Income Tax Department, Srinagar has taken serious view of the bogus refunds claimed by various persons in past few years. The department has filed two FIRs against one Chartered Accountant and 404 other persons of Jammu & Kashmir in bogus refund cases. The FIRs have been filed by Akash Kumar Meena, Income Tax Officer (Technical), Srinagar with the Crime Branch of Jammu & Kashmir Police at the direction of the Principal Commissioner of Income Tax, Jammu-Kashmir and Ladakh, M.P.Singh based on the investigation carried out by the Income Tax Officer (TDS), Srinagar. It has been alleged in the FIRs that one Chartered Accountant namely Imran Amin Dara of Srinagar and 404 other persons have entered into a conspiracy and defrauded the Central Govt. exchequer for a sum of Rs.16.72 crores between financial years 2017-18 to 2019-20. In the FIRs addressed to the Senior Superintendent of Police, Crime Branch, Srinagar, the Income Tax Department has described the modus operandi of the accused in minute details and has shared their complete details with crime branch like names, addresses, PAN, bank accounts and the amounts fraudulently claimed as refunds by filing incorrect Income Tax Returns in a clandestine manner. It has been alleged that all the culprits have taken more than Rs.4 lakhs as refunds by filing incorrect Income Tax Returns for various years. All 405 persons have been booked under sections 420/468/471 and 120B of the IPC & RPC read with section 66-D of the I.T.Act. Imran Amin Dara, Chartered Accountant who is the main accused in the case is running a consultancy firm ICDS & Co., Opposite Hurriyat Office, Behind SBI Complex, Dar Building, 1st Floor in Rajbagh, Srinagar. The FIR Numbers of the cases registered on 25.05.2023 with the Economic Offence Wing of the Crime Branch, Srinagar are 27/2023 and 28/2023. It is learnt from the reliable sources that Special Investigation Team (SIT) headed by Imtiyaz Ahmed, Dy. Superintendent of Police, Crime Branch, Srinagar has been constituted at the direction of Special DIRECTOR General of Police (Crime), Jammu & Kashmir for further investigation in the matter. It is learnt that the Crime Branch sleuths have seized all bank accounts of the accused persons and further investigation is in progress.
The Income Tax Department of Jammu & Kashmir has also filed one complaint against the CA Imran Amin Dara of Srinagar to the Institute of Chartered Accountants of India. I a letter dated 24.05.2023, Akash Meena, Income Tax Officer, Technical has requested the Director Discipline of ICAI to cancel the license of the said CA.
Last year, in the month of November, the Income Tax Department of Jammu & Kashmir had undertaken analysis of refunds claimed by the taxpayers by claiming bogus deductions. It was found that large number of salaried employees of the U.T. have claimed bogus deductions under various sections of the Income Tax Act with the help of some touts. Such Govt. employees are from different departments like PDD, health, tourism, education, police, J&K Bank, universities and even some belt forces. At the request of Income Tax Department, various U.T. departments had issued advisories in the month of March to their employees to update their Income Tax Returns and file ITR-U in case they have claimed bogus refunds. It is learned from the reliable sources that more than 9000 employees had updated their returns before 31st March and refunded the excess amounts of refunds to Govt. along with additional tax totalling to more than Rs.56 crores. However, it is in the notice of the I.T. Department that many employees have not updated their returns and have not returned the fraudulently earned refunds to the Govt. with additional tax (penalty). Reliable sources have indicated that such persons will be dealt with strictly as per the law in coming months. Their cases are also likely to be selected for scrutiny in near future and more FIRs are likely to be filed against such employees and the touts who are active in the U.T. of Jammu & Kashmir. A senior officer of the I.T. Department, on the conditions of anonymity, has revealed that more than 20,000 employees of U.T. Govt. and more than 8,000 personnel belonging to various other belt forces are on the radar of the Tax Department for fraudulently claiming income tax refunds for the years 2020-21 and 2021-22 for which return filing dates are over. The Principal Commissioner of Income Tax, M.P.Singh has said that the taxes paid by the citizens are used for development of the infrastructures like roads, bridges, tunnels, rail-lines, schools, colleges and hospitals. The department respects the honest tax payers for their significant role in nation building but will deal firmly with the dishonest tax payers and such elements who misguide the public and help them in tax evasion & bogus refund claims. It is learnt from the reliable sources that such persons who claim bogus refunds or evade paying tax, are likely to be booked under various sections of IPC and can also be prosecuted under section 276C of the Income Tax Act, wherein rigorous imprisonment from six months to seven years is provided, if tax evaded is more than Rs.2.5 lakhs in a year and up to three years’ imprisonment, if the tax evasion is less than Rs.2.5 lakhs in a year, sources said. It is the high time that people come out clean and pay their due taxes and also file their Income Tax Returns before the due dates. For salaried persons, the due date for filing of returns is 31st July. The public in general is advised to intimate the Income Tax Department in case some tout approaches them and promises to get their TDS amount refunded after charging some commission. The information about such touts may be given on e-mail [email protected] or [email protected]. They may also visit local Income Tax Offices at Srinagar, Jammu, Kathua, Katra or Udhampur to file complaint against such persons or may write to The Principal Commissioner of Income Tax, Aayakar Bhawan, The Chinars, Near Govt. Silk Factory, Rajbagh Srinagar- 190008. The names of the complainants will remain confidential. Any other complaint of tax evasion/black money may also be sent on these e-mails or at the email of the Principal Director of Income Tax (Investigation) for J&K at [email protected] sources said.
