oppn parties Tax Notices: The Fun Begins, Now Explain the Source

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  • Supreme Court questions the continuing relevance of two-child norms. The Court observed that falling fertility rates have weakened the population-control rationale behind laws disqualifying people with more than two children from contesting local body elections. It referred the issue to a larger Bench for consideration
  • Supreme Court declines to shift Tirupati laddu case outside Andhra Pradesh. The Court rejected a plea seeking transfer of the trial, despite arguments that political statements by Andhra Pradesh's Chief Minister and Deputy Chief Minister could affect the fairness of proceedings
  • Supreme Court transfers Azam Khan's fresh ED bail plea to Allahabad High Court. The apex court declined to consider the Samajwadi Party leader's bail request in a fresh Enforcement Directorate case and directed that it be listed before a division Bench of the High Court on November 16
  • Two killed in Delhi building collapse; contractor booked. Two bodies were recovered after a building collapsed in Chawri Bazaar. Delhi Chief Minister Rekha Gupta said the contractor had been booked and the concerned junior and assistant engineers suspended
  • Uttar Pradesh voter rolls show a 2.4-crore discrepancy. A difference of approximately 2.4 crore names has been reported between the state's panchayat and rural Assembly voter lists. The Election Commission has ordered the two sets of rolls to be matched
  • Gujarat announces 3% dearness allowance hike. The state government announced a three-percentage-point increase in dearness allowance for government employees and pensioners ahead of Diwali
  • Sensex and Nifty post their strongest single-day gains in months. The Sensex surged 2,008.61 points, or 2.60%, to close at 79,310.01, while the Nifty 50 climbed 576 points, or 2.40%, to 24,536.60. Financial and automobile stocks led the rally, supported by falling crude prices and renewed foreign investor buying
  • Maaya Rajeshwaran reaches WTA-level quarter-final. The 17-year-old Indian defeated Poland's Weronika Falkowska 6-4, 6-3, becoming the first Indian woman since Sania Mirza in 2012 to reach a quarter-final at a WTA Tour-level singles event
  • Tanvi Patri reaches Youth Olympics badminton final. The 15-year-old defeated Japan's Yuzuno Watanabe in the semi-final, assuring India of a medal and becoming the first Indian badminton player to reach the girls' singles final at the Youth Olympics
  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Tax Notices: The Fun Begins, Now Explain the Source

By Sunil Garodia
First publised on 2016-11-19 21:00:35

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack
The real fun has started. Post demonetization, the Income Tax department has started sending out tax notices to people who have deposited old currency notes of more than Rs 2.5 lakhs in their account. India Commentary has accessed one such notice sent by DDIT (INV) of Siliguri to a party in Gangtok. The party had deposited Rs 4.51 lakhs on 13th November and the notice is dated 18th November. This is real fast when one considers the fact that the banks report such transactions to the IT department periodically and the department takes its own sweet time to sift through the data to prepare and send the notices. In the present circumstances, banks are overburdened with demonetization work and the staff is already stressed beyond limit. Hence, it is surprising that a deposit made on 13th November was reported in 4/5 days and the IT department acted on the information as soon as it received it.

This signals that reporting norms have been tightened considerably, bankers have been instructed to be prompt in reporting, maybe on a daily basis, and the information grid has been made extra efficient. As for the IT department, it has the biggest role to play if the country has any hopes of bringing evaders in the tax net or snuffing out black money from the economy. Hence, their promptness in sending out tax notices is understandable. The whole process and the speed with which it is being executed shows that the government is extremely serious about the whole thing and to facilitate this, it has brought about a remarkable coordination between various agencies.

Apologists for the parallel economy cite many examples of how the rural economy will collapse and how India will suffer a setback in its genuine economy too if the parallel economy, which thrives mainly on cash transactions, is not allowed to carry on with its devious ways. But they fail to understand that no one is complaining about or talks of stopping all cash transactions. It is quite evident that the rural wholesale market for agro-products will have to make purchases in cash. The small farmer will, as of now, not sell his produce if greenbacks are not shown to him. But when this purchase is not genuinely reported, or not reported at all and the subsequent sale is also made in cash and the chain continues, a large part of the income generated escapes the tax net. Who benefits from this? Pay no tax but castigate the government for bad roads or other problems, is the motto of this class. And this is just one example. There are several such chains which operate only on cash and never report their incomes. Shall we continue to allow them to make a mockery of our tax laws and keep on laughing at the expense of the honest tax payers?

Take the example of professionals. Doctors have amassed huge fortunes by taking all fees in cash and never issuing a receipt. The racket is exposed when one approaches a surgeon for any surgery. The surgeon will quote a substantially lower rate if one is not covered by medical insurance and will accept payment only in cash without issuing a receipt. When questioned, their stock reply is that first of all, the insurance company pays late and secondly, since the amount is paid by banking channels, the whole amount becomes taxable. Same is the case with lawyers. No lawyer issues a receipt for his services unless asked for. His rate if receipt is demanded is substantially higher than if it is not.

Hence, all those who have deposited above Rs 2.5 lakhs will now have to explain the source of their funds to the IT department. While this is not a new thing and people have been getting such tax notices for the last several years, the scan will be conducted much strictly this time. Basically, the department is asking for the ITR’s of last two years, balance sheets for a similar period and books of accounts (in case of business entities) or cash flow statement (in case of individuals) supported by bank statements and other documents like bills, vouchers etc. if one is assessed to tax and the source of funds with bank statements and other supporting documents if one is not assessed to tax. A sudden surge in income for current financial year (2016-17) will have to be thoroughly explained with all supporting documents. In normal times, the resourceful would have got time to arrange all papers in connivance with devious tax advisors and unethical chartered accountants. But the department is unlikely to give them the time. The only escape is possible for those who have been carrying cash in hand in their balance sheets, but one never knows what the department will think about that also. So be prepared to face many questions and be ready with your answers. Otherwise, tax as per applicable slab, interest thereon and a 200% penalty will stare you in the face.