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Income Tax Department Cracks Down on Unfiled Returns: 1.52 Crore Individuals Targeted

editor — Mon, 15 Apr 2024 04:21:28 +0000

Large Discrepancy Between Taxpayers and Filed Returns

The Income Tax Department is launching a campaign to target individuals who haven’t filed their income tax returns (ITR) despite meeting filing requirements. According to a report in the Economic Times, the department has identified 1.52 crore such individuals.

Data Discrepancies Trigger Action

This initiative stems from a data analysis by the Central Board of Direct Taxes (CBDT) which revealed a significant gap between the total number of taxpayers (8.9 crore in financial year 2022-23) and the number of ITRs filed (7.4 crore, including revised returns). This suggests that potentially 1.97 crore individuals might not have filed their returns even though tax was deducted at source (TDS) from their income.

Focus on High-Value Transactions

The I-T Department is particularly interested in individuals with high bank transactions linked to their PAN cards. Officials will be contacting these individuals to explain the importance of filing ITRs. Additionally, the CBDT has identified nearly 9,000 potential taxpayers who might have made high-value purchases or cash deposits and will be sending them tax notices.

Consequences for Non-Compliance

Individuals who deliberately neglected to file returns will face penalties. However, those with genuine reasons for the sudden increase in income can submit an explanation or file a return to rectify the situation.

Data Analytics Boosts Tax Collection

The Income Tax Department’s access to a vast amount of data has proven instrumental in identifying non-filers and uncovering inconsistencies. This focus on data analysis is credited with contributing to a significant rise (19.88%) in net direct tax collection, exceeding ₹18.90 lakh crore as of March 17th.

Source: https://www.hindustantimes.com/business/it-department-to-tap-1-52-crore-individuals-for-income-tax-return-filing-heres-why-101713003056572.html

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Employees get ₹3,731 crore GST penalty demand; Bombay HC strikes it down

editor — Thu, 04 Apr 2024 05:43:47 +0000

Should an employee of a company be held responsible for forking out penalties related to tax demands raised on the company by revenue authorities? Goods and Services Tax (GST) enforcement officials believed so when they slapped a demand last September for a ₹3,731 crore penalty on a taxation manager and other employees of global logistics major Maersk for alleged tax evasion of the same amount by the company.

In a judgment that could bring relief to other employees at firms in the midst of GST disputes, the Bombay High Court last week struck down the demand and show cause notices issued by the Directorate General of Goods and Service Tax Intelligence in the case, terming them bad and illegal.

Terming it “highly unconscionable and disproportionate” for revenue officers to hold employees responsible for liabilities of the company, a division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla held it would not be incorrect to contend that the purpose of issuing the show cause notice to the petitioner who is merely an employee, was designed to threaten and pressurize them.

GST officials had alleged that a sum of ₹1561 crore was wrongly utilized as Input Tax Credit by Maersk and those credits were wrongfully distributed. While Maersk is a foreign company which does not have any employee or fixed establishment in India, solely for the purpose of representing and acting on its behalf before the Indian tax authorities, the firm had given the power of attorney to some employees of its steamer agent in India, incorporated as Maersk Line India Pvt. Ltd.

“This ruling is significant for employees of large-sized businesses, where potentially interpretative GST positions are adopted by employees without any malafide intention. Such imposition of substantial penalties in recent investigations had caused lot of unrest amongst such employees,” an expert said.

Source: https://www.thehindu.com/business/employee-gets-3731-crore-gst-penalty-demand-bombay-hc-strikes-it-down/article68025394.ece

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Revenue Department is not empowered to seize Cash under GST

editor — Sat, 30 Mar 2024 10:09:45 +0000

The Delhi High Court, in the matter of Jagdish Bansal v. Union of India [W.P. (C) No. 16677 of 2023 dated February 26, 2024], granted relief to the petitioner by allowing the writ petition. The court instructed the Revenue Department to return the seized cash along with interest. The judgment emphasized that the Revenue Department lacks authority to seize cash under the applicable GST laws.

Facts of the case:

Search and seizure procedures were conducted at the premises of Jagdish Bansal, resulting in the confiscation of cash by the Revenue Department.

Displeased by this action, Jagdish Bansal filed a writ petition in the High Court, challenging the lawfulness of the cash seizure.

Issue:

The central issue at hand was whether the Revenue Department possessed the legal authority to seize cash under the GST framework.

Held:

In its ruling on W.P. (C) NO. 16677 OF 2023, the Delhi High Court made the following determinations:

Referencing the decision of the Delhi High Court in K.M Food Infrastructure Pvt Ltd Through Its Director Mukesh Kapoor Vs Director General DGGI Headquarters [W.P. (C) 328/2024 dated February 13, 2024], the court construed Section 67 of the Central Goods and Services Tax Act, 2017.
It observed that cash does not fall under the definition of goods but rather under the definition of money as outlined in Section 2(75) of the CGST Act.
The court reiterated that cash cannot be categorized as goods and therefore cannot be subject to seizure.
It concluded that there was no valid reason for the Revenue Department to retain the seized cash.
Consequently, the court deemed the impugned order as null and directed the Revenue Department to return the seized cash along with interest.

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Auditor’s Accountability for Audit Trail Reporting

editor — Thu, 21 Mar 2024 11:51:21 +0000

An essential aspect of maintaining financial transparency and accuracy is the implementation of an audit trail, which serves as a detailed record tracking the origin and modifications of financial transactions within a system. Auditors are obligated to report on the adequacy and effectiveness of these audit trails, ensuring their integrity and validity.

Significance of Audit Trails

Audit trails offer numerous benefits, including enhanced transparency, improved audit efficiency, fraud detection and prevention, and regulatory compliance across various industries.

Regulations Mandating Reporting on Audit Trails

Specific regulations, such as the Sarbanes-Oxley Act (SOX) and International Standards on Auditing (ISAs), require auditors to assess and report on audit trails. Industry-specific regulations also dictate additional requirements for audit trail functionality and reporting.

Auditor’s Assessment and Reporting on Audit Trails

Auditors assess various aspects of audit trails, including their existence, functionality, accessibility, retention, and management’s controls. These evaluations contribute to the overall assurance process and provide valuable insights into an entity’s internal controls over financial reporting.

Reporting Mechanisms for Auditors

Auditors report their findings on audit trails through mechanisms like auditor’s reports, management letters, or formal communication to regulatory bodies, depending on the specific situation and identified issues.

Conclusion

Reporting obligations on auditors regarding audit trails are crucial for ensuring the accuracy and reliability of financial information. As regulations evolve to emphasize data integrity, effective reporting by auditors on audit trails remains prominent, promoting transparency and trust in financial statements.

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