Income Tax Department’s searches in Maharashtra reveal unaccounted income of over Rs. 184 crore ( Ministry of Finance Press Release dated 15 Oct 2021)

Income Tax Department’s searches in Maharashtra reveal unaccounted income of over Rs. 184 crore ( Ministry of Finance Press Release dated 15 Oct 2021)

The Income Tax Department carried out search and seizure operations on two real estate business groups of Mumbai and certain individuals/ entities associated with them. The search operations commenced on 07.10.2021 and have been carried out at about 70 premises spread across Mumbai, Pune, Baramati, Goa and Jaipur.

The evidence gathered during the search has revealed several prima-facie unaccounted and benami transactions. Incriminating documents, evidencing unaccounted income of about Rs. 184 crore of the two groups have been found.

The search action has led to identification of transactions by these business groups with a web of companies which, prima facie, appear to be suspicious. A preliminary analysis of the flow of funds indicates that there has been an introduction of unaccounted funds in the group by way of various dubious methods like introduction of bogus share premium, suspicious unsecured loans, receipt of unsubstantiated advance for certain services, collusive arbitration deals out of non-existent disputes, etc. It has been observed that such suspicious flow of funds has taken place with the involvement of an influential family of Maharashtra.

The funds so introduced in a dubious manner, have been utilized for acquisition of various assets such as office building at a prime locality in Mumbai, flat in posh locality in Delhi, resort in Goa, agricultural lands in Maharashtra and investments in sugar mills. The book value of these assets aggregates to about Rs. 170 crore.

Unaccounted cash of Rs. 2.13 crore and jewellery of Rs. 4.32 crore have been seized.

Further investigations are in progress.

Judiciary updates (Finance) – 15 Oct 2021

Sec 138 NI Act: Complaint comes to an end Once Accused & Complainant Enter into a Settlement Agreement: SC
Gimpex Private Limited Vs Manoj Goel (Supreme Court of India)

Sec 138 NI Act- Complainant to prove the existence of a debt

V.P. Zacharia Vs State of Kerala (Kerala High Court) 

Section 138 NI Act Directors responsible if they were in charge of & responsible for conduct of business of company: SC

Ashutosh Ashok Parasrampuriya Vs Gharrkul Industries Pvt. Ltd. (Supreme Court of India) 

Sec 138 NI Act- Salutation Like Mr./M/s. while Drawing Cheque are Irrelevant
N. Raveendran Vs Shajahan (Kerala High Court)

Preventive detention order unsustainable on stale or illusory grounds having no real nexus with past prejudicial activity

Naveen Kasera Alias Naveen Agrawal Vs. Union of India (Delhi High Court)

NI Act | Section 139 Presumption if signature on cheque is admitted

Triyambak S. Hegde Vs Sripad (Supreme Court of India) 

Regards,
Bipul Kumar

Judiciary updates- Income Tax (14th October 2021)

Section 54F exemption available on Multiple Flats obtained under JDA

(Ganga Poorna Prasad Vs ACIT (ITAT Bangalore) dated 07/10/2021)

An agreement shall reflect a true commercial substance of transaction

 Parexel International Clinical Research Private Limited Vs DCIT (ITAT Bangalore) dated 07th Oct 2021

Onus lies on person who alleges untruthfulness against other persons

Jainarayan Hariram Goel Charitable Trust Vs CIT (Exemption) (ITAT Raipur) dated 02/08/2021

Companies with turnover of less than Rs. 200 crores cannot be compared with companies having turnover exceeding Rs. 200 crores

 Biesse Manufacturing Company Pvt. Ltd. Vs DCIT (ITAT Bangalore) dated 11/10/2021

Irrecoverable Loss due to Technical Snags & Bad Weather Conditions allowable

ITO Vs Roj Enterprises Pvt. Ltd. (ITAT Pune) dated 08/10/2021

Regards

Bipul Kumar

Over 2 crore Income Tax Returns filed on the e-Filing portal of the Income Tax Department (MOF Press Release dated 14th Oct 2021)

The e-filing portal of the Income Tax Department (www.incometax.gov.in) has marked receipt of more than 2 crore Income Tax returns as on 13th October 2021. The new portal was launched on 7th June, 2021 and in the initial period taxpayers had reported glitches and difficulties in the functioning of the portal. A number of technical issues have since been resolved and the performance of the portal has substantially stabilized.

Over 13.44 crore unique taxpayers have logged in till 13th October, 2021.  Approximately 54.70 lakh taxpayers have availed of ‘forgot password’ facility to obtain their passwords.

            All Income Tax Returns have been made available for e-filing. More than 2 crore ITRs for AY 2021-22 have been filed on the portal, of which ITRs 1 & 4 constitute 86%. It is encouraging to note that more than 1.70 crore returns have been e-verified, out of which 1.49 crore are through Aadhaar based OTP. The process of e-verification through Aadhaar OTP and other methods is important for the Department to commence processing of the ITR and to issue refunds, if any.

Of the verified ITRs 1 & 4, over 1.06 crore ITRs have been processed and over 36.22 lakh refunds for AY 2021-22 have been issued. Processing of ITRs 2  & 3 will be taken up shortly.

The Digital Signature (DSC) registration of non-residents has been enabled and overall 4.87 lakh DSCs have been registered. In the simplified process of DSC registration any individual has to register his DSC only once and can use it across any entity where the individual is a partner, director etc without having to re-register again against each entity or role.

Over 15.72 lakh Statutory Forms have been submitted including 9.08 lakh TDS statements, 1.29 lakh Form 10A for registration of Trusts/institutions, 1.98 lakh Form 10E for arrears of salary, 23,920 Form 35 pertaining to filing of Appeal and 22,075 DTVSV Form 4 till 13th October, 2021.  In response to feedback from taxpayers, the submission process of 15CA and 15CB forms required for foreign remittances has been revamped. Over 1.83 lakh 15CA and 37,870 15CB forms have been filed. More than 21.40 lakh e-PANs have been allotted online free of cost. The Legal Heir functionality has been enabled for registrations and compliance

Further, e-proceedings and faceless proceedings have been enabled with functionalities including video conferencing for assessment and seeking adjournments or appointment and filings by Authorized Representatives. Taxpayers have been able to view over 12.20 lakh Notices issued by the Department under the Faceless Assessment/Appeal/Penalty proceedings, to which over 6.24 lakh responses have been filed.

The Income Tax Department strongly urges all taxpayers to view their Form 26AS through the e-filing portal to verify the accuracy of the TDS and Tax Payments and avail of pre-filling of ITRs.

All taxpayers who are yet to file their Income Tax returns for AY 2021-22 are requested to file their returns at the earliest.

Latest Landmark Judicial Updates (Supreme Court) -14th Oct 2021

Will cannot be doubted merely for Exclusion of brother or sister: SC

V. Prabhakara Vs Basavaraj K. (Dead) By Lr. & Anr. (Supreme Court of India) dated 07th Oct 2021

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In a contempt jurisdiction, Court cannot travel beyond original judgment: SC

V. Senthur And Another Vs M. Vijayakumar (Supreme Court of India) dated 01/10/2021

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SC allows CBI to continue investigation against ITO & her Husband now Minister in AP Govt

( Central Bureau of Investigation (CB) And Anr. Vs Thommandru Hannah Vijayalakshmi (Supreme Court of India) dated 08/10/2021

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Mere Revenue Record is not A Document of Title & not create any right : SC

( Prabhagiya Van Adhikari Awadh Van Prabhag Vs Arun Kumar Bhardwaj (Dead) Thr. Lrs (Supreme Court of India) dated 05th Oct 2021

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Onus to Prove Deficiency in Service is on Complainant: SC SGS India Ltd. Vs Dolphin International Ltd. (Supreme Court) dated 06/10/2021

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Mere Truthful Declaration of Criminal Cases cannot compel an Employer to Appoint a Candidate: SC

 (Union of India And Others Vs Methu Meda (Supreme Court of India) dated 06/10/2021

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Stamp Duty refund cannot be denied for delay in Application due to Judicial Proceedings
Rajeev Nohwar Vs Chief Controlling Revenue Authority Maharashtra State, Pune and Others (Supreme Court of India)
Dated 24 Sept 2021

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Beneficial scheme cannot run contrary to express terms of provisions

Union of India Vs Abhiram Verma (Supreme Court of India) dated 30 Sept 2021

Regards,
Bipul Kumar

Automotive Industry : Notification of Mass Emission Standards for E12 AND E15 fuels

Ministry of Road Transport & Highways

Notification of Mass Emission Standards for E12 AND E15 fuels

Posted Date:- Oct 13, 2021

Ministry of Road Transport and Highways vide GSR 728 (E) dated 11th October 2021 has notified mass emission standards for E 12 (12% Ethanol with Gasoline) and E15 (15% Ethanol 12 with gasoline) fuels. This will enable the Automotive Industry to manufacture E 12 and E 15 compliant motor vehicles.

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Click here to see Notification

MJPSRelease Id :-1763584

1 arrested by Delhi CGST Officials for fraudulently claiming ITC of Rs 134 crore

Ministry of Finance Press Release dated 13 Oct 2021

The officers of Central Goods and Services Tax (CGST) Commissionerate, Delhi East, carried out the detailed analysis and unearthed a network of fictitious exporters who were availing and utilizing fake Input Tax Credit (ITC) of Rs 134 crore under the Goods and Services Tax (GST) with an intent to claim IGST refund fraudulently.

On the basis of Risk Analysis, a risky exporter M/s Vibe Tradex was identified for scrutiny. M/s Vibe Tradex is engaged in export of Pan Masala, chewing tobacco, FMCG goods etc.

The network of fictitious exporters was being operated by a person named Mr Chirag Goel, who is an MBA from University of Sunderland, UK. On an extensive analysis of the e-Way Bills generated by two supplier firms/ companies owned by his associate, who is at large, it was found that the vehicles for which the e-way Bill were generated for purported supply of goods were being used in distant cities namely Gujrat, Maharashtra, Madhya Pradesh and had never entered Delhi during the said period.  The fake Input Tax Credit availed and utilized is Rs. 134 crore.  

Mr Chirag Goel masterminded a deep-rooted conspiracy to defraud the Government and committed offences specified under Section 132(1)(c) of the CGST Act, 2017 which are cognizable and non-bailable.  He has been remanded to judicial custody by the Metropolitan Magistrate Patiala House Courts, New Delhi, for a period 14 days till 26.10.2021.  Further investigation in the case is under progress.

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RM/KMNRelease Id :-1763540

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Judiciary updates- Company Laws 13th Oct 2021

  1. NCLAT has power to grant case withdrawal under Rule 11 of NCLT Rules Anuj Tejpal Vs Rakesh Yadav (NCLAT Delhi) dated 07/07/2021
  2. Writ petition against an order of NCLT not maintainable before HC

Ideal Surgicals Vs National Company Law Tribunal (Kerala High Court) dated 02/07/2021

3. DIN of director cannot be deactivated merely for section 164(2) disqualification
Zacharta Maramkandathil Mohan Vs Union of India (Kerala High Court) dated 16/06/2021

4. For Cases admitted by NCLT all proceeding should be concluded by NCLT only

Shriraj Investment and Finance Ltd. & Ors. and Casper Consumer Electronics Pvt. Ltd. Vs Union of India & Anr. (Delhi High Court): W.P.(CRL) 1823/2020, & W.P.(CRL) 1414/2021 dated 14th Sept 2021

5. NCLAT set aside unsavoury observations/comments in NCLT order

Chalasani Udaya Sankar Vs Lexus Technologies Pvt. Ltd. (NCLAT Chennai) dated 13/07/2021

6. HC directs Official Liquidator to pay unsecured creditor with 4% interest Govt of India Vs Mewar Textiles And Ors (Rajasthan High Court, Jodhpur Bench) dated 20/07/2021

7. Statutory dues cannot be claimed if not exists in company’s approved RP for DHFL Piramal Capital (Housing Finance Ltd. Vs Administrator, Dewan Housing Finance Corporation Ltd. (NCLAT Delhi) dated 12/07/2021

8. Liquidation should be the last resort after proper evaluation & calibration  Lotus City Plot Buyers Welfare Association Vs Three C Homes Pvt. Ltd dated 08/07/2021

9. Application to enforce shareholders right under board resolution is to be made before NCLT Jaiveer Singh Virk Vs Sir Sobha Singh & Sons Pvt. Ltd. (Delhi High Court) dated 01/03/2021

10. RoC cannot deactivate Director Identification Number (DIN) : HC

 Baalu Renukadevi Vs Union of India (Madras High Court) dated 30/04/2021

Regards,
Bipul Kumar

Income Tax Department conducts searches in Bengaluru (MoF Press Release dated 12 Oct 2021)

The Income Tax Department carried out search and seizure operations in the case of three major contractors based out of Bengaluru engaged in the execution of irrigation and highway projects. The searches commenced on 07.10.2021 have been carried out at 47 premises spread across 4 states.

During the search action, it was found that these three groups were involved in suppression of their income by resorting to bogus purchases; inflation of labour expenses; booking of bogus sub-contract expenses etc. The investigation revealed that one of the groups has booked bogus sub-contract expenses in the name of about 40 individuals of no means and unconnected to the construction business. Upon enquiry, these individuals have admitted to the said manipulation.

One of the groups admitted to having indulged in inflation of labour expenses amounting to Rs. 382 crore. Further, another group has been found to have taken accommodation entries, from non-existing paper companies, to the extent of Rs. 105 crore, which stands admitted by this group.

Various incriminating evidences in the form of physical documents, digital evidences, etc. have been found and have been seized. During the search, unaccounted cash of Rs. 4.69 crore; unaccounted jewellery & bullion valued at Rs. 8.67 crore; and silver articles valued at Rs. 29.83 lakh have been seized.

The search & seizure actions in these three groups have resulted in detection of undisclosed income of about Rs. 750 crore. Out of this, aggregate amount of Rs.487 crore has been admitted by the respective group entities as their undisclosed income.

Further investigations are in progress.

Leading India’s intervention, Shri Piyush Goyal calls for waiver of IPR and dismantling new trade barriersin the global fight against the pandemic

Ministry of Commerce & Industry Press Release dated 12th Oct 2021

Leading India’s intervention, Shri Piyush Goyal calls for waiver of IPR and dismantling new trade barriersin the global fight against the pandemic


“We need to actively resolve new trade barriers like vaccine differentiations or COVID passports, which impose mobility restrictions and impede the movement of personnel needed for delivering critical services:” Shri Goyal’ssays at G20 Trade Ministers

Shri Goyal asks countries engaged in distant water fishing to stop subsidizing their fishing in high seas and gradually reduce their fishing capacities, particularly, for overfished stocks

Shri Piyush Goyal urges Developed Countries to fulfil their commitments regarding Transfer OfTechnology and Climate Finance

“India among few countries on track to exceed SDG commitments as per the Paris Agreement,” says Shri Goyal

Shri Piyush Goyal meets Ministers of G 20 to advance India’s trade position and negotiated bilateral and multilateral agreements

The Union Minister of Commerce & Industry, Consumer Affairs & Food & Public Distribution and Textiles, Shri Piyush Goyal has called for waiver of Intellectual Property Rights (IPR) and dismantling new trade barriers in the global fight against the COVID19 pandemic.

“Our response to the pandemic needs to ensure equitable access to vaccines and other COVID-19 related health products by ensuring quick resolution of the supply side constraints. One of the ways to demonstrate this is by accepting the TRIPS waiver proposal,” Shri Goyal said, in his address to the G20 Trade and Investment Ministerial Meeting in Naples, Italy today.

Shri Goyal called for actively resolving new trade barriers like vaccine differentiations or COVID passports, which impose mobility restrictions and impede the movement of personnel needed for delivering critical services.

“COVID-19 crisis is a powerful reminder of our inter-connectedness, and the need for a coordinated global strategy to overcome such an unprecedented public health situation,” he said.

Shri Goyal underlined the need for an early universal vaccination against Covid19.

“Apart from focusing on facilitating free flow of goods, I invite G20 countries to join in efforts to make health services accessible and more affordable by the citizens of the world by enabling free flow of health services,” he said, adding,“as a quick response to the pandemic, I am happy to inform that our telemedicine initiative “e Sanjeevani”, has been serving millions of Indians. I am happy to offer it to the entire world.”

Calling for an equitable and balanced outcome to the trade negotiations in the Fisheries sector, Shri Goyal advocated that countries engaged in distant water fishing should stop subsidizing their fishing in high seas and gradually reduce their fishing capacities, particularly, for overfished stocks.

“To achieve balanced outcomes in Fisheries Subsidies, policy space for future is a must, not only to protect the livelihoods of poor and marginal fishermen and address, the food security concerns but also to diversify, modernise and develop the fisheries sector, he said. Separately, Shri Goyal also discussed the Agreement on joint multilateral positions in Fisheries etc with his Australian counterpart during a one-to-one meeting yesterday.

In his G20 Ministerial Address, meanwhile, Shri Goyal also said India is committed towards the United Nations 2030 Agenda on Sustainable Development and the Sustainable Development Goals (SDGs).  

“India is among the few countries which is on track to exceed its commitments as per the Paris Agreement. We urge the Members to fulfil their commitments regarding Transfer Of Technology and Climate Finance, which are far from being fulfilled by the Developed Countries,” he said.

Shri Goyal said sustainability cannot be seen in isolation and has to be linked to making available grant based, long tenure, low cost and concessional & affordable technologies.

 “India has consistently maintained that environmental/sustainability measures need careful assessment to ensure that they do not become new trade barriers and the right forum for them is the dedicated Multilateral Environmental Agreements,” he said.

On Tuesday, it turned out to be a power packed day for Commerce Minister Piyush Goyal on the sidelines of the G20 Trade Ministers Meeting at Sorrento, Italy. He met with nearly 15 Ministers to advance India’s trade position and negotiated bilateral and multilateral agreements. Among the countries and dignitaries met included DG WTO, US, UK, EU, Brazil, China, Australia, South Africa, Indonesia, Canada, South Korea and Mexico.

Shri Goyal unequivocally put forth the position that India is working towards the success of the upcoming WTO 12thMinisterial Conference (WTO MC12) next month but the outcome must be just and equitable. “Historical wrongs against developing countries must be corrected rather than being carried over,” he said.

In his meetings with the Canadian Minister, Shri Goyal discussed steps to take forward the FTA negotiations with the newly elected Government while he called upon his South Korean and EU counterparts to accelerate review of the FTA. With the Mexican Minister, Shri Goyal discussed cooperation in healthcare. Shri Goyal also met with the DG, WTO to discuss the MC12 agenda.