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1.Title and Commencement
TITLE:-
The rules are known as “Black Money and
Imposition of Tax Rules, 2015”
“BMIT” RULES,2015
COMMENCEMENT:-
It came into force on 2nd July, 2015.
4. FMV OF UNQUOTED EQUITY SHARES SHALL BE
HIGHER OF:-
(i) COST OF ACQUISITION
OR
(ii) FMV OF UNQUOTED SHARES=(A+B-L)*(PV)
(PE)
Where, A= BOOK VALUE OF ALL ASSET*-
(a)(ANY AMOUNT OF INCOME TAX PAID-AMOUNT
OF INCOME TAX REFUND CLAIMED)
(b) (ANY AMOUNT SHOWN AS ASSET WHICH DOES
NOT REPRESENT THE VALUE OF ANY ASSET**)
B= FMV OF BULLION, JEWELLERY, PRECIOUS
STONE, ARTISTIC WORK, SHARES, SECURITIES
AND IMMOVABLE PROPERTY AS DETERMINED
IN MANNER PROVIDED IN THIS RULE;
L=BOOK VALUE OF LIABILITIES*
PE=TOTAL AMOUNT OF PAID UP EQUITY SHARE
CAPITAL AS SHOWN IN THE BALANCE-SHEET;
PV=THE PAID UP VALUE OF SUCH EQUITY
SHARES
*
NET
ASSET
DECLARATION MADE IN FORM 6
COMMISSIONER SHALL GRANT
ACKNOWLEGMENT IN FORM 7 WITHIN
FIFTEEN DAYS OF SUBMISSION OF TAX
ALONG WITH PENALTY
SOME
IMPORTANT
POINTS
1. FLAT 30% TAX
WITHOUT ANY
EXEMPTION,
DEDUCTION, SET OFF
OR CARRY FORWARD
(+)
EQUAL AMOUNT BY
WAY OF PENALTY
2. FAILURE TO FILE
RETURNS OF FOREIGN
INCOME WILL ATTRACT
A PENALTY OF Rs. 10
LAKH
3. ALONG WITH
ENHANCED
PUNISHMENT OF JAIL
FOR 3-10 YEARS WITH
PENALTY EQUAL TO 3
TIMES OF TAX EVADED
OR 90% OF
UNDISCLOSED INCOME
WHICH IS ADDITION OF
TAX OF 30%
4.
SECOND AND
SUBSEQUANT
OFFENCE WILL BE
PUNISHABLE WITH
IMPRISONMENT OF
3-10YEARS AND
FINE OF Rs. 1
CRORE
5.
UNDISCLOSED
HOLDINGS OF Rs.
5 LAKH OR LESS
ANY TIME DURING
A YEAR NOT
REPORTED OUT OF
OVERSIGHT OR
IGNORANCE SHALL
NOT ATTRACT ANY
PENALTY
6.
BILL EMPOERS THE
CENTER TO ENTER
INTO AGREEMENT
WITH FOREIGN
COUNTRIES FOR
EXCHANGE OF
INFORMATION
FOR RECOVERY OF
TAX AND
AVOIDANCE OF
DOUBLE TAXATION
BLACK MONEY ACT & IMPOSITION OF TAX ACT

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BLACK MONEY ACT & IMPOSITION OF TAX ACT

  • 1.
  • 2.
  • 3.
  • 4. 1.Title and Commencement TITLE:- The rules are known as “Black Money and Imposition of Tax Rules, 2015” “BMIT” RULES,2015 COMMENCEMENT:- It came into force on 2nd July, 2015.
  • 5.
  • 6.
  • 7.
  • 8.
  • 9. 4. FMV OF UNQUOTED EQUITY SHARES SHALL BE HIGHER OF:- (i) COST OF ACQUISITION OR (ii) FMV OF UNQUOTED SHARES=(A+B-L)*(PV) (PE) Where, A= BOOK VALUE OF ALL ASSET*- (a)(ANY AMOUNT OF INCOME TAX PAID-AMOUNT OF INCOME TAX REFUND CLAIMED) (b) (ANY AMOUNT SHOWN AS ASSET WHICH DOES NOT REPRESENT THE VALUE OF ANY ASSET**)
  • 10. B= FMV OF BULLION, JEWELLERY, PRECIOUS STONE, ARTISTIC WORK, SHARES, SECURITIES AND IMMOVABLE PROPERTY AS DETERMINED IN MANNER PROVIDED IN THIS RULE; L=BOOK VALUE OF LIABILITIES* PE=TOTAL AMOUNT OF PAID UP EQUITY SHARE CAPITAL AS SHOWN IN THE BALANCE-SHEET; PV=THE PAID UP VALUE OF SUCH EQUITY SHARES
  • 11.
  • 12.
  • 13. *
  • 14.
  • 16.
  • 17.
  • 18.
  • 19.
  • 20.
  • 21.
  • 22. DECLARATION MADE IN FORM 6 COMMISSIONER SHALL GRANT ACKNOWLEGMENT IN FORM 7 WITHIN FIFTEEN DAYS OF SUBMISSION OF TAX ALONG WITH PENALTY
  • 24. 1. FLAT 30% TAX WITHOUT ANY EXEMPTION, DEDUCTION, SET OFF OR CARRY FORWARD (+) EQUAL AMOUNT BY WAY OF PENALTY 2. FAILURE TO FILE RETURNS OF FOREIGN INCOME WILL ATTRACT A PENALTY OF Rs. 10 LAKH 3. ALONG WITH ENHANCED PUNISHMENT OF JAIL FOR 3-10 YEARS WITH PENALTY EQUAL TO 3 TIMES OF TAX EVADED OR 90% OF UNDISCLOSED INCOME WHICH IS ADDITION OF TAX OF 30%
  • 25. 4. SECOND AND SUBSEQUANT OFFENCE WILL BE PUNISHABLE WITH IMPRISONMENT OF 3-10YEARS AND FINE OF Rs. 1 CRORE 5. UNDISCLOSED HOLDINGS OF Rs. 5 LAKH OR LESS ANY TIME DURING A YEAR NOT REPORTED OUT OF OVERSIGHT OR IGNORANCE SHALL NOT ATTRACT ANY PENALTY 6. BILL EMPOERS THE CENTER TO ENTER INTO AGREEMENT WITH FOREIGN COUNTRIES FOR EXCHANGE OF INFORMATION FOR RECOVERY OF TAX AND AVOIDANCE OF DOUBLE TAXATION

Editor's Notes

  1. ASSET HERE IS REFERRED AS ASSET OTHER THAN BULLION, JEWELLERY, PRECIOUS STONE, ARTISTIC WORK, SHARES, SECURITIES AND IMMOVABLE PROPERTY ** ASSET LIKE UNAMORTISED AMOUNT OF DEFERRED EXPENDITURE
  2. *IT DOES NOT INCLUDE, THE PAID UP CAPITAL IN RESPECT OF EQUITY share THE AMOUNT SET APART FOR PAYMENT OF DIVIDENDS RESERVES & SURPLUS , OTHER THAN THOSE SET APART TOWARDS DEPRECIATION PROVISION FOR TAXATION OTHER THAN TAX PAID-AMOUNT CLAIMED AS REFUND PROVISION MADE FOR PAYMENT OF LIABILITIES, OTHER THAN ASCERTAINED LIABILITIES CONTINGENT LIABILITIES OTHER THAN ARREARS OF DIVIDEND PAYABLE IN RESPECT OF CUMULATIVE PREFERENCE SHARES
  3. * ANY DEPOSIT MADE FROM PROCEEDS OF WITHDRWAL FROM THE ACCOUNT, IS NOT TAKEN INTO CONSIDERATION
  4. * WHERE AN ASSET WAS TRANSFERRED WITHOUT ANY CONSIDERATION OR IN ADEQUATE CONSIDERATION BEFORE THE VALUATION DATE, THE FMV OF THE ASSET SHALL BE HIGHER OF ITS COST OF ACQUISITION & THE FMV ON THE DATE OF TRANSFER
  5. * IF CENTRAL BANK OF THE COUNTRY OR JURISDICTION DOES NOT SPECIFY THE RATE OF CONVERSION THEN RATE SHALL BE THE ONE SPECIFIED BY ANY OTHER BANK REGULATED UNDER THE LAWS OF THAT COUNTRY OR JURISDICTION