Government of India
Ministry of Finance
14-May-2016 20:39 IST
The Income Declaration Scheme, 2016
incorporated as Chapter IX of the Finance Act 2016 provides an opportunity to
all persons who have not declared income correctly in earlier years to come
forward and declare such undisclosed income(s).
Under the Scheme, such income as declared by the
eligible persons, would be taxed at the rate of 30% plus a ‘Krishi Kalyan
Cess’ of 25% on the taxes payable and a penalty at the rate of 25% of the
taxes payable, thereby totalling to 45% of the income declared under the
scheme.
The scheme shall remain in force for a period of 4
months from 1st June, 2016 to 30th September,
2016 for filing of declarations and payments towards taxes, surcharge &
penalty must be made latest by 30th November, 2016. Declarations
can be filed online or with the jurisdictional Pr. Commissioners of Income-tax
across the country.
·
The scheme
shall apply to undisclosed income whether in the form of investment in assets
or otherwise, pertaining to Financial Year 2015-16 or earlier.
·
Where the
declaration is in the form of investment in assets, the Fair Market Value of
such asset as on 1st June 2016 shall be deemed to be the undisclosed
income under the Scheme. However, foreign assets or income to which the Black
Money Act 2015 applies are not eligible for declaration under this scheme.
·
Assets
specified in the declaration shall be exempt from Wealth tax.
·
No Scrutiny
and enquiry under the Income-tax Act or the Wealth tax Act shall be undertaken
in respect of such declarations.
·
Immunity
from prosecution under the Income-tax Act and Wealth Tax Act is also provided
along with immunity from the Benami Transactions (Prohibition) Act, 1988
subject to transfer of asset to actual owner within the period specified in the
Rules.
·
Non-payment
of total taxes, surcharge & penalty in time or declaration by
misrepresentation or suppression of facts shall render the declaration void.
·
The
circumstances in which the Scheme shall not apply or where a person is held to
be ineligible are specified in section 196 (Chapter IX) of the Finance Act,
2016.
·
Non
declaration of undisclosed income under the Scheme, will render such
undisclosed income liable to tax in the previous year in which it is detected
by the Income tax Department. Other penal consequences will also follow
accordingly.
The full text of the Scheme is available on the
departmental website www.incometaxindia.gov.in for viewing. The
relevant rules and forms for the same are to be notified shortly.
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