9911796707
TMI BlogStandard Operating Procedure (SOP) to be followed by the Assessing Officers in verification of Cash transactions relating to demonetisationX X X X Extracts X X X X X X X X Extracts X X X X ..... lect transactions through jurisdictional Assessing Officers ( AOs ). 2. OVERVIEW OF ONLINE VERIFICATION The online verification has been enabled on e-filing portal (for persons under verification) which will be synchronized with the internal verification portal (AIMS module of ITBA) of ITO. The salient features of online verification mechanism are as under : 2.1 ITO has enabled online verification of these transactions to reduce compliance cost for persons under verification while optimizing its The information in respect of these cases has been made available in the e filing window of the PAN holder (after log in) at the portal https://incometaxindiaefiling.gov.in. The PAN holder can view the information using the link Cash Transactions 2016 under Compliance section of the portal. The person under verification will be able to submit online explanation without any need to visit Income Tax office. 2.2 Email and SMS were sent to the persons under verification for submitting online response on the e filing Such persons who are not yet registered on the e-filing portal (at https://incometaxindiaefiling.gov.in) should register immediately by clicking on the Register ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs with the taxpayer community and CAs/Bar Associations to educate them about the online verification facility and its benefits. So far, communication with the person under verification has been made under section 133C of the Income-tax Act, 1961( Act ). In cases where online response has not been submitted, AO shall generate a letter from the Verification portal on ITBA to the person under verification for submission of online response (except when immediate survey is contemplated) on the e-filing portal and ensure its service . This process should be completed within 7 days of availability of information on the portal. 5. CONDUCTING VERIFICATION At the outset, it should be clearly understood that this exercise relates to preliminary verification of information only and the same should not be construed as conducting scrutiny or in-depth authentication . The entire process envisages end-to-end e-verification in which the concerned person would be required to electronically file his response on e-filing portal which shall be examined and monitored electronically by the tax department through Online Verification platform (ITBA) . The two systems are harmonized in a manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ven in the Annexure with a view to maintain consistent approach during If the sources informed by the person under verification are other than those indicated in the Annexure, suitable parameters should be decided by the AO in consultation with the range head and Pr. CIT concerned. 5.7 It should be ensured that the communications made online with the persons under verification should be in very polite language without containing any element of threat or warning . No show cause of any kind should be 5.8 The verification of a particular case shall be complete only when: (a) each information record reflected in that case gets verified and has been marked either as Acceptable or Non-Acceptable (with mentioning of undisclosed income in the latter category); and (b) Approval has been given by the supervisory authority as prescribed at Para 7 of this instruction . 5.9 If no satisfactory explanation is provided, the undisclosed income may be quantified considering the facts of the case. Brief summary of verification may be mentioned under verification remarks. 5.10 The cases under the Non Acceptable category would get escalated back to the Directorate of Systems and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granting approval by the prescribed approving 8. DEALING WITH NON-COMPLIANCE In cases where online response has not been submitted even after service of letter, the ITS profile of such PAN holders may be viewed to access information reported in earlier returns and under TDS/AIR/CIB. In case the cash deposit is not in line with the earlier return or information profile of the person under verification, necessary facts may be collected inter-alia by exercising the powers under section 133(6) with the approval of prescribed authority. In appropriate cases depending upon the online response or otherwise, survey action u/s 133A can be considered. During survey, where there is suspicion of back dating or fictitious cash transactions , CCTV recording of the cash counter at relevant banks may also be checked, if necessary. Reference can also be sent to the Investigation wing in appropriate cases. In cases of intrusive actions [ 133(6) / 133A /ref. to lnv. Wing], the outcome needs to be reported by the AO in the online portal also . 9. INITIATION OF PENALTY PROCEEDINGS UNDER SECTIONS 269SS/269T OF THE ACT In case, the transaction being loan received/repaid in cash a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss or requirement to maintain books of accounts, no additional information is required to be submitted by the person under verification if total cash out of earlier income or savings (sum of responses for all cash transactions) is not more than the closing cash balance as on 31st March 2016 in the return for AY 2016-17 . However, if the AO has reason to believe that the closing cash balance as on 31st March 2016 has been increased by revising the return or backdating transactions in the books of account, further verification may be carried 1.5 In case of persons engaged in business or required to maintain books of accounts, if total cash out of earlier income or savings (sum of responses for all cash transactions) is more than the closing cash balance as on 31st March 2016 in the return for AY 2016-17, the AO needs to consider the remarks provided by the taxpayer and seek relevant information, e. closing balance as on 31st March 2016 as reflected in the books of account . During verification, the AO may consider the information provided by the person under verification, income earned during past years, source of such income, filing of ROI and income shown therein, cash withdrawa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s (without PAN) 5.1 The AO needs to verify if the cash receipts are not in line with the normal practices of concerned business as mentioned in the earlier returns of Income after considering the remarks provided by the taxpayer, nature of business and earlier history before seeking additional 5.2 In case of other cash receipts, strategies for verification may be made in consultation with the CIT so that consistency is maintained in the entire charge based on nature of transaction. 6. Cash received from un-identifiable persons 6.1 The AO needs to verify if the cash transactions or its quantum are not in line with the normal practices of concerned business as mentioned in the earlier returns of 6.2 During verification, the AO may seek relevant information e.g. monthly sales summary (with breakup of cash sales and credit sales), relevant stock register entries, bank statement to identify cases with preliminary suspicion of back-dating of cash sales or fictitious sales. Some indicators for suspicion of back dating of cash sales or fictitious sales could be : i Abnormal jump in the cash sales during the period Nov to Dec 2016 as compared to earlier ii Abnormal ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
