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Thứ Hai, 28 tháng 11, 2016

India: New income declaration scheme explained

BS Web Team  |  New Delhi 
Govt has proposed a total tax, penalty and surcharge of 50% on amount deposited since demonetisation

Evasion of taxes deprives the nation of critical resources which could enable the Government to undertake anti-poverty and development programmes. It also puts a disproportionate burden on the honest taxpayers who have to bear the brunt of higher taxes to make up for the revenue leakage. As a step forward to curb black money, bank notes of existing series of denomination of the value of Rs.500 and Rs.1000 [Specified Bank Notes(SBN)] have been recently withdrawn the Reserve Bank of India.

Concerns have been raised that some of the existing provisions of the Income-tax Act, 1961 (the Act) can possibly be used for concealing black money. The Taxation Laws (Second Amendment) Bill, 2016 (‘the Bill’) has been introduced in the Parliament to amend the provisions of the Act to ensure that defaulting assessees are subjected to tax at a higher rate and stringent provision. 

Further, in the wake of declaring specified bank notes “as not legal tender”, there have been suggestions from experts that instead of allowing people to find illegal ways of converting their black money into black again, the Government should give them an opportunity to pay taxes with heavy and allow them to come clean so that not only the Government gets additional revenue for undertaking activities for the welfare of the poor but also the remaining part of the declared income legitimately comes into the formal economy. 

In this backdrop, an alternative Scheme namely, ‘Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016’ (PMGKY) has been proposed in the Bill. The declarant under this regime shall be required to pay tax @ 30% of the undisclosed income, and @10% of the undisclosed income. Further, a to be called ‘Pradhan Mantri Garib Kalyan Cess’ @33% of tax is also proposed to be levied. In addition to tax, and (totaling to approximately 50%), the declarant shall have to deposit 25% of undisclosed income in a Deposit Scheme to be notified by the RBI under the ‘Pradhan Mantri Garib Kalyan Deposit Scheme, 2016’. This amount is proposed to be utilised for the schemes of irrigation, housing, toilets, infrastructure, primary education, primary health, livelihood, etc., so that there is justice and equality. 

An overview of the amendments proposed in the Bill are placed below.
General provision for penalty
(Section 270A) 
Under-reporting - @50% of tax 
Misreporting - @200% of tax
(Under-reporting/ Misreporting income is normally difference between returned income and assessed income)
No changes proposed
Provisions for taxation & of unexplained credit, investment, cash and other assets
TAX  (Section 115BBE)
Flat rate of tax @30% + + cess 
(No expense, deductions, set-off is allowed)
TAX  (Section 115BBE)
Flat rate of tax @60% + @25% of tax (i.e. 15% of such income). So total incidence of tax is 75% approx.
 (No expense, deductions, set-off is allowed)
(Section 271AAC) 
If Assessing Officer determines income referred to in section 115BBE, @10% of tax payable in addition to tax (including surcharge) of 75%. 
for search  seizure cases 
(i) 10% of income, if admitted, returned and taxes are paid
(ii) 20% of income, if not admitted but returned and taxes are paid
(iii) 60% of income in any other case
(i) 30% of income, if admitted, returned and taxes are paid
(ii) 60% of income in any other case
Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016’ (PMGKY)New Taxation and Investment Regime
Undisclosed income in the form of cash & bank deposit can be declared:
(A) Tax, Surcharge, payable
     Tax                   @30% of income declared
                @33% of tax
                    @10% of income declared
       Total                  @50% of income (approx.)
(B)  Deposit
     25% of declared income to be deposited in interest    
     free Deposit Scheme for four years.  


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