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TMI BlogExchange of Information for Tax Purpose with Foreign Jurisdictions – Guidelines for inbound and outbound requestsX X X X Extracts X X X X X X X X Extracts X X X X ..... rmation in conformity with the relevant provisions of the DTAAs/TIEAs/Multilateral Agreements, if they are of the view that information received from a foreign jurisdiction would be helpful in assessment and determination of income, collection and recovery of taxes, investigation of tax matters or prosecution in relation to tax matters. The guidelines for making such requests have been provided in the Manual on Exchange of Information (hereinafter referred to as Manual), a copy of which is enclosed. 3. As stated in the Manual, the request for information from tax authorities of the foreign jurisdictions with which India has entered into DTAAs/TIEAs/Multilateral Agreements, should be routed through the Competent Authority, i.e., JS(FT&TR-I), CBDT, in case of North America (including countries of Central America and Caribbean), Europe and Japan and JS(FT&TR-II), CBDT, in case of rest of the world (Refer Annexure-A of the Manual for identifying the Competent Authority). This reference should be made in a prescribed Proforma (Annexure-D of the Manual) and sent to JS (FT&TR-I) or JS (FT&TR-II) as the case maybe, by the Commissioner of Income Tax or Director of Income Tax concerned, und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d "Spontaneous Exchange of Information" is being received from foreign jurisdictions under the DTAAs by the Competent Authority. Such information is being forwarded to field formations as per the procedure laid down in the Manual. Officers concerned are expected to send a feedback on usefulness of the information as per Proforma prescribed in Annexure-I of the Manual. The first feedback should be provided within two months of receipt of the information by the officers concerned. If on verification of the information, it is found that the information is useful for tax purposes, supplementary report in Annexure-I should be sent by the officers concerned whenever new developments take place, such as completion of assessments, collection of taxes, levy of penalty, Initiation of prosecution proceedings, etc. The DGIT (Systems) shall facilitate online dissemination and feedback in respect of the information/data by providing the necessary platform. 9. Where information received, either under "Automatic Exchange of Information" or "Spontaneous Exchange of Information" is likely to result in an undisclosed income below Rs. 50,000, considering the smallness of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mation Exchange Agreements (TIEAs) and Multilateral Agreements for Exchanging Information. 1.2 The need for effective co-operation amongst jurisdictions with consequent defensive measures against non-cooperative offshore jurisdictions was felt even more after the 2008 global financial crisis in order to tax revenues through co-ordinated global efforts. India has been a strong proponent of transparency and exchange of information for tax purposes and is playing a major role in international forums to exert pressures on countries that do not confirm to the international standards of transparency. These global efforts have resulted in many countries/jurisdictions coming on board and they are now willing to cooperate with other jurisdictions for exchanging information as per internationally agreed standards. 1.3 Simultaneously and along with the global efforts, effective steps have been taken in the last three years for creating an appropriate legislative framework for receiving and effectively utilizing of the information received from foreign jurisdictions. These steps include renegotiating the existing DTAAs to update the provisions on exchange of information to the internationall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al on Exchange of Information has been organized in the following manner. After Introduction in the present Chapter, the legislative framework of Exchange of Information and other forms of Administrative Assistance under India's DTAAs and TIEAs have been explained in Chapter-II. Chapter-III provides the guidelines and the Proforma which the field formations should follow while making any specific request from foreign tax administrators. Chapter-IV provides the guidelines to be followed in case a request is received from abroad, which is equally important as all the tax treaties are bilateral and if India want to continue receiving assistance India must provide assistance to them timely and efficiently. Chapter-V provides the guidelines in case of requests made/received under the provisions of Assistance in Collection of Taxes while Chapter-VI discusses other forms of administrative assistance under the treaties such as Automatic and Spontaneous Exchange of Information, Tax Examination Abroad, Simultaneous Examination and Joint Audits. Chapter-VII provides guidelines for utilization of information received from a foreign jurisdiction including providing of regular feedback while ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As or to the administration and enforcement of the domestic laws concerning taxes of every kind. The text of Article 26 of the OECD Model Tax Convention on Income and on Capital and its Commentary (as updated by OECD on 17th July, 2012), http://www.oecd.org/ctp/exchangeofinformation/latestdocuments/120718_Articles%2026-ENG_no%20cover%20(2).pdf and Article 26 of the UN Model Double Taxation Convention between Developed and Developing Countries and its Commentary (2011 version), http://www.un.org/esa/ffd/documents/UN_Model_2011_Update.pdf are publically available. Article 26 in India's DTAAs is modelled on the basis of the above with some minor differences in individual DTAAs. 2.2.2 In 2005, in the OECD Model Tax Convention, two new paragraphs have been added. The new paragraph 4 provides the obligation to exchange information in situations where the requested information is not needed by the requested State for its domestic tax purposes while the new paragraph 5 stipulates that a Contracting State shall not decline to supply information to a treaty partner solely because the information is held by a bank or other financial institutions. The UN Model Tax Convention also inserted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 update to Article 26 of the OECD Model Tax Convention has amended model paragraph 2 expanding its scope which provides that the information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both States and the competent authority of the supplying State authorizes such use. Since as a matter of policy, India prefers that exchanged information may be shared with other Government agencies, in all new DTAAs as also renegotiated DTAAs, this sentence or similar sentence are being included, which essentially means that most of the new DTAAs as well as renegotiated DTAAs have provisions which allow sharing of information with other law enforcement agencies with the authorization of the supplying State. This also stipulates that information received under the provisions of DTAAs/TIEAs cannot be shared with other agencies unless India's treaty partner specifically authorizes such sharing. 2.2.6 The July 2012 update of the OECD Model Convention has clarified that a group request for information can also be made under Article 26. Thus, it would be possible to request information on a group of taxpay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s generally cannot go beyond their borders to take action to collect taxes and thus these provisions provide a legal basis for collecting taxes by them beyond the boundaries of their country with the assistance of other countries. As of now, the Article on Assistance in Tax Collection is present in 32 of India's84 DTAAs, which are Estonia, Lithuania, Norway, Botswana, Romania, Denmark, Poland, Turkmenistan, Kazakhstan, Sweden, South Africa, Belarus, Trinidad and Tobago, Jordan, Czech Republic, Morocco, Portuguese Republic, Belgium, Kyrgyz Republic, Bangladesh, Ukraine, Uganda, Sudan, Armenia, Iceland, Tajikistan, Luxembourg, Qatar, Mexico, Uruguay, Mozambique and Georgia. 22.8 It may, however, be noted that while the matter of administrative assistance for the purposes of tax collection is dealt with in Article 27, exchange of information for the purposes of tax collection are governed by Article 26. 2.3 Tax Information Exchange Agreements 2.3.1 The basic legal framework for Exchange of Information under TIEAs is provided in "Article 5: Exchange of Information Upon Request". which obliges the competent authority of the requested Party to provide information that is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ive for India from 1st June, 2012. This Multilateral Convention was developed jointly by the European Council and the OECD in 1998. It was revised on 1st June, 2011. In response to the call of G20 countries for a global instrument to fight international tax evasion and avoidance, the Convention was opened for signature of other countries also. India is the first country outside the block of OECD and European Council to ratify this Multilateral Convention. As on 31.10.2012, 42 countries have signed the Convention and for 16 countries, it has entered into force. Some of the countries, such as Ghana and Tunisia, which have signed the Multilateral Convention, do not have DTAA/TIEA with India and thus the Multilateral Convention extends India's treaty network for the purposes of Exchange of Information. 2.5.2 The Parties to the Convention are obliged to provide wide range of administrative assistance to each other subject to the reservations made by them, if any. These include exchange of information on request, automatic exchange of information, spontaneous exchange of information, simultaneous tax examinations, tax examination abroad, assistance in recovery, service of documents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transparency, which have basically been developed on the basis of OECD Model Tax Convention and Model TIEA and their commentaries, requires that information must be available in a jurisdiction, competent authorities must have access to the information, and there must be a legal basis for exchanging the information with other countries. These standards have been developed with the underlying concept that exchange of information for tax purposes is effective when reliable information, foreseeably relevant to the tax requirements of a requesting jurisdiction is available, or can be made available, in a timely manner and there are legal mechanisms that enable the information to be obtained and exchanged. Thus, the transparency and exchange of information embraces three basic components * availability of information e.g. with tax authorities, public registries, money laundering authorities, banks etc. * appropriate access to the information by way of legislative and administrative powers in the hands of the authorities * the existence of exchange of information mechanisms by way of DTAAs/TIEAs etc. 2.7.3 If any of these three elements are missing, information exchange will not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction Revised Proforma for Making Requests A Proforma in which request can be made to a country with which India has entered into a DTAA was prescribed by the CBDT in 2007. In view of the extension of treaty network, changing international standards of information exchange and feedback/clarifications from India's treaty partners, it has been decided to modify the Proforma in which information will be sought by the officers of the field formations. This Proforma is based on the template developed by OECD/Global Forum and is enclosed as Annexure-D, As per the domestic laws of some of the countries, such as United Kingdom. banking information can be provided only after application to Courts/Tribunals and in these cases, additional information, may need to be provided while making a request the details of which may be obtained from officers posted in the FT&TR Division which also contain instructions/guidance in the form of Notes. The Officers in the field formations such as Assessing Officer or the officers of the Investigation Wing or CIT (A) carrying out investigation/enquiry must use this Proforma when they make a request for information from a foreign jurisdiction under the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ma mentioned in Para 3.1 which needs to be filled up by the officer making the inquiry or investigation such as the Assessing Officer or CIT (A) or the officers of the Investigation Wing, should be signed by the CIT/DIT concerned, and should be sent to the Competent Authority, with a copy to the Chief Commissioner of Income Tax/Director General of Income Tax concerned. 3.2.4 Section 142(2) of the Income-tax Act, 1961, provides that for the purpose of obtaining full information in respect of the income or loss of any person, the Assessing Officer may make such inquiry as he considers necessary. The Income-tax Act empowers the Assessing Officer to obtain information from the foreign tax authorities under this provision in accordance with the DTAAs/TIEAs/Multilateral Agreements entered into by India. Section 142(3) provides that the assessee shall, except where the assessment is made under, section 144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under section 142(2) and proposed to be utilised for the purposes of the assessment and thus before making any addition, an opportunity of being heard must be provided to the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If in a group of cases, inquiry/investigation needs to be done, separate Proforma should be filled up for different taxpayers. Further, separate Proforma needs to be filled up for inquiry/investigation from different countries. Thus, for instance, if three members of a family have received gifts from persons located in three different jurisdictions, the total number of Proformas to be filled in would be nine. 3.3.4 Language of the Request for Information: The information which is sought has to be specific and should be described in greatest detail possible. The language should be simple and easily understandable to foreign tax authorities who may not be aware of India's tax laws and procedures. The questions should be framed in such a manner that it can be answered by the foreign tax authorities directly and the details requested should be specific. Thus, if inquiry relates to gifts from a foreign jurisdiction, the request should not be general (for example asking the foreign authorities to verify the creditworthiness of the donor). Such a request would not be understood by the foreign tax authorities. If the tax officer wishes to establish the credit worthiness of the donor, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry to whom request is being made. Under the Multilateral Convention, the persons covered are the residents as well as non-residents of the Parties to the Convention. In SAARC Limited Multilateral Agreement, the persons covered are residents of one or more of the SAARC countries. 3.3.7 Taxes Covered: The Exchange of Information Article in most of India's DTAAs state that the information exchange applies to taxes of every kind and description and goes on to state that the exchange is not limited by Article 2 (Taxes covered). Thus, under the DTAAs, requests regarding other taxes, such as details of sales tax liability or VAT may be requested. In some of DTAAs, the Exchange of Information is restricted to the taxes covered under the Agreement only (e.g. income tax and wealth tax). In the TIEAs the taxes which are covered are listed and information may be requested for those taxes. In the Multilateral Convention countries have specified the list of taxes where they will be providing the assistance (see para 2.4.2 above) and thus the requests may be made for those taxes. 3.3.8 Time Period or Taxable Event and the Period of Limitation: 3.3.8.1 While making a request, the time per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve date, the information of period prior to that date can still be obtained provided it can be proved that this information is relevant for determining the tax liability for the subsequent period. 3.3.8.5 The Multilateral Convention on Mutual Administrative Assistance in Tax Matters provides for administrative assistance related to taxable periods beginning on or after I January of the year following the one in which the Convention entered into force in respect of a Party, or where there is no taxable period (e.g. for withholding taxes), for administrative assistance related to charges to tax arising on or after 1 January of the year following the one in which the Convention entered into force in respect of a Party. However, for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party, that is, the criminal tax matters, the provisions of the Multilateral Convention shall have effect from the date of their entry into force in respect of a Party in relation to earlier taxable periods or charges to tax. 3.3.8.6 The SAARC Limited Multilateral Agreement on Avoidance of Double Taxation and Mutual Administrative Assistance i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le relevance of the request through statement/explanation, 3.3.9.2 The provisions for Exchange of Information do not obligate the requested State to provide information in response to requests that are "fishing expeditions". i.e. speculative requests that have no apparent nexus to an ongoing specific inquiry or investigation. The examples of such "fishing expedition" would include, for instance, request for details of al} the bank accounts of all residents of the requesting State maintained in the banks of the requested State or details of all shareholders resident of requesting State of a company located in requested State. Hence, the requests made should be specific. 3.3.9.3 It has been clarified in the July, 2012 update to Article 26 by the OECD that the standard of "foreseeable relevance" requires that at the time a request is made there is a reasonable possibility that the requested information will be relevant; whether the information, once provided, actually proves to be relevant is immaterial. Thus, the requested State may therefore not decline requests in cases where a definite assessment of the pertinence of the information to an ongoing in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs in the group. Usually, although not necessarily, a third party will have actively contributed to the non-compliance of the taxpayers in the group 3.3.10 Relevant Background Information and Enclosure of Necessary Evidence: In the Proforma, the necessary background information, which would typically include a brief summary of the ongoing examination or investigation and how the requested information relates to this examination or investigation, should be included, if necessary as Annexures. It should be explained in great detail as to why the information which has been requested from a foreign tax authority is required for the purpose of administration and enforcement of domestic tax laws. If required, additional supporting information may be attached separately as appropriate. Copies of documents available with the tax authorities may be attached for the assistance of foreign tax authorities. For instance, if during a search operation, a paper is seized which records the bank account number, a copy of the seized document may be attached in addition to listing the bank account number separately. This will enable the foreign tax authorities to look for further clues available in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formation from a foreign jurisdiction, must specify whether information should be supplied in hard copy or in electronic format (where available), nature of authentication of the information, if any, and any other requirements in respect of the form in which the information needs to be provided. 3.3.16 Exchange of Information Available in the Jurisdiction -- Multi-level Enquiry Necessary in Some Cases: As per the currently agreed international standards, the Contracting States/Parties are obliged to exchange information which is held by the jurisdiction or is within the possession or control of persons within the jurisdiction's territorial jurisdiction. This creates a limitation of exchanged information in multi-level investigation involving entities located in more than one jurisdiction. For instance, if a request is made to jurisdiction A to provide ownership information of a company resident in A, and if it gives the information that the owners of company are residents in country B, then further enquiry will have to be made from county B to identify the next level of ownership. Similar enqui1Y may be necessitated in case of flow of funds. Thus, in many cases, complete infor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for carrying out the provisions of the DTAAs or for the administration and enforcement of the domestic law of the country, should be demonstrated clearly although it must be understood that the standards of foreseeable relevance is very wide and except for few specific instances, the requested State may not decline the request for information * All the relevant background information, including a brief summary of the ongoing examination or investigation and how the requested information relates to this examination or investigation, should be included, if necessary as Annexures. * In some cases, multi-level enquiry from a number of jurisdictions, may become necessary and follow up requests need to be made for taking the investigation to its logical end * Following declaration should be made (a) the information received will be kept confidential (b) the request is in conformity with domestic laws and administrative practices and the agreement, (c) information would be available under domestic laws and normal administrative practices and (d) all means available in India to obtain the information, except which may give rise to disproportionate difficulties have been pursued. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acy at any time and (iii) which allows financial statements to be prepared * Underlying documents of the accounting records such as invoices, contracts etc. reflecting details of (i) all sums of money received and expended and the matters in respect of which the receipt and expenditure takes place (ii) all sales and purchases and other transactions and (iii) the assets and liabilities of the relevant entity or arrangement * Price paid for acquiring an asset in a foreign jurisdiction to determine whether the taxpayer has claimed the expenditure correctly, both on revenue account for claim of expenditure for the purposes of business or on capital account for claim of depreciation * Banking information (held by banks or other financial institutions) including all records pertaining to the accounts as well as to related financial and transactional statements * Tax returns filed by the taxpayer under examination or the related foreign party. For instance, if loan/gift is received from a foreign entity, the tax returns of the concerned entity may be examined for the credit worthiness * Information regarding taxes paid by an Indian taxpayer in a foreign country for giving proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e foreign taxpayer with the Tax Department. Information about the Transaction: The Investigation Officer may like to request for the documents related to the transaction entered in to by the foreign person with the Indian taxpayer and thus he may seek the following information: * Copy of the ledger account of the Indian taxpayer in the books of accounts of the foreign taxpayer or the other ledger accounts to cover the whole chain of transactions with the Indian taxpayer. For exam le if the Indian taxpayer has claimed some expenses in the name of foreign person but the payment has been made through some intermediary, in that case the ledger account of the Indian taxpayer may not be available in the books of accounts of the foreign person and rather the ledger account of the intermediary may serve the purpose. * Copy of the documents related to the remittance of the money. These documents may be obtained either from the taxpayer or form the banking undertakings. Source of Funds: The Investigating Officer may enquire in to the source of the funds of the foreign person by requesting the following information: * The source of funds of the foreign concern for the investment in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs may need information that is not available domestically and exchange of information may provide assistance concerning transactions within a multinational enterprise. 3.4.4 Exchange of Information for Administration and Enforcement of Domestic Laws Under the DTAAs, the information can also be exchanged for the purposes of administration or enforcement of domestic laws of the country making the request. The TIEAs and Multilateral Convention obliges the Contracting Parties to exchange information that is foreseeably relevant for administration and enforcement of the domestic law of the requesting Party. July, 2012, update to Article 26 of the OECD Model Tax Convention provides a number of examples clarifying which information can be exchanged as under: (a) A company in State A supplies goods to an independent company in State B. State A wishes to know from State B what price the company in State B paid for the goods with a view to a correct application of the provisions of its domestic laws. (b) A company in State A sells goods through a company in State C (possibly a low-tax country) to a company in State B. The companies may or may not be associated. There is no convention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnal taxation procedure, as the pertinent information is not in the possession or control of persons within its jurisdiction. The credit card numbers identify an issuer of such cards to be Bank B in State B. Based on an open inquiry or investigation, State A sends a request for information to State B, asking for the name, address and date of birth of the holders of the particular cards identified during its investigation and any other person that has signatory authority over those cards. State A supplies the relevant individual credit card numbers and further provides the above information to demonstrate the foreseeable relevance of the requested information to its investigation and more generally to the administration and enforcement of its tax law. (g) Company A, resident of State A, is owned by foreign unlisted Company B, resident of State B. The tax authorities of State A suspect that managers X, Y and Z of Company A directly or indirectly own Company B. If that were the case, the dividends received by Company B from Company A would be taxable in their hands as resident shareholders under country A's controlled foreign company rules. The suspicion is based on information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf often contains information that may be relevant to identify a tax risk in the country to which the request is made. A request may be helpful for instance to detect taxpayers who have not filed a tax return or defaulted in respect of their tax payment obligations, taxpayers who have been involved in cross border aggressive tax planning arrangements, identity theft and identity fraud cases, false invoicing cases, potential debt risk cases, independent personal services carried on abroad and not reported for tax purposes etc. The tax authority of the requested country may wish to determine whether the taxpayer(s) mentioned in the information request possesses substantial assets in the country (e.g. real estate, cash, and shares) that may indicate a tax liability in the requested country. 3.4.5 Limitations on Exchange of Information The Contracting States/Parties are not obliged to exchange information which are not foreseeable relevant for administration and enforcement of the domestic laws of the requesting State/Party. However, as stated earlier, if the requesting State provides an explanation as to the foreseeable relevance of the requested information, the requested State ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etimes, particularly when the requests are not complete or clear, foreign authorities seek clarification/ additional information on the request. In such cases, it is important that such clarifications/additional information should be sent at the earliest and within the time period stipulated. If there is either inordinate delay in providing clarification/additional information or no response is sent, the foreign authorities may close the request and no information can be obtained in such cases. This would also reflect adversely on the administration of the Indian Income Tax Department in the eyes of the foreign tax authorities. This aspect of timely submission of further clarifications/additional information should be personally monitored by the Commissioner of Income Tax/Director of Income Tax concerned to ensure unavoidable delays. 3.6 Extension of Time Limit for Completing Assessments Through Finance Act, 2012, sections 153 and 153B have been amended to provide that in computing the period of limitation, the period commencing from the date on which a reference for exchange of information is made by an authority competent under the agreements referred to in sections 90 or 90A ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for other purposes when such information may be used for such other purposes under the laws of both States and the competent authority of the supplying State authorises such use." This language has now been recommended to be added in Article 26 itself as per the 2012 update to Article 26 of the OECD Model Tax Convention. The above paragraph means that if Contracting States wishes to broaden the purposes for which they may use information exchanged under Article of Exchange of Information, they may do so by including the above text in their Article on Exchange of Information in their Agreements. 3.8.3 India started revising its Article on Exchange of information in 2009 for bringing it in line with international standards and has been negotiating with its treaty partners to include the paragraph referred above in all its existing article on exchange of information. As on date, the said paragraph enabling the Competent Authority to share the information with other agencies. with the approval of the Supplying state, is available in the Agreements with the following countries: 1. Swiss Confederation 2. Norway 3. Nepal 4. Mozambique 5. Georgia 6. Estonia 7. Lithuania ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e officers in the Exchange of Information (EOI) cell of the FT&TR Division reporting to them. The EOI cell enters the request in the database and also scans copies of the request and the enclosing documents and store in the secured computerized system. 4.2.2 Verification of the validity of the request: The Competent Authority/EOI cell verifies the validity of the request, that is, whether the request has been made under the provisions of the DTAAs/TIEAs/Multilateral Convention and whether it is complete in all respects. This verification process include a) Whether there is a legal instrument for exchange of information in place (DTAA/TIEA/Multilateral Convention/SAARC Limited Multilateral Agreement) with the foreign country b) Does the information relate to taxes covered by the EOI instrument c) Does the information relate to tax years covered by the EOI instrument d) Is the information requested foreseeably relevant to an ongoing tax examination, investigation or inquiry e) Is the request detailed enough, that is, if there is sufficient background information provided to understand the request and if the information is sufficient to identify a taxpayer or group of taxpa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lready with the tax authority, within two months of the receipt of the request * Where the information requested is not already held by the tax authority, within six months of the receipt of the request * Pointing out deficiencies, if any, within sixty days of the receipt of the request * Informing obstacles in obtaining information, if any, within ninety days of the receipt of the request Maintaining of above timelines is monitored through the Peer Review Group of the Global Forum on Transparency and Exchange of Information for Tax Purposes. In view of the unavoidable delays in the process of communications, both from one Competent Authority to another Competent Authority and also from EOI Cell to field formations, the field formations are accordingly directed to forward the information to the EOI Cell as per the following timeline * Within fifteen days if the information is already available with the tax authorities, such as, tax returns * Within thirty days, if the information can only be obtained after carrying out outside enquiries * Informing within thirty days, if there are obstacles in obtaining information or if there are deficiencies in the request 4.2.5 Mak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry in simple language which can be understood by the foreign tax authorities should be provided * The information requested, including copies of documents (e.g. records, contracts, invoices) as well as any information not specifically requested but likely to be useful based on the information provided in connection with the request should be provided * If the foreign tax authorities have requested the information in a particular format for evidentiary value, the specific forms for deposition of witnesses or the manner in which copies of original documents are to be authenticated, the same should be done * Other relevant information such as the type of action taken to gather the information, the tax periods for which the information is provided, whether the taxpayer or a third person has been notified about the exchange should also be provided. CHAPTER-V: ASSISTANCE IN COLLECTION OF TAXES 5.1 Request to a Foreign Country/Jurisdiction 5.1.1 International cooperation in tax administration matters may take many forms including assistance in tax collection. Taxpayers may have assets outside their country of residence, but tax authorities generally cannot go beyond their borders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erstand that the interest portion of the tax claim is variable over time. It is also important to ensure that all efforts have been exhausted to recover taxes from assets located in India, before making reference to other country. 5.2 Request from a Foreign Country/Jurisdiction The request for Assistance in Collection of Taxes is also received from a foreign jurisdiction through the office of the Competent Authority. These requests are forwarded through the jurisdictional Chief Commissioner/Commissioner to the Tax Recovery Officer (TRO) within which such property is situated for necessary action/compliance. Section 228A of the Income tax Act, 1961 empowers TRO to recover the amount specified in the certificate in the manner in which he would proceed to recover the amount specified in a certificate drawn up by him under section 222 and remit any sum so recovered to the Indian Competent Authority after deducting his expenses in connection with recovery proceedings. CHAPTER-VI: OTHER FORMS OF ADMINISTRATIVE ASSISTANCE 6.1 Introduction As seen earlier, the DTAAs/TIEAs/Multilateral Instruments entered into by India provides for a multitude of administrative assistance, in addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le properties, business profits, income from government services, capital gains and payments to students etc. The OECD has recently issued a booklet on Automatic Exchange of Information: What It Is, How It Works, Benefits, What Remains to be Done, which is available on the Internet, http://www.oecd.org/ctp/exchangeofinformation/ AEOI_FINAL_With%20cover_WEB.pdf 6.3 Automatic Exchange of Information as Standard of Exchange of Information Automatic Exchange of Information is one of the most effective ways to improve voluntary tax compliance and decrease the incidence of tax evasion. Although many countries have started exchanging information automatically, at present it is not mandatory as per the provisions of the DTAAs/TIEAs and is not considered as part of the international standards on transparency and exchange of information for tax purposes. India has taken a lead in making the automatic exchange of information as standards so that all countries start exchanging the information available with them regarding taxpayers of other countries voluntarily and on automatic basis. India's commitment to the exchanging information periodically was demonstrated by the speech of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Y. 2009-10, 2010-11 and 2011-12 to more than fifty of its treaty partners. We have also requested them to send the information available with them. In view of this and also because of efforts at global levels to popularize the Automatic EOI, we expect more information to be received under the automatic route in future. 6.4.4 As the automatic exchange of information will become more popular, we will need to address a number of challenges, including * Standardization of the format in which information is exchanged between countries. The OECD has been working on this standardization and has prescribed an advanced standard using XML language (STF Format). * Sending information available with Indian tax administration to foreign jurisdictions in the standard format of STF. * Secured and standard platform for transmission of data between different countries and also from the Competent Authority to the field units * Matching of the data received from the foreign jurisdictions with India's own database and populating the PAN database with the information received * Carrying out risk assessment and identifying the cases for scrutiny * Feedback on utilization of information ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on liable to tax obtains a reduction in or an exemption from tax in one State, for instance by getting relief at the appellate stage, which would give rise to an increase in tax or to liability to tax in the other State * foreign taxpayer has limited liability in India, e.g. royalty income of 10% and the remaining taxes need to be paid in the foreign country * payment to a foreign taxpayer without imposition of withholding tax at full rate * business dealings between a person liable to tax in one State and a person liable to tax in the other State are conducted through one or more countries in such a way that a saving in tax may result in one of the States or in both * there are grounds for supposing that the same tax avoidance scheme which has been identified during a tax audit may be used in other countries. In few cases, the need for sharing the information with a foreign jurisdiction may arise after evidence found during search and seizure operations or other sensitive enquires being conducted by the Investigation Wing of the Department. In such cases, the information should be sent to the Competent Authority through Member (Investigation). 6.8 Tax Examination Abroad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest, with a view to exchanging any relevant information which they so obtain. This may be useful in cases of scrutiny assessment of multi-national corporations having operations in different countries or in transfer pricing audits. Request for the same may also be made through the office of Competent Authority. 6.10 Joint Audits A joint audit means two or more countries join together to form a single audit team to examine an issue of one or more related taxable persons with cross-border business activities, organized in the participating countries and in which the countries have a common or complementary interest. It also includes the taxpayer jointly makes presentations and shares information with the countries. The joint audit team may include Competent Authority representatives, joint audit team leaders and examiners from each country. CHAPTER-VII: UTILIZATION OF INFORMATION RECEIVED FROM A FOREIGN JURISDICTION 7.1 Introduction In the previous Chapters, it has been seen that substantial information is being received from India's treaty partners and it is essential that the same must be effectively utilized during investigations and making assessments, levying of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of the information 2. If the information is not useful, reasons thereof, e.g., information received was too late or it was incomplete or not relevant 3. The additional tax revenues realized 4 Tax evasion method detected, if any, and other related details 5. Acknowledgment and appreciation of the fact that the request for information was given high priority 6. Any other useful comments/suggestions 7.2.4 The officer who has made the request must provide interim feedback in all the cases regarding the usefulness of the information received from foreign jurisdiction within two months of the receipt of information. Supplementary feedback may be sent after the information is utilised and results are obtained. The Commissioner of Income Tax/Director of Income Tax concerned should ensure that the ADIT/DDIT and the Assessing Officer sends the feedback in a regular and timely manner. 7.2.5 The feedback should be forwarded by the CIT/DIT concerned to JS(FT&TR-I) and JS(FT&TR-II) as the case may be, who in turn will provide the feedback to their counterpart in other country. 7.3 Standard Operating Procedure with Regard to Ways to Handle Information Received through Automatic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use of Automatic Exchange of Information 7.4.1 The feedback of automatic exchange is very important. To illustrate this point let us assume a case where a foreign resident in India has interest income. He files a declaration that he is resident of a country with which India has DTAA and, therefore, entitled to reduced rate of withholding tax. The tax is withheld accordingly at reduced rate. This information is passed on to the tax authority of the other country by India under automatic route. It is the duty of the other country to provide feedback. There is always a possibility that the other country may find that the person is not resident of that country. In that case that country should immediately inform India so that Indian tax authority can take necessary action. Same applies to automatic information received by India from other countries. Thus, automatic exchange of information is a two way process which helps both the countries. 7.4.2 The format in which the officers in the field formation needs to provide the feedback is enclosed as Annexure-I. The first feedback should be provided within two months of receipt of the information. If on verification of the information, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions made in the course of any assessment proceedings under the Act. Section 280 of the Income-tax Act, 1961, provides that if a public servant furnishes any information or produces any document in contravention of the above, he shall be punishable with imprisonment which may extend to six months and shall also be liable for fine. These provisions have been put in so that the taxpayers have confidence in the system and are ensured that their sensitive financial information is not disclosed inappropriately, whether incidentally or by accident. The Supreme Court in a recent decision, Girish Ramchandra Deshpande vs. Central Information Commissioner & others Special Leave Petition (Civil) No. 27734 of 2012 has held that the details disclosed by a person in his income tax returns are "personal information" which stand exempted under clause (j) of section 8(1) of the Right to Information Act, 2005, unless it involves a large public interest. 8.2 Confidentiality under the Provisions of DTAAs/TIEAs 8.2.1 Under the provisions relating to Exchange of Information, any information received by a Contracting State shall be treated as secret in the same manner as information obtained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sclosed in public court proceedings, for instance during prosecution proceedings or in judicial decisions * The information received from foreign Government is exempt from disclosure under section 8(1)(a) and 8(1)(f) of the Right to Information Act, 2005 * The information received from a foreign jurisdiction needs to be kept under lock and eye and the officer concerned is directly responsible for any unauthorized access of the information * All the information received or sent must be stored in a secure manner and the access should be strictly controlled on a need to know basis. Where an IT system is used, access should be with individual login and password. 8.4 Computer Data Protection Sometimes, the information is received from India's treaty partners in electronically. It is of utmost importance that this information must be transmitted in a secured manner after proper encryption and password protection. This should be done both for transmission through emails and also through Compact Discs. No copies should be made unless absolutely necessary and record of such copies and the persons handling the data should be maintained. ANNEXURE-A: India's DTAAs AND TIEAs D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) 50. New Zealand 3rd December, 1986 JS(FT&TR-II) 51. Norway 20th Dec, 2011 JS(FT&TR-I) 52. Oman 3rd June, 1997 JS(FT&TR-II) 53. Philippines 21st March, 1994 JS(FT&TR-II) 54. Poland 26th October, 1989 JS(FT&TR-I) 55. Portuguese Republic 30th April, 2000 JS(FT&TR-I) 56. Qatar 15th January, 2000 JS(FT&TR-II) 57. Romania 14th November, 1987 JS(FT&TR-I) 58. Russia 11th April, 1998 JS(FT&TR-I) 59. Saudi Arabia 1st November, 2006 JS(FT&TR-II) 60. Serbia 23rd September, 2008 JS(FT&TR-I) 61. Singapore 1st Sep., 2011 JS(FT&TR-II) 62. Slovenia 17th February, 2005 JS(FT&TR-I) 63. South Africa 28th November, 1997 JS(FT&TR-II) 64. Spain 12th January, 1995 JS(FT&TR-I) 65. Sri Lanka 19th April,1983 JS(FT&TR-II) 66. Sudan 15th April, 2004 JS(FT&TR-II) 67. Sweden 25th December, 1997 JS(FT&TR-I) 68. Swiss Confederation 7th Oct, 2011 JS(FT&TR-I) 69. Syria 10th November, 2008 JS(FT&TR-II) 70. Taiwan 2nd September, 2011 JS(FT&TR-II) 71. Tajikistan 10th April, 2009 JS(FT&TR-II) 72. Tanzania 20th Dec, 2011 JS(FT&TR-II) 73. Thailand 13th March, 1986 JS(FT&TR-II) 74. Trinidad and Tobago 13th October, 1999 JS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) KOREA 27-05-2010 26-03-2012 01-07-2012 27-05-2010 (P) 26-03-2012 01-07-2012 MALTA 26-10-2012 (AC) MAXICO 27-05-2010 27-05-2010 (P) 23-05-2012 01-09-2012 MOLDOVA 27-01-2011 24-11-2011 01-03-2012 27-01-2011 (P) 24-11-2011 01-03-2012 NETHERLANDS 25-09-1990 15-10-1996 01-02-1997 27-05-2010 (P) NEW ZEALAND 26-10-2012 (AC) NORWAY 05-05-1989 13-06-1989 01-04-1995 27-05-2010 (P) 18-02-2011 01-06-2011 POLAND 19-03-1996 25-06-1997 01-10-1997 09-07-2010 (P) 22-06-2011 01-10-2011 PORTUGAL 27-05-2010 27-05-2010 (P) ROMANIA 15-10-2012 15-10-2012 (P) RUSSIA 03-11-2011 (AC) SLOVENIA 27-05-2010 31-01-2011 01-05-2011 27-05-2010 (P) 31-01-2011 01-06-201 1 SOUTH AFRICA 03-11-2011 (AC) SPAIN 12-11-2009 10-08-2010 01-12-2010 11-03-2011 (P) 28-09-2012 01-01-2013 SWEDEN 20-04-1989 04-07-1990 01-04-1995 27-05-2010 (P) 27-05-2011 01-09-2011 TUNISIA 16-07-2012 (AC) TURKEY 03-11-2011 (AC) UKRAIN 20-12-2004 26-03-2009 01-07-2009 27-05-2010 (P) UNITED KINGDOM 24-05-2007 24-01-2008 01-05-2008 27-05-2010 (P) 30-06-2011 01-10-2011 UNITED STATES 28-06-1989 30-01-1991 01-04-1995 27-05-2010 (P) ANNEXURE-C: Terms of Refere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting records should (i) correctly explain all transactions, (ii) enable the financial position of the Entity or Arrangement to be determined with reasonable accuracy at any time and (iii) allow financial statements to be prepared. A.2.2. Accounting records should further include underlying documentation, such as invoices, contracts, etc. and should reflect details of (i) all sums of money received and expended and the matters in respect of which the receipt and expenditure takes place; (ii) all sales and purchases and other transactions; and (iii) the assets and liabilities of the relevant entity or arrangement. A.2.3. Accounting records should be kept for 5 years or more. A.3 Banking information should be available for all account-holders. A.3.1. Banking information should include all records pertaining to the accounts as well as to related financial and transactional information. B. Access to Information -- Essential Elements B.1 Competent authorities should have the power to obtain and provide information that is the subject of a request under an exchange of information arrangement from any person within their territorial jurisdiction who is in possession or control of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the domestic tax laws of the requesting jurisdiction. C.1.2. provide for exchange of information in respect of all persons (e.g. not be restricted to persons who are resident in one of the contracting states for purposes of a treaty or a national of one of the contracting states). C.1.3. not permit the requested jurisdiction to decline to supply information solely because the information is held by a financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. C.1.4. provide that information must be exchanged without regard to whether the requested jurisdiction needs the information for its own tax purposes. C.1.5. not apply dual criminality principles to restrict exchange of information. C.1.6. provide exchange of information in both civil and criminal tax matters. C.1.7. allow for the provision of information in specific form requested (including depositions of witnesses and production of authenticated copies of original documents) to the extent possible under the jurisdiction's domestic laws and practices. C.1.8. be in force; where agreements have been signed, jurisdictions mus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sure timely responses. C.5.3. Exchange of information assistance should not be subject to unreasonable, disproportionate, or unduly restrictive conditions. ANNEXURE-D: Proforma for seeking Information under Exchange of Information Article in the DTAAs/TIEAs/Multilateral Agreements (to be filled up in dublicate as per Instructions given in the Manual and as per Notes indicated against each column) 1. To: Note 1 2. From: Note 2 3. Contact Point Name: Note 3 Email: Telephone: Fax: 4 Legal Basis: Note 4 5. Reference numbers and related matters Reference number: Note 5 Initial request: Please check the box: Yes No If no, please provide reference number(s) and date(s)of any related request(s): Acknowledgment needed: Please check the box: Yes No Number of attachments to the request: Note 6 Total numbers of pages for all attachments: Note 7 6 Urgency of reply Date if any, after which information would no longer be useful: Note 8 Urgent reply required due to: Please check the box: Statute of limitation: date: suspected fraud Court case Other reasons (please specify): Note 9 7 Identity of person(s) under examination or investigation: Note 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... untries of Central America and Caribbean), Europe and Japan Joint Secretary (FT&TR-I) Room No. 803, 'C' Block, BhikajiCama Place HudcoVishala Building, New Delhi 110066 Phone: +91-11-26108402 FAX: +91-11-26177990 Rest of the World Joint Secretary (FT&TR-II) Room No. 804, 'C' Block, BhikajiCama Place HudcoVishala Building, New Delhi -- 110066 Phone: +91-11-26104504 FAX: +91-11-26104504 Note 3 The contact details of the officers at FT&TR Division needs to be mentioned here and thus the column should be kept blank Note 4 The legal basis of making the request, for instance Article 26 of the DTAA between India and-----------or Article 5 of the TIEA between India and----------or Article 4 of the Multilateral Convention on Mutual Administrative Assistance in Tax Matters or Article 5 of the SAARC Multilateral Limited Agreement may be mentioned Note 5 This column will be filled up by FT&TR Division Note 6 The number of attachments with the Proforma should be mentioned Note 7 The total number of ages for all the attachments need to be mentioned Note 8 The date after which information will no longer be useful may be mentioned here. However, if the informat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and their relationship with the taxpayers may be specified. Note 16 The information which is requested should be mentioned specifically and in a simple and easily understandable language. Note 17 The grounds for believing that the information is available in the requested jurisdiction should be mentioned Note 18 The name and address (to the extent known) of the person believed to be in possession of the information should be mentioned. Note 19 The form in which the information is required for evidentiary value, for example, the specific forms for deposition of witnesses or the manner in which copies of original documents are authenticated may be mentioned. Note 20 If the information is requested in English, the same may be indicated here Note 21 Before making the request, it should be ensured that the four conditions mentioned here have been satisfied so that the competent authority gives an undertaking for the same before making a request Note 22 The name and designation of the concerned Commissioner of Income Tax/Director of Income Tax making the request should be mentioned and he should sign and verify the content of the information contained in the request. ANNEX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Under Secretary (FT&TR-III) (I) Mr. Vipul Agarwal, IRS Room No. 905, 9th Floor. "C" Wing, HudcoVishala Building, BhikajiCama Place, New Delhi-110066 Email: vipul.agarwal@nic. in Ph: +91-11-26179265 Fax: +91-11-26179265 Under Secretary (FT&TR-III) (2) Mr. P S Sivasankaran, İRS Room No. 905, 9th Floor, "C" Wing, HudcoVishala Building, BhikajiCama Place, New Delhi-110066 E-mail: siva.sankaran(@nic.in PH: +91-11-26179269 Fax: +91-11-26179269 Office of Joint Secretary FT&TR-II: Director (FT&TR-IV) Mr. Sukesh Jain, IRS Room No. 901, 9th Floor, "C" Wing, HudcoVishala Building, BhikajiCama Place, New Delhi-110066 E-mail: [email protected] PH: +91-26177567 Fax +91-11-26177567 Under Secretary (FT&TR-IV) (1) Vadant Room No. 802, 8th Floor, "C" Wing, HudcoVishala Building, BhikajiCama Place, New Delhi-110066 E-mail: [email protected] PH: +91-11-26179275 Fax: +91-11-26179275 Under Secretary (FT&TR-IV) (2) Mr. AlokMaıviya, IRS Room No, 807, 8th Floor, "C" Wing, HudcoVishala Building, BhikajiCama Place, New Delhi- 110066 Email: [email protected] PH: +91-11-26179436 Fax: +91-11-26179436 ANNEXURE-F: case Studies Case Study 1: Bogus Fore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Country A * Whether the donors are resourceful persons to make gifts as mentioned * Whether the transactions are bonafide * Whether the donors are assessed to income-tax or any other tax applicable in the foreign country. * Whether such details have been disclosed in their returns filed before the tax authorities of that country. * Whether the bank accounts from which the monies were drawn to effect gifts are maintained continuously, if so, copy of such accounts. The information provided by Country A proved that the said individuals have no capacity to remit the said sum because the total income returned by them were only in few thousand dollars which is disproportionately lower compared to the remittances shown to have been made. In this case, it has also come to light that the said individual had filed fictitious/forged foreign return of income details in India as per the records of the Tax Authorities in Country A. Having done so, he had claimed huge foreign tax credits in his Indian return against his Indian tax liabilities whereas his actual return filed in Canada was only meagre. The fictitious tax credit claims were therefore disallowed. Case Study 3: Investmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operation was conducted on the Indian taxpayer Mr. X, in which it was found that he was in receipt of loans and gifts from Mr. Y, Mr. Z and Mr. W, the residents of Country A of about Rs. 40 million and credited the same into his bank account in India. Information received from Country A revealed that Mr. X, Y and Z had no capacity to gift the said sum because the total income returned by them were only in few thousand pounds. Case Study 6: Foreign Bank Account not reported Competent Authority of Country A passed on spontaneous information about remittances to the extent of about USD 5 million in bank accounts of the Indian Company by a Company in Country A. This remittance was made to bank account of the Indian entity maintained in Country B. Based on the information received, the Income Tax Authorities carried out a survey under section 133A of the Income-tax Act, 1961, at the business premises of Indian Company. During the course of survey, unexplained cash of more that Rs. 10 million was found and the survey was converted into search and seizure operation. During the course of search, when confronted with the information received from Country A, the Managing Director of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax evasion in India. Case Study 9: Information Provided by Indian Tax Authorities Regarding Beneficiaries of Foreign Trust Tax Authorities of Country A, while conducting the audit of the Tax Payers of that country Mr. P, M/s Q and M/s R for the years 2006 to 2008, required some information in respect of Mr X, a resident of India who was involved in the management of the business of Mr P who was also a previous officer of M/s Q and Mr Y whom they suspect to be controlling M/S R. Country A, during their audit, noticed that several transactions of the said entities had reflected the involvement of the tax payers of foreign countries viz., India and many other foreign countries. Accordingly, the Competent Authority of Country A made a reference to India to obtain certain information in respect of two individuals Mr X and Mr Y, residents of India, whom they suspect to be having certain transactions with the foreign entities of Mr. P, M/s Q and M/s R. They made the following request * Evidence showing that Mr Y or his relatives control M/s R; * Any evidence confirming whether or not Mr Y is the real beneficial owner of this corporation; * Any other information that may help ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, if any, may be mentioned Note 7 Details of action taken, for instance, conducting of surveys, taking statements, getting information from a third party etc. should be indicated in detail including the fact as to whether the taxpayer has been notified Note 8 The results of enquiry should be mentioned here in greatest detail and if necessary Annexures may be added Note 9 Details of documents attached may be mentioned here with number of pages of each Note 10 The form in which feedback is requested from the foreign tax authorities should be mentioned here Note 11 The Proforma should be signed by the officer concerned, that is, the Assessing Officer or the ADIT/DDIT, who has conducted the investigation ANNEXURE-H: Proforma for seeking Assistance in Collection of Taxes under DTAAs/TIEAs/Multilateral Convention (to be filled up in duplicate as per Instructions given in the Manual and as per Notes indicated against each column) 1 To: Note 1 2 From: Note 2 3 Contact Point Name: Note 3 Email: Telephone: Fax: 4 Legal Basis: Note 4 5 Reference numbers and related matters Reference Number: Note 5 Initial request: Please check the box: Yes No If no, please ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on Mutual Administrative Assistance in Tax Matters or Article 6 of the SAARC Limited Multilateral Agreement may be mentioned Note 5 This column will be filled up by FT&TR Division Note 6 The number of attachments with the Proforma should be mentioned Note 7 The total number of pages for all the attachments need to be mentioned Note 8 The date after which Assistance will no longer be useful may be mentioned here. This may be due to the statutory time limitation or due to any other reason to be mentioned specifically. Note 9 The box stating the reasons for urgent reply needs to be ticked here. If reasons mentioned in more than one box are applicable, all the relevant boxes may be ticked. Note 10 The identity of the person or entity under from whom the revenue claim is due such as full name, date of birth, Permanent Account Number (PAN), Full address and other details available on record. Note 11 The date on which the tax claim was made on the taxpayer for the first time. Generally it will be the date of issue of notice of demand. Note 12 The taxes for which the request are made should be mentioned like Income-Tax. Wealth-Tax, Security Transaction Tax etc. Note 13 T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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