Skip to main content

IDS Rule on Old Cases Clashes with I-T Act

Provision in scheme lets I-T dept to go after evaders for undisclosed assets acquired well before 6 yrs, but law doesn't allow it
An anomaly in the Income Declaration Scheme (IDS) -a mechanism to disclose hidden assets and come clean -can trigger litigation and go against the present law.
In the course of recent meetings aimed to maximise mobilisation under IDS, senior tax officials have told members of Central Board of Direct Taxes (CBDT), the apex body, about the problems that could crop up.
A provision in the scheme allows the I-T department to go after evaders for undisclosed assets acquired well before six years.
Today, tax officers, as per law, refrain from reopening assessment which are more than six years old.
“The IDS changes this as it empowers assessing officers to revisit old matters. It is against the Income-tax Act and settled nature of tax assess ment,“ said a tax official in Mumbai.
The issue cropped up after the government released the FAQs on the declaration scheme.
In response to a question on consequences for the tax payers if they fail to declare undisclosed income prior to the commencement of the scheme, the government has clarified that such income will be deemed to have been acquired in the year the notice is issued by the asses sing officer and the provisions of the law shall apply accordingly.
For example, if in January 2017, the tax office discovers undisclosed income or property of a taxpayer, she will be asked to pay tax and penalty even if the income accrued or the property was purchased in 2000. Till now, tax officers would have ignored such undisclosed assets if these were bought before six years. But not any longer.
This is irrespective of whether an assessee participates in the IDS; if she has not revealed assets in the IDS, the tax office can pull her up even if the asset was acquired 20 years ago.
“There is every possibility that in many cases the department will issue notices as assessing officers are now armed with the CBDT circular to reopen old assessments. If the government pursues this provision in the manner in which it is being interpreted, there will be litigations and hardships to the assesses,“ said senior chartered accountant Dilip Lakhani.
While this could be part of an aggressive stance taken by the Centre to unearth black money and force people to declare hidden assets, there could be legal hurdles.
Industry trackers say there could be a rise in litigation as the new rules for black money disclosure scheme would be put to test through litigation. “The most damaging part of the Disclosure Scheme is Section 197 (c) of the Finance Act, 2016... This is likely to cause a lot of litigation in terms of challenging the validity of this provision of the IDS as being contrary to the statutory time limits prescribed under Sections 149, 153A and 153C of the Income-tax Act, 1961,“ said Amit Maheshwari, Partner at Ashok Maheshwary & Associates LLP.
IDS is a scheme under which a person who has not disclosed income for earlier assessment years can make a disclosure of income subject to certain terms and conditions stipulated in the scheme.
Some like Lakhani believe that the provisions of IDS cannot override the provisions of Income-Tax Act, 1961. For allowing the tax office to go retrospectively beyond six years (for local black money) and 16 years for undisclosed overseas assets, the Act has to be amended.
The Economic Times New Delhi,19th July 2016

Comments

Popular posts from this blog

New income tax slab and rates for new tax regime FY 2023-24 (AY 2024-25) announced in Budget 2023

  Basic exemption limit has been hiked to Rs.3 lakh from Rs 2.5 currently under the new income tax regime in Budget 2023. Further, the income tax slabs in the new tax regime has been changed. According to the announcement, 5 income tax slabs will be there in FY 2023-24, from 6 income tax slabs currently. A rebate under Section 87A has been enhanced under the new tax regime; from the current income level of Rs.5 lakh to Rs.7 lakh. Thus, individuals opting for the new income tax regime and having an income up to Rs.7 lakh will not pay any taxes   The income tax slabs under the new income tax regime will now be as follows: Rs 0 to Rs 3 lakh - 0% tax rate Rs 3 lakh to 6 lakh - 5% Rs 6 lakh to 9 lakh - 10% Rs 9 lakh to Rs 12 lakh - 15% Rs 12 lakh to Rs 15 lakh - 20% Above Rs 15 lakh - 30%   The revised Income tax slabs under new tax regime for FY 2023-24 (AY 2024-25)   Income tax slabs under new tax regime Income tax rates under new tax regime O to Rs 3 lakh 0 Rs 3 lakh to Rs 6 lakh 5% Rs 6

Jaitley plans to cut MSME tax rate to 25%

Income tax for companies with annual turnover up to ?50 crore has been reduced to 25% from 30% in order to make Micro, Small and Medium Enterprises (MSME) companies more viable and also to encourage firms to migrate to a company format. This move will benefit 96% or 6.67 lakh of the 6.94 lakh companies filing returns of lower taxation and make MSME sector more competitive as compared with large companies. However, bigger firms have shown their disappointment since the proposal for reducing tax rates was to make Indian firms competitive globally and it is the large firms that are competing globally. The Finance Minister foregone revenue estimate of Rs 7,200 crore per annum for this for this measure. Besides, the Finance Minister refrained from removing or reducing Minimum Alternate Tax (MAT), a popular demand from India Inc., but provided a higher period of 15 years for carry forward of future credit claims, instead of the existing 10-year period. “It is not practical to rem

Don't forget to verify your income tax return in August: Here's the process

  An ITR return needs to be verified within 120 days of filing of tax return. Now that you have filed your income tax return, remember to verify it because your return filing process is not complete unless you do so. The CBDT has reduced the time limit of ITR verification to 30 days (from 120 days) from the date of return submission. The new rule is applicable for the returns filed online on or after 1st August 2022. E-verification is the most convenient and instant method for verifying your ITR. However, if you prefer not to e-verify, you have the option to verify it by sending a physical copy of the ITR-V. Taxpayers who filed returns by July 31, 2023 but forget to verify their tax returns, will get the following email from the tax department, as per ClearTax. If your ITR is not verified within 30 days of e-filing, it will be considered invalid, and may be liable to pay a Late Fee. Aadhaar OTP | EVC through bank account | EVC through Demat account | Sending duly signed ITR-V through s