black money

Benami – Masking of the Real Beneficiary

Income Tax - 1. Introduction and Objectives of Benami Law Benami Transaction (Prohibition) Amendment Act, 2016 came into force w.e.f 01-Nov-2016. This Act was amended to curb black money transactions to ensure that all transactions are conducted in the name of the actual owner and needs to be paid from his accounted sources. The amendment in benami la...

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Cash transaction that Income Tax department frowns upon!

Income Tax - In a bid to implement the government’s mission to make India a cashless or less cash country and weed out corruption, the Income Tax Department has again warned people to refrain from large cash transactions, contravention of which may result in the levy of penalty or disallowance of tax deductions. Following are the five transactions [...

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Steps Taken for Removal of Shell Companies from Indian Economic System

Income Tax - The Government has launched a sustained campaign in the last 4 years against black money and has taken several bold steps including constitution of the ‘Special Investigation Team on Black Money’, enactment of the ‘The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015’, Income Declaration Scheme, ...

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आपको कितने समय तक सुरक्षित रखना चाहिए आयकर से जुड़े दस्तावेज?

Income Tax - विदेशी संपत्तियों से आमदनी होने पर इनकम टैक्स रिटर्न से जुड़े दस्तावेजों को ज्यादा समय तक रखना चाहिए. क्या आप हर साल नियमित रूप से...

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Banning of Unregulated Deposit Schemes Ordinance, 2019: Brief Analysis

Income Tax - In a bid to save credulous investors from ponzi schemes, the Central government has banned unregulated deposit schemes, a move that may help tackling the menace of illicit deposit-taking activities. Pursuant to Banning of Unregulated Deposit Schemes Ordinance, 2019 now any Individual or group of individuals cannot take any deposit or loa...

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Clean Transactions, Cleaner Economy, Go Cashless, Go Clean

Income Tax - DON’T √ Accept cash of Rs.  2,00,000 or more in aggregate from a single person in a day or for one or more transactions relating to one event or occasion. √ Receive or repay Rs.  20,000 or more in cash for transfer of Immovable Property. √ Pay more than Rs.  10,000 in cash relating to […]...

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Menace of illicit deposit schemes cracked down

Income Tax - And the day has come when the risk to remain tight in a BUDS has become more painful……. Banning of Unregulated Deposit Scheme Ordinance, 2019 (BUDS) with effect from 21.02.2019 Menace of illicit deposit schemes cracked down Meaning of Deposit A deposit has been defined to mean: An amount of money received by way of […]...

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Cabinet approves Banning of Unregulated Deposit Schemes Ordinance, 2019

Income Tax - Cabinet approves Promulgation of the Banning of Unregulated Deposit Schemes Ordinance, 2019 The Union Cabinet chaired by Prime Minister Narendra Modi has approved the Promulgation of Unregulated Deposit Schemes Ordinance, 2019. Benefits: The proposed Ordinance will immediately tackle the menace of illicit deposit taking activities in the ...

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1.06 Crore people filed ITR for 1st time mainly due to demonetization

Income Tax - Anti-black money measures brought undisclosed income of about Rs 1.3 Lakh Crore to tax  Rs 6,900 Crore worth Benami assets and Rs 1600 Crore worth foreign assets attached 18% growth in direct tax collection in Fy 2017-18 Tax base increased by 1.06 Crore people filing ITR for 1st time mainly on account of demonetization  The […]...

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Do not enter into any Benami Transactions, It’s illegal & punishable

Income Tax - DO NOT ENTER INTO BENAMI TRANSLATIONS. IT’S ILLEGAL AND PUNISHABLE Benami Transaction is an arrangement in which a property (movable or immovable) is transferred to or held in the name of one person (Benamidar), but is actually owned and enjoyed by another person (beneficial owner). For exceptions – refer to The Prohibition of...

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After amendments Onus of proving a benami transaction rests entirely on owner/ benamidar

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) - Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) It is correct that after amendment in Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) , the onus of proving a benami transaction rests entirely on the shoulders of the respondents. Before amendment, the burden ...

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Financial assistance for property purchase cannot be sole factor to hold transaction as benami

Smt. P. Leelavathi (D) by LRs Vs V. Shankarnarayana Rao (D) by LRs (Supreme Court of India) - Properties were purchased by the defendant with some financial assistance from his father, however, the same cannot be sole determinative factor to hold the transaction as benami in nature.The plaintiff has miserably failed to establish and prove the intention of the father to purchase properties fo...

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Prosecution proceedings justified on failure to disclose foreign bank accounts under Black Money and Imposition of Tax Act, 2015

Shrivardhan Mohta Vs Union of India (Calcutta High Court) - Where assessee was given an opportunity to make the disclosure with regard to foreign bank accounts and the amount lying thereat however assessee failed to avail the  opportunity to make disclosure with regard thereto while submitting his return in the proceedings under search and seizure and also ...

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Delhi HC Judgment on adjustment of Advance Tax under PMGK Scheme, 2016 and other issues

Virag Tiwari Vs. Principal Commissioner Of Income Tax-21 & Others (Delhi High Court) - Virag Tiwari Vs. Principal CIT & Others (Delhi High Court) In the present case we perceive that an equitable resolution is possible on interpretation of the provisions without undermining the object and purpose behind the Amendment Act. Thus while we have rejected the argument that advance tax o...

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RTI Seeking date of deposit of Rs. 15L In Citizens’ Accounts is not ‘Information’

Sh. Mohan Kumar Sharma Vs Central Public Information Officer (Central Information Commission) - It is held that information sought regarding date of deposit of Rs. 15 Lakhs in the account of each citizen as promised by PM Narendra Modi and how print media houses came to know before the announcement of PM Narendra Modi about the demonetisation, etc. of the RTI application does not fall under th...

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EC slams CBDT for ‘Insolent’ Counter Advisory over I-T Raids

No. 76/Instructions/2019 - (10/04/2019) - The Election Commission of India expresses its deep sense of anguish about the casual and trivial manner in which the advisory to be absolutely neutral, impartial and non, discriminatory has been responded to by Department of Revenue, Ministry of Finance vide letter F. No. A.50050/15/2019-Ad. I date...

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Cases of substantial cash deposit during demonetisation period- Reg.

F. No. DGIT(S)-ADG(5)-2/Insight Instructions/292/2018-19 - (15/03/2019) - Functionality for viewing information related to Cases of substantial cash deposit during the demonetisation period in which notice under section 142(1) of the I. T. Act has remained non-complied...

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Complete Assessment of case of substantial cash deposit during demonetisation by 30.06.2019

No. 225/363/2017-ITA.II - (05/03/2019) - SOP for handling of cases related to substantial cash deposit during the demonetisation period in which notice under section 142(1) of the Income-tax Act, 1961 has not been complied-regd.-...

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Banning of Unregulated Deposit Schemes Ordinance, 2019

No. 7 or 2019 - (21/02/2019) - (1) This Ordinance may be called the Banning of Unregulated Deposit Schemes Ordinance, 2019. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force at once....

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Adjudicating Authorities & Appellate Tribunal under Benami Property Law- Reg.

Order No. S.O. 5602(E) - (31/10/2018) - section 26 of the Benami Act provides that the Adjudicating Authority shall not pass order after the expiry of one year from the end of the month in which the reference has been received by it from the Initiating Officer and whereas, on the date on which the Adjudicating Authority under the Benami ...

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Recent Posts in "black money"

After amendments Onus of proving a benami transaction rests entirely on owner/ benamidar

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act)

Shri Akashdeep Vs Manpreet Estates LLP (Appellate Tribunal For PBPT Act) It is correct that after amendment in Prohibition of Benami Property Transactions Act, 1988 (PBPT Act) , the onus of proving a benami transaction rests entirely on the shoulders of the respondents. Before amendment, the burden of proof was on the prosecution to prove...

Read More
Posted Under: Income Tax |

Financial assistance for property purchase cannot be sole factor to hold transaction as benami

Smt. P. Leelavathi (D) by LRs Vs V. Shankarnarayana Rao (D) by LRs (Supreme Court of India)

Properties were purchased by the defendant with some financial assistance from his father, however, the same cannot be sole determinative factor to hold the transaction as benami in nature.The plaintiff has miserably failed to establish and prove the intention of the father to purchase properties for and on behalf of the family, which wer...

Read More

EC slams CBDT for ‘Insolent’ Counter Advisory over I-T Raids

No. 76/Instructions/2019 (10/04/2019)

The Election Commission of India expresses its deep sense of anguish about the casual and trivial manner in which the advisory to be absolutely neutral, impartial and non, discriminatory has been responded to by Department of Revenue, Ministry of Finance vide letter F. No. A.50050/15/2019-Ad. I dated 08.04.19....

Read More

Benami – Masking of the Real Beneficiary

1. Introduction and Objectives of Benami Law Benami Transaction (Prohibition) Amendment Act, 2016 came into force w.e.f 01-Nov-2016. This Act was amended to curb black money transactions to ensure that all transactions are conducted in the name of the actual owner and needs to be paid from his accounted sources. The amendment in benami la...

Read More
Posted Under: Income Tax |

Cash transaction that Income Tax department frowns upon!

In a bid to implement the government’s mission to make India a cashless or less cash country and weed out corruption, the Income Tax Department has again warned people to refrain from large cash transactions, contravention of which may result in the levy of penalty or disallowance of tax deductions. Following are the five transactions [...

Read More
Posted Under: Income Tax | ,

Cases of substantial cash deposit during demonetisation period- Reg.

F. No. DGIT(S)-ADG(5)-2/Insight Instructions/292/2018-19 (15/03/2019)

Functionality for viewing information related to Cases of substantial cash deposit during the demonetisation period in which notice under section 142(1) of the I. T. Act has remained non-complied...

Read More

Prosecution proceedings justified on failure to disclose foreign bank accounts under Black Money and Imposition of Tax Act, 2015

Shrivardhan Mohta Vs Union of India (Calcutta High Court)

Where assessee was given an opportunity to make the disclosure with regard to foreign bank accounts and the amount lying thereat however assessee failed to avail the  opportunity to make disclosure with regard thereto while submitting his return in the proceedings under search and seizure and also before Settlement Commission, the author...

Read More

Steps Taken for Removal of Shell Companies from Indian Economic System

The Government has launched a sustained campaign in the last 4 years against black money and has taken several bold steps including constitution of the ‘Special Investigation Team on Black Money’, enactment of the ‘The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015’, Income Declaration Scheme, ...

Read More
Posted Under: Income Tax |

Complete Assessment of case of substantial cash deposit during demonetisation by 30.06.2019

No. 225/363/2017-ITA.II (05/03/2019)

SOP for handling of cases related to substantial cash deposit during the demonetisation period in which notice under section 142(1) of the Income-tax Act, 1961 has not been complied-regd.-...

Read More

आपको कितने समय तक सुरक्षित रखना चाहिए आयकर से जुड़े दस्तावेज?

विदेशी संपत्तियों से आमदनी होने पर इनकम टैक्स रिटर्न से जुड़े दस्तावेजों को ज्यादा समय तक रखना चाहिए. क्या आप हर साल नियमित रूप से...

Read More
Posted Under: Income Tax |

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