A platform to honour honest taxpayers will strengthen compliance and broaden tax base

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Prime Minister Narendra Modi announced several tax measures on the eve of India’s Independence Day last week honouring the honest tax-paying citizen.

You will now have to file your income-tax (IT) return or pay higher percentage of tax deduction at source if you make certain spends in a year.

 If you spend Rs 20,000 a year as hotel expenses, property tax or even a health insurance premium, then your transactions would be reported. Similarly, if your annual rent exceeds Rs 40,000, life insurance premium is at least Rs 50,000 or electricity bills of Rs 1 lakh or more during a financial year, then you would be answerable to the taxman either via notices or through mandatory filing of returns.

 

The motive of the move is to check whether your spending is in line with the income you actually disclose in your return.

The Government has been shunting all doors to not only reduce the number of all cash transactions, but also increase the number of returns filed. The new move to collect spending data is another tool in the armoury to curb tax evasion.

Are transactions tracked currently?

The existing income tax rules mandate financial institutions such as banks, mutual fund houses, share registrar and transfer agents,sub-registrars to report high value transactions exceeding a specified limit during a financial year to the Income Tax Department.

So, a bank has to report details of every account holder who makes cash deposits of more than Rs 10 lakh in a year in a savings account or makes a payment of more than Rs 2 lakh from his credit card in a year. Similarly, asset management companies are required to report details of all the investors who invest more than Rs 2 lakh in a single mutual fund scheme. Now not only your investments and financial transactions, but also your specific spends will be tracked.

Do I have to inform the government of all my spends?

No. You do not have to go out of your way to inform the government or anyone, unless asked for in the tax return forms. Your purchases and expenses beyond a threshold will be mentioned in the returns of the hotel, electronic goods seller, artist, school, ceramic supplier or the Registrar in the case of property purchase, apart from banks, mutual fund houses, life and general insurance companies.

The details mapped to you would be reflected in your individual tax statement or Form 26AS. This form would be available on your income-tax website login.

The moment your spends in any of the high-spend categories mentioned, exceed the respective threshold limits, your Form 26AS would capture it. In other words, you have to file your tax returns.

Non-filing of ITR may have severe consequences for a person, who is otherwise required to file an ITR. Apart from attracting interest, late fee and penalty, wilful non-filing of ITR may also attract criminal prosecution.

The new move has been part of the government’s move to widen the tax net and get more and more people to file their income tax returns. A total of about 55 lakh or 80 per cent of the total returns are filed by people having an income of up to Rs 5 lakh, as per the Central Board of Direct Tax’s numbers as of July 31, 2020.

Only 5,066 individuals, who have an income above Rs 1 crore file returns, accounting for 0.73 per cent of the total individual tax returns.

Taxpayers would not need to mention their high-value transactions in their income tax returns, said officials in the know of the matter, but added that broadening the scope of reporting financial transactions by third parties had become vital since taxation was moving towards a faceless approach.

It’s clarified that only third parties would report high-value transactions to the income tax department as per the Income Tax Act. The information would be used to identify people who are not paying up due taxes, and not for examining affairs of honest taxpayers.

“The information will be used to identify those who are either not filing the returns or the income disclosed in the returns are not proportionate to the pattern of expenditure reported in the statement of financial transactions (SFTs),” the official said.

Data analytics and artificial intelligence will be used for this, instead of manual intervention.

Terming the method as most ‘non-intrusive’, the official said it would be used for identifying those who spend big money on business class air travel, foreign travel and expensive hotels or send their children to expensive schools, but do not pay taxes, claiming their income to be under Rs 2.5 lakh a year.

Prime Minister Narendra Modi flagged this very issue on Thursday, and asked people to pay their fair share of taxes, given that the country’s tax base was relatively small.

“Only 1.5 crore people pay taxes in a country of 130 crores,” he pointed out while launching a taxpayer’s charter and faceless assessment, aimed at improving transparency in tax administration.

“No doubt, the third-party reporting of high-value transactions made by such non-filers would allow the department to nudge such persons to file their returns and pay their due tax,” the official said.

How blockchain will fundamentally change our lives in future

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Blockchain has the potential and can be implemented across diverse sectors such as banking, education, and health.

The use of the internet has undergone rapid evolution in a matter of a few decades.

In the 1990s, the internet was described as “a wide-area hypermedia information retrieval initiative aiming to give universal access to a large universe of documents” or simply put, ‘The Internet of Information’ which was primarily used to access data resources and services administered on the web browsers.

Back then, no one would have thought how it would fundamentally change our daily lives in the future. It has rapidly evolved from a platform to gather information to a space where we can shop, bank and communicate. The digital revolution has made the world realise the value of the internet and its implementations.

So, today we are gradually moving towards what Canadian strategist Don Tapscott calls ‘The Internet of Value’; that is the fountainhead of digital assets. Blockchain, which allows us to enable the exchange of any asset across the globe in real-time, ranging from stocks and bonds to music and art, is the next inevitable step in the global progress towards ‘The Internet of Value’.

Various applications of the internet have been made possible which are efficient like peer-to-peer money transfer, because internet reduces the transactional and communication cost to a bare minimum. This is the same force driving the new platforms that have emerged to deliver goods and services at levels of efficiency previously unimaginable, and blockchain is leading the revolution in redefining the new-age internet.

Like a traditional ledger, blockchain is essentially a record of transactions. These transactions can be any movement of money, goods or secure data — for example, a purchase at a supermarket, or the assignment of an Aadhar number. It works in three basic steps. First, it gathers data that the user has provided in forms of smart contracts, transactions IDs. Second, it orders the received data into blocks and finally chains them together securely using cryptography making it decentralised and accessible via any computer/mobile device across the network.

Now the question here is why do we need it? What is it that will change the way groceries are bought, stocks are purchased, money is transferred, bills are paid, and land deeds are made? The answer possibly can be the demand for trust and security emerging from both people and enterprises alike. Blockchain best serves these purposes as the trust factor is native to the medium. For example, if you are transferring money online to your friend, then your medium becomes the internet and to secure your transfer, a clever programming code is written. The same concept is applied by blockchain, but the security is made more secure by cryptography.

Blockchain has the potential and can be implemented across diverse sectors such as banking, education, and health. For instance, we keep our savings, assets and cash with banks because they are trustworthy and secure. However, their data is centralised, making them quite prone to cybercriminals that can bring the entire banking system to a halt. Now consider a person working abroad who wants to send a remittance to his family back home but has to encounter multiple clearances before his family receives it. With blockchain technology, the concept of crypto currency comes into picture, thus resulting in an open-access registry of monetary flows which makes the intermediation of financial institutions unnecessary and even costs less.

Second, in the field of healthcare, while big data analytics and artificial intelligence are simplifying healthcare delivery by smartly diagnosing the diseases from the patterns of numerous plugged-in electrocardiograms, blockchain is turning out to be a perfect platform for recording the medical attention of a patient and identifying a trend from the data recorded. Consider health card: A database which can be perceived as your health identity as it carries your entire medical history. Such technologies can find effective application in reducing information asymmetries within the healthcare and insurance markets by providing the most accurate data on patients.

Finally, blockchain can reorient the education system by delivering academic transparency. It can build an e-portfolio of academic credentials which has your test scores since the day you entered school. Paying for school fee in crypto currency — which is decentralised — from anywhere around the world on a secured network is commendable. Hence, this multi-trillion-dollar industry of education is indeed revolutionising.

Also, if implemented in government operations, blockchain will help break down barriers built from bureaucracy and corruption by providing a means to bypass existing power structures. It could be used to transform the way charities are created and regulated. By implementing a transparent system of transactions that include deposits of cash, transfers of donation and expenses spending will bring about a paradigm shift on how rules are enforced for these organisations.

Moreover, this technology has the competence to revamp the present system by automating manual processes, eradicating frauds and controlling the issues for authorisation. Its implementation across diverse sectors can be a solution to the most foundational problems of mankind. Hence, blockchain could be the perfect platform to transform a knowledge-driven economy into a digital-inclusive society.

CBDT shoots off letter to taxmen, says don’t go overboard on fishing and roving inquiries in wake of demonetisation drive

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The move comes at a time when the tax department’s field formations have apparently been on an overdrive after the demonetisation move brought large chunks of supposedly tax-evaded cash into the banking system.

The Central Board of Direct Taxes (CBDT) has sent a missive to all assessing officers (AOs) to stick to protocol while pursuing cases of “limited scrutiny” and not resort to “fishing and roving inquiries” in such cases.

The Central Board of Direct Taxes (CBDT) has sent a missive to all assessing officers (AOs) to stick to protocol while pursuing cases of “limited scrutiny” and not resort to “fishing and roving inquiries” in such cases. The move comes at a time when the tax department’s field formations have apparently been on an overdrive after the demonetisation move brought large chunks of supposedly tax-evaded cash into the banking system. The department selects cases of “limited scrutiny” — which restricts probe into a single aspect rather than a complete appraisal of tax liability — through Computer Aided Scrutiny Selection (CASS). The data mined include annual information reports and 26AS, which includes tax payment/TDS history. In its latest direction to the assessing officers (AOs), the board said it has come across instances where AOs have ventured beyond their jurisdiction while making assessments in ‘limited scrutiny’ cases by initiating inquiries on new issues without following the due procedure.

“These instances have been viewed very seriously by the CBDT and in one case, the Central Inspection Team of CBDT was tasked with examination of assessment records on receipt of allegations of several irregularities,” the letter said. The CBDT in fact suspended the officer concerned after it was found that there was no reason recorded for expanding the scope of limited scrutiny. Violating standard operating procedure, the officer had not sought approval from principal commissioner for converting limited scrutiny cases into a complete scrutiny case. Moreover, the AO hadn’t maintained the order sheet properly, which gave rise to strong suspicion of mala fide intentions. The purpose of introducing ‘limited scrutiny’ was to curb overarching powers of AOs and improve ease of paying taxes. The CBDT has previously issued instruction to AOs to confine the questionnaire to the specific issues and complete the case expeditiously in a limited number of hearings.

The CBDT reiterated that AOs must maintain “order-sheet” properly by ensuring that the minutes of the hearing in a case are entered along with relevant date. Further, it said that the order-sheet must have entries for each posting, hearing and seeking and granting of adjournments. Order-sheet is meant to chronicle the progress of an assessment case by the concerned official. “Suspension of undisciplined officers clearly conveys the message that the government aims to make India’s taxation regime transparent, non-adversarial and taxpayer friendly. But the established fact is that real picture is drawn from the enforcement and not policy formulation. Hoping that the tax authorities follow the instructions diligently going forward and end the era a tax terrorism,” Rakesh Nangia, managing partner at Nangia & Co said.

Source: Financial Express

I-T plans to pursue property-holders who have never filed income tax returns

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The tax authorities now have the ability to analyse the data they get from multiple sources to identify evaders.

Income tax authorities plan to pursue those who have properties in their name but haven’t ever filed income tax returns on the suspicion that these may be benami holdings on behalf of people looking to conceal their wealth. The exercise is part of the government’s crackdown on black money.

The findings have emerged from the analysis of vast amounts of data that the government has collected. “We have a lot of data from various sources including on investments in property by people who have never filed returns,” said an income tax official. This information will be verified to ascertain the source of income used for the purchase of the properties and to see if these are being held by benami owners.

Enforcement action will be taken only in cases where there is concrete evidence, the official said. Otherwise, tax authorities will follow a non-intrusive approach. In some instances, the properties purchased exceed the income declared and in others, no income tax return has been filed.
The tax authorities now have the ability to analyse the data they get from multiple sources to identify evaders.

Spending and investment data are used to create profiles of individuals and matched with incomes declared in returns. Aside from this, more than 550,000 people have been identified for further probe as part of the second phase of Operation Clean Money for having deposited cash incommensurate with their declared income.

Besides this, some individuals reportedly carried out property transactions after demonetisation. The government had resolved to put in place a stringent framework to deal with black money soon after taking over in May 2014, in line with election promises. It has since taken a series of measures including the establishment of a special investigation team on black money and put in place a new law to deal with undisclosed overseas assets, apart from the benami legislation. Demonetisation of the Rs 500 and Rs 1,000 notes in November last year was also pitched as a battle against black money.

The income-tax department launched Operation Clean Money soon after the demonetisation exercise. It identified 1.8 million persons for e-verification of large cash deposits.

 

The department has now moved on to phase two of the operation, which also includes a crackdown on benami properties.

The Benami Properties (Prohibition) Act empowers the income tax authorities to confiscate and prosecute both the depositor and the person whose illegal money he or she has “adjusted” in their account. It attracts a heavy fine that could be as much 25% of the fair market value of the asset and rigorous imprisonment of up to seven years.

ET View: Bring Real Estate Under GST
Real estate is a sink for money laundering. The annual information returns, that identify potential tax payers by examining their spending patterns, is useful to track evaders. Property registrars also file information returns. As the department gets a mine of information, it must deploy big data analytics to analyse these transactions. The need is also to bring real estate under the ambit of the goods and services tax to curb benami deals.

 

Source: The Economic Times

Government draws up checklists for GST audits

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In the past week, the government has reached out to tax commissioners on the audit process, highlighting the risk areas.

The Centre has created a detailed road map for goods and services tax (GST) audits barely 20 days after the levy’s rollout, listing risks, target industries and even potential auditees for officials examining corporate India’s transition to the new regime.

In the past week, the government has reached out to tax commissioners on the audit process, highlighting the risk areas. Beginning next week, therefore, officials could visit companies to assess whether the transition from the multiple to the single producer levy from July 1 stuck to the rule book.

Their mode of inspection will also be very different from the traditional script. “They would focus on credit transfer or transition from the old tax regime to GST. The government already has the requisite sets of data in place for this,” a tax official told ET on the condition of anonymity.

The government has shared sector-wise “risk factors” companies might exploit to avoid paying GST. According to the tax official quoted above, categorisation or risk evaluation for these audits has been created by using Big Data analytics.

The government has used statistics of the last two financial years to create the audit checklist.

In the internal government note shared with middle-rung tax officials, they have also been told to cause the “least inconvenience” to auditees and to even educate the taxpayers, especially small and medium enterprises (SMEs).

Industry experts, however, pointed out that a granular scrutiny could mean additional tax-related effort at many companies, as the GST audits would also take earlier taxes into account while evaluating the transition.

‘Extra book-keeping effort’

“The decision to focus on risk-based parameters in determining the audit plan is good. However, since the audits to be undertaken now would focus on earlier legislation such as excise and service tax, taxpayers will grapple with both the earlier legislation and the new legislation (GST) simultaneously,” said MS Mani, partner, GST, Deloitte India. “It would significantly increase the focus and time taken to attend to tax matters.”

A list of auditees, made up of large, medium, and small-scale companies across the country, was also shared with the tax commissioners. “Most of the companies have manipulated the system while transitioning credits from excise and service tax to GST. This is what would be the focus of the tax audits initially,” a senior tax official told ET.

Tax officials have been asked to first examine a specific list of companies. This was disclosed in an official communication by the director general of  audit, central taxes, on July 12, with several mid-level tax officials being informed this week.
Big Data analytics are being used by the tax departments since 2016. The tool is deployed to find outliers in any industry, and the gap from industry based average taxes is used to determine targets for further scrutiny.

 

“The government would have comparables. Say, if 10 consumer goods companies of a particular size pay Rs 50 crore in taxes, it is unlikely that one company, of the same revenue size, would pay Rs 1 crore. Data analytics could easily point out such anomalies, and the lens would then be on such companies,” a person in the know said.