Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, 10th August, 2019

PRESS RELEASE

CBDT simplifies the process of assessment in respect of Startups

The Finance Ministry has simplified the process of assessment in the case of Startup entities.

In cases where scrutiny assessments of Startup entities are pending, the CBDT has decided that:

i)In case of Startup Companies recognized by DPIIT which have filed Form No. 2 and whose cases are under “limited scrutiny” on the single issue of applicability of section 56(2)(viib),the contention of the assessee will be summarily accepted.

ii)In case of Startup Companies recognized by DPIIT which have filed Form No. 2 and whose cases have been selected under scrutiny to examine multiple issues including the issue of section 56(2)(viib),this issuewillnot be pursued during the assessment proceedings and inquiry on other issues will be carried out by the Assessing Officer only after obtaining approval of the supervisory authority.

iii)In case of Startup Companies recognized by the DPIIT, whichhave not filed Form No. 2, but have been selected for scrutiny, the inquiry in such cases also will be carried out by the Assessing Officer only after obtaining approval of the supervisory authorities.

In addition to the above, the Central Government has further decided to relax Para-6 of the DPIIT notification No.127 (E) dated 19.02.2019 and make it clear that this notification will also be applicable to Startup Companies where addition under section 56(2)(viib) has been made and the assessee has been recognized by DPIIT and subsequently filed Form No. 2. The Circular to this effect in F.No 173/149/2019-ITA-1 of CBDT dated 8th August, 2019, has been placed on www.incometaxindia.gov.in.

 

(Surabhi Ahluwalia)

Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT.

 

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, 8th August, 2019

PRESS RELEASE

FAQs in respect of filling-up of the Income-tax return forms for Assessment Year 2019-20 issued

The Income-tax return (ITR) forms for the Assessment Year 2019-20 have been notified on 01.04.2019. Subsequently, queries have been raised by the stakeholders in respect of filling-up of the ITR forms. These queries are primarily in respect of the reporting of certain details in the ITR forms, such as reporting of directorship in a foreign company, reporting of equity shares listed outside India, unlisted shares which were previously listed, reporting of unlisted shares received by way of gift, will, amalgamation etc. and reporting of certain assets held as stock-in-trade.

The queries have been examined by CBDT and have been clarified vide Circular No. 18/2019 dated 08th August, 2019. A copy of the Circular has been placed on www.incometaxindia.gov.in

(Surabhi Ahluwalia)

Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT.

 

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

                                                                                New Delhi, 8th August, 2019

PRESS RELEASE

Monetary limits for filing of appeals by Income Tax Department further enhanced by CBDT

There is a substantial pendency of appeals of the Income Tax Department before various appellate fora. The CBDT is aware of the importance of litigation management and has been continuously working towards achieving the same.

To effectively reduce taxpayer grievances/litigation and help the Department focus on litigation involving complex legal issues and high tax effect, the monetary limits for filing of appeals by the Department were last revised on 11th July,2018 vide CBDT Circular No.3 of 2018. As a step towards further management of litigation by the Government,  the monetary limits for filing Departmental appeals before various appellate fora including ITAT, High Court & Supreme Court have been revised as under:

Appellate Forum	Existing Monetary Limit(Rs.)	Revised Monetary Limit(Rs.)
Before Income Tax Appellate Tribunal	20,00,000	50,00,000
Before High Court	50,00,000	1,00,00,000
Before Supreme Court	1,00,00,000	2,00,00,000

This will further reduce time, effort and resources presently deployed in litigation to focus on issues involving litigation of substantial value.

 

(Surabhi Ahluwalia)

         Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT.

*****

Editorial Note: Click here to read and download CBDT Circular 17/2019

 

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

New Delhi, 2nd August, 2019

PRESS RELEASE

Search on a prominent Real Estate Group in Mumbai

The Income Tax Department conducted Search and Seizure operation on 29.07.2019 on a prominent group involved in Real Estate Development, covering more than 40 premises across Mumbai and Pune.  During the course of search operations, the Department unearthed evidences related to receipt of ‘On Money’ on sale of commercial and residential blocks, bogus unsecured loans taken, bogus Long Term Capital Gains and various other sham transactions to evade income aggregating to about Rs.700 crore.

            The search action has unravelled peculiar transactions wherein by way of accounting jugglery, income on transactions worth about Rs.525 crore has been evaded.  ‘On Money’ receipt on sale of Residential / Commercial Blocks amounting to Rs.100 crore has been corroborated during the search. During the search, incriminating evidence was unearthed pertaining to modus operandi establishing the introduction of accommodation loans by the group, which have been found to be bogus.  Moreover, use of entry providers / hawala operators for entries of Long Term Capital Gains by the promoters of this real estate group have been affirmed during the search action.  The action has also resulted into detection of jewellery worth approximately Rs.14 crore, which is under verification.

            The investigation and search action is still in progress.

(Surabhi Ahluwalia)

Commissioner of Income Tax

(Media & Technical Policy)

Official Spokesperson, CBDT.

 

F No 370149/230/2017-TPL

Government of India

Ministry of Finance

Department of Revenue

Central Board of Direct Taxes

(TPL Division)

Dated: 02.08.2019

OFFICE ORDER

   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 of even number dated November 22, 2017.

2. The Task Force has since been reconstituted under Shri Akhilesh Ranjan, Member (Legislation), CBDT vide Order of even number dated November 26, 2018, other terms and conditions 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 was co-opted as Member vide office order of even number dated December, 21, 2018.

3. As per the Order of even number dated November 26, 2018, the Task Force so reconstituted was required to submit its report to the Government by February 28, 2019. Vide Order dated February 28, 2019, the term of the Task Force was extended by a period of three months, i.e., May 31, 2019 which was further extended by a period of two months, i.e., July 31, 2019 Vide Office Order dated May 27, 2019.

4. Further, vide office order dated June 24, 2019, Shri Krishnamurthy Subramanian, Chief Economic Advisor (CEA) and Shri Ritvik Pandey, Joint Secretary (Revenue) were nominated as members of the Task Force and the Terms of Reference were broadened.

5. As per the terms and conditions, the Task Force was required to submit its final report by July 31, 2019. However, the new members of the Task Force were nominated only on June 24, 2019, and a request has been made for more time to reflect on the report.

6. The Task Force is now required to submit its report on or before August 16, 2019.

7. This issues with the approval of the Finance

(Saurabh Gupta)

Undersecretary (TPL)-III

Tel: 011-2309 5468

E-mail: ustpl3@nic.in