News Details- (Get Professional Updates on Whatsapp, Msg on
8285393786) More
News
Court pulls up Income Tax dept for withholding info on foreign bank accounts
Income Tax (IT) department faced the ire of a trial court on Thursday for withholding information on foreign bank accounts of those persons against whom it has filed complaints.
The court also imposed a fine of Rs 10,000 on the IT department and directed it to deposit the fine amount in the Prime Minister's Relief Fund. Irked with the department's attitude, Additional Chief Metropolitan Magistrate (ACMM) Devendra Kumar Sharma said the tax body was not placing complete documents, which could have evidentiary value, on record for reasons best known to it.
"In almost all the cases, the information is being withheld from the court in respect to the source of information of foreign bank account of the accused persons. Previously also, there has been direction time and again to place on record the copy of source of information so that no undue advantage to the accused persons may be there in future, reason being that in all the cases like in hand where the accused are having alleged bank accounts in foreign country, the argument is being advanced that there is no legally admissible evidence on record in respect to source of information," the court said.
The court's order came during the hearing of a fresh complaint filed by IT department against one Sanjiv Gupta for his failure to produce documents of his foreign bank account. According to the complaint, Gupta was having Rs two crore in HSBC Bank in Geneva. Maintaining that the department has not filed the complete documents relating to the complaint, the ACMM said there were several cases pending at the stage of taking cognizance for want of such documents, the court said, while fixing June 3 on the point of consideration.
"But documents are not being placed on record for reasons best known to the complainant department including the copy of the treaty, if any. Though time is being sought for placing the documents on record, however there is no explanation on behalf of the complainant as to why those documents pertaining to source of information having evidentiary value are not placed on record. In the circumstances, one more opportunity is given subject to cost of Rs 10,000 to be recovered from the complainant department and to be deposited with Prime Minister Relief Fund," the court said. The court is presently seized of several cases relating to foreign bank accounts involving high-profile accused, who are booked either for not disclosing income kept in foreign accounts or for failing to provide complete details of the accounts. (PTI - Times of India)
The court also imposed a fine of Rs 10,000 on the IT department and directed it to deposit the fine amount in the Prime Minister's Relief Fund. Irked with the department's attitude, Additional Chief Metropolitan Magistrate (ACMM) Devendra Kumar Sharma said the tax body was not placing complete documents, which could have evidentiary value, on record for reasons best known to it.
"In almost all the cases, the information is being withheld from the court in respect to the source of information of foreign bank account of the accused persons. Previously also, there has been direction time and again to place on record the copy of source of information so that no undue advantage to the accused persons may be there in future, reason being that in all the cases like in hand where the accused are having alleged bank accounts in foreign country, the argument is being advanced that there is no legally admissible evidence on record in respect to source of information," the court said.
The court's order came during the hearing of a fresh complaint filed by IT department against one Sanjiv Gupta for his failure to produce documents of his foreign bank account. According to the complaint, Gupta was having Rs two crore in HSBC Bank in Geneva. Maintaining that the department has not filed the complete documents relating to the complaint, the ACMM said there were several cases pending at the stage of taking cognizance for want of such documents, the court said, while fixing June 3 on the point of consideration.
"But documents are not being placed on record for reasons best known to the complainant department including the copy of the treaty, if any. Though time is being sought for placing the documents on record, however there is no explanation on behalf of the complainant as to why those documents pertaining to source of information having evidentiary value are not placed on record. In the circumstances, one more opportunity is given subject to cost of Rs 10,000 to be recovered from the complainant department and to be deposited with Prime Minister Relief Fund," the court said. The court is presently seized of several cases relating to foreign bank accounts involving high-profile accused, who are booked either for not disclosing income kept in foreign accounts or for failing to provide complete details of the accounts. (PTI - Times of India)
Category : Income Tax | Comments : 0 | Hits : 354
Get Free Daily Updates Via e-Mail on Income Tax, Service tax, Excise and Corporate law
Search News
News By Categories More Categories
- Income Tax Dept serves notices to salaried individuals for documentary proof to claim exemptions
- Bank Branch Audit 2021 - Update on allotment of Branches
- Bank Branch Audit 2020 Updates
- Bank Branch Audit 2021 Updates
- Bank Branch Audit 2020 - Update on Allotment of Branches
- Police Atrocities towards CA in Faridabad - Its Time to be Unite
- Bank Branch Statutory Audit Updates 2019
- Bank Branch Statutory Audit Updates
- Bank Branch Audit 2022 Updates
- Bank Branch Statutory Audit Updates
- NFRA Imposes Monetary penalty of Rs 1 Crore on M/s Dhiraj & Dheeraj
- ICAI notifies earlier announced CA exam dates despite pending legal challenge before SC
- NFRA debars Auditors, imposes Rs 50 lakh penalties for lapses in Brightcom, CMIL cases
- GST Important Update - Enhancement in the GST Portal
- NFRA Slaps Rs 5 lakh Penalty on Audit Firm for lapses in Vikas WSP Audit Case
- CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024
- RBI comes out with FEMA regulations for direct listing on international exchange
- RBI directs payment firms to track high-value, fishy transactions during elections
- NCLT orders insolvency proceedings against Subhash Chandra
- Income Tax dept starts drive to dispose of appeals, 0.54 million at last count
- Payment of MCA fees –electronic mode-regarding
- Budget '11-12' Parliament Completes Approval Exercise
- Satyam restrained from operating its accounts
- ICICI a foreign firm, subject to FDI norms: Govt
- Maha expects Rs 15 crore entertainment tax revenue from IPL
- CAG blames PMO for not acting against Kalmadi
- No service tax on visa facilitators: CBEC
- Provision of 15-minutes reading and planning time allowance to the candidates of Chartered Accountants Examinations
- Companies Bill to be taken up in Monsoon Session
- File Service Tax Return in time as Maximum Penalty increased 10 times to Rs. 20000

Comments