Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Benami Transactions Informants Reward Scheme, 2018

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ity of the informant shall be kept confidential. (b) As per the Prohibition of Benami Property Transactions Act, 1988, as amended by Benami Transactions (Prohibition) Amendment Act, 2016 (hereinafter referred to as "the Act" for brevity), any property acquired by a person in the name of a benamidar (other than his close family members or in fiduciary capacity), is liable to be attached and subsequently confiscated and all persons involved in such benami transactions are liable to be prosecuted which carries rigorous imprisonment for term up to seven years. Amended provisions of the Act have come into force with effect from 1st November, 2016. Details of the scheme are given below. 2. Short title, commencement and scope of the scheme: The scheme shall be called "Benami Transactions Informants Reward Scheme, 2018" (the scheme) and shall come into effect from the date of issue. The scheme shall regulate grant and payment of reward to informants for giving specific information of benami property. 3. 'Informant' for the purposes of this scheme: For the purpose of this scheme `Informant' means a person, which will include an individual or a group of individuals, who has - (i) at a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... /Addl. CIT (BP) will be available at the offices of all Directors General of Income Tax (Investigation) [hereinafter referred to as `DGIT (Inv)'] and Principal Directors of Income Tax (Investigation) [hereinafter referred to as `PDIT (Inv)' in shorty Directors of Income Tax (Investigation) [hereinafter referred to as `DIT (Inv)' in short]. A list of such offices is attached with this Scheme as Annexure-C. (iii) Such person may contact jurisdictional JCIT/Addl. CIT (BP) for giving specific information. (iv) If the JCIT/Addl. CIT (BP) feels that the person has given specific information of benami property, he will give one set of prescribed form as per Annexure-A to such person who shall fill, sign and submit it to the JCIT/Addl. CIT (BP). (v) If there are more than one benami properties located at different places, the person may give information to any of the JCsIT/Addl. CsIT (BP) having jurisdiction over any of these properties. (vi) Where the person gives information about benami properties to any other Income Tax authority, such other authority shall forward such information and guide him to the jurisdictional JCIT/Addl. CIT (BP). Where there are more than one BP units a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (xii) In case of any difficulty, the person desirous of giving specific information of benami property, may contact the PDIT (Inv)/DIT (Inv) of the area. The decision of PDIT (Inv)/DIT (Inv) will be final in the matter of allotment of Informant Code under this scheme. (xiii) It should be noted that furnishing false information/evidence is an offence and a person giving false information/evidence/ statement will be liable to be prosecuted for such offence. 7. When reward may be granted: An informant under the scheme can be granted interim & final reward by the competent authority. (i) Interim reward can be granted on fulfillment of the following conditions: (a) the informant has given specific information of benami property in the prescribed format in Annexure-A and obtained informant code under the scheme; (b) provided assistance required, if any, by the Addl./JCIT (BP) or any other investigating officer to whom the JCIT/Addl. CIT (BP) concerned may assign the investigation into the information given by the informant; and (c) pursuant to such information, the benami property has actually been provisionally attached under Section 24(4) of the Act. (ii) Final reward can .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Scheme as well as the Income Tax Informants Reward Scheme, 2018, the total amount of reward under both the schemes taken together shall not exceed the maximum permissible amount under the Income Tax Informants Reward Scheme, 2018, or this Scheme, whichever is higher. In other words, if an informant is found eligible for reward under both the Schemes for information relating to the Act and the Income Tax Act, 1961, the total maximum reward under the two Schemes shall be restricted to ₹ 1 (one) crore as is the limit in this Scheme and if an informant is found eligible for reward under both the Schemes for information relating to the Act and the Black Money (Undisclosed Foreign Income and Assets) Act, 2015, the total maximum reward under the two Schemes shall be restricted to ₹ 5 (five) crore as is the limit in Income Tax Informants Reward Scheme, 2018. 9. Timelines for grant of interim and final reward: Every endeavour shall be made to grant: (i) interim reward within 4 months of actual provisional attachment of the benami property under section 24(4) of the Act; and (ii) final reward within 6 months of order of confiscation of the benami property becoming final. T .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the name of his employees" or "X" has purchased many flats in Kolkata, Delhi and Mumbai in his own name and in the name of others", or (iv) Where information given was already available with the Income Tax Department, or (v) Where the information was not received directly from the informant but through any organization other than Income Tax Department. (vi) On any incidental or collateral benefit that may arise to the Government in respect of any other property which is not mentioned in the information furnished by the informant in Annexure-A. In other words, the entitlement of the informant shall be restricted to only the property(ies) mentioned in the Annexure - A under this Scheme and shall not extend to any other property as the Department may find out by investigation into the information furnished by the informant. 14. Not taking cognizance of information: In case it is found that the antecedents of the informant, nature of the information furnished by him and his conduct justify not taking cognizance of the information furnished by him, the JCIT/Addl. CIT (BP) may ignore the information furnished by the informant after recording detailed reasons for doing so. 15. No .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , he may file a review petition within one month of receipt of the decision, before the DGIT(Inv). In such petition he has to clearly bring out the basis of the alleged grave injustice with specific reference to the provisions of the Reward Scheme which have not been followed by the reward committee or instances of factual incorrectness. No cognizance will be taken of a review petition if it is not mentioned as to which provision of Reward Scheme was not followed or instances of factual incorrectness and if the same is not explained clearly. The DGIT (Inv) shall cause such a petition to be placed before a review committee consisting of (i) the Principal CCIT (CCA) of the region where the reward committee was located, (ii) a CCIT nominated by the Principal CCIT (CCA) and the (iii) the DGIT (Inv) concerned. In case there is no CCIT in the region, the Principal CCIT may nominate a Principal CIT in the review committee. JCIT/Addl. CIT (BP) concerned shall be the Secretary of the committee. The review committee shall examine such grievance, take necessary action and communicate decision to the informant, preferably, within 3 months of the receipt. 20. Assignment of Reward not to be rec .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tely if there are more than one informant) (in capital letters) :   2. Father's name :   3. Date of Birth :   4. Permanent address of the informant(s) :   5. Current address of the Informants) (if different from permanent address) :   6. Contact particulars: (a) Landline Telephone No :   (b) Mobile No. :   (c) Email ID, if any :   7. Aadhar Number (foreign persons may mention Passport number if not having Aadhar number) (attach copy of Aadhar card or Passport) (of each informant separately if there are more than one informant) :   8. Full details of benami property: [The information furnished should be specific, reliable and verifiable. Additional sheet may be attached, if required (attach evidences, if any)]     (a) Date of transaction :   (b) Total amount involved :   (c) Who paid the amount :   (d) How the amount was paid :   (e) To whom the amount was paid :   (f) Any other relevant information :   9. Na .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... any reward at all. I/we would be bound by the decisions that the authority competent to grant reward may take. 3.   I/we accept that reward would be an ex-gratia payment which, subject to the scheme, may be granted at the absolute discretion of the competent authority. The decision of the authority shall be final and I/we shall not challenge it in any litigation, appeal, adjudication or arbitration. 4.   I/we accept that the extent of the reward depends on the specific nature, precision and usefulness of the information furnished and assistance rendered by me. 5.   I/we accept that the reward process may take time and that interim reward is payable only after provisional attachment of benami property and final reward is payable only if the benami property has been confiscated under the Act and such confiscation has become final. The confiscation shall be deemed to be final if two years from the date of confiscation have passed and there is no litigation pending against such confiscation. 6.   I/we accept that the Government is under n .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... persession of the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, notification number S.O. 3290(E), dated the 25th October, 2016, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), dated the 25th October, 2016, except as respects things done or omitted to be done before such supersession, the Central Government hereby directs that the Income-tax authorities under section 116 of the Income-tax Act, 1961 (43 of 1961) specified in column (2) of the Schedule, having headquarters at the places specified in the corresponding entry in column (3), to exercise the powers and perform the functions of the 'Authority' under the Prohibition of Benami Property Transactions Act, 45 of 1988 specified in the corresponding entries in column (4) in respect of the territorial areas specified in the corresponding entries in column (5) of the Schedule having jurisdiction vested in them- SCHEDULE Serial No. Income-tax Authority Headquarters Authority under the Prohibition of Benami Property Transactions Act, 1988 Territorial Area (1) (2) (3) (4) (5) 1. (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Panaji (iii) Income Tax Officer (Benami Prohibition), Panaji Panaji (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of the state of Goa; and Following revenue districts of the state of Karnataka (including any district carved out from these subsequently): (i) Belgaum (ii) Bagalkot (iii) Bijapur (iv) Dharwad (v) Haveri (vi) Davangere (vii) Gadag (viii) Gulbarga (ix) Bidar (x) Raichur (xi) Yadgir (xii) Bellary (xiii) Chitradurga (xiv) Koppal 5. (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), Bhopal (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Bhopal (iii) Income Tax Officer (Benami Prohibition), Bhopal Bhopal (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of the State of Madhya Pradesh 6. (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), Raipur (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Pr .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... inistrator Areas within the limits of the National Capital Territory of Delhi 12 (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), 7Hyderabad (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Hyderabad (iii) Income Tax Officer (Benami Prohibition), Hyderabad Hyderabad (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of the States of Andhra Pradesh and Telangana; and Yanam of Union territory of Puducherry 13 (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), Bhubaneswar (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Bhubaneswar (iii) Income Tax Officer (Benami Prohibition), Bhubaneswar Bhubaneswar (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of the State of Odisha 14 (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), Jaipur (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Jaipur (i .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ahjahanpur (xxvii) Allahabad (xxviii) Azamgarh (xxix) Chandauli (xxx)  Deoria (xxxi) Fatehpur (xxxii) Ghazipur (xxxiii) Gorakhpur (xxxiv) Kaushambi (xxxv) Kushinagar (xxxvi) Maharajganj (xxxvii) Mau (xxxviii) Mirzapur (xxxix) Sant Ravidas Nagar (xl) Sonbhadra (xli) Varanasi (xlii) Ballia (xliii) Moradabad (xliv) Bijnor (xlv) Jyotiba Phule Nagar i.e., Amroha (xlvi) Rampur (xlvii) Badaun (xlviii) Sant Kabir Nagar (xlix) Siddhartha Nagar (l) Srawasti (li) Sambhal 19 (i) Joint Commissioner of Income-tax/ Additional Commissioner of Income-tax, (Benami Prohibition), Kanpur (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Kanpur (iii) Income Tax Officer (Benami Prohibition), Kanpur Kanpur (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of following revenue districts of the states of Uttar Pradesh and Uttarakhand: (i) Banda (ii) Chitrakut (iii) Hamirpur (iv) Jalaun (v) Ramabai Nagar (Kanpur Dehat) (vi) Mohoba (vii) Kannauj (viii) Meerut (ix) Baghpat (x) Ghaziabad (xi) Muzaffarnagar (xii) Hapur (xiii) Agra (xiv) Etah (xv) Aligarh (xvi) Auraiya (xvii) Hathras (xviii) Etawah (xix) Farru .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... harashtra which will be coterminus with the jurisdiction of Principal Chief Commissioner of Income-tax, Pune 3[Chief Commissioner of Income-tax, Pune] and Chief Commissioner of Income-tax, Thane 24 (i) Joint Commissioner of Income-tax /Additional Commissioner of Income-tax, (Benami Prohibition), Nagpur (ii) Assistant Commissioner of Incometax/ Deputy Commissioner of Income-tax, (Benami Prohibition), Nagpur (iii) Income Tax Officer (Benami Prohibition), Nagpur Nagpur (i) Approving Authority (ii) Initiating Officer (iii) Administrator Areas within the limits of the Revenue districts (including any district carved out from these subsequently) of: (i) Gadchiroli (ii) Gondia, (iii) Bhandara (iv) Nagpur (v) Chandrapur (vi) Amravati (vii) Wardha (viii) Yavatmal (ix) Washim (x) Akola (xi) Buldhana (xii) Hingoli (xiii) Nanded (xiv) Parbhani (xv) Jalna (xvi) Aurangabad (xvii) Jalgaon (xviii) Dhule (xix) Nandurbar (xx) Nasik (xxi) Beed (xxii) Latur (xxiii) Osmanabad in the State of Maharashtra which will be coterminus with the jurisdiction of Principal Chief Commissioner of Income-tax, Nagpur and Chief Commissioner of Income-tax, Nasik [F. No.173/429/2016-ITA-I ] DEEPSHIKHA SHARMA, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sh (i) Director General of Income Tax (Investigation), Aayakar Bhawan, 48 Arera Hills, Bhopal - 462011, Madhya Pradesh (ii) Principal Director of Income Tax (Investigation), Aayakar Bhawan, 48 Arera Hills, Bhopal - 462011, Madhya Pradesh Chhattisgarh (i) Director General of Income Tax (Investigation), Aayakar Bhawan, 48 Arera Hills, Bhopal - 462011, Madhya Pradesh (ii) Principal Director of Income Tax (Investigation), Central Revenue Building, Near Civil Lines, Raipur - 492001, Chhattisgarh Himachal Pradesh, Haryana; and Chandigarh (i) Director General of Income Tax (Investigation), C. R. Building, 1st floor, Sec-17E, Chandigarh-160017 (ii) Principal Director of Income Tax (Investigation), C. R. Building, 1st floor, Sec-17E, Chandigarh-160017 Punjab; and Jammu & Kashmir (i) Director General of Income Tax (Investigation), C. R. Building, 1st floor, Sec-17E, Chandigarh-160017 (ii) Principal Director of Income Tax (Investigation), SCO-1-6, 3rd Floor, Opp.BVM School, Kitchlu Nagar market, Ludhiana, Punjab Tamil Nadu; and Union Territory of Puducherry (Including Karaikal but excluding Mahe and Yanam) (i) Director General of Income Tax (Investigation), .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f Income Tax (Investigation), Aayakar Bhawan (Annex) Building, P-13, Chowringhee Square, 3rd Floor, Kolkata - 700 069. Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland; and Tripura (iii) Director General of Income Tax (Investigation), Aayakar Bhawan (Annex) Building, P-13, Chowringhee Square, 3rd Floor, Kolkata - 700 069. (iv)Principal Director of Income Tax (Investigation), Aayakar Bhawan, Christian Basti, G. S. Road, Guwahati - 781005, Assam. Uttar Pradesh; and Uttarakhand (districts of (i) Lucknow (ii) Barabanki (iii) Basti (iv) Faizabad (v) Gonda (vi) Hardoi (vii) Jaunpur (viii) Pratapgarh (ix) Rae Bareilly (x) ChhatrapatiShahujiMaharaj Nagar (Amethi) (xi) Sultanpur (xii) Sitapur (xiii) Unnao (xiv) LakhimpurKheri (xv) Bareilly (xvi) Pilibhit (xvii) Balrampur(xviii) Bahraich (xix) Ambedkar Nagar (xx) Pithoragarh (xxi) Udham Singh Nagar (xxii) Bageshwar (xxiii) Nainital (xxiv) Almora (xxv) Champawat (xxvi) Shahjahanpur (xxvii) Allahabad (xxviii) Azamgarh (xxix) Chandauli (xxx) Deoria (xxxi) Fatehpur (xxxii) Ghazipur (xxxiii) Gorakhpur (xxxiv) Kaushambi (xxxv) Kushinagar (xxxvi) Maharajganj (xxxvii) Mau (xxxviii) Mirzapur (xxxix) Sant Ravida .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates