000 |
Nil |
From 3,00,001 to 6,00,000 |
5 |
From 6,00,001 to 9,00,000 |
10 |
From 9,00,001 to 12,00,000 |
15 |
From 12,00,001 to 15,00,000 |
20 |
Above 15,00,000 |
30 |
Proposal to extend the benefit of standard deduction of Rs. 50,000 to salaried individual, and deduction from family pension up to Rs. 15,000, in the new tax regime.
Highest surcharge rate to reduce from 37 per cent to 25 per cent in the new tax regime. This to further result in reduction of the maximum personal income tax rate to 39 per cent.
The limit for tax exemption on leave encashment on retirement of non-government salaried employees to increase to Rs. 25 lakh.
The new income tax regime to be made the default tax regime. However, citizens will continue to have the option to avail the benefit of the old tax regime.
Enhanced limits for micro enterprises and certain professionals for availing the benefit of presumptive taxation proposed. Increased limit to apply only in case the amount or aggregate of the amounts received during the year, in cash, does not exceed five per cent of the total gross receipts/turnover.
Deduction for expenditure incurred on payments made to MSMEs to be allowed only when payment is actually made in order to support MSMEs in timely receipt of payments.
New co-operatives that commence manufacturing activities till 31.3.2024 to get the benefit of a lower tax rate of 15 per cent, as presently available to new manufacturing companies.
Opportunity provided to sugar co-operatives to claim payments made to sugarcane farmers for the period prior to assessment year 2016-17 as expenditure. This expected to provide them a relief of almost Rs. 10,000 crore.
Provision of a higher limit of Rs. 2 lakh per member for cash deposits to and loans in cash by Primary Agricultural Co-operative Societies (PACS) and Primary Co-operative Agriculture and Rural Development Banks (PCARDBs).
A higher limit of Rs. 3 crore for TDS on cash withdrawal to be provided to co-operative societies.
Date of incorporation for income tax benefits to start-ups to be extended from 31.03.23 to 31.3.24.
Proposal to provide the benefit of carry forward of losses on change of shareholding of start-ups from seven years of incorporation to ten years.
Deduction from capital gains on investment in residential house under sections 54 and 54F to be capped at Rs. 10 crore for better targeting of tax concessions and exemptions.
Proposal to limit income tax exemption from proceeds of insurance policies with very high value. Where aggregate of premium for life insurance policies (other than ULIP) issued on or after 1st April, 2023 is above Rs. 5 lakh, income from only those policies with aggregate premium up to Rs. 5 lakh shall be exempt.
Income of authorities, boards and commissions set up by statutes of the Union or State for the purpose of housing, development of cities, towns and villages, and regulating, or regulating and developing an activity or matter, proposed to be exempted from income tax.
Minimum threshold of Rs. 10,000/- for TDS to be removed and taxability relating to online gaming to be clarified. Proposal to provide for TDS and taxability on net winnings at the time of withdrawal or at the end of the financial year.
Conversion of gold into electronic gold receipt and vice versa not to be treated as capital gain.
TDS rate to be reduced from 30 per cent to 20 per cent on taxable portion of EPF withdrawal in non-PAN cases.
Income from Market Linked Debentures to be taxed.
Deployment of about 100 Joint Commissioners for disposal of small appeals in order to reduce the pendency of appeals at Commissioner level.
Increased selectivity in taking up appeal cases for scrutiny of returns already received this year.
Period of tax benefits to funds relocating to IFSC, GIFT City extended till 31.03.2025.
Certain acts of omission of liquidators under section 276A of the Income Tax Act to be decriminalized with effect from 1st April, 2023.
Carry forward of losses on strategic disinvestment including that of IDBI Bank to be allowed.
Agniveer Fund to be provided EEE status. The payment received from the Agniveer Corpus Fund by the Agniveers enrolled in Agnipath Scheme, 2022 proposed to be exempt from taxes. Deduction in the computation of total income is proposed to be allowed to the Agniveer on the contribution made by him or the Central Government to his Seva Nidhi account.