Government functions with the help of the taxes collected from the citizens. The tax levy is a system, which is generally not to the liking of the public. Hence, the tax evasion is the major field, where Government revenue is lost. To enhance the detection of evasion, Government has framed the system of rewards to the people who help in the detection of the tax evasion. The following are a few guidelines for the people who like to help detection of Customs Duty evasion/frauds:
Under the existing Reward Scheme, Government of India grants handsome rewards to informers who provide specific information leading to seizure of goods, currency, bullion or leads to detection of duty evasion including wrong declaration of quantity, description, value etc. An information is any useful message received from the public or any person for that matter revealing fraudulent evasion of duty. It is the message based on which the department officials conduct further enquiry and investigation leading to seizure/detention. An information has to be given in writing addressed to the Head of the department, after affixing the signature of the person giving the information along with the left-hand thumb impression. An information should contain details of the evasion known, such as name & address of the firm, method adopted for the evasion, the persons responsible and all other relevant details.
The maximum amount of reward to the informers can be as high as 20% of
net sale-proceeds of the contraband goods seized and/or
amount of duty evaded plus amount of fine and
penalty recovered. The maximum reward in respect of gold is Rs.50,000/- per Kg., for silver it is Rs. 1,000/- per Kg., for Opium it is Rs. 220/- per Kg., for Heroin it is Rs. 20,000/- per Kg., for Cocaine it is Rs. 40,000/- per Kg. and for Hashish it is Rs.
400/- per Kg.
The reward scheme to the Informer has been extended
to the cases of recovery from tax defaulters as per
Ministry's letter file no. 13011/3/2004-Cus(AS) dated
12.08.2005 issued by the Deputy Secretary, Government of
India, Ministry of Finance, Department of Revenue,
C.B.E.C., New Delhi. The text of the said scheme is as
under :
(i) The reward scheme shall be extended to grant of
suitable reward to an informer who gives information
regarding the whereabouts, assets, immovable properities
etc. of persons from whom arrears of duty, tax, fine,
penalty etc. [under the provisions of the Customs Act,
1994 in so far as the said Act contains provisions
relating to Service Tax] are recoverable and the
information results in recovery or arrears.
(ii) The grant of reward shall be considered only in
those cases where the Chief Commissioner is satisfied
that
a) all possible
efforts have been made by the Departmental officers to
trace the defaulter/details of defaulter's property, and
b) information provided by the
informer has been instrumental in the recovery of
arrears.
(iii) The reward in such a
cases can be given up to a maximum of 5% of the amount
recovered and the quantum of reward will be determined by such as
the nature, accuracy, accountability and efficacy of the information, and other
attendant factors.
(iv) In those cases where
the case was originally booked on the basis of information provided by an informer, reward to the
informer(s) giving information leading to arrears recovery shall be given out of
the total reward available in the informer category as per
exisiting policy.
(v) In order to
expedite arrears recovery, the jurisdictional
Commissioner may, if necessary, invite information from
the general public through notices in the print /
electronic media in a case where recovery of arrears is
pending on account of the fact that the whereabouts/details of assets of the
defaulter are not known, and the Chief Commissioner is satisified that all
possible efforts have been made by the Departmental officers in
this regard.
(vi)
For removal of doubts, it is clarified that reward in cases of
arrears recovery shall be admissible only to informers and not
to officers. |