Income Tax Department conducts searches on groups engaged in the business of Digital Marketing & Waste Management (Ministry of Finance Press Release dated 17th Oct 2021)

The Income Tax Department initiated search and seizure operations in two groups based in several States on 12.10.2021.

The first group is engaged in digital marketing and campaign management wherein the search operations have been carried out at 7 premises located in Bengaluru, Surat, Chandigarh, and Mohali.

Incriminating evidence found reveals that the group has been engaged in obtaining accommodation entries using an entry operator. The entry operator has admitted to have facilitated transfer of cash and unaccounted income of the group through Hawala operators.

Inflation of expenditure and under-reporting of revenue has also been detected. The group has also been found to be indulging in unaccounted cash payments.  It is also found that personal expenses of the directors have been booked as business expenses in the books of accounts. Luxurious vehicles used by the directors and their family members are found to have been purchased in the names of employees and entry provider.

The second group searched is engaged in Solid Waste Management comprising solid waste collection, transportation, processing and disposal services across the country, primarily catering to Indian municipalities.

During the course of the search, various incriminating documents, loose papers and digital evidences have been seized. Evidence found reveals that this group has indulged in booking of bogus bills for expenses and sub-contracts. A preliminary estimate of such bogus expenses booked is to the tune of Rs.70 crore.

The search action has led to the detection of unaccounted investment in property of about Rs. 7 crore. Apart from this, the search action has resulted in seizure of unaccounted cash of Rs. 1.95 crore and jewellery of Rs. 65 lakh.

Further investigations are in progress in both the groups.

Income-tax Department’s searches in NCR, Haryana & WB reveal large scale under-invoicing of imports (Ministry of Finance Press Release dated 16 Oct 2021)

The Income Tax Department carried out search and seizure operations on an importer and trader of laptops, mobile phones and peripheral parts. The search operations commenced on 10.10.2021 and were spread across the National Capital Region, Haryana and West Bengal.

During the course of the search, several incriminating documents, diaries and digital evidences have been found which reveal that the group is entrenched into large scale under-invoicing and wrongful declaration of goods imported by it. Large number of evidences indicating unrecorded transactions, unaccounted investment in properties, bogus loans taken, etc. have also been gathered.

The modus operandi involves import of goods in the name of shell entities at under-valued and/or wrongful declaration of description of goods imported, with an intent to evade customs duty. Upon clearance at port(s), such goods have been found to be distributed throughout India by way of out-of-books cash transactions. This aspect has been fortified while searching one of the containers at Kolkata Port, where the bill of lading declared the goods as ‘HDMI cables’ valued at Rs 3.8 lakh. However, on de-sealing and searching the same, it has been revealed that the actual goods imported are high value items like laptops, mobile phones etc which are valued at Rs. 64 crore.

The evidences found and seized during the course of the search reveal that the payments for such under-invoiced goods to the foreign consigners have been made through hawala channels. Almost the entire business has been found to be run through such modus-operandi.

Though the value of imports declared at the port of entry by the use of such shell entities in the past 3 years is about Rs. 20 crore, it is estimated that the actual value during this period could be more than Rs. 2000 crore, given the scale of massive under-valuation detected.

The wealth, so generated, has been used for acquisition of high value immovable properties; disguising of cash introduced in the form of bogus rental income and bogus unsecured loans; and deposits in foreign bank accounts.

During the course of the search, unaccounted cash of Rs. 2.75 crore has been seized.

Further investigations are in progress.

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- 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.

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.

Income Tax Judiciary updates -09 Oct 2021

1. Share Transfer without consideration or at a price lower than FMV not attracts Section 56(2)(vii)
(ITO Vs. Shri Rajeev Ratanlal Tulshyan (ITAT Mumbai) order dated 01 Oct 2021)

2. Direct beneficial interest in asset/ bank account is a pre-requisite for issuing Notice u/s 148 (DCIT Vs Ganpat Singhvi (ITAT Mumbai, order dated 01 Oct 2021)

3. Computer accessories & peripherals entitled to higher depreciation rate (Waters (India) Private Limited Vs DCIT (ITAT Bangalore Order dated 01-10-2021)

4 SC defers hearing in Faceless Assessment Scheme for 3 Months
( Central Board of Direct Taxes Vs Lakshya Budhiraja & Anr. (Supreme Court of India dated 01 Oct 2021)

5 TNMM is most appropriate method if transactions are relatable & inter­related (Wieland Metals India Private Ltd. Vs ITO (ITAT Bangalore dated 22 Sept 2021)

6. AO cannot estimate GP rate without rejection of books & without showing defects ( Sanjay Agrawal Vs DCIT (ITAT Raipur) dated 24 Sept 2021)

7.No disallowance under rule 8D(2)(ii) RW section 14A if interest free funds exceeds investment (Nashik Road Deolali Vyapari Sahakari Bank Ltd. Vs ACIT (ITAT Pune) dated 16 Sept 2021)

8. Deduction of Interest waived under OTS Scheme DCIT Vs K.S. Diesels Ltd. (ITAT Mumbai) dated 29th Sept 2021

Cash seizure of over Rs. 142 crore in searches of Income Tax Department in Hyderabad (MoF Press Release dated 09th Oct 2021)

The Income Tax Department carried out search & seizure operations on 06.10.2021 on a major Pharmaceutical group based out of Hyderabad. This Pharmaceutical group is engaged in the business of manufacturing of intermediates, Active Pharmaceutical Ingredients (APIs) and formulations. Majority of the products are exported to foreign countries i.e. USA, Europe, Dubai and other African countries.  The search operation was carried out at about 50 locations in 6 States.

During the searches, hideouts were identified where second set of books of accounts and cash were found. Incriminating evidence in the form of digital media, pen drives, documents, etc. have been found and seized. Incriminating digital evidences were gathered from SAP @ ERP software maintained by the assessee group.

During these searches, issues relating to discrepancies in purchases made from bogus and non-existent entities and artificial inflation of certain heads of expenditure were detected. Further, evidence of on-money payment for purchase of lands was also found. Various other legal issues were also identified such as personal expenses being booked in the company’s books and land purchased by related parties below government registration value.

During the search, several bank lockers have been found, out of which 16 lockers have been operated. The searches have resulted in seizure of unexplained cash amounting to Rs. 142.87 crore so far. The unaccounted income unearthed is estimated to be in the range of about Rs 550 crore till now.

Further investigations and quantification of undisclosed income detected is in progress.

Tax Department conducts searches in Assam, Meghalaya and West Bengal (Ministry of Finance Press Release dated 08th Oct 2021)

The Income Tax Department carried out search and seizure operations on 05.10.2021 in the case of two groups based in the North-East Region and West Bengal. A total of 15 premises were covered in the search action, which was spread across Kolkata, Guwahati, Rangia, Shillong and Patna.  

One of the groups is engaged in the business of cement manufacturing. During the search action, it was found that this group generated unaccounted income by indulging in out-of-books sales and booking bogus expenses. This unaccounted income is laundered back into the business through shell companies. Evidences found during the search revealed that many paper companies are run by the group to provide accommodation entries to its flagship concern. These paper companies were found to be non-existent at their given addresses. During the search, incriminating evidence indicating bogus unsecured loans, bogus commission paid, bogus share premium received through shell companies etc. was also found. These evidences indicate that an amount of more than Rs. 50 crore may be unaccounted. The group was also found to be wrongly showing tribal individuals as creditors, such amounts being to the tune of around Rs. 38 crore. Further, details of certain offshore entities/ bank accounts were found during the search, which are apparently not declared in the relevant returns of income.

The other group is actively engaged in executing railway contracts in Assam, Mizoram and other parts of North East. During the search action, incriminating documents, loose sheets and digital evidences were seized indicating undisclosed investments in land and properties. Large number of sale deeds pertaining to land and properties have been found, the valuation whereof could be in excess of Rs. 110 crore. During the search, corroborative evidence could not be produced to explain the source of acquisition of these assets. Further, documents containing details of cash transactions amounting to more than Rs. 13 crore in the sale of properties have been found.

These search and seizure actions resulted in detection of undisclosed income in excess of Rs. 250 crore. Unaccounted cash of more than Rs. 51 lakh has been seized. Nine bank lockers have been put under prohibitory orders and are yet to be operated.

Further investigations are in progress.

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.