Tax Evasion

Tax Avoidance vs Evasion: A Harmonious reading of landmark Judgements of SC

Goods and Services Tax - In McDowell it was held that if a transaction was carried with an intention to avoid taxes it was up to the judiciary to decide whether the same ought to be regarded. In other words, the duty to decide the validity of the transaction was left to the court....

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Counter stroke on dark side of e-commerce (Tax Evasion)

Goods and Services Tax - E-commerce is the activity of electronically buying or selling of products on online services or over the Internet. The history of e-commerce begins with the first ever online sale: on the August 11, 1994 a man sold a CD by the band Sting to his friend through his website NetMarket, an American retail platform. This […]...

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How Tax Haven Countries are used for Tax Evasion

Goods and Services Tax - There was a great need and importance to stop malicious practices of tax evasion. To combat the same, government of various countries have come forward to act accordingly and has formed and amended their treaties and agreements with other countries in order to protect the economy and revenue interest of their country. In the year [&hellip...

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Lovers of Money and tax non-compliance society

Goods and Services Tax - The love towards money can lead to problems like demonetarization of currency etc which can further lead to more tax evaders in our society....

Read More

Why Indians don’t like to pay taxes??

Goods and Services Tax - 1) Why should I pay? I am already earning very less. 2) When others are not paying....why should I? 3) What is the benefit of paying taxes? The corrupt politicians and bureaucrats will wipe it for their personal gains. 4) Tax rate ( Income tax) is too high. When i can survive in a profit margin of 5-8 percent, Why govt needs 30 percent of...

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Undisclosed foreign assets of more than Rs. 1000 crore detected

Goods and Services Tax - Taking forward the mission of the Government against black money, particularly undisclosed foreign assets, the Income Tax Department conducted searches on 19th January, 2020, on a group which has been on their radar for having substantial undisclosed foreign assets. The operation covered 13 premises in NCR....

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India-Switzerland discuss enhanced cooperation in fight against tax evasion

Goods and Services Tax - Fighting the menace of Black Money stashed in offshore accounts is a key priority area for the Government of India. Following the agreement between Prime Minister Shri Narendra Modi and Swiss President Mr Ueli Maurer for enhanced cooperation in the fight against tax evasion, the two sides have worked closely for expeditious information ex...

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DGGI arrests two businessmen for GST evasion of Rs. 40 crores

Goods and Services Tax - Gurugram Zonal Unit of DGGI has arrested two businessmen in a case of fraudulent issuance of Input Tax Credit invoices without actual supply of goods, involving GST evasion of approximately Rs 40 crores on the taxable value of concocted supplies of Rs 210 crores. Ministry of Finance Gurugram Zone DGGI arrests two businessmen for fraudulen...

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Detection of GST Evasion and comparison with pre-GST period

Goods and Services Tax - Investigation in 3626 cases of GST evasion/violations has been initiated in the present financial year by CGST (Central GST) formations (up to December, 2018). On the basis of investigation conducted so far it emerges that the amount of tax involved in these 3626 evasion/violations cases as mentioned in part(a) above is estimated to be Rs...

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GSTN started sharing Mis-match data with tax authorities

Goods and Services Tax - GSTN has started sharing data with tax authorities on the following: a.Mis-match between figures reported in GSTR-1 & GSTR-3B. b.Mis-match between figures reported GSTR-3B &that computed by the system in GSTR-2A. c.Taxpayers who have generated e-way bill but not filed tax returns....

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MP HC Grant Bail to Pakistani National accused of GST evasion

Amit Bothra Vs. State of MP (Madhya Pradesh High Court) - MP High Court Grant Bail to Pakistani National who accused of GST evasion of Rs. 225 Crores alongwith furnishing a personal bond in the sum of Rs. 5,00,000/-...

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HC grants Bail in GST Evasion case considering Clean Criminal History

Shahzad Alam Vs State of U.P. and Another (Allahabad High Court) - Anticipatory Bail Granted against GST Evasion by considering Clean Criminal History of Applicant along with furnishing a personal bond of Rs. 50,000/- with two sureties....

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ITAT upheld addition for Tax Evasion by misuse of Client Code Modification

Nirmala Devi Vs ITO (ITAT Delhi) - Nirmala Devi Vs ITO (ITAT Delhi) In the given case, the Investigation Directorate, Ahmedabad carried out survey u/s 133(A) to examine the misuse of Client Code Modification for tax evasion. The client code of the assessee was SS 493 & as per the Assessing Officer the error by the operator could ...

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GST Evasion: HC denies Bail in alleged Turnover under reporting case

Shailesh Rajpal Vs Commissioner (Madhya Pradesh High Court) - Looking to the alleged huge tax evasion by the applicant and the contention of the learned counsel of the respondent and keeping in view that the investigation is going on and apprehensions of applicant tampering with the evidence can not be ruled out. So, this Court is not inclined to grant bail to...

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Change of method of accounting of overdue charges from mercantile basis to cash system does not create any income

CIT Vs. Annamalai Finance Ltd. (Madras High Court) - In the instant case, learned counsel for the Revenue is not in a position to demonstrate or satisfy us that due to the change of accounting method adopted by the respondent/assessee , which is permissible in law as per the ratio laid down in (i) CIT v. Matchwell Electricals (I.) Ltd. (2003)263 ITR 2...

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Bogus Invoices with wrong availment of Rs. 25.5 Crore ITC detected

IV/06-Prev/72/Capital Impex/2018-19/Gr.C - (30/01/2019) - CGST, Vadodara, upon intelligence developed through data analysis, have booked a case of issuance of fake invoices valued at Rs. 107 Crores without any physical movement of goods, leading to wrongful availment of ITC worth Rs 25.5 crores and passing on of ITC worth Rs 19 crores....

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DGCI arrests Company MD in fake GST bill case

F. No. DGGI/VZU/INV/GST/53/2018/ - (30/01/2019) - DGGI arrested a managing Director (MD) of a company Following intelligence developed by the officers that fake invoices were received by the company without receipt of goods from various companies and fake invoices were issued without supply of goods. Directorate General of GST Intelligence Visakhap...

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GST liability difference of Rs. 67 Crore detected by CGST Vadodara

F.No. IV/16-46/CCO/T/ST/213/Pt-II - (30/01/2019) - The officers of Daman Cornmssionerate have detected a case of default in GST payment against Mrs Radha Madhav Corporation Limited which had stepped filing return since August 2018 and there was a noticeable difference in declared ilatlity in two returns prescribed in CGST Act,2017 namely GSTR-1 and ...

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Benami GST Registration – measures to prevent evasion of tax

Circular No 19/2018 - (07/09/2018) - The registration procedure under Goods and Services Tax Act is simplified with the objective of ease of doing business. After online application, the applicant is deemed registered within 3 days. Therefore, since Oct 2017 in every Quarterly Performance Report, it has been specifically instructed to ...

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Prosecution Guidelines in case of Excise duty / Service Tax Evasion

Circular No. 1009/16/2015-Central Excise - (23/10/2015) - Circular No. 1009/16/2015-CX Whoever commits any of the offences specified under sub-section (1) of Section 9 of the Central Excise Act, 1944 or sub-section (1) of section 89 of the Finance Act, 1994, can be prosecuted. ...

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Recent Posts in "Tax Evasion"

MP HC Grant Bail to Pakistani National accused of GST evasion

Amit Bothra Vs. State of MP (Madhya Pradesh High Court)

MP High Court Grant Bail to Pakistani National who accused of GST evasion of Rs. 225 Crores alongwith furnishing a personal bond in the sum of Rs. 5,00,000/-...

Read More

Tax Avoidance vs Evasion: A Harmonious reading of landmark Judgements of SC

In McDowell it was held that if a transaction was carried with an intention to avoid taxes it was up to the judiciary to decide whether the same ought to be regarded. In other words, the duty to decide the validity of the transaction was left to the court....

Read More

HC grants Bail in GST Evasion case considering Clean Criminal History

Shahzad Alam Vs State of U.P. and Another (Allahabad High Court)

Anticipatory Bail Granted against GST Evasion by considering Clean Criminal History of Applicant along with furnishing a personal bond of Rs. 50,000/- with two sureties....

Read More

ITAT upheld addition for Tax Evasion by misuse of Client Code Modification

Nirmala Devi Vs ITO (ITAT Delhi)

Nirmala Devi Vs ITO (ITAT Delhi) In the given case, the Investigation Directorate, Ahmedabad carried out survey u/s 133(A) to examine the misuse of Client Code Modification for tax evasion. The client code of the assessee was SS 493 & as per the Assessing Officer the error by the operator could be in the form […]...

Read More

Counter stroke on dark side of e-commerce (Tax Evasion)

E-commerce is the activity of electronically buying or selling of products on online services or over the Internet. The history of e-commerce begins with the first ever online sale: on the August 11, 1994 a man sold a CD by the band Sting to his friend through his website NetMarket, an American retail platform. This […]...

Read More

How Tax Haven Countries are used for Tax Evasion

There was a great need and importance to stop malicious practices of tax evasion. To combat the same, government of various countries have come forward to act accordingly and has formed and amended their treaties and agreements with other countries in order to protect the economy and revenue interest of their country. In the year [&hellip...

Read More

Lovers of Money and tax non-compliance society

The love towards money can lead to problems like demonetarization of currency etc which can further lead to more tax evaders in our society....

Read More

Undisclosed foreign assets of more than Rs. 1000 crore detected

Taking forward the mission of the Government against black money, particularly undisclosed foreign assets, the Income Tax Department conducted searches on 19th January, 2020, on a group which has been on their radar for having substantial undisclosed foreign assets. The operation covered 13 premises in NCR....

Read More

Why Indians don’t like to pay taxes??

1) Why should I pay? I am already earning very less. 2) When others are not paying....why should I? 3) What is the benefit of paying taxes? The corrupt politicians and bureaucrats will wipe it for their personal gains. 4) Tax rate ( Income tax) is too high. When i can survive in a profit margin of 5-8 percent, Why govt needs 30 percent of...

Read More

Widening of Tax Base & Curbing Tax Evasion in India

We always noticed that during every return filing season the newspapers are flooded with advertisements by income tax department reminding, requesting & warning you to file your returns, pay your taxes and refrain from any tax evasion. Over the past couple of years, India's leaders have raised the issue of tax evasion & the need to widen ...

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