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GUIDELINES FOR GRANT OF REWARDS TO INFORMANTS LEADING TO RECOVERY OF IRRECOVERABLE TAXES 2015

Income Tax - Direct Tax Code - DTC - By: - Mr. M. GOVINDARAJAN - Dated:- 3-10-2015 - The Department issued circular/instruction vide No. 7 of 2015, dated 26.08.2015 to its Department officers giving guidelines for the grant of rewards to informants leading to recovery of irrecoverable taxes, 2015. These guidelines will be applicable with effect from 01.04.2015. The grant and payment of reward for the information provided before 31.03.2015 will continue to be regulated by Guidelines for Grant of .....

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e or judicial action resulting from the information provided. The quantum of tax collected will be determined only after all assessments have become final and no appeal/revision/other litigation is pending. Nature of reward The reward will be in the nature of ex-gratia. No assignment thereof made by the informants will be recognized. The authority competent to grant rewards may grant reward to heirs or nominees of an informant of an amount not exceeding the amount that would have been payable to .....

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guess . In the cases where the documents or supporting evidence are known to the informant but are not in the possession, the informant should describe these documents and identify their location to the best of his ability. The information is to given an undertaking as detailed below: That he is aware that the information or documents furnished by him do no ipso facto confer on him the right to any reward that he would be bound by the decision of the competent authority in this regard; That he i .....

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cepts that the Government is under no obligation to enter into any correspondence regarding the details of any taxes realized as a result of his information; and That he accepts that payment of reward ex-gratia in the absolute discretion of the authority competent to grant rewards and he has no right to dispute to the correctness of the decision in court of law. The information can be submitted to the jurisdictional Pr.CCIT/CCIT/Pr.CIT of the assessee as mentioned vide publication of his name in .....

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tion on the basis of a contract with the Government; The Scheme should be confined to only cases where- Assessee is not traceable; There are no/inadequate assets for recovery; Self assessment tax is outstanding for more than 6 months; TDS has been deducted but not deposited for more than 6 months and their names have been published in public domain under Section 287 of the Income Tax Act, 1961. Process of reward The jurisdictional Pr.CIT will be act as the Nodal Authority to examine and decide t .....

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ment in the presence of such authority. If the written statement is not given the reward shall not be awarded. Reward should be processed and granted in respect of recoveries directly attributable to the information furnished by the informant which was not in the knowledge of the department. Any proposal to this effect must be mooted after recoveries have been made of irrecoverable taxes and there is no further litigation. Reward will be only with reference to taxes recovered in the case of a ta .....

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wever where the amount of reward in any given case exceeds ₹ 1,00,000/- the same should be approved by a Committee of three officers comprising the Pr. Chief Commissioner of the region as Chief Commissioner concerned and one other CIT nominated by the Pr. CCIT. In case Pr. CCIT is also the Chief Commissioner he shall nominate one more Chief Commissioner as member of the Committee. In determining the reward amount the authority competent to grant the reward will keep the following: The accu .....

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