INCOME TAX
INSTRUCTION NO. 1943/1997
Dated: August 22, 1997
Subject : Revised procedure for working of CIB in the Income Tax Department.
After reviewing the working of all the schemes introduced hitherto, obtaining a feed-back from the field formations and keeping in mind the twin objectives of widening of the tax base and preventing evasion of tax, the following scheme for working of CIB will be introduced with effect from 1.9.97 onwards. For the success of this scheme, both the investigation and the assessment wings will have to coalesce their efforts and supplement each other. The salient features of the scheme are as under :
i) Computer will be used for processing CIB data at all the CIB units in the country.
ii) CIB unit functioning under DGIT(Inv) will collect information from the source heads codified by the Board. The threshhold-limit for a code will be determined by the DGIT(Inv). In Annexure-I certain monetary limits have been mentioned. These are only indicative. In these cases DGIT(Inv) may increase the limits keeping in view the local conditions.
iii) The work of CIB shall be limited to collection, collation and dissemination of information only. No query letters will be issued by the CIB units.
iv) The sorted CIB data will be transmitted, annually, to the jurisdictional range Addl./DCITs through the concerned CITs.
v) The assessing officers will carry out the work of verification by issuing notices under Section 133(6) of the I.T. Act.
vi) The Investigation Wing may utilise the stored data of CIB unit for the purposes of developing cases for investigation and search.
vii) There will be a reporting system under which the DGITs(Inv) will give quarterly report of the utilisation of CIB information.
2. The scheme is discussed in detail below :
i) The CIB unit functioning under DGIT(Inv) will gather information from the sources codified and listed in Annexe-I on a regular basis.
ii) The information collected will be current information. For instance, information in respect of transactions undertaken during financial year 1997-98 will be collected in the financial year 1997-98 itself. The CIB unit may organise its work of collection of information in such a manner that at one instance information from one source is collected for the preceding month or the preceding quarter depending upon the volume of information. However, the information in respect of the last months of 1997-98 may be collected in the first quarter of 1998-99.
iii) As and when the information is gathered, it would be fed in the computers. The software should provide the fields for capturing the details contained in the format given in Annexe-II.
3. After the collection of information in respect of a financial year is completed, all the data for the whole year will be processed by the computer in order to sort them address-wise and range-wise; all the addresses in a range and all the persons within an address will be arranged alphabetically. In this way all the transactions undertaken at a particular address by a person during a year will be grouped at one place and the information of all the transactions undertaken by all the persons with that address, say the members of one family, will also be available at that place which will help co-ordinated investigation.
4. The data is suggested to be arranged address-wise because in most places the jurisdiction of the ranges are territorial and the concerned ranges can be identified on the basis of the address. But in certain cases, say in company ranges at some places, the jurisdiction of the ranges is alphabetical. In such cases, instead of arranging the information address-wise, the persons can be arranged alphabetically.
5. A complete consolidated bound set containing the information for the range for the whole financial year grouped in the manner outlined in paras 3 and 4 will be sent by the CIB unit to the range Addl./DCITs through the concerned CITs between the 1st September and the 15th September of the following year. (In the illustration given in para 11(ii), it would be September, 1998.)
6. The range Addl./Dy.CIT will first identify the assessing Officers under him having jurisdiction over the persons mentioned in the compilation and distribute the relevant data among them for verification.
7. The system will have some obvious limitations. Information in respect of persons assessed in salary ranges, professional ranges, Central charges, Exemption Directorate and Special ranges etc. Where the jurisdiction is neither territorial nor alphabetical, cannot be passed on to their ranges. In all such cases, the Addl./DY. Commissioner having the territorial jurisdiction has to ascertain the appropriate assessing officer/range and pass on the information to him under intimation to the CIB unit to correct their records.
8. The procedure in the foregoing paras has been suggested on the assumption that, in the absence of a perfect PAN system, it is easier to identify a range and it would be difficult to identify the concerned assessing officer. In places where the jurisdiction is clearly defined so that the assessing officer can be quickly identified at the first instance, they can make appropriate modification to the procedure. The chief objective which should be kept in view is to ultimately pass on the information to the concerned assessing officer who will be responsible for the verification of the CIB information.
9. The assessing officer will use the data in the following manner :
(i) If the return has been filed and the proceedings are pending he may send a notice under Section 133(6) to the assessee requiring him to confirm and furnish further details of the transactions and explain the source of investment/expenditure. If no proceedings are pending notice under section 133(6) can be issued only with the prior approval of the Commissioner of Income-tax. If the assessee does not reply or does not reply satisfactorily, he may select the case for scrutiny as per the guidelines for selection of cases for scrutiny.
(ii) If the return has not been filed and no proceedings are pending he may, simply send a notice under section 133(6), with the prior approval of CIT to the person requiring him to confirm and furnish further details of the transactions and explain the source of investment and the expenditure and also give his assessment particulars. If the proceedings are pending prior approval of CIT is not necessary for issue of notice under section 133(6). On the basis of the response of the person, the assessing officer may decide to issue a notice u/s. 142(1)(i) calling for the return and, thereafter, decide to select the case for scrutiny.
In case, the assessing officer does not consider it to be a fit case for issuing notice under section 142(1)(i), the proceedings may be filed.
10. The range Addl./Dy. CIT will maintain a record of the action taken on the information received and the results achieved.
11. The DGIT(Inv.) will be overall responsible for reporting to the Board the ultimate use of the informations. He will interact with the Commissioners and Chief Commissioners and collect the information about the results of verification of CIB information from the CITs and send a quarterly report, starting from the quarter ending December, to the Board about :
*(i) the number of informations distributed in the year.
(ii) the number of informations verified till the quarter-end.
(iii) the number of informations resulting in detecting new assessee.
(iv) the number of new assessees detected.
(v) the number of information resulting in selection of cases for scrutiny.
(vi) the number of cases selected for scrutiny.
(vii) the number of informations satisfactorily explained by the assessee.
(viii) the number of informations remaining unverified.
12. The DGT must ensure that computer is used for processing CIB information.
13. This revised procedure for the working of the CIB unit supersedes all the earlier guidelines issued by the Board on this subject.
F. No. 415/2/97--IT(Inv. I)
(SUMAN SHARMA)
UNDER SECRETARY, IT(INV.I)
*Here adjustment has to be made about the number of informations transferred out to or received from other regions.
Note: (iii) may be different from (iv) and (v) may be different from (vi) because one person may have a number of transactions.
ANNEXURE I
CENTRAL INFORMATION BRANCH
Sources of information : Code
S. No. |
Code |
Source |
Items |
(1) |
(2) |
(3) |
(4) |
1 |
002 |
Central Excise Department |
New Registrations, excise payments including fines & penalties. |
2 |
002 |
Customs Department |
Confiscation of goods, duty paid including fines and penalties. |
3 |
003 |
Registrar of Companies |
New Registration, Certificate of commencement of business. |
4 |
004 |
Telephone Deptt./MTNL |
Telephone Bills |
5 |
005 |
Enforcement Directorate |
Confiscation, fine & penalties, cases for FERA violation. |
6 |
006 |
State Trading Corporation |
Sale of imported cars. |
7 |
007 |
Income-tax Department |
i) All TDS returns filed to cross check with payees returns. ii) Appropriate Authority- transfer of immovable property-name of transferors & transferees. |
8 |
008 |
Sales Tax Department |
New Registration, Sales tax paid including penalty. |
9 |
009 |
RTO |
Registration of 4 wheeled vehicles--name, address, vehicle particulars. |
10 |
010 |
Electricity Boards /Undertakings |
Electricity bills above Rs.20,000/- |
11 |
011 |
Land Acquisition |
Compensation paid for
Authority |
12 |
012 |
Lottery Commission/ State Government |
Payment of winnings from
lotteries, commission paid |
13 |
013 |
Directorate of Industries |
Registration of new |
14 |
014 |
State Excise Department |
New registration, excise |
15 |
015 |
Registrar of Property |
Transfer of immovable property. |
16 |
016 |
Housing Building Authority /Housing Board |
Names, address of
allottees, |
17 |
017 |
Local Authorities |
Public Place contracts
approval |
18 |
018 |
Banks |
Cash transaction of Rs. 1 |
19 |
019 |
Registrar to Issue of shares and debentures. |
Name and address of Investors of Rs. 20,000 and above. |
20 |
020 |
Public sector Undertakings /Financial Institutions, credit, societies, Nidhis, credit card operators. |
Deposits and investment in |
21 |
021 |
Insurance Companies. |
Insurance claims - Rs. 1
lakh |
22 |
022 |
Export Promotion Council/DGFT |
Names and addresses of |
23 |
023 |
Telephone Directory/Yellow Pages/Journals Trade |
Nursing homes, clinics, |
24 |
024 |
Turf Club |
Names and addresses of race course owners, trainers, jockeys, bookies, race winners and purchase or sale of house. |
25 |
025 |
Hotels/Clubs/Caterers. |
Expenditure incurred at these places above Rs. 10,000/- |
26 |
026 |
Builders & contractors/ Housing co-operative societies. |
Names & addresses of |
27 |
027 |
Chit Fund Companies/ Committees |
Investment made--Rs. |
28 |
028 |
Air Travel Agents |
Package tours, travel |
29 |
029 |
Transport Agencies |
Names and addresses |
30 |
030 |
Professional/Institutes/ Bodies |
Names & addresses of |
31 |
031 |
Advertising Agencies, Newspapers, T. V.channels etc. |
Advertisement |
32 |
032 |
Stock Exchanges |
Names and addresses |
33 |
033 |
Mutual Funds |
Names and address of |
34 |
034 |
Cellular Phone Service Co./ Providers |
Cellular Phone |
35 |
035 |
Immigration/Authority/IB |
Foreign Travel |
36 |
036 |
R. B. I. |
Persons seeking |
37 |
037 |
Post Office |
Deposits above--Rs. |
ANNEXE II
DATA ENTRY FIELDS
1. SOURCE CODE .......................................
2. NAME OF THE PERSON .......................................
3. PAN/GIR NO. .......................................
4.
ADDRESS
HOUSE/BUILDING/PREMISES NO. .......................................
LOCALITY/ STREET/ROAD .......................................
CITY/TOWN/VILLAGE .......................................
POST OFFICE .......................................
DISTRICT .......................................
STATE .......................................
PINCODE .......................................
*5. RANGE ADDL./DCIT .......................................
6. DATE OF TRANSACTION .......................................
7. AMOUNT INVOLVED .......................................
8.
TRANSACTION DETAILS .......................................
(INCLUDING THE NAME OF
THE SOURCE FROM WHOM
THE DATA HAS BEEN
COLLECTED)
*Range Addl/DCITs may be identified at the data entry stage if possible. Otherwise the range can be identified after collection of entire date address-wise.