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Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, 10th August, 2019
PRESS RELEASE
Income Tax Department detects Benami business of running of petrol outlets in Meghalaya
In a swift and coordinated action on Friday, 2nd August 2019, the Investigation Wing of Income Tax Department. NER carried out searches on certain businessmen in Meghalaya, found to be involved in running a web of petrol pumps managed and controlled as benami properties. These persons were depriving the State Government of legitimate revenue by suppressing sales and non-deposit of local taxes collected, while also indulging in massive evasion of income tax by misusing exemption under Section 10(26) of the Income Tax Act , 1961 meant for tribal persons.
In the enforcement operation that commenced in the early hours and went on till wee hours of the next day, more than Rs 2 crore of unaccounted cash alongwith incriminating documents have been seized by officials of the Department. The cash found was hidden in unexpected places like water tanks.
This search by the Department was a much needed action on a long existing racket run by some unscrupulous elements exploiting local citizens of Meghalaya and avoiding paying income tax using tribal persons who are exempted from income tax, as a front. The pre-search investigation involved extensive surveillance and covert enquiries which were continuing for over a year.
Following the searches exposing these benami petrol pumps, the Executive Committee (EC) member of Khasi Hills Autonomous District Council (KHADC) in-charge of trade, announced to the media on the 8th of August, 2019 that urgent steps will be taken to prevent benami transactions in the State. He noted that despite the law, benami transactions are thriving due to collusion between some local people and their non-tribal business partners. The KHADC is a statutory autonomous body which regulates various aspects of trade and commerce in Meghalaya.
The action taken by the Department has been widely appreciated by the public and also local authorities as a timely and positive step that will help to control the menace of benami commercial activities, as well as augment Government revenues.
(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, 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.
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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.