Revenue leakage up to 3 crores will not be prosecuted

Defects and fines will be deposited into the government treasury immediately

Magh 3, 2081

Rishiram Poudyal

Revenue leakage up to 3 crores will not be prosecuted

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Any business firm, organization or person found guilty of revenue leakage up to 30 million rupees and agrees to pay the fine will not have to be prosecuted. In the existing law, there was a provision that the case should not be prosecuted only in cases where fines and fines up to 50 lakhs should be charged.

According to the new provisions introduced by amending the Revenue Leakage Control and Prevention Act through an ordinance, the amount of fines and fines will be deposited into the government treasury immediately. Now businessmen also don't have to face lawsuits for wrongdoings and fines of up to three crores.

Revenue department officials say that if a business firm or individual submits the revenue according to the offence, they will not have to face the case. But in the case of maliciously defrauding the revenue, no matter how small the amount is, the case will be registered for revenue evasion. 

In the case of revenue evasion without intent, the Revenue Investigation Department will now take only the case of more than 30 million to the High Court. According to the senior government officials, based on past experience, the government fails in most of the revenue leakage cases filed by the department and has to wait for years to get the revenue.  Financial officials and businessmen have repeatedly requested to increase the scope for the registration of

cases. Earlier, by preparing a proposal to increase the registration to 50 million, the provision which was pending, has now been changed to 30 million through an ordinance. 

By amending the Control and Prevention of Revenue Leakage Act, 2052, earlier, the Revenue Investigation Department was given the right not to prosecute only the offense of revenue leakage up to 50 lakhs. In the meeting of the Council of Ministers on February 11, 2074, the revenue investigation department was brought under the Prime Minister's Office by amending the division of labor regulations of the government. Previously, the department was under the Ministry of Finance.  The

department was placed under the Prime Minister's Office and given the authority to prosecute cases of revenue leakage with fines of over 5 million begos. But after most of the cases tried in this way failed, the revenue collection had a more negative effect, according to the finance officer, the limit of 5 million was increased to 30 million through the ordinance. According to the amended law, the case of revenue evasion, which is currently being investigated by the Revenue Department, will not be registered if it is up to 3 crores. 

According to the Prime Minister's office sources, the employees of the revenue administration have been demanding a change, saying that they have made a sense of inferiority by filing lawsuits against businesses even for small amounts. A former director general of the investigation department has been suggesting to the government for a long time that it is more appropriate to pay money instead of lawsuits and fines for 'financial crime'. "This was also the demand of the businessmen," he said.  According to the amendment made in the

ordinance, a provision has been made that if revenue leakage of up to 3 crores is confirmed, the case cannot be prosecuted, including a 150 million fine and a 100% penalty to be imposed accordingly. According to the law, the right to collect cash from the entity or person who leaked the said amount has been given. It is stated in the amended law, "Except if any act is done with the intention of evading revenue knowingly or maliciously, the other tax department will be sent in writing to collect the tax in case of a value of less than 30 million." In the

act, there is a provision that the department can decide not to proceed with the case if the concerned person fails to pay the penalty amount. The Act has been approved by the President and will come into effect immediately. In the existing law, based on the investigation of any goods inspection or revenue evasion incident, the amount to be paid and the 100% fine are added to the amount to be paid in case of non-payment.  In case of revenue evasion with intent under the

act, no matter how small the amount is, a case will be registered for revenue evasion. If they refuse to pay the penalty according to the error, such person, business or any entity accused of revenue evasion can go to court against the decision of the department. 

Rishiram

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