At present there is no mechanism of capturing the cash investments in jewellery and bullion as there is no requirement to disclose such transactions. Hence it becomes very difficult for the tax department to identify and trace the ultimate customer. Mandatory furnishing of PAN at the time of making payment or incurring expense is a step in the right direction for identifying such investors/spenders.
In the past, an important step towards tracing of such transactions was the introduction of the Annual Information Return (AIR) a few years back. There is a specified list of persons/entities who are required to file an AIR disclosing the full details of the investor/spender to the tax department. This report is a PAN based report. The information in this report is collected to track all the major financial transactions.
The existing requirement of reporting in the AIR is applicable only to a specified list of entities, being persons responsible for registering, or, maintaining books of accounts or other document containing a
record (e.g. recognised stock exchange, Post Master General) of any specified financial transaction (e.g. purchase or sale of property, taking or accepting any loan or deposit). For example, when a person invests more than Rs.2,00,000 with a particular mutual fund in a year, the concerned mutual fund would report that investment to the Income Tax department with full details of the investor in its AIR.
Experience shows that during a Revenue audit, the tax officers make every effort to reconcile the amounts disclosed in the AIR with a tax payer’s records and verify whether the tax payer has duly accounted for the reported transactions. With the requirement of mandatory quoting of the PAN being made applicable to a new list of transactions, it is very likely that the Govt. will extend the requirement of filing of the AIR to the persons receiving the sums from the investors (e.g. jewellers, insurance companies, banks, etc), thereby enabling itself to identify the investor and question the source of investment/payment.
SKP’s Comments
This is an important measure by the Government not only to track black money but to also curtail its creation in the system. The onus will be upon the persons furnishing the AIR to correctly furnish the particulars of the investors, especially their PAN. |