Demonetization: IDS v. Normal Disclosure

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Sunil MALOO

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Nov 19, 2016, 7:06:30 AM11/19/16
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Demonetization: IDS v. Normal Disclosure

November 19, 2016[2016] 75 taxmann.com 207 (Article)

Editorial Team

Declaration in IDS, 2016Declaration of cash deposits in ITR as current year's income
One could make declaration in IDS without declaring any source of the income.One has to explain the source of income and manner of deriving the income and period in which it was derived.
Declaration in IDS, 2016 granted one-time immunity from penalty and prosecution under the Income Tax Act, 1961 and Wealth Tax Act, 1957.If cash deposited in bank cannot be proved to be current year's income and found to be accumulated from past years also, Wealth Tax proceedings can be reopened.
FFurther, IDS assured declarant of secrecy of declaration. In such case, the Government would not furnish a copy of the declaration to any other Government agency or Department.Details of cash deposit would be made available by Govt. to other agencies. Departments dealing with indirect taxes. VAT/Service Tax/Excise dept. may launch proceedings for suppression of sales and evasion of indirect taxes
If part of sale proceed of property is received off-record, the same could be declared without attracting section 269SSof Income-Tax Act, 1961 and penalty under section 271D.If property sale proceed received in black is declared, section 269SS would be attracted and assessee would liable to penalty under section 271D.
One could declare past years' undisclosed income also by just paying 45% without liability for interest under sections 234Band 234C.One would incur huge interest liability if declared amount cannot be proved as current income and found as past income.
Last but not the least, IDS scheme allowed payment by instalments-at least 25% by 30.11.2016, not less than 50% by 31.03.2017 and entire amount by 30.09.2017.Entire amount of advance tax on amount deposited in bank and to be declared will have to be paid latest by 31.03.2017.

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Sunil MALOO | Partner

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