Taking another step towards e-governance and encouraging participation of citizen as stakeholders in curbing tax evasion, the Central Board of Direct Taxes has launched an automated dedicated e-portal on the e-filing website of the Department to receive and process complaints of tax evasion, foreign undisclosed assets as well as complaints regarding Benami properties.
CBDT in a press release said that the public can now file a Tax Evasion Petition through a link on the e-filing website of the Department https://www.incometaxindiaefiling.gov.in/ under the head “File complaint of tax evasion/undisclosed foreign asset/ Benami property”. The facility allows for the filing of complaints by persons who are existing PAN/Aadhaar holders as well as for persons having no PAN /Aadhaar. After an OTP based validation process (mobile and/or email), the complainant can file complaints in respect of violations of the Income Tax Act, 1961, Black Money (Undisclosed Foreign Assets and Income) Imposition of Tax Act, 1961 and Prevention of Benami Transactions Act (as amended) in three separate forms designed for the purpose.
Upon the successful filing of the complaint, the Department will allot a unique number to each complaint and the complainant would be able to view the status of the complaint on the Department’s website. This e-portal is yet another initiative of the Income Tax Department to bring about enhanced ease of interaction with the Department while strengthening its resolve towards e-governance.
Earlier, in 2018 the government announced Benami Transactions Informants Reward Scheme, 2018, under which any person, including foreigners, can inform Joint or Additional Commissioners about benami transactions and properties which can be tried under the Benami Transactions (Prohibition) Amendment Act, 2016.
Under the Benami Transactions Informants Reward Scheme, 2018, a person can get reward up to Rs one crore for giving specific information in prescribed manner to the Joint or Additional Commissioners of Benami Prohibition Units (BPUs) in Investigation Directorates of Income Tax Department about benami transactions and properties as well as proceeds from such properties which are actionable under Benami Property Transactions Act, 1988, as amended by Benami Transactions (Prohibition) Amendment Act, 2016.
The scheme assured full confidentiality of the informer for all the reward schemes saying that the identity of the persons giving information will not be disclosed.
With regard to information shared with the I-T authorities about any undisclosed black money held overseas under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, an informer could earn a reward up to Rs 5 crore.
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Income Tax Informants Reward Scheme, 2018 under Benami Transactions (Prohibition) Amendment Act, 2016
Salient Features of this Scheme.
A reward up to Rs. One crore (Rs.1 crore) can be obtained by giving specific information about Benami Property assets held in India or abroad.
Identity of the informant shall be kept confidential and shall not be disclosed to any person/authority except when requested under any law in force or by an order of any court of law.
A person will be considered as an Informant only if he/she has furnished specific verifiable particulars of the Benami property in a written statement in prescribed Form with name and address of the person in whose name the property has been acquired with supporting evidence
An informant shall be given a unique informant Code and thereafter will always be identified on the basis of that Informant Code.
Furnishing false information/evidence is an offence
An Indian resident furnishing information in any other mode, other than in writing, such as through letter, e-mail, CD, WhatsApp, SMS, phone, posting in social networking site or publishing letter in newspaper or any other media, even if it is specific shall not be entitled for reward
The informant may be required to render assistance if requested by the Income Tax Authority in matter of information given by him
The reward to the informant will be based on specific information on benami property provided in the format, Annexure-A, have obtained informant code and had assisted the Investigating Officer. It shall be released in two stages. a. Interim b. Final Interim reward will be granted as under:
o Within four months of actual provisional attachment of the benami property under section 24(4) of the Act
o Within six months of order of confiscation of the benami property becoming final.
The quantum of Interim reward shall be 1% of the fair market value of the immovable property, provisionally attached subject to a maximum of Rs.10 lakh(Ten Lakh)
The quantum of final reward shall be 5% of the fair market value of the immovable property confiscated, subject to a maximum of Rs.100 lakh (One Crore)
If there are more number of benami property informed in a single information format, reward will be computed for each of the benami property, subject to the reward quantum limitations provided above.
The steps to be followed by an Indian Resident Informant for providing information.
a. Appear in person before a Joint/Addl. Commissioner of Income Tax (Benami Property) under whose jurisdiction such benami property is situated. If benami property is situate in more than one jurisdictional officer, then the information can be provided to any of one of the officer
click here to know the office address details.
b. Provide the information in writing in Annexure-A
The steps to be followed by a Foreign Resident Informant for giving information.
a. Contact in person or by post or by email communication to the Member (Investigation), CBDT, North Block, New Delhi-110001 and provide the specific information in writing in Annexure-A.
b. If communicated through email then its shall be to ‘member.inv@incometax.gov.in’ with a copy marked to ‘citinv-cbdt@nic.in’
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Income Tax Informants Reward Scheme, 2018 under Income Tax Act-1961 and under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
Salient Features of this Scheme.
A reward up to Rs. five crore (Rs.5 crore) can be obtained by giving specific information about evasion of Income Tax on income and assets in India and abroad.
Identity of the informant shall be kept confidential and shall not be disclosed to any person/authority except when requested under any law in force or by an order of any court of law.
A person will be considered as an Informant only if he/she has furnished specific information of substantial tax evasion in a written statement in prescribed Form
An informant shall be given a unique informant Code and thereafter will always be identified on the basis of that Informant Code.
Furnishing false information/evidence is an offence
An Indian resident person furnishing an information in any other mode, than in writing, such as through letter, e-mail, CD, WhatsApp, SMS, phone, posting in social networking site or publishing letter in newspaper or any other media, even if it is specific shall not be entitled for reward
The informant may be required to render assistance if requested by the Income Tax Authority in matter of information given by him
The reward to the informant will be based on additional taxes realizable on account undisclosed income detection directly attributable to the specific information furnished by the Informant. It shall be released in two stages. a. Interim b. Final
Interim reward will be granted as under:
o In cases of undisclosed income/asset liable under the Income Tax Act-1961: within four months of submission of final investigation report by the Investigation authority to the Assessing Officer
o In case of undisclosed foreign income/asset under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015:within four months of completion of the relevant assessment under the Act
The quantum of Interim reward shall be 1% of the additional tax directly attributable to the specific information furnished subject to Rs.10 lakh and further extendable to Rs.15 lakh is the specific information is with respect undisclosed cash exceeding Rs.1 crore (Rs.50 lakh if it under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015)
Final reward will be granted after 12 months from the end of the month in which the assessment has become final (that means no further appeal/revision/rectification are pending) on such undisclosed specific income/assets provided by the informant. It shall be subject to the following ceiling:
o In cases of undisclosed income/asset liable under the Income Tax Act-1961: 5% of the additional tax directly attributable to the specific information furnished subject to a ceiling of Rs.50 lakh (Rs.100 lakh if such specific information provided includes benami properties)
o In case of undisclosed foreign income/asset under Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015: 10% of the additional tax directly attributable to the specific foreign Income/Asset information furnished subject to a ceiling of Rs.5 crore
The steps to be followed by an Indian Resident Informant for providing information.
a. Appear in person before a Joint Director of Income Tax (Investigation) or Principle Director of Income Tax (Investigation) or Director General of Income Tax (Investigation) .
click here to know the office address details.
b. Provide the information in writing in Annexure-A
The steps to be followed by a Foreign Resident Informant for giving information.
a. Contact in person or by post or by an email communication to the Member (Investigation), CBDT, North Block, New Delhi-110001 and provide the specific information in writing in Annexure-A.
b. If communicated through email then its shall be to ‘member.inv@incometax.gov.in’ with a copy marked to ‘citinv-cbdt@nic.in’
The CBDT publication of Income Tax Informants Reward Scheme-2018
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