Hon’ble Sushil Chandra, the Chairman of the CBDT, has addressed a letter dated 7th March 2017 to the Principal Chief Commissioners of Income-tax in which he has bluntly observed that the work relating to the filing of prosecution complaints and disposal of compounding applications “is not upto the mark”. The learned Chairman has opined that prosecution proceedings can be successfully initiated in several cases of entry operators including those concerning bogus LTCG claims, cases rejected by Settlement Commission etc. He has directed the officers to put in their best and expedite filing of prosecution complaints and disposal of compounding applications.
GOVERNMENT OF INDIA
Ministry of Finance/Department ot Revenue
Central Board of Direct Taxes
North Block, New Delhi- 110001
email: chairmancbdt@nic.in
Tele :23092648 & Telefax :23092544SUSHIL CHANDRA
Chairman, CBDT & Special Secretary to the Government of India
F.No. 285/23/2013-IT(Inv.V)/595
Dated: 07.03.2017
Dear Principal Chief Commissioner of Income Tax,
Sub: Filing of Prosecution Complaints and disposal of Compounding Application in your region-reg;
From the figure of prosecution complaints filed and pendency of compounding applications reported in respect of your region till Jan,2017, I find that performance in this area is not upto the mark.
2. A list of cases was forwarded to you for taking action u/s 276CC in the very beginning of the F. Y. Besides, a list of potential cases of prosecution for TDS default was uploaded on TDS portal in the month of October, 2016. Prosecution proceedings can be successfully initiated in several cases of entry operators including those concerning bogus LTCG claims, cases rejected by Settlement Commission , etc . I also find that a large number of compounding applications are pending disposal at your end.
3. Prosecution and compounding are important areas against tax evaders and non-compliant assesses and cannot be allowed to be As we are in the last month of the current FY, I would appreciate if you could put in your best and expedite filing of prosecution complaints and disposal of compounding applications.
4. I also note that the figures of prosecution are not being compiled from all the charges within your region and reported to the Board. Complete & correct reports in this regard should be submitted to the Board after taking into account data from all charges including Investigation Directorate, Central, TDS, LTU, International Taxation, etc.
With best wishes ,
Yours Sincerely
(Sushil Chandra)
After March,2017 the Hon”ble Chairman may find that the letter under reference was thrown into bust-bin by most of the CCITs/CITs. They are not interested in such work where they may not get money. Some quota should be fixed for each CCIT/CIT and one who fails to achieve target should be given Adverse CR entry. Their cases should also be considered by invoking Rule 56(j) of the Fundamental Rules.