Tuesday, 5 October 2021

The mistake did while filing ITR make the tax department hound you with notices under Black Money Act

 



One may wonder that Black Money Act is for people having black money in Foreign banks and not for the common taxpayer. But beware of such a notion! One may get sleepless nights and may get hound with notices under Black Money Act for mere forgetting to disclose the details of foreign assets and bank accounts in their Income Tax Returns (ITR) which might be the simple clerical error of you or your tax advisor while filing ITR. 

Every person who is resident in India if fails to disclose in his ITR:

(a)   Any asset located outside India including financial interest in any entity whether he is holding it as a beneficial owner or OTHERWISE  or

(b)  A beneficiary of any foreign asset or

(c)   Had any income from outside India

..Is liable for a penalty of Rs 10 Lacs.

It is very common for corporate executives to be a signatory to foreign bank accounts of entities of their employers or holding shares and another asset as the nominee of their employers in foreign entities, which needs to be disclosed in THEIR PERSONAL ITR also.

It is now days witnessed that many executives failed to make such disclosures while filling their personal ITR under the impression that such disclosures being corporate matter to be disclosed and complied with in ITR of their employer and not in their personal ITR. This can prove to be a grave mistake.

In such case, even though there is no undisclosed black money or foreign asset issue being involved one may suffer a heavy penalty and also face rigours of inquiry and investigations under the Act.

This is so as Income Tax Department will compare their internal data of foreign banking accounts with that of ITR of signatories to such bank accounts and will raise red flag pushing tax authorities to inquire and investigate.

Therefore, every taxpayer must take due care while filling their personal ITR and make all disclosures for such matters precisely to avoid such unwanted mishaps dragging them into undue regulatory and legal hassles for no obvious reason.

 


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