Past Cases Not to be Re-opened due to Increased Turnover: CBEC & CBDT

CBDT and CBEC Assures that Past Cases shall not be Re-opened or subjected to re-assessment due to Increased Turnover caused by Cashless/ Digital Transactions

The CBDT and CBEC both have clarified the stakeholders and the Officials that past cases will not be re-opened or subjected to re-assessment due to increase in turnover caused by cashless/ digital transactions, as under:

CBDT Circular No. 40/2016 dt. 9 Dec. 2016

1. Recent initiatives of the Government to curb the black economy in the country has encouraged people to shift towards digital mode of payment while making financial transactions. By adopting digital mode of payment, no financial transactions would remain undisclosed and consequently an enhanced turnover of business might get reflected in the books of accounts. Under the circumstances, an apprehension has been raised that increased turnover in the current year may lead to reopening of earlier years’ cases involving lower turnover u/s 147 of the Income-tax Act, 1961 (‘Act’) by the Assessing Officer causing undue harassment to tax payers.

2. It is hereby clarified that reopening of cases u/s 147 of the Act is feasible only when the Assessing Officer “has reason to believe that any income chargeable to tax has escaped assessment for any assessment year” and not merely on the basis of any reason to suspect. Mere increase in turnover, because of use of digital means of payment or otherwise, in a particular year cannot be a sole reason to believe that income has escaped assessment in earlier years. Hence, Assessing Officers are advised not to reopen past assessments in cases merely on the ground that the current year’s turnover has increased.

CBEC Instructions dt. 9 Dec. 2016 [F. No. 137/ 155 /2012-Service Tax( Part-I)] 

Recent initiatives of the government to curb black economy in the country encourage people to shift towards digital mode of payment while making financial transactions. By adopting a digital mode of payment, no financial transaction would remain undisclosed and consequently an enhanced turnover might get reflected in the books of accounts. Under the circumstances an apprehension has been raised that increased turnover on account of use of digital means of payment may lead to demands for the earlier period. It is hereby clarified that in indirect taxes, past assessments will not be reopened for this reason alone.

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