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        Case ID :

        Income Tax Department conducts searches in Mumbai

        February 16, 2021

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        The Income Tax Department carried out search and survey operations on a group based in Mumbai on 08.02.2021. This group is mainly engaged in the business of manufacturing of Gutkha, Pan masala and allied substances, besides having operations in hospitality sector. The searches were carried out across many locations in India and concluded on 13.02.2021.

        The search and seizure action has led to detection of foreign assets lying with a company registered in tax-haven British Virgin Islands (BVI) with an office in Dubai and controlled and managed by the Chairman of the group. The net worth of the BVI company is ₹ 830 crore created by siphoning of funds from India. This fund has been round tripped to India in the form of share premium amounting to ₹ 638 crore in the flagship companies of the group. During the search action, various digital evidences and forensic analysis have yielded email communication, establishing control and management of the company with the promoter of the group searched. One of the employees, who was also a shareholder in the BVI company, was identified and cross examined with the promoter. It has been accepted by the parties involved that the employee was not aware about being a shareholder in the company and he had signed papers on the instruction of the main promoter.

        Further, it has been found that the group has availed bogus deduction under section 80IC of the Income-tax Act, 1961 to an extent of ₹ 398 crore. The group set up 2 entities in Himachal Pradesh and the group was found to indulge in sham transactions in order to claim the aforesaid false deduction.

        Apart from the above, unaccounted production of pan masala of an amount of ₹ 247 crore at 2 factory premises of the group has also been detected during the search.

        It has also been seen that the assessee has falsely claimed deduction u/s 10AA of the Income-tax Act, 1961 of an amount of ₹ 63 crore in the Gandhi Dham unit.

        During the search action, cash of ₹ 13 lakh has been seized and jewellery amounting to ₹ 7 crore was found and has been put under prohibitory orders. Prohibitory orders have also been placed on 16 lockers and in 11 premises. Thus, the search action has led to detection of unaccounted transactions of around ₹ 1500 crore, so far.

        Further investigations are in progress.

        Search and seizure uncovers offshore asset concealment and fraudulent tax deductions, prompting ongoing investigations and asset restraints. Search and seizure operations on a Mumbai business group uncovered an offshore entity in a tax haven controlled by the group's chairman, with funds siphoned from India and round tripped as share premium into flagship companies; forensic evidence and witness statements are said to establish promoter control. The action also detected bogus investment linked deductions claimed through sham entities, a falsely claimed unit deduction, unaccounted production at factories, seizure of cash and jewellery, and prohibitory orders on lockers and premises, with investigations continuing.
                        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.

                              Search and seizure uncovers offshore asset concealment and fraudulent tax deductions, prompting ongoing investigations and asset restraints.

                              Search and seizure operations on a Mumbai business group uncovered an offshore entity in a tax haven controlled by the group's chairman, with funds siphoned from India and round tripped as share premium into flagship companies; forensic evidence and witness statements are said to establish promoter control. The action also detected bogus investment linked deductions claimed through sham entities, a falsely claimed unit deduction, unaccounted production at factories, seizure of cash and jewellery, and prohibitory orders on lockers and premises, with investigations continuing.





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                              ActsIncome Tax
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