New Delhi, June 17: Further tightening the noose around tax evaders, the Narendra Modi government would no longer allow defaulters to escape by paying a penalty and interest. The I-T department would now initiate legal action against evaders based on their case. The new income tax rules, said to be stringent by experts, come into effect from today, June 17, 2019.
The guidelines would apply to all cases for compounding received on or after this date. Listing 13 cases, where the offences are not to be generally compounded, and also grouping the offences in two parts, the Central Board of Direct Taxes (CBDT) has directed its senior officers to circulate the revised guidelines for compliance by concerned authorities. Manpasand Beverages MD, CFO Arrested in Rs 40 Crore Fake Invoice GST Fraud
Offences forming category 'A' include failure to pay tax deducted at source under Chapter XVII-B or tax payable under Section 115-0. Failure to pay the tax collected at source also falls under this category.
The category 'B' offences include willful attempt to evade tax, failure to produce accounts and documents, and false statement in verification.
While the first category offences are open to compounding, offences such as willful evasion of tax and removal or concealment or transfer or delivery of property to thwart tax recovery in a search operation are not to be compounded.
"Offences under Sections 275A, 275B and 276 of the Act will not be compounded," said the new guideline that supersedes the one issued in 2014.
The guidelines state that a category 'A' offence on more than three occasions would not be generally compounded.
Any offence which has bearing on any offence under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 would not be generally compounded, the revised guidelines said.
Further, any offence which has bearing on any offence under the Benami Transactions (Prohibition) Act, 1988 would not merit compounding by tax authorities.
The CBDT guidelines said that offences committed by a person which, as per the information available with the Principal Chief Commissioner of Income Tax and other officials concerned, have a bearing on a case under investigation (at any stage including enquiry, filing of FIR/complaint) by the Enforcement Directorate, CBI, Lokpal, Lokayukta or any other Central or state agency are also not to be normally compounded.
"Notwithstanding anything contained in these guidelines, the Finance Minister may relax restrictions in Para 8.1 for compounding of an offence in a deserving case, on consideration of a report from the Board on the petition of an applicant," said the tax body.
(With IANS inputs)