No Relief In ₹10l Tax Fine For Not Disclosing Foreign Assets

No Relief In ₹10l Tax Fine For Not Disclosing Foreign Assets



Mumbai: Income tax authorities are increasingly issuing show-cause notices seeking explanations on foreign investments not disclosed in ‘schedule-FA’ in tax returns. A recent order of the Mumbai bench of the ITAT, which upheld a penalty of Rs 10 lakh under the Black Money Act for each year of default, has created ripples.

“The high penalty was aimed at those who hoard black money abroad in the form of undisclosed foreign assets. However, the lack of effective guidance in filling details in schedule-FA, and almost nil publicity in earlier years about this mandatory requirement, has led to many honest taxpayers making errors. It is a golden principle of jurisprudence, upheld by the SC, that the penalty should be commensurate with the offence committed. The flat penalty of Rs 10 lakh for each year should not be applied for infractions in schedule-FA where there is enough disclosure elsewhere in the tax return and annexed documents. Tax tribunals in some instances have deleted the penalties that were levied by the I-T officers,” Rutvik Sanghvi, a chartered accountant, said.

In this case, the ITAT rejected the taxpayer’s argument that leniency should be shown because her foreign assets were not ‘undisclosed assets’ located outside India. She claimed that the source of funds for her investments was explained to the tax authorities (investments in global dynamic opportunity fund were made out of funds transferred under the LRS), and she had also declared the income arising from such investments in her tax returns. She argued that her failure to disclose these assets in the required schedule for three years was an unintentional mistake, and that she had rectified it in her return for FY18.

Government officials told TOI that information received from the US under its Foreign Account Tax Compliance Act (FATCA) and from other countries under exchange of information process, coupled with the use of advanced technology, enables them to zoom in on cases of non-disclosure.

We also published the following articles recently

No relief in Rs 10 lakh tax fine for not disclosing foreign assetsIncome tax authorities are cracking down on undisclosed foreign investments by issuing show-cause notices to taxpayers. A recent order by the Mumbai bench of the ITAT has upheld a penalty of Rs 10 lakh per year for non-disclosure of foreign assets under the Black Money Act. However, experts argue that the penalty should be proportionate to the offense and should not be applied if there is sufficient disclosure elsewhere in the tax return. The use of advanced technology and international cooperation has allowed tax authorities to identify cases of non-disclosure.103970925

No relief in Rs 10L tax fine for not disclosing foreign assetsIncome tax authorities in Mumbai are issuing show-cause notices to taxpayers who fail to disclose foreign investments in their tax returns. A recent order upheld a penalty of Rs 10 lakh per year for not declaring undisclosed foreign assets. However, experts argue that the penalty should be commensurate with the offence and not applied in cases where there is enough disclosure elsewhere in the tax return. The lack of guidance and publicity about this requirement has led to unintentional errors by honest taxpayers. Advanced technology and international information exchange enable tax authorities to identify cases of non-disclosure.103970381

FCRA registered NGOs will have to give details of assets created using foreign fundsNGOs registered under the FCRA in India will now be required to declare details of assets created using foreign funds by the end of each financial year. The Ministry of Home Affairs issued a notification modifying the rules governing NGOs receiving foreign funding. The changes include the addition of clauses requiring the disclosure of movable and immovable assets created from foreign contributions. The ministry has also extended the validity of FCRA licenses until March 2024 for entities whose licenses were expiring on September 30. In the last three years, Indian NGOs received Rs 55,449 crore in foreign contributions.103941263



Source link

Leave a Reply

Your email address will not be published. Required fields are marked *