Several contesting candidates violate IT Act blatantly, may face action after polls

Mohinder Verma

JAMMU, Nov 20: In blatant violation of the Income Tax Act, several candidates contesting Assembly elections in First Phase have deliberately concealed their Permanent Account Number (PAN) details and many others have not filed Income Tax Returns despite having reflected huge immovable and immovable assets. These candidates will face action from the Income Tax Department, which has decided to prepare comprehensive reports after detailed scrutiny of the affidavits furnished by these candidates following completion of electoral process in Jammu and Kashmir.
According to the Section 139-A of the Income Tax Act, any person whose income is taxable must have the Permanent Account Number. This number enables the department to link all transactions of such persons with the department. These transactions include tax payments, returns of income, wealth, gift, FBT, specified transactions and correspondence etc.
The PAN further enables the Income Tax Department to facilitate matching of information relating to investment, raising of loans and other business activities of taxpayers collected through various sources both internal and external for defecting and combating tax evasion.
But this mandatory provision of Income Tax Act has been thrown to winds by large number of candidates contesting elections in First Phase as they have concealed their respective PAN while submitting self-sworn affidavits to the Election Commission of India. Interestingly these candidates have reflected moveable and immovable assets more than Rs one crore and motive behind concealing PAN details can easily be presumed.
These candidates are Kacho Mohammad Hussain (JKNC), sitting Minister Nawang Rigzin Jora (INC), Stanzin Lapka (BJP), Bashir Ahmad Mir (PDP), Abdul Majeed Dhobi (People’s Conference), Ishfaq Ahmad (National Conference), Abdullah Wani (National Conference), Sheikh Ghulam Ahmad (independent), Nazir Ahmed Lone (independent), Mohd Sultan Lone (BSP), Shabeer Ahmed (All J&K Kissan Mazdoor Party), former Minister Qazi Mohammad Afzal (PDP), Mushtaq Ahmad Shah (People’s Conference), Ghulam Hassan Rather (independent), Ghulam Ahmad Bhat (independent), Ghulam Mohd (PDP) and Ghulam Mohammad Parray (independent).
Similarly, 88 out of 123 candidates in fray in the First Phase of Assembly elections have not filed Income Tax Returns, which is also mandatory under the Income Tax Act. Maximum number of such candidates (32) are contesting the elections as independents.
Nine candidates of Congress, 7 of PDP, 5 of National Conference, 8 of BJP, 7 each of BSP and JKNPP, 4 of People’s Conference, 2 of All J&K Kissan Mazdoor Party, one each of SP, JD(S), Rashtriya Krantikari Samajwadi Party, All India Forward Bloc and CPI and two of NCP have not filed Income Tax Returns, the data said.
Since these candidates have blatantly violated the Income Tax Act by concealing PAN details and not filing Income Tax Returns, they will face wrath of the Income Tax Department after the completion of entire election process in Jammu and Kashmir, official sources said.
“Soon after the completion of election process in the State, Election Commission and Nodal Officers would furnish these details of all the defaulting candidates to the Income Tax Department, which will prepare comprehensive reports after scrutiny of the affidavits in details. Thereafter, the reports would be shared with the Expenditure Observers and Investigation Wing of the Income Tax Department for necessary action against the defaulting candidates under Income Tax Act.
In response to a question, they said that concealing PAN details is an offence under Income Tax Act and for that even penalties can be imposed on the defaulters. “Similarly those who have taxable income but refused to file Income Tax Returns will also face action under the relevant rules of the Income Tax Act”, sources added.
Responding to another question, they said that during scrutiny of affidavits Income Tax Department would also ascertain whether tax has been evaded by these defaulters and PAN details were concealed to cover up some activities aimed at avoiding payment of taxes.

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