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CONSEQUENCES OF UNDISCLOSED INCOME UNDER INCOME DISCLOSURE SCHEME, 2016
The last date for declaring undisclosed income with the Income Tax Department is 30th September 2016. The Department is carrying on survey and raid on the taxpayers evading tax. Also the department is conducting inquiry and collecting information from financial institutions, banks, co-operative banks, etc.

Undisclosed Income

1.      Bullion, jewelry or precious stone
2.      Archaeological collections
3.      Drawings, paintings, sculptures or any work of art
4.      Shares & securities (quoted & unquoted)
5.      Immovable property
6.       Interest in a partnership firm
7.      Any other asset such as
                    i.            Undisclosed Bank Accounts
                  ii.            Fixed Deposit
                iii.            Deposit in Cooperative Bank
                 iv.            Investment in Credit Co-operative Societies
                   v.            Unaccounted transactions with financial institutions etc.

Relating to any financial year up to 2015-16

Scope of the Scheme

A declaration under the aforesaid Scheme may be made in respect of any income or income in the form of investment in any asset located in India and acquired from income chargeable to tax under the Income-tax Act for any assessment year prior to the assessment year 2017-18 for which the declarant had, either failed to furnish a return under section 139 of the Income-tax Act, or failed to disclose such income in a return furnished before the date of commencement of the Scheme, or such income had escaped assessment by reason of the omission or failure on the part of such person to make a return under the Income-tax Act or to disclose fully and truly all material facts necessary for the assessment or otherwise. Where the income chargeable to tax is declared in the form of investment in any asset, the fair market value of such asset as on 1st June, 2016 computed in accordance with Rule 3 of the Income Declaration Scheme Rules, 2016 shall be deemed to be the undisclosed income.

Who can make a Declaration?

All “Persons” such as
1.      Individuals
2.      HUFs
3.      Companies
4.      Firms
5.      Association of Persons

Amounts payable by declarant
1.      Tax @ 30% of undisclosed income
2.      Surcharge @ 7.5% of undisclosed income
3.      Penalty @ 7.5% of undisclosed income
TOTAL 45% OF UNDISCLOSED INCOME DECLARED

Benefits of Declaration

1.      No Wealth Tax on assets declared
2.      No scrutiny or enquiry under Income-tax Act and Wealth Tax Act in respect of declaration
3.      Immunity from prosecution under Income Tax Act and Wealth Tax Act in respect of declaration
4.      Immunity from Benami Transactions (Prohibition) Act, subject to transfer of assets by the benamidar to the real owner before 30.09.2017

Effect of Non-declaration

Undisclosed income and the value of any asset acquired out of such income in any year up to FY 2015-16 which is not declared under the Scheme will be brought to tax in the year in which notice is issued by the Department and all consequences including, interest, penalty & prosecution under I-T Act will follow accordingly.

Non-Applicability

1.      Notice has been issued under section 142(1)/143(2)/148/153A/153C of IT Act (debarred only for AY for which notice is issued)
2.      Search/Survey have been conducted
3.      Income sought to be declared is chargeable under the Black Money Act, 2015
4.      COFEPOSA detainees, persons notified under Special Courts Act 1992, cases of prosecution under NDPS Act, Prevention of Corruption Act, and certain offences under Indian Penal Code

Clarifications

1.      Fair market value of asset as on 01.06.2016 (determined as per Rule 3) to be declared.
2.      Report of Registered Valuer to be obtained.
3.      Where undisclosed income invested in any asset is declared under the Scheme & tax, surcharge and penalty are duly paid on its fair market value as on 01.06.2016 then, any capital gains arising upon its sale in future will be computed by adopting such fair market value as on 01.06.2016 as the cost of acquisition and the period of holding shall also start from that date.
4.      A person is only ineligible to declare income for those assessment years for which a notice under section 142(1)/143(2)/148/153A/153C is issued and the proceeding is pending before the Assessing Officer. He is free to declare undisclosed income for other years for which no notice under the sections has been issued.
5.      Where investment in any asset is partly from explained sources (income already assessed to tax) and partly from undisclosed income, proportionate reduction shall be allowed in determining the amount to be declared under the Scheme.
6.      Where assessment has already been completed and case is pending in appeal before any appellate authority, declaration cannot be filed in respect such income. However, any undisclosed income for that AY which has not been assessed can be declared.
7.      If a declaration of undisclosed income is made in good faith but is found ineligible under the Scheme on account of any of the conditions debarring such declaration, the harsh consequences of non-declaration under the Scheme shall not apply, but such income may be assessed under the normal provisions of the Income-tax Act.
8.      After the declaration is made the PCIT/CIT will enquire whether any proceeding under section 142(1)/143(2)/148/153A/153C is pending for the assessment year for which declaration has been made. Apart from this no other enquiry will be conducted by him at the time of declaration.
9.       Information contained in in the declaration is confidential as in the case of return of income filed by an assessee.






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