Central Action Plan 2021-22 Overview
Central Action Plan 2021-22 Overview
Confidential
2021-22
CONTENTS___ ___________________________________________________________________________
Page
INTRODUCTION 3
INTRODUCTION
The Central Action Plan 2021-22 has been framed at a time when having battled with the second
wave of pandemic, its time to navigate the path to New India@75 with belief in our efforts and
confidence in our strategy. Care has been taken in the Action Plan to align the expectations
with the prevailing scenario, while retaining the core emphasis of the Department on taxpayer
services, ease of compliance and non-adversarial tax administration. The twin focus of this
Action plan is on robust implementation of faceless assessments as well as faceless appeals
and ensuring quality service delivery to our taxpayers.
This Action Plan marks a substantial shift in the work processes of the Department. New
chapters, therefore, have been incorporated on Faceless Charges and Jurisdictional Charges
in order to give clarity and focus to their complementary roles.
Online submissions through webmail, use of web based conferencing tools to minimize face
to face interaction with taxpayers/representatives is encouraged even in jurisdictional
charges. Adaptability and flexibility are the key requirements to deliver the required output
in the present year. While several timelines have been extended due to the pandemic for ease
of compliance by the taxpayers, it is imperative that such cases must be monitored by the field
formations as well as the Systems Directorate.
In view of the prevailing situation, no targets have been fixed in the Action Plan for surveys,
interventional verifications or widening of tax base. Flexibility has been given to Pr. CCsIT to
take action as per the existing situation.
The Action Plan 2021-22 seeks to reorient the work strategies with enhanced use of technology
and reduction of interface. It is expected that the workforce of Income Tax Department will
undertake all possible efforts to assist the taxpayers by prompt issue of refunds and quick
disposal of grievances.
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CHAPTER - I
BUDGET COLLECTION
3. ALLOCATION OF TARGETS
3.1 In the past, the Budget target for each cadre-controlling Pr. CCIT was fixed
keeping in view the revenue potential of the Region, which was based on the
weighted average growth rate of net collections of last three years by a Region.
However, considering that the method of allocation of BE targets based on historic
growth rate of three years would not be suitable for FY 2021-22 in view of sectoral
and regional re-alignment of economic activities due to Covid-19 pandemic and
resultant impact on tax collection, the collection trends of last Financial Year 2020-
21 are taken as the basis for a more precise estimation for the collection for the
collection trend in current Financial Year, and allocation of budget target for each
cadre-controlling Pr. CCIT has been done accordingly.
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3.2 The targets fixed for various cadre-controlling Pr. CCIT for F.Y. 2021-22 are as per
the Table below:
Table-2
3.3 The above targets should be further allocated down to various field units under
the jurisdiction of Pr. CCIT keeping in view the past performance and revenue
potential of different charges.
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CHAPTER – II
Arrear demand has been increasing over the past years. Keeping in view, the past trends of
the Arrear Demand and Cash collections, it is imperative that concerted efforts continue to be
made to reverse the trend of increasing arrear demand and to initiate the process of reducing
the figure to more manageable levels.
2. Accordingly, for the year 2021-22, the target for Reduction in Arrear Demand has been
retained at 40% of the total demand as on 01.04.2021.
2.1 In order to facilitate efficient discharge of output in this important area of work
throughout the year, the minimum percentage of the annual target for reduction in arrear
demand fixed for each Pr. CCIT region to be met in the following timeframe:
Up to 30% 01.09.2021
Up to 60% 31.12.2021
Up to 100% 31.03.2022
2.2 Besides, minimum of 15% of brought forward entries of arrear demands to be reduced
in Corporate & International Taxation charges and minimum 25% of such entries to be reduced
in non-corporate charges.
3. Reconciliation of arrear demand on CPC portal, early disposal of appeals and passing
of appeal effect orders at an early date are critical to the achievement of the targeted reduction
in arrear demand. While targets for early disposal of appeals have been set out in Chapter III,
specific targets for reconciliation of arrear demand as well as for giving effect to appeal orders
are fixed as under:
4. The overall target for reduction in arrear demand shall include a target of cash
collection of arrear demand, which is a distinct target and required to be achieved
independently. This target of cash collection of arrear demand may be worked out on the
basis of the following formula (Table-3) by each Pr. CCIT for their respective Regions
and should be intimated to ADG(TPS-II), Delhi by first week of September, 2021.
Table-3
4.1 The above formula includes a 5% weightage in respect of demand where assessees are
not traceable. Experience has shown that in at least a few such cases, the assessees can be
traced out with proper efforts, including searches on internet, use of ITS data and enquiries
through banks.
5. In order to provide focused attention to the handling of stay granted cases, the following
strategies shall be adopted:
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6. The minimum percentage of annual target for cash collection fixed for each Pr.CCIT
region to be met in following timeframe:
Up to 30% 30.09.2021
Up to 60% 31.12.2021
Up to 100% 31.03.2022
7. Targets for reduction and cash collection have to be dynamic and should be reviewed
on a quarterly basis. The Pr. CCsIT will further allocate these targets in accordance with the
specified formula to the respective CCsIT/DsGIT in their region. Such allocation of targets
should be completed by the first week of September, 2021 and intimated to ADG(TPS-II), Delhi
for monitoring purposes.
8. The write off proceedings after issue of Irrecoverable Certificates (ICs) by the TROs
should be expedited in a time bound manner. The Pr. CCsIT/CCsIT concerned will ensure
monthly meetings and regular review of unrealizable demand and decisions on write off
proposals. In this regard, the relevant Instructions/OMs may be followed. Monthly report
should be submitted to the Pr. DGIT (Admin. & TPS) for monitoring purpose.
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Chapter - III
LITIGATION MANAGEMENT
The Central Board of Direct Taxes recognizes the important role of Litigation Management in
achieving its vision of being an efficient and effective tax administration and improving
voluntary tax compliance. The Board has launched the concept of Faceless Appeal for the first
time with effect from 25-09-2020. Under the overall supervision of the National Faceless Appeal
Centre (NFAC), the faceless appeal system comprising of Appeal Units spread all across the
country has completely done away with the requirement of physical presence of the appellant.
Not only that, the Faceless appeal scheme has ensured even distribution, both in terms of
number and in terms of types of cases amongst the 293 Appeal Units across the country. Other
than cases assigned to Central charges and cases within the jurisdiction of International Tax
and Transfer Pricing (referred to as Others herewith), all other appeals have been included
under the faceless scheme.
2. The seriousness of the Board with respect to litigation management is evident from a
series of policy actions taken in this regard which include substantial increase in monetary
limits for filing appeals, constitution of committee for minimizing and strengthening litigation
management (OM dated 5.6.2016), committee to study appellate orders to examine filing of
Appeals by the Department before various fora(OM dated 17.7.2014) and introduction of
Central Tax Committee and Regional Tax Committees etc. In the past few years, the
Department has taken path breaking steps on policy side to improve litigation management.
This includes a steep hike in monetary limit on filing appeals before ITAT/Courts. Direct Tax
Vivad se Vishwas Act, 2020 was passed in March, 2020 to reduce the pendency of appeals at
various appellate fora. This scheme is now complete and has substantially reduced the
pendency of appeals.
3. Appeal Statistics
TABLE-4
Details FY 2019-20 FY 2020-21
CIT(A) NFAC Non- Total
NFAC
No. of appeals pending as on 1st 334594 398324 59484 457808
April
No. of new appeals instituted 222082 56255 27671 83296
during the year
No. of appeals disposed during 98868 14683 26391 41074
the year
Closing number of appeals 457808 439896 60764 500030
A2 Appeal filed before 1.4.2021 and demand involved above Rs 1 crore up to Rs 50 crore
A3 Appeal filed before 1.4.2021 and demand involved above Rs 10 lakh up to 1 crore
B1 Appeal filed before 1.4.2018 and demand involved between Rs 2 lakh to Rs 10 lakh
B2 Appeal filed between 1.4.2018 to 31.3.2021 and demand involved between Rs 2 lakh
to Rs 10 lakh
B3 All appeals filed before 31.3.2021 and demand involved is less than Rs 2 lakh
4.1 The creation of NFAC has necessitated separate approach in target allocation
amongst the Appeal Units and the CsIT(A). Allocation of work to the Appeal Units within the
NFAC has been done taking into account even distribution of case load, both in terms of
numbers and in terms of category of appeals.
4.2 Accordingly, the targets and norms for FY 2021-22 in respect of disposal of appeals
pending with Appeal Units within the NFAC and CsIT (A) in each Pr. CCIT Region are set out
as under:
Note: For the purpose of Appeal Unit disposal implies uploading of draft order on the ITBA.
TABLE-5
Category Remarks
A A1 Above 50Cr No inter-se priority except 100% disposal
(>10 lakh) A2 Above 1 Cr to 50 Cr of A1 brought forward as on 01.04.2021.
A3 Above 10 Lakh to 1 Cr
B B1 Filed before 1.4.2018 (2- Older appeals to be taken up on priority.
(< 10 lakh) 10 lakh)
B2 Filed from 1.4.2018 to
31.3.2021(2-10 lakh)
B3 All appeals filed before
31.03.2021(demand < 2
Lakh).
C C Current Appeals Filed May be disposed of with approval of
(< 10 lakh) during FY 2021-22 CCIT(Central)/CCIT(IT) by the CsIT(A)
handling Central and IT & TP charges. No
approval is required for Appeal Units
within the NFAC. However, it is expected
that priority shall be given to the other
categories of appeals.
(e) Cases set aside and restored to the Appeal Units/CIT (A) by Courts/ITAT are to be disposed
of on priority.
(f) All appeals for which Form 5 under the Vivad Se Vishwas Scheme has been issued to be
disposed of within 1 week of issue of Form 5.
(g) Targets specific to Appeal Units (AU): There is a lot of interdependence among Appeal
Units in disposal of cases. This mainly concerns, making available the records, not yet
uploaded on the System, by another CIT(AU) being custodian of records in respect of old
diverted charges. The ITBA has deployed a functionality of seek information as well as issue
letter functionality by which a document/information can be requested from another CIT(AU)
without unmasking his identity. This is mainly crucial for old appeals. In order to remove
obstacles to disposal of appeals due to non-availability of records, following key result areas
are proposed:
(i) All pending seek info request on ITBA module received by the erstwhile CsIT(A) is to be
disposed of by 31.08.2021 and any subsequent request received is to be disposed of within 15
days of receipt of request.
(ii) All pending Appeal records in respect of the Appeals allocated under the Faceless Appeal
Scheme is to be uploaded by the CIT(AU) being the custodian of respective old diverted
charges by 31-08-2021.
(iii) All orders passed outside the System should be uploaded by 30-09-2021 by the CIT(AU)
being custodian of records of old diverted charges.
(iv) The faceless appeal system has introduced the concept of risk analysis and review of
orders selected for Review after Risk Analysis. Each such order reallocated to a CIT(AU) for
the purposes of review is to be disposed of within 30 days of receipt of such orders.
B. Each individual CIT (A) & each officer in charge of Appeal Unit shall be expected to dispose
of a minimum of 350 appeals (excluding VSVS orders) for the financial year.
C. In order to ensure the seamless operation of the review mechanism under the faceless
scheme, for each case falling under review, disposal shall be counted as under:
(a) 1 disposal for AU uploading the Draft order
(b) ½ disposal for AU reviewing/finalizing the said order
D. The search & seizure appeals belonging to same group shall be grouped together for
disposal even if some of the appeals do not fall within the priority category for the Central
charges.
4.3 For the purpose of evaluation of performance of an individual officer holding additional
appellate charge(s) during the year/part-year, the aggregate disposal including in the
additional charge(s) held, shall be considered.
taken to assign all the pending appeals, except those involving TP adjustments, of an assessee
to one CIT(A) only. The exercise should be completed by 31st August, 2021.
(ii) The faceless appeal system is expected to evolve continuously to provide a seam less
interface to the Appeal Units and to facilitate their work. Pr. CCIT(NFAC), shall in consultation
with the CCsIT (RFAC) identify areas of improvement in the ITBA system and bring it to the
notice of the Board for consideration. The Pr. CCIT(NFAC) shall, in consultation with CCsIT
(RFAC) identify best practices/Business process followed by individual Appeal Unit and bring
it to the notice of all other Appeal Units for replication/consideration. This shall be a continuous
and ongoing process.
(iii) With the launch of Faceless Appeal and jurisdiction less appeal system, new challenges
are expected to arise in the day to day working of Appeal Units. Some of these could relate to
representation before higher appellate authorities, requisition of assessment records from the
AO, giving an opportunity of video hearing to the appellant etc. The Pr.CCIT(NFAC) in
consultation of CCIT(RFAC) shall devise and issue SOPs with respect to common issues faced
by the Appeal Units.
(iv) Pr. CCsIT/CCsIT should take necessary steps to ensure that necessary resources and
infrastructure, including secretarial support, are provided to CsIT(A)/Appeal Units so as to
enable them to discharge their duties efficiently and meet Action Plan Targets. A suitable
mechanism should also be devised to ensure that remand reports are sent to the CsIT
(A)/Appeal Units in time.
PART B: ROLE OF THE JURISDICTIONAL AO (JAO)/AO BEFORE APPEAL UNITS/CsIT(A)
6. Proper representation before CsIT(A)/Appeal Units is essential for quick disposal of appeals
as well as for improving the quality of appellate orders. The Board has also issued guidelines
for representation of cases before CsIT(A) vide F No. 279/Misc/M-124/2018-ITJ dated
14th February, 2019 in this regard. It is reiterated that timely submission of remand reports and
proper representation before CsIT(A) in appropriate cases is ensured as the same is of utmost
importance.
6.1. The Jurisdictional Assessing Officers (referred to as JAOs herewith) shall submit all remand
reports pending as on 31.07.2021 latest by 30.09.2021 and thereafter, as far as possible, the
AOs shall submit remand report within 30 days from date of receipt of the letter calling for
remand report by CsIT(A)/Appeal Units. The Range heads shall closely monitor this work and
in case of delay they shall inform the CsIT(A)/Appeal Unit in writing about the reasons for
delay.
6.2. JAO shall respond to ITNS 51 sent by the CsIT(A)/Appeal Unit within 15 days. Special care
is to be taken for those cases that would require special attention of the CsIT(A)/Appeal Unit
such as delayed appeal/taxes on returned income not paid etc.
7.2 Scrutiny Reports on ITBA: The Central Scrutiny Report (CSR) module available on ITBA is
yet to be optimally utilized by the field formation. It is desirable that from the current Financial
Year, all Central Scrutiny Reports are duly reported on ITBA. The Pr.CsIT are to ensure that
CSRs are prepared by the AOs and submitted on ITBA.
8. There are a large number of cases where appeals for various assessment years, involving
similar issues, are pending for several years at different levels in the ITAT/High
Court/Supreme Court. This back-log of litigation not only blocks collectible revenues, but also
generates further litigation due to similar issues arising in subsequent assessments. Thus, even
though there is a reduction in the number of appeals being filed by the Department, the
number of disputes pending in Courts/ITAT has been increasing over the years. The
procedure for handling such litigation in a concerted and focused manner is required to be
followed. Appeals with similar issues in the High Court should be bunched together by the
office of CIT(Judicial) or any other Pr.CIT/CIT nominated by the Pr.CCIT and the Departmental
Counsel may be asked to request the Courts to hear them together, if possible.
8.1 For proper litigation management, a master list of appeals pending at ITAT, HC, SC that
was prepared at the level of each Pr. CCIT. is required to be updated every quarter and
updated list is to be forwarded to Pr. DGIT(L&R) by 15th day from the end of the quarter in the
format specified in Table 6.
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Table-6
Departmental Appeal at ITAT, HC, SC
AO/JCIT/Pr.CIT/CCIT/Pr.CCIT……as on ….
S.No. Name of PAN A.Y. Appeal at Amount Date of Date of Date of Demand Amount
the No. ITAT/HC/SC in filing of receipt giving raised collected
Assessee dispute appeal of appeal
order effect
2
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CHAPTER - IV
The Taxpayers’ Charter has been enshrined in Chapter-XIII, section 119A, of the Act. As part
of this charter, the Taxpayers’ Charter Cells have been created at Pr. CCIT level at each of the
18 Regions/Zones, International Taxation and Exemptions to act as the access point to
taxpayers at field level for ensuring compliance of the commitments specified in the
Taxpayers’ Charter.
2. The Service Delivery timelines set in the Taxpayers’ Charter should be strictly adhered to
by field formations. Timely Service Delivery to the Taxpayer is a special point of focus in the
current year, especially in view of the hardships faced by taxpayers due to economic
slowdown caused by the Covid-19 crisis.
3. To ameliorate the liquidity crunch the Government has announced various fiscal as well as
monetary stimulus or packages. In the period of crisis all efforts should be made by the
Department to assist the taxpayers by speedy issue of refunds and early disposal of such
grievances.
4. The following 16 key standards for delivery of service to the taxpayer by the Department
along with timelines are as below: -
TABLE-7
STANDARDS FOR SERVICE DELIVERY
Timelines (after the date
S.No. Key Services of passing/receipt of the
order or application).
1. Issue of refund along with interest u/s 143(1) of the 3 months.
Act
2. Issue of refund including interest from proceedings
1 month.
other than section 143(1) of the Act
3. Decision on rectification application 6 months.
4. Giving effect to appellate/revision order except in
cases where-
(i) any issue is set aside, or
(ii) verification of any issue by way of submission of
any document by the assessee or any other person is 3 months.
involved, or
(iii) where opportunity of being heard is to be
provided, or
(iv) Extension is granted by the Pr.CIT or CIT.
5. Acknowledgement of communications received
Not Beyond One Week.
through electronic media or by hand.
6. Decision on application seeking extension of time
1 month.
for tax payment or for grant of instalment.
7. Issue of Tax Clearance Certificate u/s 230 of the Act. Within one week.
8. Decision on application for recognition/approval to
3 months.
provident fund/superannuation fund/gratuity fund.
9. Decision on application for grant of exemption to
institutions (University, School, Hospital etc.) u/s 10
(23C) of the Act:
• Institutions having existing
3 months.
approval
• In cases where approval is
6 months.
provisional or is about to expire
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5. Considering the importance of this aspect of work, the Pr. CCIT concerned has to be
responsible and accountable for monitoring. The Pr. CCIT shall make a quarterly report in
respect of 16 standards for service delivery by 15th day from the end of the quarter and
monthly report by 10th of every month for the preceding month with regard to resolution of
grievances and send it to the Zonal Member with a copy to Pr. DGIT (Admn. & TPS). In the cases
where pendency goes beyond 60 days, the reasons for delay must be mentioned in the said
monthly report along with an explanation of the officer/official concerned.
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CHAPTER - V
FACELESS CHARGES
Faceless Assessment Scheme has been launched to eliminate the interface between the
Assessing Officer and the assessee to the extent technologically feasible and to optimize
utilization of resources, specialization, data driven assessment and to introduce a team-based
assessment mechanism with dynamic jurisdiction. Accordingly, the National Faceless
Assessment Centre (NaFAC)and Regional Faceless Assessment Centre (ReFAC) have been
established. The ReFAC consists of Assessment Units, Verification Units, Technical Units and
Review Units each having distinct functions and responsibilities.
In order to achieve the above, the targets for Units of ReFACs are set as under:
TABLE-8
TARGETS FOR ASSESSMENT UNITS 2021-22
S. No Key Result Target/Activity Time frame(by)
Area
(g) Issue SCN with DAO Within 5 working days of the case
wherein modification is being received from RMS/RU.
proposed in returned
income or sum payable
2. NaFAC shall, in consultation with Systems Directorate, frame the Risk Assessment
criteria for each Assessment and Penalty cycle.
3. NaFAC shall ensure timely laying of SOPs (Formats, Modes, Processes & Procedures)
for completion of different processes of Assessment and Penalty Units.
4. It must also be ensured that normally all scrutiny assessments are completed 15 days
before the limitation date. It should be further ensured that:
a. For the date of limitation of cycle of assessment being 30.09.2021, it should be
ensured that 70% of the total cases are completed by 31.08.2021 and 100% of
the total cases by 15.09.2021.
b. For the date of limitation of the next cycle of assessment being 31.03.2022, cases
should be completed in the following manner: - 30% by 30.11.2021, 70% by
31.01.2022 and 100% by 15.03.2022.
5. It must be ensured that normally all penalty cases are completed 15 days before the
limitation date. It should be further ensured that:
a. For the date of limitation being 30.09.2021, it should be ensured that 70% of the
total cases are completed by 31.08.2021 and 100% of the total cases by
15.09.2021.
b. For the date of limitation being 31.03.2022, penalty cases should be completed
in the following manner: 30% by 30.11.2021, 70% by 31.01.2022 and 100% by
15.03.2022.
6. Wherever, references have to be made under section 92CA and other sections of the
Act, the exercise to be undertaken within 15 days of case being flagged in FAO’s work
item.
7. Each Range Head shall identify appropriate number of important and potential cases
for quality assessment and give specific focus to these cases and guide Faceless
Assessing Officers (referred to as FAOs herewith) to carry out appropriate investigation
and frame quality assessments.
8. Each AO shall pass at least 10 quality assessment orders during the year. Such cases
shall be marked by AO in ITBA as Quality Orders.
9. FAS is team-based assessment scheme and all actions are required to be approved by
the Range Head. Therefore, the Range Head should complete action in cases submitted
by the FAO on regular basis without delay and in any case within five working days
from the date of receipt of case for action.
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10. In penalty cases where requisite supporting documents and orders are not available in
ITBA system, FAO shall write to JAO within 15 days of receipt of penalty case by FAO.
11. In cases where the FAO requests the JAO to upload certain documents, the JAO should
upload the required documents within five working days.
(2) The Units should ensure that assessment orders passed in all cases should be (i) speaking
orders, (ii) error-free from audit’s point of view, (iii) compliant with the principles of natural
justice (Audi Alteram Partem), (iv) having appropriate detailing and marshaling of facts and
relevant legal provisions wherever additions/disallowances are being made, and (v) avoiding
frivolous additions or disallowances leading to high pitched assessment. Similarly, Penalties
should be decided in judicious and fair manner.
(3) The powers of review and inspection by the superior authorities should be utilized in an
effective and timely manner as an instrument of ensuring quality assessments. This function
should not be left to the fag-end of the financial year.
(4) Pr.CsIT (ReFAC) shall also send suggestions to DTRTI for training regarding their specific
needs so that the DTRTIs can incorporate such needs in their programmes.
(5) Pr.CsIT(ReFAC) shall continuously monitor, supervise and sensitize the Units under them
to ensure that the assessment and penalty orders passed are in accordance with the procedure
prescribed in Section 144B of the Act or the Faceless Penalties Scheme-2021.
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CHAPTER - VI
JURISDICTIONAL CHARGES
CBDT vide guidelines (F. No.173/165/2020-ITA-I) dated 14th August, 2020 has mandated that
field formations outside the NaFAC/ReFAC hierarchy will perform the following functions in
faceless manner to the extent possible:
The role of Jurisdictional Assessing Officers (JAOs) is of crucial importance in ensuring the
successful implementation of the changed business processes in the Department.
7. JAOs to undertake immediate compliance, within five working days, to any query from
NaFAC seeking information / document/clarification during Faceless assessment/penalty
proceedings.
8. JAOs to pass orders in all partly set aside cases pending as on 01.04.2021 within the time
allowed under the relevant provisions of the Act.
9. JAOs to pass consequential orders and reduce demand or issue refunds, latest by 31.07.2021
in all VsV cases wherein Form 5 has been issued upto 30.06.2021. For all subsequent issue of
Form 5, i.e. 01.07.2021 onwards JAOs may give necessary effect within 30 days.
10. Uploading of paper returns and processing of e-returns by AO
(a) Uploading of paper returns:- 100% of manual returns pending for processing and filed
between 01.04.2021 and 30.06.2021 to be uploaded by 16.08.2021.
(b) Processing of e-returns:- 100% of e-returns pushed to AO’s portal by CPC and pending to
be processed by 16.08.2021.
11. Building Knowledge Capacity and Enhancing Performance
(a) Financial Statements of the last published annual report along with notes on account of
top 100 listed Corporate cases to be studied/analysed, based on which each Pr. CCIT
to send a report to the Board (Member, IT &R) by 30.11.2021. The template of such a
report to be communicated separately by the Board.
(b) Each CCIT should recognize quality work done by his officers, in diverse areas such as
collection, assessment, prosecution, outreach etc. Appreciation certificates and
recommendation for regional/national level departmental award, Let Us Share etc.
should be made preferably though a committee to oversee these issues.
(c) Each Pr.CIT should organize at least one in-house workshop per quarter. Officers shall
present important issues and relevant case laws for discussion. They will also present
their suggestions for enhancing tax collection in their area.
(d) Pr. CsIT shall also send suggestions/request to DTRTI regarding their specific training
needs.
12. Recovery
(a) A large number of companies have been struck off from the records of the ROC; in some
case petitions for restoration of registration are required to be filed before the NCLT so
as to be able to pursue recovery of demands raised in their cases. AOs must identify all
such cases at the earliest and ensure filing of petitions by 31.10.2021.
(b) Each TRO should complete at least 1 auction in suitable cases in respect of the Pr. CIT
Charge and effect recovery during the financial year itself.
(c) Recovery surveys may be conducted in terms of the guidelines issued by CBDT vide
Order F No. 275/29/2020-IT(B) dated 16.10.2020 as corrected by Corrigendum dated
19.10.2020.
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(d) In cases where assets or bank balances lie abroad and where India’s tax treaties
(DTAA/TIEA/MAC) provide for assistance in collection of taxes. Requests may be made
to foreign tax authorities through FT& TR Division to collect the ‘revenue claim’ or take
conservancy measures in accordance with the provisions of the relevant treaty. The
procedure in this regard along with other relevant details may be extracted from the
updated Manual on Exchange of Information that was released by the Board in 2015.
(e) The Pr.CsIT shall be responsible for the accomplishment of the above targets and action
items by TROs and the results achieved by TROs shall be considered in evaluating the
performance of Pr.CsIT.
(b) Review of all entries in PD accounts and PAN population of the entries by 31st August, 2021.
(c) Adjustment of amounts in PD accounts against tax arrears by 31st December, 2021
TABLE-9
C. ASSESSMENT RELATED
1. Completion of All Pending Partly Set Aside Within the period of limitation as per the
Orders Pending as on 01.04.2021 relevant provisions of the Act
2. Compliance to any query from NaFAC
seeking information, document, or any
Within Five working days
clarification during Faceless assessment
/penalty proceedings.
D. LITIGATION MANAGEMENT
1 Remand Reports (a) All pending Remand Reports as on
31.07.2021 to be disposed by 30.09.2021
(b) Thereafter, all remand reports to be
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F. AUDIT
1 Receipt/Revenue Brought forward pendency Replies to be sent by
Audit of Receipt/Revenue Audit 31.12.2021
Objections and Draft Paras
of C&AG/ LAR as on
01.04.2021
2 Receipt/Revenue Audit Remedial action to be initiated
(Major & Minor) Objections within 3 months and
received after 01.04.2021 completed within further
and where Receipt/ period of 6 months from
Revenue Audit objections initiation and replies sent
have been accepted accordingly as prescribed in
Instruction No.07/2017
Receipt/Revenue Audit Replies to the Objections to be
(Major & Minor) Objections sent within 2 months of receipt
received after 01-04-2021 of LAR as prescribed in
and where the Instruction No.07/2017
Receipt/Revenue Audit
objections have NOT been
accepted
3 Draft Paras of C&AG Report on Draft Paras to be
received during financial sent through Pr.CCIT to the
year CBDT – within 6 weeks of
receipt of Draft Para as
prescribed in Instruction
No.07/2017
4. Internal Audit Brought forward pendency Settlement by 31.12.2021
of Internal Audit Objections
as on 01.04.2021
5. Internal Audit Objections Replies to the Objections to be
(Major) received on or after sent within 1 month of receipt
01-04-2021 and where the of the Audit Objection as
Audit objections have been prescribed in Instruction
accepted. No.6/2017. Further, remedial
action to be initiated within 3
months of receipt of the
objection and concluded
within 6 months of initiation of
the proceedings as per the
Act.
6. Internal Audit Objections Replies to the Objections to be
(Major) received on or after sent within 1 month of receipt
01-04-2021 and where the of the Audit Objection as
Audit objections have NOT prescribed in Instruction
been accepted. No.06/2017
7. Internal Audit Objections Replies to the Objections to be
(Minor) received on or sent within 1 month of receipt
after 01-04-2021 where the of the Audit Objection as
Audit objections have been prescribed in Instruction
accepted No.6/2017. Further, remedial
P a g e | 29
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P a g e | 30
CHAPTER - VII
The International Taxation and Transfer pricing landscape has undergone a sea change. The
traditional way of doing business has seen rapid and massive transformations especially in
view of the ushering in of digital economy. Nexus based on physical presence for taxation of
business income, which has been the foundation of tax treaties, is no longer relevant with the
digitalisation of economy. Further, there has been growing concern all over the world about
tax planning by multinational enterprises that makes use of gaps in the interaction of different
tax systems to artificially reduce taxable income or shift profits to low-tax jurisdictions in which
little or no economic activity is performed. In response to this concern, and at the request of
the G20, the Organisation for Economic Co-operation and Development published 15 Action
Reports on Base Erosion and Profit Shifting in 2013. The members of Inclusive Framework on
Base Erosion and Profit Shifting, including India, came forward to adopt the recommendations
contained in BEPS Action Reports to tackle the issues relating to avoidance of payment of taxes
by non-resident tax payers by treaty shopping and circumvention of provisions of treaty, by
signing Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base
Erosion and Profit Shifting (MLI). India has signed the MLI on 7 th June 2017 and deposited the
instrument of ratification on 25th June 2019. The synthesised text of the DTAAs with 27 countries,
which have ratified MLI, is available on departmental website. The date of applicability of the
MLI provisions to a treaty is contained in the synthesised text of the relevant DTAA. So far as
taxation of income arising from digitalisation of economy is concerned, continuous efforts are
being made at international level to reach a consensus. India along with other market
jurisdictions is actively participating to ensure that MNCs pay their fair share of taxes in the
market jurisdiction i.e. source country.
Amidst the growing forces of globalisation and digitalisation of the economy, the broader goal
of the International Taxation and Transfer Pricing charges is to ensure that the assessees pay
their fair share of taxes. Besides contributing to the direct tax collection and carrying out
assessment work, the International Taxation units are also ensuring compliances of
withholding tax provisions, verification of high risk data contained in Form 15CA/15CB and
Form 15CC. Accordingly, the targets and key result areas for Financial Year 2021-22 aim at
dovetailing them towards this broader goal.
C. ASSESSMENT:
1. It must be ensured that normally all scrutiny assessments are completed 15 days
before the limitation date.
It should be further ensured that:
a. For the date of limitation of cycle of assessment being 30.09.2021, it should be
ensured that 70% of the total cases are completed by 31.08.2021 and 100% of the total
cases by 15.09.2021.
b. For the date of limitation of the next cycle of assessment being 31.03.2022, cases
should be completed in the following manner:
• 30% by 30.11.2021,
• 70% by 31.01.2022 and
• 100% by 15.03.2022.
2. Each AO shall pass at least 10 quality assessment orders during the year. Such cases shall
be marked by AO in ITBA as Quality Orders.
All other targets for the JAOs mentioned in Chapter VI will apply to AOs in
International Taxation.
TABLE-10
A International Taxation
2.2 High risk data in Form 15CC for FY 2019-20 & 30.09.2021
FY 2020-21 to be pushed by Systems to AOs
P a g e | 32
3.2 High risk Form 49C data for FY 2019-20 and 31.10.2021
FY 2020-21 to be pushed by Systems to AOs
* 15CC data to be verified as per SOP to be formulated by Pr. CCIT (IT), New Delhi.
ACTION ITEMS
A large part of collections in international taxation charges comes from TDS, i.e. taxes
withheld from remittances made to non-residents. The strategy to augment revenue through
TDS requires a combination of proactive measures related to enforcement, capacity building
(external and internal) and leveraging of available information. Experience gained from the
verification of remittance data carried out in the past years has highlighted the need to apply
more focused and effective risk parameters in selecting high-risk data for verification. Equally
important is the need to process more current information and gradually progress to a state
where high-risk information is identified, processed and acted upon on a real time basis.
A set of revised risk parameters for selecting high-risk remittance data from Forms
15CA/CB was formulated in FY 18-19 by a team of officers nominated by Pr. CCIT(IT), in
consultation with the Directorate of Systems. These parameters have been improved upon
by the Committee already constituted by Pr. CCIT(IT) and applied to the data for FY 19-20
which has already been disseminated to the field formations. The balance data of high risk
remittances in Form – 15CA/CB for FY 2019-20 and data for FY 2020-21 is required to be
identified and relevant information selected would be made available to AOs by
31.08.2021.
With effect from 01.04.2016, the furnishing of information in Form 15CA has been classified
into 4 parts- Part A, Part B, Part C and Part D. If the remitter/deductor certifies in part D of
the form that the remittance is not chargeable to tax under the Act, there is no requirement
of furnishing other details of the transaction specified in Form 15CA/CB. Further, rule 37BB
(3) provides a list of payments of specified nature that do not require submission of Forms
15CA and 15CB. It is therefore imperative that monitoring of such payments should be
carried out to check misuse of these relaxations provided in the Rules. This would need
processing of information contained in Form 15CC, which is a quarterly statement
required to be filed electronically by every authorized dealer and provides basic details
of all foreign remittances made through that dealer. This data has not been examined so
far. An SOP for risk-based analysis of Form 15CC data is being formulated by the
Committee set up by Pr. CCIT(IT) in consultation with Directorate of Systems. Selected
data shall be made available to the Assessing Officers who will complete verification and
take action in accordance with the SOP.
P a g e | 34
SOP for effective utilization of this information has been issued by the Pr. CCIT (IT) New
Delhi vide letter dtd.16-10-2019. The SOP has highlighted the fact that certain transactions
are required to be reviewed by the AOs carefully as such transactions may give rise to the
existence of a PE in India. As per the SOP, the CIT (Intl. Tax)-1, Mumbai shall act as Nodal
Officer to approach the RBI for obtaining LO data and Annual Activity Certificate (AAC)
data. The data obtained from the RBI is required to be matched with the Form 49C filed
online by the taxpayers electronically. Necessary action in accordance with the SOP
issued should be taken by all concerned.
5. Equalization levy
The Equalization Levy introduced by Finance Act, 2016 requires deduction of tax at source
@6% by a person who is making payment for specified services to a non-resident. It also
provides for an annual statement to be furnished electronically by the payer in Form No.1
on or before 30th June of the financial year immediately following the relevant financial year.
The Finance Act, 2020 has introduced w.e.f. 1st April 2020 major changes in the
aforementioned provisions whereby the provisions of Equalisation Levy have also been
made applicable to the e-commerce supply or provision of services or facilitation of the
same by an e-commerce operator. The compliance with the levy on specified services is to
be made by the payer (deductor) by deducting 6% of the amount payable to the non-
resident whereas the levy @2% on e-commerce supply of goods or provision of services is
to be paid by the e-commerce operator who receives the consideration. The e-commerce
operators are required to be registered with the GSTN as they are also liable to GST.
P a g e | 35
Vide CBDT’s notification dated 02.03.2020, Assessing Officers working in the jurisdiction
of Principal Chief Commissioner of Income Tax (International Taxation), Delhi have been
given the authority to exercise the jurisdiction over the persons required to meet the
obligation of equalization levy. As a result, the Assessing Officers in the International
Taxation charge have to ensure compliance of the provisions of Equalisation Levy
contained in Chapter VIII of Finance Act, 2016. Processing of Annual statements of
Equalization Levy for A.Y. 2019-20 filed in 2020-21 will have to be completed by
31.03.2022 by all the Assessing Officers. Further, in order to ensure that the provisions of
Equalisation Levy introduced by Finance Act, 2020 are properly being complied with by
the e-commerce operators (who are non-residents), the Directorate of Systems shall
make available by 16.08.2021 the list of e-commerce operators registered with GST to the
Principal Chief Commissioner of Income Tax (IT), New Delhi.
6. Enforcement Actions
In view of the prevailing situation of pandemic, intrusive actions such as Survey & Spot
Verifications shall be carried out only in cases involving high revenue potential cases
following the guidelines issued by the CBDT in this regard.
Data on sale of immovable properties over threshold limit available in SFT statements may
be obtained and matched with transactions on which TDS has been deducted u/s 195 to
generate list of defaulters, on which action can be taken by AOs. It has been observed in
several cases that the buyer of the property deducts TDS only at the rate of 1% on purchase
of immovable property from NRIs, which actually requires TDS @ 20% on capital gains. All
such cases are to be identified and taken up on a priority basis which may result in substantial
increase in TDS collection. DIT(I&CI)/Systems Directorate should provide the necessary
details by 31.10.2021 to CsIT (IT)/ (IT& TP).
These certificates and orders should be issued expeditiously and in any cases within one
month from the date of receipt of application. At the same time, Range Heads must ensure
that certificates for lower or Nil deduction of tax are not given without adequate verification
of the facts. Certificates u/s 197 and 195(2) of the Act are compulsorily required to be issued
on TRACES and offline applications should not be entertained. Where orders under section
195 are passed determining an amount of tax to be deducted, a copy of the order should be
endorsed to the Assessing Officer of the deductor for the purpose of section 40(a)(i) of the
Act.
P a g e | 36
The CPC(TDS) has introduced a new feature in Form 26AS (Part G) showing various TDS
demands of the concerned PAN (including demands in respect of TANs mapped with that
PAN). Also aggregated TDS Compliance view is available to field TDS Officers on the AOs
Portal of the CPC(TDS) for the purpose. In addition, demand outstanding against PAN of the
applicant is also available on the system. These features will help the AOs in visualizing the
demands against the tax payer, and should be used for recovery as also while considering
issuance of certificates u/s 197/195 of the Act.
******************
P a g e | 37
CHAPTER - VIII
(a) Institution having existing Approvals Within 3 months from the end of the month
under section 10(23C) in which the Application is received
(b) Institutions where approval is Within 6 months from the end of the month
provisional under section 10(23C) or in which the Application is received
is about to expire
(c) In any other case Within 1 month from the end of the month in
which the Application is received
(a) Trust or Institution having existing Within 3 months from the end of the month
Registration under section 12A or in which the Application is received
12AA
(b) Trust or Institution is registered under Within 6 months from the end of the month
section 12AB and the period of the said in which the Application is received
registration is due to expire (Section
12AB is under new process or new law
effective from 01.04.2021)
(c) Trust or Institution has been Within 6 months from the end of the month
provisionally registered under section in which the Application is received
12AB (Section 12AB is under new
P a g e | 38
(d) Registration of the Trust or Institution is Within 6 months from the end of the month
inoperative due to provisions of in which the Application is received
section 11(7) of the Act (Registration
u/s 12A or 12AA shall be inoperative
from the date on which the Trust or
Institution is approved under clause
(23C) of section 10)
Trust or Institution has adopted or
(e) Within 6 months from the end of the month
undertaken modifications of the
in which the Application is received
objects which do not conform to the
conditions of registration granted
(f) Any Other case including provisional Within 1 month from the end of the month in
registration which the Application is received
(a) Trust or Institution having existing Within 3 months from the end of the month
Approval under section 80G in which the Application is received
(b) Trust or Institution is Approved under Within 6 months from the end of the month
section 12AB and the period of the said in which the Application is received
approval is due to expire
(c) Registration of the Trust or Institution is Within 6 months from the end of the month
inoperative due to provisions of in which the Application is received
section 11(7) of the Act (Registration
u/s 12A or 12AA shall be inoperative
from the date on which the Trust or
Institution is approved under clause
(23C) of section
Trust or Institution has adopted or
(d) Within 6 months from the end of the month
undertaken modifications of the
objects which do not conform to the in which the Application is received
conditions of registration granted
Any other case including provisional
(e) Within 1 month from the end of the month in
grant of Approval
which the Application is received
(b) All the targets for JAOs mentioned in Chapter VI shall apply to JAOs (Exemptions).
[Action: All JAOs (Exemptions)]
4. Transfer of jurisdiction
4.1 The database of PANs not pertaining to the Exemptions jurisdiction, but lying in
Exemptions Charges shall be made available by CIT (CPC), Bengaluru to Pr.CCIT
(Exemptions), New Delhi by 31.08.2021, so that PANs in all such cases can be transferred by
the Exemptions charges to the correct jurisdiction.
4.2 Similarly, database of PANs of charitable entities claiming Exemptions vide ITR-7 but not
under the jurisdiction of CIT (Exemptions) shall be made available by CIT (CPC), Bengaluru
to Pr. CCIT (Exemptions), New Delhi by 31.08.2021 so that PANs in all such cases can be
transferred to the relevant Exemptions jurisdiction.
4.3 This exercise of transfer of jurisdiction may be completed by 30th September, 2021.
Physical records/old records are also required to be transferred immediately upon transfer of
a particular case from or to Exemptions charge, as the case may be.
5.2 Database of all URNs granted upto 31.07.2021 may be updated on the website by
31.08.2021. Thereafter, regular updating of the database every month may be undertaken to
ensure that information in the public domain is current.
[Action: DIT(CPC), Bengaluru]
P a g e | 40
TABLE - 11
The Targets for Exemptions charge and Time frame for the same is as under:
******************
P a g e | 42
CHAPTER - IX
TDS UNITS
Tax Deduction at Source has grown as a non-obtrusive but powerful instrument for preventing
tax evasion, widening the tax base and augmenting revenues over the years. The total TDS
collection during FY 2020-21 is of Rs. 3.50 lakh crore (Excluding TDS related to international
transactions). The strategy to augment revenue through TDS requires a combination of
proactive measures related to enforcement, capacity building (external and internal) and
leveraging of information that is now available with the Department through the CPC(TDS).
The action items are laid down as guidance to the field officers though they may formulate area
specific strategies as per specific local needs and priority.
TABLE- 12
TAX DEDUCTION AT SOURCE
Action to
Key Result
S.No Target/Activity be taken Time frame
Area
by
(a) Reconciliation of TDS
reported by AINs with One month after the
To ensure payments through OLTAS by CIT(TDS) end of due date of
compliance State AGs based on report filing of TDS statement
by Govt. available on TRACES portal
1 Principal
Account (b) Notices to AIN defaulters
Officers/ and cleaning up of AIN
Deductors database by getting the data
AO(TDS) 31.12.2021
of AINs who are non-
filers/have requested for
closure
(a) 5% of Manual uploaded
demand as on 01.04.2021.
(b) 20% of short payment AO(TDS) 31.03.2022
demand as on 01.04.2021
(System Generated)
(c) 50% of Late Payment
Interest Demand as on
AO(TDS) 31.03.2022
Collection and 01.04.2021 (System
reduction of Generated)
2 demand (d) 15%of Late Filing fees
(Arrear AO(TDS) 31.03.2022
demand as on 01.04.2021
Demand) To be monitored by
the supervisory
authority to ensure
(e) All eligible brought
compliance and send
forward & pending AO (TDS)
the report within the
rectifications as on CPC(TDS)
fortnight. CIT to
01.04.2021
review and submit
report on regular
basis.
P a g e | 43
CIT(TDS) 31.12.2021
(d) It is desirable to dispose
of all pending prosecution
proposals received up to FY
2018-19
P a g e | 45
(e) Finalization of
Compounding Proposals 31.12.2021
pending as on 31.03.2021 CCIT/CIT
(TDS)
ACTION ITEMS
1. Demand Collection/Reduction:
a) AOs shall ensure that all the manual demand raised as a result of passing of order u/s
201/201(1A), penalty, compounding fee etc. is compulsorily updated on TRACES portal. All
manual demands that have been raised and recorded in the D&C Register should be
uploaded on TRACES portal by 30.10.2021. In case where there is a duplicate/erroneous
demand, the same should be reconciled with CPC (TDS) by 30.12.2021 and effect of the same
should be given by the afore-mentioned date.
b) It is advisable that orders u/s 201/201(1A), penalty orders etc are passed on traces AO portal
only.
c) In cases where the company is under liquidation or has been admitted to the National
Company Law Tribunal (NCLT), it should be verified and assured that claim has been
registered by the department to protect the interests of revenue.
d) There are huge demands pending in the System related to statements filed since FY 2007-08.
There are also unconsumed challans available for matching of demand especially in the case
of government departments, PSUs and government bodies. The AOs should generate the list
of defaulters from TRACES and issue letters to them. In case of challans pertaining to earlier
years which are unconsumed but have been frozen by CPC (TDS), AOs can unfreeze the
challans using the functionality available on AO portal and the relevant demand can then be
tagged with the challans.
e) A large number of instances have been noticed where the deductors are making PAN errors
in the deductee rows in the TDS statements by way of either mentioning ‘Invalid PANs’ or
‘PAN not available’ in the corresponding column. Accordingly, CsIT (TDS) may advise the
deductors to insist upon furnishing of valid PAN by the taxpayers in case of high value
transactions. Deductor-wise list of transactions is available as MIS on the AOs portal of the
CPC(TDS) – [please see ‘PAN error’ report & ‘Deductors with highest no of PAN errors’
report]. Pursuance of these cases could result in minimizing TDS mismatch cases on the one
hand while helping in identification of new assessees on the other, thus augmenting revenue.
f) The targets for collection and reduction of arrear demand have been rationalized in this
year’s plan, having regard to the Covid-19 Pandemic, lockdown in various areas, liquidity
crunch and below normal performance of certain sectors, experience gained and the fact that
some of the officers, particularly AOs (TDS), have a very large number of entries and the
process is time consuming. The rationalised targets must be met.
g) All demands raised should be entered on the AOs portal of the CPC (TDS) and efforts should
be made to collect the demands within the financial year itself.
h) In order to ensure correct and prompt reporting and collection of TDS by state governments,
the Range heads should closely interact with the State Accountant General and treasuries,
and provide necessary guidance to minimize errors and delays. Two meetings with State AG
should be organized during the year.
P a g e | 47
i) System generated demand in respect of late payment interest and late filing fee is
collectible and should be collected to the maximum possible extent.
j) CIT-CPC shall ensure that reports required by field formation are updated and available for
download by 16.08.2021 for arrear demands that is outstanding as on 01.04.2021.
2. Capacity Building:
a) TDS workshops and awareness programs can be conducted for all categories of deductors
including government deductors, PSUs, Banking Sector, Professional organizations etc. for
giving wide publicity. The programs can be targeted for those deductors who were not
exposed to such programs earlier or those categories of deductors where there is less
compliance. In corporate connect programs for companies, banks etc., it should be ensured
that the senior functionaries attend the meetings to understand compliance requirements and
the serious consequences of TDS violations for the entity as well as the principal officers.
b) Initiatives should be taken to educate defaulters regarding filing of correction statements for
liquidating huge infructuous demands pending on TRACES since long, related to short
deductions, short payments, non-payment of interest, late filing fee etc. The demands
pending thereafter should be collected immediately.
c) Meetings, with priority to online video conferencing should also be conducted with the
Chartered Accountants, corporate lawyers, Company secretaries, accountants and TDS
Consultants regarding the preparation, submission and correction of TDS statements and
payments. Auditors should be reminded of notifying the TDS violations clearly in the audit
reports.
(a) Digitalization of manual grievance- All the manual grievance including those about TEP
(TDS Evasion Petitions) received after 01.04.2021 shall be digitalized for record, retrieval
and expeditious disposal . A system would be devised on the lines of E nivaran for this
purpose by CPC TDS.
(b) Certificate u/s 197 should be decided promptly. Detailed scrutiny like questionnaire
as in 143(3) proceedings or 201 proceedings should be avoided. Instructions issued by
CBDT should be followed.
P a g e | 48
4. Enforcement Actions:
Surveys/e-Enquiry
(a) At least 20 e-enquiries for verification of TDS defaults, based on lists pushed by CPC TDS
with prior approval of CIT is desirable, to be completed in a time bound manner in order
to check TDS evasion. Hence, in FY 2021-22 twenty e-Enquiries per AO in a year are
desirable after getting due approval from the CIT(TDS).CPC (TDS) to regularly provide
useful reports/inputs to field officers that may be used for identifying e- Enquiry cases.
(b) In the case of e-enquiries, AO shall issue notice with the prior approval of Pr.CIT/CIT
based on reports made available by CPC(TDS) or information from investigation
wing/TEP/insight portal/ other organization and information received on sharing of
information. After preliminary examination of the facts; subsequently, notice u/s
201/201(1A) of the Act may be issued and action completed in 3 months, in case of TDS
defaults.
(c) CCIT (TDS) to issue guidance for survey as per the prevailing situation in a city. All
surveys/spot verification to be undertaken with prior approval of CCIT (TDS).
(d) CPC (TDS) and DsGIT (Inv.) would regularly provide useful reports/ inputs to the TDS field
officers that may be used for identifying survey cases. The following indices may be useful
for selecting a case for survey: -
(i) Cases in prosecution list (Cases where TDS/TCS not deposited after deduction);
(ii) Trend of TDS payment in stark contrast to other deductors in similar business;
(iii) Cases showing negative trend in payment (under a particular Section as compared
to preceding FY);
(iv) Tax evasion petitions (regarding non-deduction of TDS);
(v) Cases reported by the Assessing Officer with huge disallowance u/s 40(a) (ia) of the
Act;
(vi) Habitual late filers/non-filers of TDS Statement (late filing/non-filing is closely linked
to late payment or non/short deduction);
(vii) Negative growth in TDS payment as against healthy growth in Advance tax payment;
(viii) Cases where frequent corrections have taken place and also where the name of
deductors is changed on regular basis;
(ix) Cases of sick units or units with negative operating margins (as indicated in Audit
report u/s 44AB of the Act);
(x) Grievance petition filed by the deductee;
(xi) Analysis of case laws decided in favour of Revenue.
(xii) TDS evasion found during the search u/s 132 and survey u/s 133A of the Act.
(xiii) Information available on TDS module of Insight portal.
(xiv) Work of pre-survey preparation and analysis of data that are available with various
Departments of Government and which is received by the Directorate of Systems on
regular basis. It can prove to be game changer for TDS related field actions. Directorate
of Systems to process the data received from various other departments and may pass on
the required information about high-risk cases to the field formation for conducting
preferably focused e-Enquiries or TDS surveys.
(xv) There had been instances where TDS statements were revised by the deductor more
often resulting in probability for claim of fraudulent refunds or reduction in demand.
Identification and verification of such cases:
- where TDS statements have been revised multiple times in the previous years.
- where there is substantial decrease in the default amount.
P a g e | 49
a) Monitoring of Monthly TDS remittance from salaries on monthly basis is required, both from
the private sector as well as Government Departments.
b) It is important to collect information from the State Government about the Plan Outlay of all
major contracts in the various departments and monitor TDS payments from the same and
also the sub-contracts involved therein. Focus should be made on compensations paid by the
Central and State governments especially for land acquisition and other types of rewards.
c) It is settled law that State Government undertakings are separate legal entities and are
therefore, liable to Income-tax. It has been observed that the Banks have been defaulters in
non-deduction of TDS on interest to these State Governments PSUs, Corporations,
Autonomous Bodies and Development Authorities. This area needs sensitization and
education of deductors. Banks and Public Sector Undertakings are the key areas of focus in
the year. Professional fees paid by banks or by the customers for loans and credit ratings,
valuation of stocks, properties and other assets needs to be verified through the vagaries of
S. 194J.
d) Large scale non-compliance of TDS provisions by local bodies (especially Panchayats) has
been noticed in some regions. A special drive to ensure compliance by the local bodies can
be helpful in boosting revenue. Such drive can have three-pronged strategy to ensure (i) that
all local bodies having liability to deduct TDS obtain TAN (ii) coordination with their
administrative department and special drive for their education and (iii)surveys.
P a g e | 50
e) Collection of tax at source is an area to augment considerable revenue as more areas have
been included under this provision. TDS officers may conduct random surveys to ensure
compliance.
9. Recovery Surveys:
a) All recovery surveys of the charges other than Central charges will be conducted by the
officers of TDS charge. The recovery survey will be approved by a Collegium comprising
of two officers of the level of Pr. CCIT or CCIT, which will include the CCIT of the concerned
jurisdictional charge and CCIT(TDS) or Pr. CCIT of the region where there is no CCIT(TDS).
b) There will be no Collegium for TDS charges. TDS charges will conduct recovery surveys
in their cases after the approval of CCIT(TDS) or where there is no CCIT(TDS) after the
approval of Pr. CCIT of the region.
c) Guidelines prescribed vide CBDT F.No. 275/29/2020-IT (B) dated 16th October, 2020 are
to be followed.
e) Officer of the TDS Wing shall prepare the survey report and upload the same on ITBA as
per Survey Manual and extant instructions in this regard and will also send a copy of
survey report to AO/TRO concerned.
In the recent past, a number of sections have been introduced in Chapter XVII-B/BB of the
Act providing for deduction of tax on-
(a) Rent (above specified amount) by individuals or HUF not liable to audit under
section 44AB of the Act (Section 194-IB),
(b) Payment in the nature of contract, commission or professional fees (above specified
amount) by individuals or HUF not liable to audit under section 44AB of the Act
(Section 194 M),
(c) Withdrawal of cash exceeding 1 crore rupees (section 194 N),
(d) Payment made to an e-commerce participant for sale of goods or provision of
services on digital or electronic platform (Section 194-O),
(e) Payment by a buyer, subject to certain conditions, to seller for purchase of any
goods of the value exceeding Rs. 50 lakh (Section 194-Q).
(f) TDS/TCS on non-filer at higher rates (206AB and 206CCA)
These provisions being recent or newly inserted need to be covered to their potential in the
TDS enquiries.
******************
P a g e | 51
CHAPTER-X
4. As per section 139 of the Act, various persons are required mandatorily to file returns,
viz. Companies & Firms (including LLP) etc. The Data of registered Companies and LLP are
available with the Registrar of Companies (ROC)/Ministry of Corporate Affairs (MOCA).
Though registration of firms with Registrar of Firms is optional but many firms are registered
with the Registrar of Firms and data is available with them. The Finance Act, 2019 has mandated
compulsory filing of returns where a person has entered into certain high value transactions.
The Finance Act, 2020 and 2021 have widened the scope of TDS and TCS in respect of certain
transactions. Besides, section 285BA of the Act provides for filing of statement of specified
financial transactions and reportable accounts. The Directorate of Systems should collect data
in these respects and forward the same to the field formations by 30.09.2021, so that such data
can be effectively utilized for widening of tax base by taking suitable action in case of non-
filers.
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5. Filer base consists of persons who have filed return in any of the previous three
Financial Years. New filer is defined as a person who is not included in the filer base at the
beginning of the year but has filed return in the current financial year. Over the years, while
fixing the Pr. CCIT (CCA) Region wise targets of widening of tax base, the CBDT had been
taking into account the buoyancy in economy, both in organized as well as unorganized sector,
filer base at the beginning of financial year, new filers added in immediate previous year and
Non-filers identified through the latest NMS cycle. In the current financial year, the target for
adding new filers is left to the discretion of each Pr. CCIT region keeping in mind the prevailing
economic scenario due to the COVID 19 pandemic. Pr. CCsIT may communicate the target so
allocated to CBDT by 31.10.2021. Directorate of Systems will co-ordinate with each Pr.CCIT
region and provide data with regard to NMS cycle/dropped filers/dropped tax payers etc.by
15.10.2021.
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CHAPTER XI
INTELLIGENCE AND CRIMINAL INVESTIGATION
(2) In the recent past, there have been many initiatives in strengthening of the mechanism
or organized collection of information in form of “Statement of Financial Transactions (SFT)”
from specified sources who are required to file the same online. The Directorate of
Intelligence and Criminal Investigation (I&CI) has been entrusted with the responsibility of
ensuring timely, complete and accurate filing of SFT. The core function of I&CI Directorate
emanates from Section 285BA of the Act read with Income Tax Rules, 1962 (hereafter referred
to as ‘Rules’) related to the filing of SFT by various reporting entities. As per rule 114E of the
Rules, a reporting entity is required to file statement of financial transaction in Form 61A in
respect of transactions of the nature specified in the rules. Therefore, if Reporting Entity has
undertaken any such reportable transaction of the nature specified, there is a legal obligation
to file SFT in Form 61A for the relevant financial year.
(4) For effective and efficient conduct of its core functions assigned u/s 285BA of the Act,
organising outreach programs and educating the filers is a critical compliance management
function of Directorate of I&CI. Further, running of Specific Pilot Projects to identify areas,
which can be of importance for deepening and widening of the tax base.
(5) The Directorate of Systems facilitates capturing of data from reporting entities for
Directorate of I&CI for further monitoring, verification and dissemination thereof. The
Directorate of I&CI has the primary responsibility of ensuring complete and correct reporting
by all reporting entities. The Directorate of Systems has created reporting portal ‘Insight’,
wherein registration of reporting entities take place and on this very portal SFTs are received
online by the Directorate of Systems. Work is in progress at the level of Directorate of Systems
for developing various functionalities to be made available to Directorate of I&CI to enable
them to discharge their role of compliance management, in accordance with the provisions of
sections 285BA (and corresponding Rules) and 271FA/271FAA of the Act through electronic
mode. For timely compliance management by I&CI Directorate it is imperative that
functionalities required for these are made functional by the Directorate of Systems to the
satisfaction of I&CI. Hence, in the Table below functionalities to be made operational by
Systems are also listed alongside the targets for I&CI Directorate.
P a g e | 54
TABLE –13
S. Activity Directorate of Systems Directorate of I&CI
No.
Role Compliance Role Target
segment for
registration.
C Capacity Building
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CHAPTER – XII
EXCHANGE OF INFORMATION UNDER TAX TREATIES
Tackling offshore tax evasion, tax avoidance and unearthing of unaccounted money stashed
abroad have become a pressing concern for governments all around the world. Tax
Treaties are the legal instruments which provide a legal obligation on a reciprocal basis for
providing various forms of administrative assistance, including Exchange of Information.
2. Despite the existence of legal instruments for administrative assistance and the
willingness of our treaty partners to provide information, these provisions are still
underutilized, largely because officers of the tax department are not fully aware of the
provisions and need guidance for framing effective requests for information under
appropriate legal instruments. There is also a need to streamline our processes with a view
to respond to clarification queries / feedback requests / information requests of FT&TR
Division of CBDT and/or foreign authorities in a timely manner.
B. Capacity Building
1 Training on Each Pr.CIT/Pr.DIT/ CIT/DIT 30.09.2021 Consolidated
making shall conduct one-day training annual report
requests (online or offline) programme for to be
under tax the officers of his/her charge on submitted to
treaties Exchange of Information (EOI) FT&TR Division
and including drafting of EOI by 31.10.2021
maintai requests. by each
ning Pr.CCIT/
confide The training programme should DGIT(Inv.)
ntiality also cover data protection .
safeguards and guidelines to
maintain the confidentiality of
information exchanged under
tax treaties.
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CHAPTER – XIII
COMPUTER OPERATIONS
TABLE-15
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CHAPTER - XIV
COMMUNICATION STRATEGY
The outbreak of COVID-19 pandemic has caused unprecedented challenges across the
globe. This year is full of challenges both for the Taxpayers and the Department, requiring
effective and transparent communication for demonstrating accountability and sensitivity with
the stake-holders - the tax-professionals, the tax-payers, the citizens at large, trade bodies,
representatives of commerce & industry etc. The thrust should be to strengthen the trust in
the tax-administration.
2. The Pr.CCsIT & CCsIT need to play the critical role of leaders for a proactive
engagement with citizens through outreach programme. In all such engagements with the
stakeholders, all major government decisions that significantly impact the citizens or
envisage a major paradigm change – either in policy or delivery of public services should be
conveyed and emphasized upon.
TABLE-16
S. No. Key Result Areas Target Action By
1 Organizing The Pr.CCsIT/CCsIT should identify the Pr.CCsIT/CCsIT
Interactive sessions top 25 taxpayers of their charge and
with stake holders hold an interactive session, through
electronic mode, viz. Webinar/VC etc,
to assess the general trend in the
economy, especially the areas in which
the taxpayers are engaged and
bottlenecks/problems faced by them in
achieving optimal growth.
Grievances to be redressed in the
manner possible/desirable. Policy
issues raised to be brought to the notice
of the CBDT.
Such interactions should be held in the
first week of September, December and
March.
The Pr.CsIT/CsIT should carry out a Pr.CsIT/CsIT
sectoral analysis of their charge and
identify top 10 assessees in each sector.
ONE interactive session, through
electronic mode, viz. Webinar/VC etc,
every month should be carried out with
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ACTION ITEMS
(1) Taxpayer outreach programs shall be conducted so that every Range Head conducts
interactive sessions/workshops to educate taxpayers on specific tax provisions and
procedures and to highlight initiatives taken by the Department. This is a critically important
area for achieving the objectives of a fair and transparent administration and high standards
of taxpayer service, which ultimately translate into higher levels of voluntary compliance.
(2) The topics for interaction should be identified based on parameters such as low tax
awareness, amendments in Act, new procedures/schemes, sectors where there is low tax
compliance etc. Sessions may also be conducted in co-ordination with Industry/
Trade/Professional associations.
(3) The educational institutions to be covered should include different kinds of institutions i.e.
Professional Colleges, Management Institutions, School etc. to be decided by the Pr.
CsIT/CsIT from among the Institutions falling within their territorial jurisdiction so as to avoid
any overlap. In case a Pr.CIT/CIT does not have any institutions in his territorial jurisdiction
or does not have territorial jurisdiction, the institution to be covered by his officers/officials
should be decided by the concerned CCIT in consultation with the Pr. CCIT keeping in mind
practical aspects and to ensure maximum coverage within the region.
(4) Internal communication:
(a) While the communication strategy with the stakeholders outside the department needs no
further emphasis, it is felt that internal communication amongst the officers & officials within
the department is equally important. The Pr.CsIT/CsIT should, therefore, ensure through
regular interactions/ seminars/ workshops (at least once in a month), that the officers and
officials are abreast of the latest developments in terms of provisions of law and
pronouncement of the appellate authorities. Another objective to be achieved through such
interactions should be to ensure that the conduct of the officers and officials is non-adversarial
but alert & efficient.
(b) Maintenance of high standard and ethics in service delivery is of paramount importance.
Hence, the Pr.CCIT/CCsIT should organize lectures/seminars/workshops for the
officers/officials in the field on ethics in governance, once in every quarter.
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CHAPTER - XV
The Pr. CCsIT may also ensure that the following timeline as laid down for the entire APAR
process for FY 2021-22 is strictly adhered to:
TABLE-17
TABLE 18
3. To give further impetus to ensure timely and proper implementation of the provisions
of the Sexual Harassment Act, 2013, the following action points are made as part of Central
Action Plan targets for FY 2021-22:
TABLE 19
S.No. Action Point Time Frame
1 Constitution of one Local Details of LCC and all ICCs to
Complaints Committee (LCC) in be conveyed to Pr. DGIT (HRD)
the headquarters of Pr. CCIT by 30th September, 2021.
region. The Internal Complaint
Committee (ICC) to be
constituted in all the
Independent office under the Pr.
CCIT region.
2 Completion of Inquiry on a Inquiry on all complaints
complaint by the ICC or LCC received till 31stMarch 2021, to
within 90 days. be completed by the ICC/LCC
by 30th September, 2021.
3 Organize workshops and One workshop/awareness
awareness programmes at program to be organized in
regular intervals for sensitizing each Pr. CCIT region by 30th
the employees with the provisions September, 2021.
of the SH Act, 2013
4 Submission of Annual Report by Annual Reports received by
the Internal Complaint Committee the Pr. CCIT from the
as mandated in the Act. LCC/ICC in their region to be
sent to Pr. DGIT(HRD) by 30th
September, 2021.
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CHAPTER-XVI
INFRASTRUCTURE
To streamline office and residential infrastructure of the Income-tax Department, the following
actions are to be taken by the Principal Chief Commissioners of Income-tax and the
Directorate of Infrastructure within the time frame as stipulated below
TABLE 20
(v) Submission of rent revision proposals received from field Within 3 Months
offices to the Competent Authority of the receipt of
the proposal
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CHAPTER-XVII
MISCELLANEOUS
Global Entry Program (GEP) is a US Customs and Border Protection (CBP) program that
allows expedited clearance for pre-approved and low risk travellers for entering the US
through automatic kiosks. India became a participant country in the GEP and it has been
operationalised with effect from 3rd July, 2017. The CBDT is required to give its
recommendation to CEIB on the status of GEP applications filed by Indian citizens as
CLEARED/ NOT RECOMMENDED, after verifying the credentials of the applicant on certain
specified parameters. An SOP has been framed for handling these applications, based on
which, the targets for disposal of GEP applications are as under:
Table -21
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