Persons who have made money through corruption cannot take advantage of the four-month
disclosure window on domestic black money, beginning June 1, to declare unaccounted income to come clean, the Finance Ministry said.
The Income Declaration Scheme allows assessees who havenot paid taxes on their income in the past to disclose it by September 30 and pay taxes, penalty and surcharge totalling 45
per cent at the fair market value by November 30.
The 14-Frequently Asked Questions (FAQs) and a circular issued by the Finance Ministry said declarations made under the scheme will remain confidential and will not be used against the declarants under the Income-Tax Act or Wealth Tax (now abolished). There will also be an immunity from Benami Transactions (Prohibition) Act.
The declarant, the FAQ said, will be liable for capital gains tax on sale of such assets in future.
On a question whether a person can declare undisclosed income which has been acquired from money earned through corruption, the FAQ said “No”.
The scheme will not apply in relation to prosecution of any offense punishable under the Prevention of Corruption Act, 1988.
“Therefore, declaration of such undisclosed income cannot be made under the scheme,” it said, adding such declaration will amount to misrepresentation of facts and hence void.
As per the FAQ, if a declaration is held as void, the provisions of the Income-tax Act will apply in respect of such income as they apply in relation to any other undisclosed income.
The scheme for domestic black money holders follows a similar one for those having undisclosed foreign assets.
Individuals, HUF, company, firm and any association can take advantage of the income declaration scheme announced in the Union Budget to fish out black money from the domestic economy.