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        Case ID :

        Black money holders get last chance to disclose till March'17

        December 17, 2016

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        New Delhi, Dec 16 (PTI) Offering one last chance to black money holders, the Indian government on Friday said they have time until March-end to come clean by paying 50 per cent tax on bank deposits of junk currencies made post demonetisation.

        Offering tax dodgers confidentially and immunity from prosecution under the new tax evasion amnesty scheme Pradhan Mantri Garib Kalyan Yojana (PMGKY), which kicks-in from tomorrow, Revenue Secretary Hasmukh Adhia said non disclosure of deposits made in banks after the ₹ 500 and ₹ 1000 notes were junked will attract stiffer penalties as well as prosecution.

        Not declaring the black money under the scheme now but showing it as income in the tax return form would lead to a total levy of 77.25 per cent in taxes and penalty. In case the disclosure is not made either using the scheme or in return, a further 10 per cent penalty on tax will be levied followed by prosecution, he said.

        The disclosure scheme is part of The Taxation Laws (Second Amendment) Act, 2016, which was approved by the Lok Sabha earlier this month and has been assented by the President.

        The Pradhan Mantri Garib Kalyan Yojana (PMGKY) will commence on December 17 and shall remain open for declarations up to March 31, Adhia told reporters here.

        "Beginning tomorrow most of the banks will have challans to be filled for depositing tax for availing the PMGKY scheme.

        Only after payment of 50 per cent tax and setting aside the 25 per cent of the remaining undisclosed amount for 4 year, a person can avail the PMGKY scheme," he said.

        Adhia emphasised that mere depositing of cash in banks will not convert black money into white. Taxes have to be paid.

        As per the scheme, taxes will have to be paid first and then the scheme can be availed on production of tax receipt, unlike the recent Income Disclosure Scheme and other such plans wherein disclosures were made first and taxes were recovered later.

        Also, as the disclosures will be kept confidential, the holder of unaccounted cash need not disclose it in Income Tax Returns forms.

        After the shock November 8 demonetisation announcement, the government allowed the junked ₹ 500 and ₹ 1000 notes to be deposited in bank accounts.

        For those holding unaccounted cash, it offered new tax evasion amnesty scheme wherein 50 per cent tax will be charged on declarations and quarter of the total sum be parked in a non-interest bearing deposit for four years. .

        Tax amnesty offers confidential disclosure with upfront tax payment and locked deposit to avoid prosecution under the new scheme. The government's Pradhan Mantri Garib Kalyan Yojana (PMGKY) provides a statutory tax amnesty for undisclosed deposits of demonetised currency, requiring payment of half the disclosed amount as tax and placement of one quarter in a non interest bearing deposit for four years; declarations are accepted only after tax payment and production of the tax receipt, and the scheme offers confidentiality and immunity from prosecution during the prescribed window.
                      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 offers confidential disclosure with upfront tax payment and locked deposit to avoid prosecution under the new scheme.

                            The government's Pradhan Mantri Garib Kalyan Yojana (PMGKY) provides a statutory tax amnesty for undisclosed deposits of demonetised currency, requiring payment of half the disclosed amount as tax and placement of one quarter in a non interest bearing deposit for four years; declarations are accepted only after tax payment and production of the tax receipt, and the scheme offers confidentiality and immunity from prosecution during the prescribed window.





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