Offences & Prosecution under Income Tax Act
- Year of Publication: 2023
- ISBN: 978-93-94163-56-0
- No.of Pages: 401
The book is a veritable exposition on Tax Offences and Prosecution and Trial under Criminal Procedure Code. Offences range from failure to fraud under Income Tax Act. Faceless sanction and compounding procedure is legislated based on a feasible technological advancement extant without human interference with a pious aim to achieve greater efficiency, transparency and accountability.
The book contains:
- a Chart tabulating tax offences and range of punishment. It contains 31 Chapters section wise commentary supplemented by IPC/CrPC provisions
- introduction to offences and prosecution and core concepts in brief
- discusses range of offences under the Income-tax Act, 1961
- Contravention and non-compliance of an order in search proceedings
- Removal/concealment/transfer/property to thwart tax recovery
- Decriminalised Liquidator’s failure to give notice set apart money
- Decriminalized failure to transfer, register vesting immovable property
- Failure to pay tax deducted and tax collected at source
- Attempt to evade tax, penalty, interest, chargeable or imposable
- Failure to file return of income/fringe benefit/search
- Failure to produce accounts and documents or order to audit accounts
- Making a false verification or delivery of a false account or statement
- Abetting/inducing to make/deliver false account/statement or declaration.
- provision of higher punishment for second & subsequent offence of any amount
- no punishment on reasonable cause shown for certain defaults
- granting immunity from prosecution in search abated
- defaults of Companies, Firms, AOPs and HUF imputing directors/managers/ Karta
- providing presumption as to ownership of valuables and entries in books and as culpable mind (mens rea) in fixing offence
- providing for sanction to launch and compounding & faceless procedure
- procedural and trial aspects of offences
- providing for immunity by Central Government
- provisions of CrPC and POA and inherent powers of High Court
- law procedure and guidelines issued by the Board as Appendices
R.P. Garg has been specialising over 50 years in corporate and taxation laws with consulting top tax law firms, having experience as a Chartered Accountant, advocate of High Courts and Supreme Court and as a member of Income Tax Appellate Tribunal for a period of over 23 years presiding over and conducting second appeals arising in direct tax laws and finally retired as the Senior Vice President thereof, a penultimate post as it then existed. Academically, he is a commerce graduate, a Fellow member of the Institute of Chartered Accountants of India and has a Master degree in law from Delhi University, India. He is also a senior tax consultant to internationally reputed firms dealing in corporate tax and offshore transaction matters.
R.P. Garg has been a continuous source of contributing papers in seminars and tax journals on International and Indian tax laws. He has been the co-author of books on Indian GAAR, Taxation of Non-residents, International Law, Law of Tax Treaties, Practice and Procedure before ITAT, National Company Law Appellate Tribunal, students series on income tax, Limitation & Arbitration and Gift tax laws.
R.P. Garg has been the Chairman of the Chamber of Tax Consultants, Delhi Chapter for consecutive two years and contributed his experience in spreading knowledge and as Past Chairman thereafter for another two years.
BEENU YADAV is B.A. (Hons.) Economics and a Law Graduate practicing in corporate income tax, international taxation since 1997. She has been associated with reputed law firms advising on civil law, direct tax and industrial law matters. She has been the co-authors of books on Law & Practice of Tax Treaties and Income Tax Appellate Tribunal, and Interest Fee and Penalties.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
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- Year of Publication: 2023
- ISBN: 978-93-94163-56-0
- No.of Pages: 401
The book is a veritable exposition on Tax Offences and Prosecution and Trial under Criminal Procedure Code. Offences range from failure to fraud under Income Tax Act. Faceless sanction and compounding procedure is legislated based on a feasible technological advancement extant without human interference with a pious aim to achieve greater efficiency, transparency and accountability.
The book contains:
- a Chart tabulating tax offences and range of punishment. It contains 31 Chapters section wise commentary supplemented by IPC/CrPC provisions
- introduction to offences and prosecution and core concepts in brief
- discusses range of offences under the Income-tax Act, 1961
- Contravention and non-compliance of an order in search proceedings
- Removal/concealment/transfer/property to thwart tax recovery
- Decriminalised Liquidator’s failure to give notice set apart money
- Decriminalized failure to transfer, register vesting immovable property
- Failure to pay tax deducted and tax collected at source
- Attempt to evade tax, penalty, interest, chargeable or imposable
- Failure to file return of income/fringe benefit/search
- Failure to produce accounts and documents or order to audit accounts
- Making a false verification or delivery of a false account or statement
- Abetting/inducing to make/deliver false account/statement or declaration.
- provision of higher punishment for second & subsequent offence of any amount
- no punishment on reasonable cause shown for certain defaults
- granting immunity from prosecution in search abated
- defaults of Companies, Firms, AOPs and HUF imputing directors/managers/ Karta
- providing presumption as to ownership of valuables and entries in books and as culpable mind (mens rea) in fixing offence
- providing for sanction to launch and compounding & faceless procedure
- procedural and trial aspects of offences
- providing for immunity by Central Government
- provisions of CrPC and POA and inherent powers of High Court
- law procedure and guidelines issued by the Board as Appendices
R.P. Garg has been specialising over 50 years in corporate and taxation laws with consulting top tax law firms, having experience as a Chartered Accountant, advocate of High Courts and Supreme Court and as a member of Income Tax Appellate Tribunal for a period of over 23 years presiding over and conducting second appeals arising in direct tax laws and finally retired as the Senior Vice President thereof, a penultimate post as it then existed. Academically, he is a commerce graduate, a Fellow member of the Institute of Chartered Accountants of India and has a Master degree in law from Delhi University, India. He is also a senior tax consultant to internationally reputed firms dealing in corporate tax and offshore transaction matters.
R.P. Garg has been a continuous source of contributing papers in seminars and tax journals on International and Indian tax laws. He has been the co-author of books on Indian GAAR, Taxation of Non-residents, International Law, Law of Tax Treaties, Practice and Procedure before ITAT, National Company Law Appellate Tribunal, students series on income tax, Limitation & Arbitration and Gift tax laws.
R.P. Garg has been the Chairman of the Chamber of Tax Consultants, Delhi Chapter for consecutive two years and contributed his experience in spreading knowledge and as Past Chairman thereafter for another two years.
BEENU YADAV is B.A. (Hons.) Economics and a Law Graduate practicing in corporate income tax, international taxation since 1997. She has been associated with reputed law firms advising on civil law, direct tax and industrial law matters. She has been the co-authors of books on Law & Practice of Tax Treaties and Income Tax Appellate Tribunal, and Interest Fee and Penalties.
Bharat is a 'trade-name' for a group of concerns, popularly known as Bharat Law House and Bharat Law House Pvt. Ltd. Bharat is one of the most reputed publishers of law books with an experience of over six decades. It possess a very diverse range of publications covering not only the area of taxation - direct and indirect - but also company law, insolvency capital market, finance, industrial law, foreign exchange, commercial, civil and criminal laws. The students publications for CA, CS, CMA, CFA, MBA, graduate and post-graduate studies have carved out a niche for themselves. The Publication House has a professionally qualified team with strong in-house capabilities. Their strength lies in the patronage of legal luminaries in every field. They strive for accuracy, authenticity and sincerity.
