Returns not filed for three years: value of unexplained assets to be taxed

The Federal Board of Revenue has decided to impose tax on value of unexplained/undisclosed assets to be legalised under the "Tax Amnesty Scheme 2012", if the claimant/declarant failed to file returns for the subsequent three tax years. Sources told Business Recorder here on Saturday that the TAS had made it mandatory for the declarants/claimants to file their income tax returns for three consecutive tax years on the pattern of "Investment Tax Scheme- 2008.
When contacted, a Lahore based tax lawyer Waheed Shahzad Butt was of the view that in earlier scheme of similar nature known as "Investment Tax Scheme- 2008 (ITS-2008)" FBR is empowered to impose tax on the basis of full value of unexplained/undisclosed assets/investments which were legalised under the ITS-2008 if the declarants, failed to file income tax returns for the subsequent three tax years.
This condition was mandatory for all claimants/declarants of ITS-2008, because ITS-2008 had made it compulsory for the declarants to file their income tax returns for three consecutive tax years. It was further provided in the ITS-2008 that new taxpayers availing ITS were obliged to file income tax returns for the tax year 2008 and subsequent three tax years. The department had not questioned the source of acquisition of assets declared under the scheme and obligation of filing income tax return, if any, for the last five years.
Under the provisions of the ITS FBR is legally empowered to issue notices to the non-filers of returns. In case of non-compliance, the FBR has the authority to take full value of unexplained/undisclosed assets, which were regularised under the ITS-2008.
It has been brought to the notice of the FBR that certain persons who availed the ITS have not filed their income tax returns. The persons who availed the scheme were under obligation to file their income tax returns for three tax years thereafter. Apparently, the field formations have yet not made efforts to check whether or not the declarants who availed ITS-2008 have discharged their legal obligation for the succeeding tax years?, he added.
Through an income tax circular 7 of 2008, the FBR had clarified all issues pertaining to legalisation of un-declared assets. The board had clarified that under the scheme, a new taxpayer is obliged to file return of income for the tax year 2008 and succeeding three tax years. In case the taxpayer fails to do so, then immunity under the scheme shall not be available in his case.