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        IT Dept will not seek source of bank deposits: Adhia

        November 28, 2016

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        New Delhi, Nov 28 (PTI) The tax department will not ask for the source of funds deposited in banks from November 10 -- post demonetisation of high value notes, if the entire income is declared and 50 per cent taxes paid on it, Revenue Secretary Hasmukh Adhia said on Monday.

        The disclosures will enjoy immunity from Wealth Tax, civil and other taxation laws but there will be no immunity from FEMA, PMLA, Narcotics and black money law, he said.

        Nearly three weeks after Prime Minister Narendra Modi announced junking high denomination currency notes, Finance Minister Arun Jaitley has introduced a bill to amend the Income Tax law to provide for a 30 per cent tax and a 33 per cent surcharge on such tax plus a penalty of 10 per cent for black money that is deposited in banks and declared.

        In case the undisclosed income is detected later, a total tax and penalty of up to 85 per cent can be levied.

        "The deterrent provisions were necessary so that people have the fear of hoarding black money," Adhia said.

        The disclosures made in the Pradhan Mantri Garib Kalyan Yojana (PMGKY), that attracts 50 per cent tax, "will ensure that no questions will be asked about the source of fund. It would ensure immunity from Wealth Tax, civil laws and other taxation laws. But there is no immunity from FEMA, PMLA, Narcotics, and black money act", he said.

        Deposits which have already been made from November 10 will be covered under PMGKY. "Last date we will notify after the bill is passed but it is likely to be December 30. PMGKY will come in as a new Chapter 9 in Finance Act 2016," he said.

        Tax amnesty disclosure: immunity from wealth and civil taxes if undeclared income is declared and required tax paid. A temporary disclosure scheme allows depositors after demonetisation to declare undisclosed income and obtain immunity from Wealth Tax, civil tax claims and other taxation laws if they make full disclosure and pay the prescribed tax and penalties; the scheme will be enacted as a new finance chapter and cover deposits from the demonetisation date until a notified cut off, but it does not provide immunity from foreign exchange, anti money laundering, narcotics or black money criminal laws.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Tax amnesty disclosure: immunity from wealth and civil taxes if undeclared income is declared and required tax paid.

                              A temporary disclosure scheme allows depositors after demonetisation to declare undisclosed income and obtain immunity from Wealth Tax, civil tax claims and other taxation laws if they make full disclosure and pay the prescribed tax and penalties; the scheme will be enacted as a new finance chapter and cover deposits from the demonetisation date until a notified cut off, but it does not provide immunity from foreign exchange, anti money laundering, narcotics or black money criminal laws.





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                              ActsIncome Tax
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