The Income Tax regulatory authority, Central Board of Direct Taxes (CBDT), trying to ally fear of tax terror, especially among the smaller and medium-sized business (SMEs) entities, who would be accepting digital payments for the first time in the back drop of demonetization, has clarified that an increase in turnover of a business owing to its accepting digital means of payment will not trigger reopening of cases of past years.
The recent initiatives of the government to curb black economy in the country has encouraged people to shift towards digital modes of payment, but raised fear that increased turnover in the current year may lead to reopening of earlier years’ cases involving lower turnover u/s 147 of the Income-tax Act, 1961 by the Assessing Officer causing undue harassment to tax payers.
CBDT in its circular has stated that by adopting the digital mode of payment, no financial transactions would remain undisclosed and consequently an enhanced turnover of business might get reflected in the books of accounts. It added that an apprehension was raised by the business community that increased turnover in the current year may lead to reopening of earlier years' cases where the turnover was lower. It clarified that reopening would cause undue harassment to taxpayers and added that mere increase in turnover, because of use of digital means of payment or otherwise, in a particular year cannot be a 'sole' reason to believe that income has escaped assessment in earlier years.”
It further advised the I-T officers not to reopen past assessments in cases, merely on the ground that the current year's turnover has increased. CBDT has clarified that reopening of cases u/s 147 of the Act is feasible only when the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year and not merely on the basis of any reason to suspect.
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