Income Tax raid on Chemicals manufacturer and real estate developers in Gujarat (Ministry of Finance Press Release-21 Nov 2021)

Income Tax raid on Chemicals manufacturer and real estate developers in Gujarat (Ministry of Finance Press Release-21 Nov 2021)

Modus-operandi: Suppression of production, use of bogus purchase invoices without actual delivery of the goods to inflate purchases, availing of bogus GST credit, claim of bogus commission expenses, etc.

Result: The search operation has resulted in seizure of unaccounted cash of about Rs. 2.5 crore and jewellery of Rs. 1 crore. 16 bank lockers have been placed under restraint.

A preliminary analysis of the documents/evidence unearthed during the search has indicated that estimation of unaccounted income is likely to be more than Rs.100 crore.

Judiciary updates (Corporate Laws)-20 Nov 2021

Complaint filed by Company cannot be denied merely because Managing Director’s name appeared first in complaint

Bhupesh Rathod Vs Dayashankar Prasad Chaurasia & ANR. (Supreme Court of India) dated 10/11/2021

Criminal liability on officers arises only when offence is committed by company

Dayle De’souza Vs Government of India (Supreme Court of India) dated 29/10/2021

HC dismisses Plea of assessee to quash ED Summons in Money Laundering Case

The plea by assessee to quash Enforcement Directorate summons in a money laundering case was quashed as assessee had failed to make out a case for interference for the invocation of 226 of the Constitution and 482 of Cr.P.C.

Anandrao Vithoba Adsul Vs Enforcement Directorate (Bombay High Court) dated 14/10/2021

Regards,

Bipul Kumar

IFSCA’s InFinity Forum

InFinity Forum is IFSCA’s flagship financial technology and global thought leadership event where pressing problems, progressive ideas, innovative technologies from across the world gets Discovered, Discussed and Developed into Solutions and it unites the world’s leading minds in policy, business, and technology to discuss and come up with actionable insight into how technology and innovation can be leveraged by the FinTech industry for inclusive growth and serving the humanity at large.

“The future of FinTech and Industry 4.0 is emerging in India. Just as India will learn from others, we will share our experience and expertise with the world. Because, what drives India also holds hope for others. And, we dream for India is what we also wish for the world. This is a common journey for all” said PM Modi.

In Union Budget speech 2020-21, Union Minister for Finance Corporate Affairs, Smt. Nirmala Sitharaman announced to support a “World Class FinTech Hub” at GIFT IFSC, country’s first International Financial Services Centre (IFSC). IFSCA is a unified authority for the development and regulation of financial products, financial services and financial institutions in the International Financial Services Centres (IFSCs) in India.

“As the unified regulator for international financial services centers in India, the IFSCA is focused on fostering and enabling growth of the financial services industry on a global scale. Our flagship Infinity Forum is part of our endeavor to bring together all key stakeholders of the global FinTech Industry to explore the limitless future of the industry in the spirit of mutual cooperation. As the Indian Fintech industry grows exponentially, we have a lot to offer and lot to learn from our partner nations and others that successfully have leveraged FinTech for innovation beyond finance.” said Shri Injeti SrinivasChairpersonIFSCA.

The InFinity Forum shall also provide opportunities to

  1. selective FinTech from India and Partner countries including the finalists from sprints organized under I-Sprint’21 series of IFSCA to showcase their innovation in virtual exhibition on 4th December, 2021 and
  2. students of Colleges and Universities from India and Partner Countries to develop and submit Call for Action statements on policy recommendations emanating out of the various sessions at the Forum enabling them to play a key role in shaping the vision and priorities of FinTech industry.

Hon’ble Prime Minister Shri Narendra Modi to inaugurate IFSCA’s InFinity Forum on 3rd December 2021.

The agenda of the Forum will focus on the theme of ‘Beyond’; with various sub themes including:

  1. FinTech beyond boundaries with governments and businesses focussing beyond the geographical boundaries in the development of global stack to promote financial inclusiveness;
  2. FinTech beyond Finance by having convergence with emerging areas such as SpaceTech, GreenTech and AgriTech to drive sustainable development; and
  3. FinTech Beyond Next with focus on how Quantum Computing could impact the nature of Fintech industry in the future and promote new opportunities. Each of the themes extends the realm of FinTech beyond boundaries, keeping in line with the overarching spirit of the event.

Special Credit Linked Capital Subsidy Scheme (SCLCSS) for Services Sector (MSME Press Release dated 19 Nov 2021)

The scheme will help in meeting the technology related requirements of enterprises in the services sector and has a provision of 25% capital subsidy for procurement of Plant & Machinery and service equipments through institutional credit to the SC-ST MSEs without any sector specific restrictions on technology upgradation.

Shri Narayan Rane, Union Minister for MSME launched Special Credit Linked Capital Subsidy Scheme (SCLCSS) for Services Sector today Guwahati.

Judiciary updates (Income Tax)-19 Nov 2021

Income Tax Exemption can’t be denied to BCCI merely because IPL is structured in more Profitable Manner

Board of Control for Cricket in India Vs PCIT (ITAT Mumbai) dated 02/11/2021

ITAT confirms addition of unexplained cash deposited in bank account

Shaheen Khan Vs ITO (ITAT Allahabad) dated 11th NOV 2021

Section 271(1)(c) penalty not sustainable if notice not specifies limb for levy of penalty

DCIT Vs Scooters India Ltd. (ITAT Lucknow) dated 02/11/2021

ITAT restores issue of Eligibility to claim depreciation on goodwill to AO

TUV Rheinland NIFE Academy Private Limited Vs ACIT (ITAT Bangalore) dated 01/11/2021

No addition on account of capitalization of royalty expenses as same is revenue in nature

Honda Motorcycle and Scooter India Pvt. Ltd. Vs ACIT (ITAT Delhi) dated 09/11/2021

Regards,

Bipul Kumar

आयकर विभाग ने दिल्ली और हरियाणा में छापेमारी की (10,000 Cr. टर्नओवर ki फिनटेक कंपनी ) (Ministry of Finance Press Release 17 Nov 2021)

आयकर विभाग ने दिल्ली और हरियाणा में छापेमारी की (10,000 Cr. टर्नओवर ki फिनटेक कंपनी ) (Ministry of Finance Press Release 17 Nov 2021)

जांच के दौरान यह भी पाया गया है कि कंपनी ने विदेशों में काम कर रही इस ग्रुप की अपनी ही कंपनियों को दो साल में सर्विस लेने के बहाने लगभग 500 करोड़ रुपए भेजे हैं। जांच के दौरान यह भी पाया गया कि समूह की कंपनियों को भेजी गई यह रकम या तो दी गई सर्विस के एवज में काफी अधिक है या फिर गलत है। साक्ष्यों से यह भी साफ हुआ है कि वेब आधारित आवेदन के जरिए लोन देने के इस बिजनेस का नियंत्रण विदेश से किया जा रहा है। जांच के दौरान विदेशी नागरिकों सहित प्रमुख लोगों के वक्तव्य लिए गए हैं।

  • 17 Nov 2021

Income Tax Department conducts searches in Pune on heavy machinery Manufacturer (MoF Press Release dated 16th Nov 2021)

Income Tax Department conducts searches in Pune on heavy machinery Manufacturer :  Detection of total unaccounted income exceeding Rs. 200 crore. Out of the above, the assessee group has, so far, admitted to unaccounted income of Rs. 120 crore. Seizure of unaccounted cash and jewellery of Rs. 1 crore.

The Income Tax Department carried out a search and seizure operation on 11.11.2021 on a group at Pune which is engaged in manufacturing of heavy machinery like excavators, cranes, concrete machinery which are used in mining, piling and port, etc. Search operation has covered around 25 locations across 7 cities in India.

During the course of the search, several incriminating documents and materials in the form of electronic data have been found and seized.  Analysis of this evidence shows that the assessee has been suppressing its profit by adopting various malpractices such as, artificial lowering of sales through credit notes, bogus claim of expenses through unsubstantiated trade payables, non-genuine claim of expenses on unused free-of-charge services, non-verifiable commission expenses to related parties, wrongful deferment of revenue and incorrect claims of depreciation, etc. In the case of related entities, evidence of cash receipts by dealers/brokers, unaccounted investment in properties and unaccounted cash loans have also been found and seized.

The search action has resulted in seizure of unaccounted cash and jewellery of Rs. 1 crore. 3 bank lockers found during the search have been placed under restraint.

The search action has led to the detection of total unaccounted income exceeding Rs. 200 crore. Out of the above, the assessee group has, so far, admitted to unaccounted income of Rs. 120 crore.

Further investigations are in progress.

Income Tax Department conducts searches in Andhra Pradesh and Telangana (MoF Press Release dated 16 Nov 2021)

The Income Tax Department carried out search and seizure operations on 10.11.2021 on three different groups at 30 different premises in Visakhapatnam, Hyderabad, Vizianagaram and Srikakulam. These groups are mainly engaged in real estate business of development of residential plots and construction of apartments.

During the search operation, various incriminating evidences such as digital evidence, hand written books, loose sheets containing undisclosed cash transactions were found and seized.  The analysis of this evidence reveals that expenses have been inflated through bogus claims, to suppress taxable income. It was also detected that the groups had resorted to making transactions in cash which have not been reflected in the books of accounts.

So far, unaccounted cash of Rs. 1.20 crore and jewellery valued at Rs. 90 lakh have been seized. Prohibitory orders have been placed on 9 bank lockers. Overall, the search operation has resulted in the detection of undisclosed income to the tune of about Rs.75 crore.

Further investigations are in progress.