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Income Tax Department to issue 7 lakh letters seeking Information in respect of High Value Transactions

Under the Annual Information Returns (AIR), various types of high-value transactions were being reported to the Income Tax Department. These include reporting of cash deposits of Rs.10,00,000 or more in a saving bank account, sale/purchase of immovable property valued at Rs. 30,00,000 or more, etc. Many of these transactions do not have PAN linked to it. The Department has details of about 90 lakh such transactions for the period 2009-10 to 2016-17. The Income Tax Department has with the help of in-house computer techniques, grouped such non-PAN transactions and identified 7 lakh high-risk clusters having around 14 lakh non-PAN transactions which are being scrutinized by the Income Tax Department closely. 

The Department will be issuing letters to the parties of these transactions requesting them to provide their PAN number against these transactions. For the convenience of the parties to whom these letters are addressed, a new functionality on e-filing portal has been developed wherein they can own up transactions and provide structured response electronically. The parties can log-in to their e-filing website and by quoting a Unique Transaction Sequence Number provided in the letter sent to them, can link their transaction with their PAN easily. They will also be able to give a response to this letter electronically by choosing the option of either owning up the transaction or denying the transaction as their own. The responses received from such parties online will be examined by the Department. The Department will initiate further necessary action in those cases where no replies are received. 


The members of public who receive such letters are requested to kindly cooperate in the matter. They may use the Departmental helpline to ask questions, as far as possible, instead of making direct contact with any officials of the Income Tax Department. Members of public are advised not to entertain any claims from unscrupulous elements who may offer their help in complying with such communication by falsely representing themselves to be the agents of Income Tax department in the matter.



(Meenakshi J Goswami) 
Commissioner of Income Tax 
(Media and Technical Policy) 
 Official Spokesperson, CBDT.

Compulsory manual selection of cases for scrutiny during the F.Y 2013-14.


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Banks will function on Saturday and Sunday to accept advance tax; it can be paid even on Sept. 16, 2013 - CBDT

CBDT PRESS RELEASE, DATED 12-9-2013

It is informed that the payment of Quarterly Advance Tax on or before 15th September, 2013 by the tax payers is a statutory requirement. All such tax payers who are liable to pay advance tax must make payments in the designated branches of the banks authorized to accept tax payments.

2. All such designated branches of authorized banks have been asked to function on 14th and 15th September, 2013 (Saturday & Sunday) to accept advance tax payments. If any tax payer fails to pay the advance tax on 14th/15th September, 2013, he can make the payment even on 16th September, 2013. - www.pib.nic.in

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Notification for Extension of date for receipt of ITR-Vs in CPC. Bengaluru, for the cases of AY 2012-13 and 2011-12 received in e-filed in FY 20l2-13.

Notification for Extension of date for receipt of ITR-Vs
in CPC
There are many taxpayers who have uploaded their Income Tax Returns electronically (without digital signature Certificate) for A.Y. 2011l-12 [filed during F.Y. 20l2-13] and for ITRs of A.Y. 2OL2-13 [filed on or after 1.4.2012], but have either not filed the corresponding ITR-V or have filed it with the local Income-tax office. ITR-V is accepted only at the Centralized Processing Center (CPC) of the Income-tax Department at Bengaluru by ordinary or speed post. Therefore, a final opportunity is being given to such
taxpayers to regularize their Income-tax returns.

All such taxpayers may mail the ITR-V, by 3!st October, 2OL3, by ordinary post or speed post at Post Bag No. 1, Electronic City Post Office, Bengaluru - 560100 (Karnataka). Taxpayers who have filed their ITR-V with the local Income-tax office may again mail their ITR-V to the CPC by 31st October, 2013. Those taxpayers who have earlier mailed their ITR-V, but have not received the acknowledgement e-mail from the CPC, may mail their ITR-V to the CPC again.

The ITR-V form should be mailed to the CPC only at the above address by ordinary post or speed post. Taxpayers may note that no other place or form of delivery will be accepted.

Taxpayers may also note that without acknowledgement of the ITR-V from the CPC it would not be possible for the Income-tax Department to process the Income-tax returns or issue any refunds therefrom, as these would be treated as not having been filed with the Department.

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Applicability of Form 15CA and 15CB w.e.f 01/10/2013

CBDT has again changed the Rule 37BB of Income Tax Rule and the new rule will help the Indian Parties remitting/paying the monies to foreign persons/companies. Now it has been provided  that in case of 28 types of payments , there shall be no need to submit Form 15CA or obtaining Form 15CB.


Changes in New Form 15CA
Part A of Form 15 CA (Form 15CB not required)
Particulars
Changes
Who Shall Fill It
To be filled up if the remittance to non resident or to a foreign company do not exceed Rs. 50000 per transaction and aggregate of such payments made during the financial year does not exceed Rs. 2,50,000
What information has to be filled
1. Particulars of Remitter, Remittee, Remittance made and TDS
2. Mandatory to furnish PAN of Remitter, if tax is deducted
3. Form prescribes mandatory application of provisions of Section 206AA, if remittance is chargeable to tax and PAN of remittee is not available.
4. E-mail and Phone Number of remittee to be furnished, if available

Part B of Form 15 CA (Form 15CB not required)
Who Shall Fill It
To be filled up if the remittance is covered by specified list (given in Explanation to Rule 37BB) and the amount paid to the non-resident or foreign company is claimed not chargeable to tax.
What information has to be filled
1. Details of Remitter, Remittee and Remittance.
2. In addition, nature of remittance, relevant code of specified list (given in Explanation to Rule 37BB) under which remittance is covered and information to be provided regarding the country of residence of the remittee, if available.
3. Form 15CB is not required to be furnished if remittance is covered in this part.

Part C of Form 15 CA ***(Form 15CB required)
Who Shall Fill It
To be filled up for remittances other those specified in Part A and Part B
What information has to be filled
1. Forms prescribe mandatory application of provisions of Section 206AA, if PAN of remittee is not available;
2. Other Details
Secion A:
Details of Remitter, Remittee and Accountant to be specified in this section
Secion B:
Particulars of remittance and TDS (as per certificate of accountant), namely:
a. Taxability under the Income Tax Act
b. Taxability under the relevant DTAA
c. Details of TRC (Tax Residency Certificate)
d. Bifurcation of capital gains, if any, into short-term, long-term capital gains and the basis of arriving at taxable income
*** Part C of Form 15CA is to be filled after obtaining either of the below
§  a certificate in form no. 15cb from an accountant (chartered accountant) or
§  a certificate from the Assessing Officer (AO) under Sec 197 or
§  an order from AO under sub-sec (2) or sub-section (3) of sec 195
Changes in New Form 15CB
Additional details to be provided in new Form 15CB are
§  Taxability under the Income-tax Act without considering the relief of the DTAA
§  If income is chargeable to tax in India and relief is claimed under the DTAA, whether TRC has been obtained from the recipient?

§  If remittance is on account of capital gains details of amount of short-term, long-term capital gains and the basis of arriving at the taxable income.


What are the List of Payments Exempt from Filing of Form 15CA?
The Rule 37BB also contains a Specified List on which Rule 37BB(1) does not apply. This is cleared in the Rule itself by adding an explanation 2 as under
Explanation 2.—For the removal of doubts, it is hereby clarified that for payments of the nature specified in column (3) of the specified list below, no information is required to be furnished under sub-rule (1).

Here is the list of 28 Types of Payments

SPECIFIED LIST:


Sl. No.
(1)
Purpose code as per RBI
(2)
Nature of payment
(3)
1
S0001
Indian investment abroad -in equity capital (shares)
2
S0002
Indian investment abroad -in debt securities
3
S0003
Indian investment abroad -in branches and wholly owned subsidiaries
4
S0004
Indian investment abroad -in subsidiaries and associates
5
S0005
Indian investment abroad -in real estate
6
S0011
Loans extended to Non-Residents
7
S0202
Payment for operating expenses of Indian shipping companies operating abroad.
8
S0208
Operating expenses of Indian Airlines companies operating abroad
9
S0212
Booking of passages abroad – Airlines companies
10
S0301
Remittance towards business travel.
11
S0302
Travel under basic travel quota (BTQ)
12
S0303
Travel for pilgrimage
13
S0304
Travel for medical treatment
14
S0305
Travel for education (including fees, hostel expenses etc.)
15
S0401
Postal services
16
S0501
Construction of projects abroad by Indian companies including import of goods at
project site
17
S0602
Freight insurance – relating to import and export of goods
18
S1011
Payments for maintenance of offices abroad
19
S1201
Maintenance of Indian embassies abroad
20
S1202
Remittances by foreign embassies in India
21
S1301
Remittance by non-residents towards family maintenance and savings
22
S1302
Remittance towards personal gifts and donations
23
S1303
Remittance towards donations to religious and charitable institutions abroad
24
S1304
Remittance towards grants and donations to other governments and charitable institutions established by the governments.
25
S1305
Contributions or donations by the Government to international institutions
26
S1306
Remittance towards payment or refund of taxes.
27
S1501
Refunds or rebates or reduction in invoice value on account of exports
28
S1503
Payments by residents for international bidding”.

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