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Arrest of Tax Defaulters - CBDT Clarifies

DDT in Limca Book of Records - Third Time in a rowTIOL-DDT 2873
22 06 2016
Wednesday

YESTERDAY several newspapers carried reports about Income Tax Department contemplating arrest of tax defaulters. The banner headlines from some of them:

1. PTI, Statesman: Wilful defaulters: IT dept to use powers to arrest, detain;

2. Times of India, Deccan Chronicle: Arrest, detain wilful defaulters, Income Tax department tells officers;

3. India Today: Income Tax defaulters, beware: You may be arrested or detained soon;

4. Navhind Times: IT dept gets tough; seeks arrest of willful defaulters.

5. Huntnews: Taxmen target non-filers, plan to clear high-value appeals in 2016-17.

Now the CBDT has in a Press Release clarified:

Certain sections of the press have been carrying news reports today that Income Tax Department is going to arrest wilful defaulters of tax.

In this regard, it is clarified that no such statement has been authorised by the Income-tax Department. Though the provisions for arrest and detention by the Tax Recovery Officers in respect of the non-compliant tax defaulters are contained in the Income-tax Act, these are used extremely sparingly.

What was the provocation for leading newspapers to scream the arresting news?

Recently CBDT released its Central Action Plan 2016-17. Page 84 of the Plan stated, "In respect of non-compliant defaulters, the provisions of arrest and detention as per the provisions of Rules 73 to 81 of Schedule II should be invoked by the TRO. Stringent action can be taken in suitable cases including use of the provision for prosecution u/s 276C(2) of the Act."

It was this sentence in the routine Action Plan which the CBDT issues with boring regularity every year that prompted these newspapers to threaten taxpayers that an impending arrest was looming large.

The 2014-15 Action Plan also had this, "In respect of non-compliant defaulters, the provisions of arrest and detention as per the provisions of Rules 73 to 81 of Schedule II should be invoked by the TRO. Stringent action can be taken in suitable cases including use of the provisions for prosecution u/s 276C(2) of the Act." You will notice the sentences are identical.

And see this news item:

IT department to arrest tax evaders

The Income Tax Department is all set to crack the whip on tax defaulters by invoking its power, which has not been used for many years, to arrest and prosecute evaders.

Looks similar to the above mentioned reports - this is from the Hindu dated 1 st June 2011 - yes five years ago.

This was hot news for many newspapers yesterday. This, unfortunately, is the way that our newspapers report tax matters.

Working With Passion, Compassion and Dispassion - CESTAT Member

THE Federation of Telangana and Andhra Pradesh Chambers of Commerce and Industry, Hyderabad yesterday organised an Interaction with the Hon'ble Members of CESTAT, Hyderabad Bench. Ms. Sulekha Beevi, Member (J) and Mr. Madhu Mohan Damodhar, Member (T) attended the meeting and explained the working of CESTAT. They said that the Hyderabad Bench being new was facing teething problems, which they would solve soon. They agreed to look into the issue of the Registry insisting on filing impugned orders attested by Central Excise Superintendents. It was informed that in Hyderabad Bench, all the cases listed are heard and there was no question of any case not ‘reaching'. Orders were issued within a month of hearing.

Mr. Damodhar said that they were working with passion, compassion and dispassion. Passion for law, compassion for the appellant and dispassion while writing orders.

Picture shows Ms. Sulekha Beevi addressing the gathering. Others in the picture are Mr. Thirumalai, Former President of FTAPCCI, CESTAT Member Mr. Damodhar and FTAPCCI President Mr. Ravindra Modi.

Republic of Togo and Republic of Chad included in 'Least Developed Countries'

GOVERNMENT  has amended the Notification No. 96/2008-Customs, dated 13th August, 2008 so as to include "Republic of Togo" and "Republic of Chad"in the list of Least Developed Countries eligible to avail of the benefit of duty free tariff preferences (DFTP) scheme.

Notification No. 39/206-Customs; Dated June 21, 2016

Customs - Concessional Rates of Duty under IMCECA

GOVERNMENT has amended Customs Notification No. 53/2011 dated 1.7.2011, so as to provide deeper tariff concessions in respect of 1630 specified goods imported from Malaysia under the India-Malaysia Comprehensive Economic Cooperation Agreement (IMCECA).

Notification No. 40/2016-Cus., Dated: June 21, 2016

Additional quota of 2 lakh MT for import of Rough Marble & Travertine Blocks to authorisation holders

DIRECTOR General of Foreign Trade has allowed revalidation of the import authorisations issued under Trade Notice No. 12/2014 dated 8/1/2015 upto 30th September 2016 with increase in 25% import quantity (on each such import authorisation) of Rough Marble and Travertine Blocks without any change in terms and conditions of the authorisation as an interim measure till the revised Marble Import Policy is notified. A Trade Notice indicating the quantity to be enhanced in respect of each authorisation holder is issued separately.

DGFT Notification No. 11/2015-2020., Dated: June 21, 2016

Additional quota of 2 lakh MT for import of Rough Marble - Trade Notice

IN terms of Notification No. 11 dated 21/6/2016 (mentioned above), revalidation of import authorisations issued under Trade Notice No. 12 dated 8/1/2015 has been allowed with 25% increase in import quantity of Rough Marble & Travertine Blocks.

DGFT has issued a list of 472 import authorisation holders and the quantity to be increased in respect of each of authorisation holder.

In case, any authorisation holder is found to have submitted false or erroneous information or has made any mis-declaration/misrepresentation, such applicant/firm,

(a) shall forfeit the allocation made in this Trade Notice,

(b) shall be debarred from allocation of Rough Marble and Travertine Blocks in future and

(c) shall be liable for penal action under the provisions of Foreign Trade (D&R) Act, 1992, as amended.

DGFT Trade Notice No. 09/2016., Dated: June 21, 2016

Delegation of powers to issue 'No Objection Certificate' to officers for going abroad and applying for private Passport

IN order to facilitate issuance of Passport to Government employees, the Ministry of External Affairs has introduced a new feature which is termed as "Prior Intimation" letter to the controlling authority. The other features are issue of No Objection Certificate (NOC) and issue of Identity Certificate (IC) by the Controlling/Administrative Authority.

In view of the above, CBEC has decided to delegate powers for -

(i) Receiving "Prior Intimation" letter for applying for ordinary passport;

(ii) Issuing No Objection Certificate (NOC) for passport;

(iii) Issuing Identity Certificate (IC) for passport; and

(iv) according Permission to visit abroad

to the following authorities -

(i) Central Board of Excise & Customs in respect of officers of the rank of Principal Chief Commissioner/ Principal DG/ Chief Commissioner/ Director General.

(ii) Central Board of Excise & Customs in respect of officers holding additional charge of Principal Chief Commissioner/ Principal DG/ Chief Commissioner/ Director General.

(iii) Principal Chief Commissioner/ Principal DG/ Chief Commissioner/ Director General in respect of Group 'A' officers of the rank of Principal Commissioner and below.

(iv) Pr. Commissioner/ Commissioner in respect of Group 'B' and 'C' officers.

CBEC F. No. 26014/63/2016-Ad.IIA ., Dated: June 21, 2016

Until Tomorrow with more DDT

Have a nice day.

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