No tax on ancestral jewellery, purchase from disclosed income


New Delhi, Dec 1 (PTI): Amendments to the I-T laws do not seek to tax inherited gold and jewellery as also those items that are purchased through disclosed or agriculture income, the government said today.

The Lok Sabha earlier this week passed the Taxation Laws (Second Amendment) Bill, which proposes a steep up to 85 per cent tax and penalty on undisclosed wealth that is discovered by tax authorities during search and seizure.

Dispelling rumours that jewellery would be covered under the amended law, the Central Board of Direct Taxes (CBDT) said the government has not introduced any new provision regarding chargeability of tax on jewellery.

"The jewellery/gold purchased out of disclosed income or out of exempted income like agricultural income or out of reasonable household savings or legally inherited which has been acquired out of explained sources is neither chargeable to tax under the existing provisions nor under the proposed amended provisions," the CBDT said.

During search operations, conducted by I-T Department, there would be no seizure of gold jewellery and ornaments to the extent of 500 grams per married women, 250 gm per unmarried women as also 100 gm per male member of the family, it said. "Further, legitimate holding of jewellery up to any extent is fully protected," it added.

The Bill, which is currently under consideration of the Rajya Sabha, will amend Section 115BBE of the Income Tax Act to provide for a steep 60 per cent tax and a 25 per cent surcharge on it (total 75 per cent) for black money holders.

Another section inserted provides for an additional 10 per cent penalty on being established that the undeclared wealth is unaccounted or black money, taking the total incidence of levies to 85 per cent.

CBDT said: "Tax rate under section 115BBE is proposed to be increased only for unexplained income as there were reports that the tax evaders are trying to include their undisclosed income in the return of income as business income or income from other sources.

"The provisions of section 115BBE apply mainly in those cases where assets or cash etc. are sought to be declared as 'unexplained cash or asset' or where it is hidden as unsubstantiated business income, and the Assessing Officer detects it as such."

The Bill also proposes to raise penalty under I-T Act for search and seizure cases by 3-fold to 30 per cent, a move aimed at deterring black money holders, from 10 or 20 per cent currently.

Once the amendments are approved by Parliament, there would be a penalty of 30 per cent of unaccounted income, if admitted and taxes are paid. This would take the total incidence of tax and penalty to 60 per cent.

While proposing to amend Section 271AAB, the government has decided to retain the provision of levying penalty of 60 per cent of income in "any other cases". That would raise the incidence of tax and penalty to 90 per cent.

During 2015-16, the I-T Department conducted 445 searches which discovered undisclosed income of Rs 11,066 crore. Total assets seized were Rs 712.68 crore.

Also 545 searches conducted in 2014-15 have led to admission of undisclosed income worth Rs 10,288 crore. Total assets seized amounted to Rs 761.70 crore.

Besides, 569 searches in 2013-14 saw admission of undisclosed income of Rs 10,791.63 crore and asset seizure of Rs 807.84 crore. This took the total undisclosed income which was admitted during searches to Rs 32,146 crore.

Search and seizure operations are conducted by the tax department when the Assessing Officer believes that the assessee is unlikely to produce books of accounts or likely to suppress books of account and other documents which may be useful and relevant to an income tax proceedings.

  

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Comment on this article

  • Vincent Rodrigues., Frazer Town,Bangalore

    Sat, Dec 03 2016

    Good.We don't know the requirements to claim this IT provision

    DisAgree Agree Reply Report Abuse

  • Vicky, Mangalore/dubai

    Fri, Dec 02 2016

    Rich people already shifted the gold from bank locker to somewhere else?...what an idea modiji?

    DisAgree Agree [5] Reply Report Abuse

  • Swamy, Mangalore

    Thu, Dec 01 2016

    BJP MP Gali Janardhan Reddy, his wife daughter, son etc., etc., wearing jewellery during his daughter's wedding is ancestral, so please don't penalize him!!!!!????

    DisAgree [3] Agree [42] Reply Report Abuse

  • P. Shirish Kumar Hosabettu, Muscat, Mangalore

    Fri, Dec 02 2016

    Yes, it is difficult to segregate or prove the Gold Asset received from Ancestors.

    But as per the law, present owner of the Gold is responsible to pay the tax, after all it is his property now.

    DisAgree [8] Agree [1] Reply Report Abuse

  • Jacob Mendonsa, Melbourne/Australia

    Fri, Dec 02 2016

    Swamy,
    I don't think that about RS.90 crore worth Gold Ornaments given to Janardhan Reddy'y daughter are belonging to Ancestors.

    DisAgree Agree [8] Reply Report Abuse

  • Richard, India

    Thu, Dec 01 2016


    Can these great thinkers clarify
    how are the people to prove their jewellery is ancestral ?

    DisAgree [1] Agree [39] Reply Report Abuse

  • geoffrey , hat hill

    Fri, Dec 02 2016

    Simple. If you are a supporter/ally of the ruling party, then the gold owned by you becomes ancestral by default.

    DisAgree Agree [12] Reply Report Abuse

  • Sunil K, Mangalore

    Thu, Dec 01 2016

    Acche din for the Tax department people. Bumper bonanza as they will surely get more than the 15 lacs promised by our PM.

    Half-baked idea no. 38, many more to come.

    DisAgree Agree [34] Reply Report Abuse

  • S.M. Nawaz Kukkikatte, Dubai

    Thu, Dec 01 2016

    Have one question
    I guess most of BJP'ans their supporters and their bhakths converted their old 500 and 1000 notes to Gold? Before the demonetization announcement was made? So that Modi Govt protecting them as given above Headline's?

    DisAgree [2] Agree [31] Reply Report Abuse

  • Vantage Point, mangalore

    Thu, Dec 01 2016

    What about adani ,ambani and G reddy...theirs too will be confiscated if it is more than the said limit

    DisAgree [1] Agree [29] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Dec 01 2016

    Every day something new ...

    DisAgree [1] Agree [52] Reply Report Abuse


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