Roll out of new Annual Information Statement (AIS) on Income tax portal (MoF Press Release dated 01st Nov 2021)

Income Tax Department has rolled out the new Annual Information Statement (AIS) on the Compliance Portal which provides a comprehensive view of information to a taxpayer with a facility to capture online feedback. The new AIS can be accessed by clicking on the link “Annual Information Statement (AIS)” under the “Services” tab on the new Income tax e-filing portal (https://www.incometax.gov.in) The display of Form 26AS on TRACES portal will also continue in parallel till the new AIS is validated and completely operational.

The new AIS includes additional information relating to interest, dividend, securities transactions, mutual fund transactions, foreign remittance information etc. The reported information has been processed to remove duplicate information. Taxpayer will be able to download AIS information in PDF, JSON, CSV formats.

If the taxpayer feels that the information is incorrect, relates to other person/year, duplicate etc., a facility has been provided to submit online feedback. Feedback can also be furnished by submitting multiple information in bulk. An AIS Utility has also been provided for taxpayers to view AIS and upload feedback in offline manner. The reported value and value after feedback will be shown separately in the AIS. In case the information is modified/denied, the information source may be contacted for confirmation.

A simplified Taxpayer Information Summary (TIS) has also been generated for each taxpayer which shows aggregated value for the taxpayer for ease of filing return.  TIS shows the processed value (i.e.the value generated after deduplication of information based on pre-defined rules) and derived value (i.e. the value derived after considering the taxpayer feedback and processed value). If the taxpayer submits feedback on AIS, the derived information in TIS will be automatically updated in real time. The derived information in TIS will be used for pre-filling of Return (pre-filling will be enabled in a phased manner).

Taxpayers should remember that Annual Information Statement (AIS) includes information presently available with the Income Tax Department. There may be other transactions relating to the taxpayer which are not presently displayed in Annual Information Statement (AIS). Taxpayersshould check all related information and report complete and accurate information in the Income Tax Return.

The taxpayers are requested to view the information shown in Annual Information Statement (AIS) and provide feedback if the information needs modification. The value shown in Taxpayer Information Summary (TIS) may be considered while filing the ITR. In case the ITR has already been filed and some information has not been included in the ITR, the return may be revised to reflectthe correct information.

In case there is a variation between the TDS/TCS information or the details of tax paid as displayed in Form26AS on TRACES portal and the TDS/TCS information or the information relating to tax payment as displayed in AIS on Compliance Portal, the taxpayer may rely on the information displayed on TRACES portal for the purpose of filing of ITR and for other tax compliance purposes.

Taxpayers may refer to the AIS documents (AIS Handbook, Presentation, User Guide and FAQs) provided in “Resources” section or connect with the helpdesk for any queries through “Help”section on the AIS Homepage.

Income Tax raid on road construction contractor in Bihar and Jharkhand (MoF Press Release dated 01st Nov 2021)

The Income Tax Department carried out search and seizure operation on a prominent road construction contractor in Bihar and Jharkhand. The search action was initiated on 27.10.2021 at various premises located in Bihar, Jharkhand, Maharashtra, and West Bengal.

The searches revealed that the group has been suppressing its profits by inflating expenses on purchase of materials. Such excess material is sold in the market in cash but cash so generated remains unaccounted. 

It has been also found that the group has indulged in obtaining accommodation entries for inflating other business expenses. Incriminating documents such as handwritten diaries have been seized from the premises of commission agents who have been assisting the assessee group in these dubious practices. These seized documents carry evidences of unaccounted cash generation and movement of material. The search operation has further revealed that the group is also suppressing contractual receipts and service income. It was further seen that the group is not maintaining proper books of accounts, including supporting documents like bills and vouchers.

 Various incriminating documents recovered and seized during the search indicate the movement of unaccounted cash between different locations for its investment in immovable properties at various locations and cash expenses of personal nature. It has been detected during the search operation that the commission agents and suppliers of bogus bills have also evaded tax on crores of income as they have indulged in providing accommodation entries to other parties as well. 

The search action has resulted in seizure of unaccounted cash of Rs 5.71 crore. Ten bank lockers have been placed under restraint. Investment made in fixed deposits, etc. of about Rs. 60 crore is under verification. The search action has led to the detection of unaccounted income to the tune of about Rs. 100 crore. 

Further investigations are in progress.

Judiciary updates-01st Nov 2021

Dishonour of Cheque issued as Security attracts Section 138 of N.I. Act: SC

Sripati Singh (since deceased) Through His Son Gaurav Singh Vs State of Jharkhand & Anr. (Supreme Court of India) dated 28/10/2021

HC Grants Bail to Person Accused of Money Laundering/Hawala Business

Lal Pabbi Vs Directorate of Enforcement (Punjab & Haryana High Court) dated 27/10/2021

Ad hoc service not to be considered for determining the seniority

 Malook Singh and Others Vs State of Punjab and Others (Supreme Court of India) dated 28/09/2021

Oral hearing is important ingredient of justice delivery system: HC

 Md. Abul Kalam Vs Union of India (Gauhati High Court) dated 27/09/2021

Detention order passed without application of mind is liable to be vitiated

Gopal Gupta Vs Union of India & Ors. (Delhi High Court) dated 06/08/2021

Tribunal can also amend its order for mistake of counsel for parties (Income tax)

 Federal Mogul Goetze (India) Limited Vs ACIT (Delhi High Court) dated 22/10/2021

Section 12A Registration cannot be denied merely for Leasing of Developed Plots to Members

Confederation of Pharma Dealers Association Vs CIT (Exemption) (ITAT Raipur) dated 27/10/2021

Regards,

Bipul Kumar

Judiciary updates (Income Tax) -30th October 2021

No section 271D Penalty on wife for receiving money from husband for purchase of family property

Smt. Meera Devi Kumawat Vs JCIT (ITAT Jaipur): ITA No. 1201/JP/2019 dated 21/10/2021

TPO duty bound to determine ALP by following any one of prescribed methods

Firemenich Aromatics Production (India) Pvt. Ltd. Vs ACIT (ITAT Mumbai) dated 26/10/2021

Section 36 deduction permitted if expenditure is not for extension of business activity

CIT Vs Ceebros Hotels P Ltd. (Madras High Court) dated 05/10/2021

Depreciation allowable on home-theatre used for business purpose

DCIT Vs Tally Solutions Pvt. Ltd. (ITAT Bangalore) dated 14/10/2021

If AO made addition on estimated GP basis than other item-wise disallowance should not be made

Devyani Tex Chem Pvt. Ltd. Vs ACIT (ITAT Surat) dated 22/06/2021

Deemed dividend not attracted on Loan Taken on interest

DCIT Vs Heilgers Development & Construction Company Pvt. Ltd (ITAT Kolkata) dated 18/08/2021

Activity of Providing Affordable Housing by MHADA is Charitable in Nature

Maharashtra Housing & Area Development Authority (MHADA) Vs DCIT (ITAT Mumbai) dated 13/10/2021

ROC expense for enhancement of share capital not allowable

Moldtek Packaging Ltd. Vs ACIT (ITAT Hyderabad) dated 02/07/2021

Addition under section 69A unsustainable for cash deposited as facilitator

Ashish Natvarlal Vashi Vs ITO (ITAT Surat) dated 11/05/2021

Regards,

Bipul Kumar

Judiciary updates-27th Oct 2021 (Income tax, GST & Corporate Laws)

GST

SC: Nature of levy cannot be determined with nomenclature ascribed to Tax

Jalkal Vibhag Nagar Nigam dated SC 22 Oct 2021

Opinion under Section 83 of CGST Act should be strictly based upon material facts

Mutharamman & Co. (Madras HC dated 05/10/2021)

Income Tax

Section 12AA registration cannot be denied without examining the activities

ICRW Group Gratuity Trust Vs CIT (Exemption) (ITAT Delhi) dated 21/10/2021

ITAT explains basic conditions for Satisfaction of reimbursement Claim

Rieter Machine Works Limited Vs ACIT (ITAT Pune) dated 21/10/2021

No attribution of profit in absence of permanent establishment

ESPN Star Sports Mauritius Vs DCIT (ITAT Delhi) dated 20/10/2021

HC dismisses writ petition as petitioner is having alternative statutory remedy of appeal

Ankit Gupta Vs National Faceless Assessment Centre (Rajasthan High Court) dated 21/10/2021

Corporate Laws

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)  dated 08/10/2021

Authorities shall provide opportunity of hearing before arriving at any figure in demand Notice

Golden Trees Plantation Limited Vs Securities And Exchange Board of India (Gujarat High Court) dated 06/09/2021

Calculating limitation period for proceedings under IBC?

V Nagarajan Vs SKS Ispat and Power Ltd.& Ors. (Supreme Court of India) dated 21/10/2021

HC asks govt to keep vigil on ‘Rising Frauds in Aadhaar Enrollment

Naresh Kumar R.P. Vs State of Karnataka (Karnataka High Court) dated 30/09/2021

Benami Act, 1988, would not extend to properties purchased by the company

Kalyan Buildmart Pvt. Ltd. Vs Initiating Officer (Rajasthan High Court) dated 06/10/2021

Regards

Bipul Kumar

Income Tax raid on 2 group (Cycle & Imigration & visa services business) in Punjab (Suprresing turnover about 90 cr, unaccounted income 150 cr.,Seizure of unaccounted cash rs. 2.25 cr.,unaccounted gold rs. 2 cr. ) MoF Press Release dated 26 Oct 2021

The Income Tax Department carried out search and seizure operations in the cases of two groups based in Punjab.

The search action in case of the first group was initiated on 21.10.2021. This group is engaged in Cycle business. The group has been found to be involved in suppression of income by showing bogus intra-group transactions within group concerns. The group was also found to have been involved in receiving a substantial part of sale consideration in cash and thereby suppressing the turnover. The seized documents reveal suppression of turnover of around Rs. 90 crore per annum by a group concern. Incriminating documents related to the undisclosed sale of scrap have also been seized.

The search also revealed undisclosed investments by the group members in immovable properties.

The search action has led to detection of unaccounted income of about Rs. 150 crore. The search action has resulted in seizure of unaccounted cash of Rs. 2.25 crore and seizure of unaccounted gold of Rs. 2 crore in this group.

The second group, based in Jalandhar, is engaged in providing immigration & study visa related services to students. The search action in this group was initiated on 18.10.2021.

The search action has revealed that the group used to charge a package, ranging between Rs.10 lakh to Rs.15 lakh per student, depending on the country where the student wished to pursue education. Almost the entire receipts of the group, aggregating to more than Rs. 200 crore in the last 5 years are in cash. It has also been found that the bank accounts of the employees have been used to receive money, which has subsequently been withdrawn in cash. The profit earned from such receipts has never been disclosed in the Income Tax Returns filed. Only the commission received from foreign universities has been shown as receipts in the Income Tax Returns by the members of the group.

The search action has led to detection of unaccounted income of about Rs. 40 crore. The search action has also resulted in seizure of unaccounted cash of Rs. 20 lakh and seizure of unaccounted jewellery of Rs. 33 lakh.

Further investigations are in progress in both the groups.

Judiciary updates (Income tax & GST)- 25th Oct 2021

Income Tax

ITAT sustains addition of 10% of amount of bogus purchases

Ashoka Buildcon Limited Vs ACIT (ITAT Pune) dated 04/10/2021

Section 148 notice in non-existent company name was bad in law

Transway Wine Pvt. Ltd. Vs PCIT (Calcutta High Court) dated 05/10/2021

HC quashed final assessment order of NaFAC for denial of sufficient time

Sureshkumar S. Lakhotia Vs National e-Assessment Centre & Ors. (Bombay High Court) dated 08/09/2021

Affidavit submitted by Assessee cannot be rejected without any plausible reason

Ashok Kumar Banthia Vs DCIT (ITAT Jodhpur) dated 06/09/2021

GST

Non-Transmission of Data Relating To Export from GSTN to ICEGATE Not A Valid Ground To Withhold Refund

SRC Chemicals Private Limited & Anr. Vs Central Board of Indirect Taxes (Bombay High Court) dated 12/10/2021

GST on land after developing by erecting civil structure or a building or a complex

In re TIF Integrated Industrial Parks PVT Ltd (GST AAR Telangana) dated 30/09/2021

HC makes scathing remarks against dept for not allowing filing of Form Trans-1

Siddharth Enterprises Vs The Nodal Officer (Gujarat High Court) dated 14/10/2021

Regards,

Bipul Kumar

Income Tax Department conducts searches in Nashik (Ministry of Finance Press Release dated 25th Oct 2021)

The Income Tax Department carried out a search and seizure operation on 21.10.2021 in the case of a person engaged in the real estate business, primarily operating as a land aggregator in Nashik.

During the search and seizure operation, many incriminating documents including land agreements, notarized documents and other papers evidencing large scale cash transactions for acquisition of properties have been found and seized. Such transactions are also corroborated by digital evidences extracted from computers and mobile phones.

Further, substantial amount of unaccounted cash was found stored in several private vaults. So far, unaccounted cash of Rs. 23.45 crore has been seized. One locker is under prohibitory orders.

The main persons, who had invested their unaccounted income towards purchase of large patches of land, were also searched. Most of these persons are engaged in the wholesale trading of onions and other cash crops in the Pimpalgaon Baswant region of Maharashtra. Incriminating evidences, including records of large cash transactions made by these traders for making investments in properties, have also been found and seized. Several bank lockers found during the search have been put under prohibitory orders.   

So far unaccounted income of more than Rs. 100 crore has been detected as a result of the search operation. The evidences gathered are being examined and further investigations are in progress.

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Judiciary updates (GST & Income Tax )-23rd Oct 2021

GST

HC issues notice on Plea challenging Constitutional Validity of CGST Rule 90(3)

Neogen Chemicals Ltd. Vs Union of India (Gujarat High Court) dated 20/10/2021

HC makes scathing remarks against dept for not allowing filing of Form Trans-1 Siddharth Enterprises Vs The Nodal Officer (Gujarat High Court) dated 14/10/2021

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN Nkas Services Private Limited Vs State of Jharkhand (Jharkhand High Court) dated 06/10/2021

Advance ruling cannot be obtained in respect of past & completed supply USV Private Limited (GST AAR Maharashtra) dated 14/10/2021

Income Tax

Section 43CA applies when a registered document is executed Spytech Buildcon Vs ACIT (ITAT Jaipur) dated 14/07/2021

ITAT restricts addition to 10% for assessee engaged in business of manpower Santi Ranjan Biswas Vs ITO (ITAT Delhi) dated 14/10/2021

Section 54 deduction available even on amount invested in excess of share in property ITO Vs Rachna Arora (ITAT Chandigarh) dated 31/03/2021

Regards

Bipul Kumar

Judiciary updates (Income Tax)- 20th Oct 2021

HC took strong view against Carelessness by AO in Assessment ( Mantra Industries Limited Vs National Faceless Assessment Centre (NFAC or NeAC) & Ors. (Bombay High Court) dated 11/10/2021)

Amendment in section 36(1)(va) & 43B applicable from 01.04.2021 Gopalakrishna Aswini Kumar Vs Assistant Director of Income Tax (ITAT Banglore) dated 13/10/2021

Reasons recorded on incorrect information are invalid and results in invalidation of reopening (Madan Mohan Tiwari Vs ITO (ITAT Delhi) dated 06/10/2021)

Non-profit making body with objective of protecting trade or commerce would be eligible for exemption  ( Bombay Chamber of Commerce dated 30/09/2021)

No reassessment beyond 4 years on issue already dealt during original assessment ( Saurabh Natvarlal Soparkar Vs ACIT (Ahmedabad High Court)

Reopening could not have been done in absence of new facts coming to knowledge subsequent to original assessment proceedings ( Cognizant Technology Solutions India Private Limited Vs ACIT (Madras High Court) dated 05/10/2021)

Regards,

Bipul Kumar