As it is well known that the income tax department has allowed Aadhaar card holders to use the biometric id number in lieu of the Permanent Account Number (PAN). But as per new provision of Income Tax, fine of Rs. 10,000 may be levied in case of wrong Aadhar Number. As per the latest amendments in the Finance Bill 2019, not only allowed people to use Aadhaar in lieu of PAN but also introduced a penalty for giving a false Aadhaar number. However, the new penalty rules are applicable only in cases where you are using Aadhaar in lieu of PAN and where quoting PAN is mandatory according to the income tax department rules. It is well known that although Aadhaar is issued by the Unique Identity Authority of India, yet the fine is not imposed by UIDAI but by the income tax department. Under Section 272B of the Income Tax Act, 1961, the department can impose a penalty in case of default in complying with provisions relating to PAN, i.e., failure to obtain, quote, or authenticate PAN.
It has been directed by the Central Information Commission to
the Income Tax department to disclose the list of top 10 Income Tax assessees
among individual, companies and charitable organisations categories.
“The
information should be disclosed as it may entuse and motivate such assesses and
others to pay their taxes in an hones and transparent manner” said Information Commissioner M L Sharma.
Rejecting the
contention of the Income Tax Department that the information is of third party,
held in confidence, and if disclosed might endanger the life and physical
safety of the assessee, Sharma said couple of years ago the department
felicitated highest income tax payers publicly.
"I am not
sure whether this practice is continuing at present or not, but, one thing is
clear, disclosure of their names is not likely to adversely affect the Central
Revenues. On the other hand, it may enthuse and motivate such assessees and
others to pay their taxes in an honest and transparent manner," he said.
Mr. Sharam
said the exemption clauses cited by the IT department do not hold in the instant
matter.
"I see no
reason why this information should not be disclosed. Shri Abrol's (Income Tax
department representative at the hearing) reliance on this Commission's
decision in Raj Kumari Vs Income Tax Department is not of much help to him as
the factual matrix of that case is different from the present one," he said.
The Commission
also ordered to disclose top income tax defaulters - an information which is
already in the public domain - while hearing the petition filed by S C Agrawal.
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