Tax Department conducts searches on certain businessmen/middlemen in Maharashtra (Ministry of Finance Press Release dated 07 Oct 2021)

The Income Tax Department carried out a search operation that commenced on 23.09.2021 on a big syndicate involving certain businessmen/middlemen of Maharashtra and some persons holding public offices. The intelligence was developed over 6 months. In all, 25 residential and 15 office premises were covered under the search, while 4 offices were covered under survey. Some suites in Oberoi Hotel in Mumbai, permanently rented by two of the middlemen and used for meeting their clients, were also subjected to search. The syndicate, consisting of businessmen/middlemen/associates and persons holding public offices, used various code names in their records and in one case had back-dated records by 10 years. The total transactions detected during this search are to the tune of Rs. 1050 crore.

These middle men provided end-to-end services to corporates and entrepreneurs from land allotment to obtaining all governmental clearances. Despite using encrypted modes of communication and sanitising devices, the Income Tax teams were able to recover critical digital evidence and also located a secret hideout from where various incriminating evidences were recovered. The liaisoners also used ‘angadiyas’ for transfer of cash and Rs.150 lakh was seized from one of the angadiyas during the search.

The documents recovered include a summary of overall cash generated and disbursed giving the particulars of the amounts received and receivable, each being more than Rs. 200 crore. Key areas of generation of this money have been found to be cash paid by bureaucrats for getting key postings under a certain Ministry, cash paid by the contractors for getting payments released etc. Major amount of cash collected had been distributed to various persons, including someone who is mentioned under a code name.

Furthermore, one of the businessmen/middlemen had also amassed huge unaccounted income by purchasing lands from farmers and transferring the same to Government undertakings/big corporates. Many senior bureaucrats/their relatives and other prominent people have been found to have invested in these schemes.

During the search, evidence unearthed at the office premises includes date-wise transactions for a certain period of cash deposits of around Rs. 27 crore and cash payments of around Rs. 40 crore. Further, evidences have been found of cash payments to the tune of Rs. 23 crore made to various persons, whose names are prefixed with various code words. The said middle man receives payments from various businessmen and industrialists for getting lands under the schemes of Government undertakings, extension of tenders/mining contracts, etc. Further, in a WhatsApp chat, particulars of cash transactions have been found showing receipts of cash of around Rs. 16 crore and outflow of around Rs. 12 crore.

Some of the persons searched have their own real estate and construction businesses, in respect of which evidences of cash receipts/payments have also been found.

Voluminous digital data has been recovered and seized from mobile phones, pen-drives, hard drives, iCloud, e-mails etc. which is being examined and analyzed.

So far, cash of more than Rs. 4.6 crore and jewellery valued at Rs. 3.42 crore have been seized. 4 lockers found during the search operation have been put under restraint orders.

Further investigations are in progress.

Notification issued on incentives and disincentives pertaining to Vehicle Scrapping Policy

In the Vehicle Scrapping Policy, it is proposed to have a system of incentives and disincentives to nudge vehicle owners to discard old and polluting vehicles, which have higher maintenance and fuel consumption costs.         

          In this regard, the Ministry of Road Transport and Highways has issued a GSR Notification, 714(E) dated 04.10.2021 in the Gazette of India, which shall come into force from the 1st day of April, 2022.  Details are as below:

  1. As an incentive, there will be waiver of the fee for issue of certificate of registration for a new vehicle, purchased against the authority of the Certificate of Deposit (CoD) issued by a Registered Vehicle Scrapping Facility for a vehicle being scrapped. 
  2. As regards disincentives, there will be:
  1. Increase in the fee for conducting fitness test and renewal of fitness certificate for motor vehicles more than 15 years old,
  2. Increase in the fitness certification fee for transport vehicles more than 15 years old, and
  3. Increase in the renewal of registration fee for personal vehicles (non transport vehicles) more than 15 years old.

Click here to open the Gazette notification    

Ministry of Road Transport & Highways

Press Release dated 05 Oct 2021

आइये विचार करें- 05 Oct 2021

आइये विचार करें- 05 Oct 2021

पूंजी अपने-आप में बुरी नहीं है, उसके गलत उपयोग में ही बुराई है. किसी ना किसी रूप में पूंजी की आवश्यकता हमेशा रहेगी।

विश्व के सभी धर्म, भले ही और चीजों में अंतर रखते हों, लेकिन सभी इस बात पर एकमत हैं कि दुनिया में कुछ नहीं बस सत्य जीवित रहता है।

निरंतर विकास जीवन का नियम है , और जो व्यक्ति खुद को सही दिखाने  के लिए हमेशा अपनी रूढ़िवादिता को बरकरार रखने की कोशिश करता है वो खुद को गलत स्थिति में पंहुचा देता है।

🙏🙏🙏🙏🙏
💐💐💐💐💐

Happy CS day💐💐💐💐💐Finance Minister Smt. Nirmala Sitharaman celebrates 53rd Foundation Day of the ICSI (MCA Press Release dated 04th Oct 2021)

Company Secretaries should look beyond their existing set of responsibilities and partner with the Ministries and the Regulatory Authorities in easing compliances for the tax paying citizens. This was said by Union Minister of Finance & Corporate Affairs Smt. Nirmala Sitharaman at the 53rd Foundation Day celebrations of the Institute of Company Secretaries of India (ICSI) here today.

Chief Guest and the Finance Minister, Smt. Sitharaman, appreciated the ICSI for attuning the celebration with Azadi Ka Amrit Mahotsav and choosing the theme “Powering Atmanirbhar Bharat through Entrepreneurship and Innovation” in tandem with this vision.

The Finance Minister expressed her delight while complimenting the Company Secretaries for their commendable job during the COVID-19 pandemic and further urged the youth of the country to join this profession as this role will expand further in the future in Sunrise Sector.

The commemoration also witnessed the presence of Dr. T.V. Somanathan, Finance Secretary & Secretary, Department of Expenditure, Ministry of Finance, Government of India and Shri Rajesh Verma, Secretary, Ministry of Corporate Affairs, as guests of honour.

Dr. T.V. Somanathan complimented the Institute for doing a remarkable job in promoting Good Corporate Governance in the last 53 years. While discussing about the importance of the role of Company Secretaries he said, “You are the experts of compliances and your exemplary advice will help corporates in getting rid of extra compliance”.

Shri Rajesh Verma lauded the efforts of Company Secretaries in providing every assistance to the Ministry for various incorporations and other services to the stakeholders. Shri Verma also mentioned that “ICSI has been instrumental in providing valuable suggestions for bringing necessary amendments in the Companies Act, LLP Act and formulation of BRR Committee Report”.

On this momentous occasion, the ICSI launched its 5th Overseas Centre in Australia at the hands of the Finance Minister, Smt. Nirmala Sitharaman, reaffirming the progression of the profession and the evolved role of the Institute in global Corporate Governance arena. The Institute also launched a publication, Referencer on SEBI (Share based employee benefit and sweat equity) Regulations 2021.

Elated to be a part of this glorious journey of ICSI, CS Nagendra D. Rao, president, the ICSI, emphasised on taking forward the recovery and the re-growth process to build a strong and resilient economic system that will be dominant in the world. He mentioned that “the focus of the Institute in the near future will be upon: Skill Based Development; Usage of Technology; Globalisation of the Profession; Research & Skill Development Centres & Propagation of Governance Standards build by ICSI”.

CS Devendra V Deshpande, Vice-President, the ICSI, highlighted on the various collaborations undertaken by the ICSI. He further added “Let us go beyond our recognition of KMP & become professionals with holistic approach and provide solutions to all stakeholders.

CS Ranjeet Pandey, Past President, ICSI, in his address shared the glorious journey of 53 years of the ICSI.

The second half of the celebration continued with a thematic Panel Discussion on “Powering Atmanirbhar Bharat through Entrepreneurship and Innovation”. Distinguished panelists comprised of Mr Deepak Bagla, MD & CEO, Invest India; Mr Bejon Kumar Misra, International Consumer Policy Expert and Founder, Consumer Online Foundation; Mr Yadvendra Tyagi, Founder ENKASH and Mr Narendra Kumar Shyamsukha, Founder & Chairman, ICA Eduskills, who all gave excellent insights on Entrepreneurship and Innovation ecosystem in India.

Income Tax Department conducts searches in Maharashtra, Karnataka & Uttar Pradesh (MOF Press Release dated 04th Oct 2021)

The Income Tax Department carried outa search and seizure operation on 30.09.2021 on 37 premises spread across multiple cities including Mumbai, Pune, Noida & Bangalore. These groups/individuals were in varied businesses such as cable manufacturing, real estate, textile, printing machineries, hotels, logistics etc.

During the course of the search operation, several incriminating documents, loose sheets, diaries, emails and other digital evidences etc. have been unearthed which indicates ownership of a large number of foreign bank accounts and immovable properties, unreported to the Department. These groups/individuals utilized the services of a Dubai based financial service provider to create a dubious and complex web of foreign companies and trusts based in tax havens such as Mauritius, UAE, BVI, Gibraltar etc. to hold their unaccounted assets.

The credits in the bank accounts of these groups and individuals maintained by the Dubai based financial service provider exceed 100 Million US Dollars  ( about Rs. 750 crore) accumulated over a decade and were found to be parked in bank accounts  in Switzerland, UAE, Malaysia and several other countries. Evidences gathered during the search operation reveal that the undisclosed funds parked abroad have been used by these groups for acquiring immovable properties in several countries such as UK, Portugal, UAE etc in the name of defunct companies incorporated abroad, with funds layered through foreign bank accounts, for meeting the personal expenses of the promoters and their family members abroad and routing back funds in their Indian entities.

During the course of the search, evidence related to bogus payments to suppliers for generating cash, unaccounted cash expenditure, hawala transactions, over-invoicing have also been gathered. Unaccounted cash and jewellery to the tune of over Rs. 2 crore has been seized from the residential and business premises respectively. More than 50 bank lockers have been kept under restraint.

Further investigations are in progress.

Cases pertaining to ‘Pandora Papers’ to be investigated (Ministry of Finance Press Release dated 04th Aug 2021)

On 3rd October, 2021, the International Consortium of International Journalists (ICIJ) has come out with what is claimed to be a 2.94 terabyte data trove that exposes the offshore secrets of wealthy elites from more than 200 countries and territories. The investigation is based on a leak of confidential records of 14 offshore service providers that give professional services to wealthy individuals and corporations seeking to incorporate shell companies, trusts, foundations and other entities in low or no-tax jurisdictions.

The Government has taken note of these developments. The relevant investigative agencies would undertake investigation in these cases and appropriate action would be taken in such cases as per law. With a view to ensure effective investigation in these cases, the Government will also proactively engage with foreign jurisdictions for obtaining information in respect of relevant taxpayers/entities. The Government of India is also part of an Inter-Governmental Group that ensures collaboration and experience sharing to effectively address tax risks associated with such leaks.

It may be noted that following earlier similar such leaks in the form of ICIJ, HSBC, Panama Papers and Paradise Papers, the Government has already enacted the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 with an aim to curb black money, or undisclosed foreign assets and income by imposing suitable tax and penalty on such income. Undisclosed credits of Rs. 20,352 crore approximately (status as on 15.09.2021) have been detected in the investigations carried out in the Panama and Paradise Papers.

Names of only a few Indians (legal entities as well as individuals) have appeared so far in the media. Even the ICIJ website (www.icij.org) has not yet released the names and other particulars of all the entities. The website of ICIJ suggests that information will be released in phases and structured data connected to the Pandora Papers investigation will be released only in the days to come on its Offshore Leaks Database.

Further, the Government has directed today that, investigations in cases of Pandora Papers leaks appearing in the media under the name ‘PANDORA PAPERS’ will be monitored through the Multi Agency Group, headed by the Chairman, CBDT, having representatives from CBDT, ED, RBI & FIU.

Income Tax Department conducts searches in Ahmedabad (Ministry of Finance Press Release dated 02 Oct 2021)

The Income Tax Department carried out search & seizure operations on 28.09.2021 on a real estate developer group and the brokers connected with this group. Total of 22 residential and business premises were covered in the operation.

In the case of the real estate developer group, a large number of incriminating documents, loose papers, digital evidences etc. have been found and seized. These evidences contain detailed records of the group’s unaccounted transactions spread across multiple financial years. Documents showing unaccounted investment in land of more than Rs. 200 crore and unaccounted cash receipts from sale of land amounting to more than Rs. 100 crore have been found and seized so far. A large number of original documents of properties purchased over the years which are apparently held in the name of benami individuals have also been found.

​In the case of the broker, documents showing details of payments in cash and in cheques relating to transactions of purchase and sale of land carried out through the broker have been found. Documents showing cash transactions of more than Rs. 230 crore in these land deals have been found and seized so far.

The documents found reveal unaccounted income of more than Rs. 200 crore in the hands of the real estate group and also unaccounted income of more than Rs. 200 crore in the hands of the parties recorded  in the documents found from the possession of the brokers. Over all, the search & seizure operation has resulted in the detection of unaccounted transactions of more than Rs. 500 crore.

24 lockers have also been found during the course of the search and seizure operation which have been put under restraint. Cash of approximately Rs.1 crore and jewellery worth Rs. 98 lakh have been seized so far.

​The search and seizure operation is still continuing and further investigations are in progress.

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CBDT notifies Rules for implementing the amendments made by the Taxation Laws (Amendment) Act, 2021 (Ministry of Finance Press Release dated 02 Oct 2021)

The Taxation Laws (Amendment) Act, 2021 (2021 Act), inter-alia, amended the Income-tax Act, 1961 (Income-tax Act) so as to provide that no tax demand shall be raised in future on the basis of the amendment to section 9 of the Income-tax Act made vide Finance Act, 2012 for any offshore indirect transfer of Indian assets if the transaction was undertaken before 28th May, 2012 (i.e., the date on which the Finance Bill, 2012 received the assent of the President).

The 2021 Act also provides that the demand raised for offshore indirect transfer of Indian assets made before 28th May, 2012 (including the validation of demand provided under Section 119 of the Finance Act 2012) shall be nullified on fulfillment of specified conditions such as withdrawal or furnishing of undertaking for withdrawal of pending litigation and furnishing of an undertaking to the effect that no claim for cost, damages, interest, etc. shall be filed and such other conditions are fulfilled as may be prescribed.  The amount paid/collected in these cases shall be refunded, without any interest, on fulfillment of the said conditions.

The draft rules, to amend the Income-tax Rules, 1962, prescribing the specified conditions as referred above and providing the form and manner for furnishing of undertaking for withdrawal of pending litigation, claiming no cost, damages, interest, etc. were circulated in public domain on 28th August, 2021, inviting suggestions/comments from all stakeholders by the 4th of September, 2021.

After examining the stakeholder comments and incorporating several suggestions contained therein, the rules for implementing the 2021 Act have been published in the Official Gazette vide Notification No. GSR 713(E) dated 1st October, 2021 wherein the following rules have been inserted to the Income-tax Rules, 1962:

  1. Rule 11UE which provides for the specified conditions in order to be eligible to claim relief under 2021 Act; and
  2. Rule 11UF which provides the form and manner of furnishing the undertaking for withdrawal of pending litigation, claiming no cost, damages, etc.

The notification containing the above rules can be accessed at www.incometaxindia.gov.in.

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