New income tax rules comes into force, can’t escape just by paying penalty

Agencies
June 17, 2019

New Delhi, Jun 17: Tightening the screw on tax evaders, the revised guidelines issued by the Income Tax (I-T) Department have made serious offences under black money and benami laws "generally" non-compoundable.

This means that a person or entity would not be able to settle a case of tax evasion by just paying the tax demand, penalty and interest.

The new guidelines will kick in from June 17, 2019 and 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.

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.

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News Network
April 10,2020

Bengaluru, Apr 10: A Karnataka BJP MP's daughter who recovered from COVID-19 has said she did yoga and ''pranayama'' while in hospital quarantine and these were key to defeating the pandemic.

"I was there in the hospital for 14 days. I used to do Yoga and Pranayama. It helps a lot. Everyone should start doing it now," said Ashwini GS, daughter of Davangere MP GM Siddeshwara.

In a video message that went viral on Thursday, she said coronavirus was "not something to be feared and yoga, pranayama and a strong mental state are the key to defeat the pandemic."

Ms Ashwini tested positive for COVID-19 after she had returned from Guyana last month. She was admitted to the SS Hospital in Davangere where she was quarantined for 14 days.

"Throughout my stay in the hospital I did not have any symptom of coronavirus. I neither sneezed, nor coughed or had a running nose. There was no fever either," Ms Ashwini said.

However, she kept herself physically and mentally fit.

"Maintain social distancing, be aware of dos and don'ts and stay safe," the MP's daughter said.

The AYUSH Ministry's protocol has outlined measures to build a strong immune system and it included consuming warm water, practising yogasana, pranayama and meditation for 30 minutes every day.

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News Network
April 28,2020

Bengaluru, Apr 28: Former Chief Minister Siddaramaiah on Tuesday demanded that the Karnataka government announce a "special package" for unorganised sector workers, street vendors and autorickshaw drivers, among others, all daily wagers whose lives are affected by the COVID-19 lockdown. "..a special package needs to be announced to this section of people, this is the demand," Siddaramaiah, who is also Leader of the Opposition in the state assembly, told reporters here.

Alleging that the government has failed to control the spread of coronavirus, he said it is the government's responsibility to take care of the basic needs of those from the unorganised sector, whose lives have been impacted by the lockdown. "It is the duty of the government and they should do it immediately. The package should also be announced. I will hold discussions with leaders of other opposition parties like JD(S), CPI, CPI(M) and BSP in this regard and also on trouble faced by farmers," he added. Alleging discrimination in supply of food packets and ration kits, Siddaramaiah said it was being supplied properly only in constituencies represented by BJP legislators.

"Politics is being played out in supply of food materials to the needy, keeping corporation elections in mind.... We don't want to do politics at this point in time as there is lockdown. If things continue to be the same after the lockdown ends, we will protest on the streets," he said.

Siddaramaiah on Tuesday interacted with representatives of auto rickshaw and cab drivers, street vendors, barbers, unorganised workers organisations, among others, to understand the difficulties faced by them during the lockdown and to know whether help from the government has reached them. He said most of them don't have work and it has become difficult for them to lead their normal lives.

They raised several issues like auto and cab drivers being unable to pay road tax and EMI, he said, adding that he would write a detailed letter to the Chief Minister in this regard The former Chief Minister pointed out that there is about 21 lakh registered organised workers, 1.32 crore lakh unorganised workers and also agriculture labourers in the state.

"Among organised workers only 12.5 of the 21 lakh are said to be getting Rs 2000, that too from the Employees Welfare Fund, while others could not get any money, citing reasons like they have not renewed it," he said.

On the other hand, unorganised sector workers don't get money and were also not getting proper food or ration kits, he alleged Though the labour department claimed that it was supplying one lakh food packets and 1.5 lakh ration kits, as also corporations, there were leakages and it was not reaching the beneficiaries properly, he said.

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News Network
January 22,2020

Bengaluru, Jan 22: Chief minister BS Yediyurappa has urged the business community to focus on industries that are farmers and job-oriented and promised that his government would provide all the assistance it can in setting up these industries.

“My government will go the extra mile to facilitate industries that help farmers and provide jobs for youths,” Yediyurappa said during a meeting with several investors and entrepreneurs on the first day of the World Economic Forum, which brings global industry players and government representatives face- to-face, in Davos, Switzerland, on Tuesday.

The chief minister met representatives of 2000 Watt Smart Cities Association, which is represented by sustainability professionals of Nuesch Development, a Swiss Company, and ReNew Power. Both made presentations of their projects to the state delegation.

Yediyurappa appeared impressed by the 2000 Watt’s food processing clusters (development of modern infrastructure and common facilities) projects in rural areas. While presenting their concept, company representatives said they are willing to invest in food clusters, which can provide a better remunerative price for farm produce.

“We will provide all assistance and scientific farming techniques to grow healthy food and market them with added value to the produce,” said Andreas Binkert, scientist and academician, 2000 Watts.

Madhav Bhagwat, CEO of Nuesch Development India, told the Karnataka delegation that the company specialises in carbon-neutral smart township development projects and it has already signed an MoU with the Pune Metropolitan Region Development Authority.

ReNew Power delegates expressed interest in setting up solar power plants in North Karnataka districts like Vijayapura, Kalaburagi, Koppal and Raichur. Samanth Sinha, CEO, ReNew Power, urged the Karnataka government to remove bureaucratic and legal bottlenecks in acquisition of land.

Industries minister Jagadish Shettar and chief secretary TM Vijay Bhaskar among others were present at the meeting.

Yediyurappa and members of the state’s delegation attended US president Donald Trump’s address at the meet. Union minister of commerce and industry Piyush Goel and Union minister of state for shipping Mansukh Mandaviya were also present in the audience.

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