Stop Harassing & threatening Petroleum Dealer's for declaration in PMGKY!
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Why this representation ?
The 56000 Petrol dealers of the Nation are panic and are insecure due to IT raids.
How the IT authorities approach dealers?
The individual petrol pump is approached with Notice u/s. 133 [ A copy of section 133, 133 & 134 is attached]. It is not possible for any dealer to challenge approach of IT department on the basis of the various sections of the Act, they are approaching. The IT officials are empowered and capable to fit in themselves in any convenient section which can only be challenged in IT Tribunal.
Even if the IT officials approach to dealers is in the form of humiliation or harassment, it can not be challenged as a harassment when it is restricted to insistence of any of the record, books, documents, correspondence etc. There is no provision for any disciplinary action on IT officials as far as raids are concerned. It also can only be challenged in the IT Tribunal.
What is Pradhan Mantri Garib Kalyan Yojana [PMGKY]
[ A copy of the scheme attached]
The PMGKY is an ‘Income declaration scheme, 2016’ announced by the Ministry of finance under clause (c) of section 199B of the Finance Act, 2016 (28 of 2016) which is valid from 16th December, 2016 to 31st March, 2017.
This scheme is issued after announcement of demonetization, to enable the citizens of the nation to voluntary declare their unaccounted money stored with them in the form of Rs.1000 & Rs.500 denominations.
What is the undeclared/ hidden purpose of IT raids ?
The Reserve Bank of India had issued around 15 lakh crores of currency in circulation. Contrary to the expectation of the Government, most of the currency has come back after demonetization.
At the same time under PMGKY very negligible number of people have declared unaccounted money. The limit of PMGKY is expiring on 31,03.2017.
The IT authorities do not have considerable figures of any declaration made under PMGKY. Hence this fault finding on Petrol Dealers to catch them on abnormal cash deposits irrelevant to their Sales figures and pressurize them for deposit under this scheme.
How this wrong purpose can be addressed ?
The sales figures of Petrol dealers, including record of demonetization period i.e. from 8th November 2016 to 30th December, 2016are relevant from the sales register [DSR] which is filled in everyday and not vulnerable for correction, so is the bank deposits, credit sales, card swipe sales, purchases, stock figures, Inspection reports etc.
The IT authorities hold vast powers and can call for any information by issue of appropriate Notices at any point of time.
The current financial year 2016-2017 is yet to complete and accounts are yet to be finalize. The financial transaction during current year will reflect in the IT returns and is always open to IT authorities for their desired scrutiny.
The PMGKY has under CBDT Circular No.9/2017 issued on 14th March, 2017 [copy enclosed] has clarified as under:
“ Pl. Refer e mail or download above circular ”
As stated above in the PMGKY if the unaccounted income not declared under the scheme and subsequently found to be included in the IT returns, is liable for heavy fine of 77.25% plus penalty of 10%, which the IT authorities can exercise at any later date also.
Hence the raids of the Income tax authorities are unwarranted and amounts to harassment to the Petrol dealers community.
What can be the repercussions of these raids if not stopped forthwith ?
The Petrol Dealers all over the Nation have honored the PM’s appeal unconditionally and have worked day and night with limited staff in hand treating this demonetization as a national cause.
At the same time the PM also had announced that there will be no harassment to any body by any bureaucrats.
Had we petrol dealers new that they are likely to be harassed in future for such devotion towards the national cause, we would have been extra cautious and may have refused to co operate.
We appeal to stop this immediately or else we will have to think twice before extending any co operation to Government for implementation such scheme if announced in future.
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