New income tax rules comes into force, can’t escape just by paying penalty

Agencies
June 17, 2019

New Delhi, Jun 17: Tightening the screw on tax evaders, the revised guidelines issued by the Income Tax (I-T) Department have made serious offences under black money and benami laws "generally" non-compoundable.

This means that a person or entity would not be able to settle a case of tax evasion by just paying the tax demand, penalty and interest.

The new guidelines will kick in from June 17, 2019 and apply to all cases for compounding received on or after this date.

Listing 13 cases, where the offences are not to be generally compounded, and also grouping the offences in two parts, the Central Board of Direct Taxes (CBDT) has directed its senior officers to circulate the revised guidelines for compliance by concerned authorities.

Offences forming category 'A' include failure to pay tax deducted at source under Chapter XVII-B or tax payable under Section 115-0. Failure to pay the tax collected at source also falls under this category.

The category 'B' offences include willful attempt to evade tax, failure to produce accounts and documents, and false statement in verification.

While the first category offences are open to compounding, offences such as willful evasion of tax and removal or concealment or transfer or delivery of property to thwart tax recovery in a search operation are not to be compounded.

"Offences under Sections 275A, 275B and 276 of the Act will not be compounded," said the new guideline that supersedes the one issued in 2014.

The guidelines state that a category 'A' offence on more than three occasions would not be generally compounded.

Any offence which has bearing on any offence under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 would not be generally compounded, the revised guidelines said.

Further, any offence which has bearing on any offence under the Benami Transactions (Prohibition) Act, 1988 would not merit compounding by tax authorities.

The CBDT guidelines said that offences committed by a person which, as per the information available with the Principal Chief Commissioner of Income Tax and other officials concerned, have a bearing on a case under investigation (at any stage including enquiry, filing of FIR/complaint) by the Enforcement Directorate, CBI, Lokpal, Lokayukta or any other Central or state agency are also not to be normally compounded.

"Notwithstanding anything contained in these guidelines, the Finance Minister may relax restrictions in Para 8.1 for compounding of an offence in a deserving case, on consideration of a report from the Board on the petition of an applicant," said the tax body.

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News Network
April 22,2024

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New Delhi: Even though Prime Minister Narendra Modi's nasty election speech in Rajasthan's Banswara has triggered a nationwide controversy, the Election Commission has so far not taken any action. Meanwhile the Opposition bloc INDIA called the speech an attempt to divert attention from "real issues".

Addressing the people Banswara, on April 21, (Sunday) Modi openly attacked India’s Muslims, suggesting they were “infiltrators” and went on to claim that the opposition if elected would give away “mangalsutras” and “land” of those listening to his speech to them (Muslims). 

He referred to his immediate predecessor, Dr Manmohan Singh who was in office for 10 years as prime minister till 2014, and said, “Earlier, when his government was in power, he had said that Muslims have the first right on the country’s property, which means who will they collect this property and distribute it to – those who have more children, will distribute it to the infiltrators. Will the money of your hard work be given to the infiltrators? Do you approve of this?” 

Modi went on to say, “This Congress manifesto is saying that they will calculate the gold of the mothers and sisters, get information about it and then distribute it. Manmohan Singh’s government had said that Muslims have the first right on property. Brothers and sisters, these urban Naxal thoughts will not let even your mangalsutra escape, they will go this far.”

Narendra Modi and the BJP so far in their campaign trail have invoked religious faith, the Ram temple and Lord Ram multiple times, directly using it to call for people to vote for them. The Election Commission has been completely silent on the messaging via videos, tweets and other exhortations. 

Did Manmohan Singh really say that?

Modi’s claim that Dr Singh said that is not new and was refuted in 2006 itself by Singh’s PMO, when Modi had first made the false claim. The PMO had termed such remarks, “a deliberate and mischievous misinterpretation of what the Prime Minister said here yesterday at the meeting of the National Development Council, on fiscal priorities of the government.” It was termed “an avoidable controversy has been generated. The Prime Minister’s observations have also been quoted out of context in some sections of the electronic media, fuelling a baseless controversy.”

The full text of the paragraph in which the Prime Minister referred to the issue of minority empowerment to clarify the matter is as follows:

“I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”

The PMO’s clarification said. “it will be seen from the above that the Prime Minister’s reference to “first claim on resources” refers to all the “priority” areas listed above, including programmes for the upliftment of SCs, STs, OBCs, women and children and minorities.

Opposition reacts

Chairman, Media and Publicity department of the Congress, Pawan Khera said in a video message in a post, “We challenge the Prime Minister to show us if the word Hindu or Muslim is written anywhere in our manifesto. This kind of lightness is there in your mentality, in your political values. We have talked about justice for the youth, women, farmers, tribals, middle class and workers. Do you object to this as well?”

Khera was referring to earlier mistruths uttered by Modi about the “Muslim League” having influenced the Congress manifesto.

In Jharkhand’s Ranchi at an opposition rally, Congress president Mallikarjun Kharge is reported to have said by BBC Hindi, “If democracy and the Constitution end in the country, then the people will have nothing left. Babasaheb Ambedkar ji and Jawaharlal Nehru ji gave equal voting rights to everyone, due to which all classes got respect. But Narendra Modi wants to snatch their rights from the poor.”

B.V. Srinivas termed it as unfortunate that “this person is the Prime Minister of this country, and an even bigger tragedy is that the Election Commission of India is no longer alive.” He said that “due to the frustration of impending defeat, the Prime Minister of India is openly sowing the seeds of hatred, he is polarising by misquoting Manmohan Singh’s 18-year-old incomplete statement, But the Election Commission (Modi ka parivar) is bowing down.”

Modi’s past hate-speech

Modi, in his 12-year tenure as chief minister of Gujarat was known to have made speeches targeting the state’s minority Muslim community brazenly, terming camps where Muslims were forced to stay in after communal violence gripped the state in 2002. Frontline covered him on his Gujarat Gaurav Yatra started shortly after the violence, at a rally at Becharaji in Mehsana district in northern Gujarat, when he said, “What should we do? Run relief camps for them? Do we want to open baby-producing centres? But for certain people that means hum paanch, hamare pachees.” 

In 2017 it was time again for direct speech targeting Muslims when in February he spoke of ‘shamshaan versus kabristan’ campaigning for UP and then for Gujarat elections when the BJP had its worst performance this millennium, in a speech at Palanpur on December 10, 2017 Modi invoked a “secret meeting” to get Pakistan to fix Gujarat’s assembly polls. He said that a meeting was held at Congress leader Mani Shankar Aiyar’s residence, attended by former PM Manmohan Singh, former Vice-President Hamid Ansari, former Army Chief Deepak Kapoor and distinguished diplomats to execute the plot. Modi’s PMO faced embarrassment when in response to an RTI filed by the Congress, his office was forced to say that Modi’s campaign speech could have been based on an “informal input”.

In the only question he has answered as part of a press conference with Joe Biden on June 22, 2023, Modi was asked, “India has long prided itself as the world’s largest democracy, but there are many human rights groups who say that your government has discriminated against religious minorities and sought to silence its critics.  As you stand here in the East Room of the White House, where so many world leaders have made commitments to protecting democracy, what steps are you and your government willing to take to improve the rights of Muslims and other minorities in your country and to uphold free speech?”

In response Modi appeared visibly frazzled and denied all charges. “I’m actually really surprised that people say so.  And so, people don’t say it.  Indeed, India is a democracy.” 

The journalist was trolled online by BJP leaders and supporters to such an extent that the White House had to come out and defend her and strongly denounce the trolling and abuse.

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News Network
April 13,2024

Mangaluru, Apr 13: Prime Minister Narendra Modi is all set to campaign for the upcoming and much awaited Lok Sabha election in coastal Karnataka by holding a mega roadshow in Mangaluru. 

Meanwhile, the organisers have announced a slight delay in the commencement of Modi's scheduled roadshow on April 14 in Mangaluru.

Addressing the media BJP principal secretary and Karnataka MLA V Sunil Kumar said: Originally the roadshow was scheduled to begin at 5 pm., but it will start at 7:30 pm."

As planned, the Roadshow will kick off from Narayan Guru Circle, where Prime Minister Modi will pay floral tribute to Sri Narayan Guru idol. From there, the Roadshow will proceed and conclude at Navabharat Circle. 

Mr Kumar urged people traveling to Mangaluru to see Mr Modi's visit by 7 p.m. and stand behind the barricades. The roadshow is estimated to conclude at 8:30 pm.

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April 25,2024

Bengaluru: Karnataka State Natural Disaster Monitoring Centre (KSNDMC) has issued a series of animated shorts in Kannada advising people of appropriate measures to take during extreme temperatures to keep oneself safe.

 “Karnataka has not seen such extreme temperatures and heat waves in the recent past. So, we wanted to ensure a wider reach for safety measures, therefore we decided to issue them in a reader-friendly format,” said an official from KSNDMC.

Meteorological Centre Bengaluru, Indian Meteorological Department, had issued a five-day heat wave warning, lasting till April orange alert, for parts of Karnataka.

“In places like Bagalkote, Vijayapura, Kalaburgi, Yadgir, Raichur, Koppal, Ballari, Tumkur, Mandya, Gadag, Davangere and Chitradurga, the temperature is likely to touch 40 degrees Celsius tomorrow,” said C P Patil, director of the centre.

On April 25, these places recorded a maximum temperature of 39 degrees Celsius.

Orange alert would mean increased likelihood of heat illness symptoms in people who are exposed to sun for a prolonged period of time as well as those who do heavy manual work.

According to Patil, coastal Karnataka will also have very hot and humid weather conditions, making it very uncomfortable for people there.

“It’s best for children and old people to avoid exposure to heat in coastal areas too,” added Patil.

In places where heat wave is predicted, people are advised to avoid direct exposure to sunlight between 12 noon and 3pm.

“When they go out, it is best to use protective goggles, an umbrella or a hat. Also aerated drinks must be avoided since they cause dehydration. Best to drink water as much as possible, even if you don’t feel thirsty,” said M Rajavel, head of LACD, Meteorological Centre, Bengaluru.

People are also advised not to leave the children or pets inside parked vehicles.

The maximum and minimum temperatures of Bengaluru are very likely to be around 37 degree Celsius and 23 degree Celsius respectively for the next 48 hours, said Patil.

Hassan recorded the highest jump from its normal minimum temperature. It recorded 22.6 degrees Celsius, about 2.8 degrees more than usual.

According to IMD, on April 29 light rain is also very likely in isolated places over Bidar, Kalaburgi, Yadgir, Vijayapura, Chikkamagaluru, Hassan, Kodagu, Mysuru, Mandya and Chitradurga districts.

On April 30, light rain is predicted again for Bidar, Kalaburgi, Yadgir, Vijayapura, Raichur, Koppal, Ballari, Chikkamagaluru, Tumkur, Chikkaballapura, Bengaluru Rural, Bengaluru Urban and Kodagu districts.

Incidentally, KSNDMC has also issued a series of animated advisory for lightning safety.

“We also update temperature every 15 minutes in our X handle in coordination with IMD,” added the KSNDMC official.

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