Income Tax Dept warns public against cash dealings of Rs 2 lakh or more saying that the receiver of the amount will have to cough up an equal amount as penalty.

No deemed dividend if interest was duly paid on loan taken from group company

Where loan taken by assessee company from a group concern was regarded as deemed devidend because one 'S' was a common shareholder in assessee as well as lender company and he had substantial shareholding in both companies, in view of fact that assessee had paid interest on loan taken from group companies and, thus, said transactions being beneficial to those companies, amount in question could not be regarded as deemed dividend

Refer:[2019] 106 272
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An insight into changes proposed in Income-tax and GST by the Finance Bill, 2019


 1.  The threshold limit for reduced tax rate of 25% in case of domestic companies has been increased from Rs. 250 crores to Rs. 400 crores. Thus, a domestic company whose total turnover or the gross receipt in the previous year 2017-2018 does not exceed Rs. 400 crore shall be taxable at the rate of 25%.
 2.  A new Section 80EEA has been inserted to provide for deduction of up to Rs. 1.50 lakhs for interest on loan taken from any financial institution for acquisition of a residential house property whose stamp duty value does not exceed Rs. 45 lakhs.
 3.  A new section 80EEB has been inserted to provide for a deduction of Rs. 1.5 lakhs in respect of interest on loan taken for purchase of an electric vehicle from any financial institution.
 4.  The new rate of surcharge for Individual, HUF, AOP, BOI and AJP shall be - 10% (for income of Rs. 50 lakhs to Rs. 1 crore), 15% (for income of Rs. 1 crore to Rs. 2 crores), 25% (for income of Rs. 2 crores to Rs. 5 crores) and 37% (for income exceeding 5 crores).
 5.  Any sum of money paid, or any property situated in India transferred, on or after July 5, 2019 by a person resident in India to a person outside India shall be deemed to accrue or arise in India under Section 9.
 6.  Furnishing of return of income shall be mandatory under Section 139 if an individual has deposited Rs. 1 crore or more in current account or he has incurred expenditure of Rs. 2 lakhs or more on foreign travel or he has incurred expenditure of Rs. 1 lakh or more on electricity consumption.
  7.  Income-tax return can be filed using Aadhaar Number, if person hasn't been allotted PAN. If a person has linked his Aadhaar number with PAN, he may also furnish his Aadhaar number in place of PAN in the Income-tax return.
 8.  PAN allotted to a person shall be deemed to be invalid, if he failed to intimate the Aadhaar to the Dept.
 9.  A new Section 194N has been inserted to require deduction of tax at source at the rate of 2% if aggregate of cash withdrawn during the financial year from any account maintained with a banking company or cooperative bank or post office exceeds Rs. 1 crore.
10.  The sunset date for transfer of residential house property, for claiming exemption under Section 54GB in respect of investment made in eligible start-ups, has been extended from 31st March, 2019 to 31st March, 2021. Further, the conditions of minimum shareholding or voting rights has been relaxed from 50% to 25%.
11. Application under Section 195(2) and 195(7) for lower or nil deduction of tax from sum paid or payable to non-residents person can be filed electronically.
12. A new Section 194M has been inserted to require any individual or HUF (who is not required to deduct tax under Section 194C or 194J) to deduct tax at source from sum paid to a contractor or professional if aggregate payment during the year exceeds Rs. 50 lakh. The tax can be deposited under this provision without any requirement to obtain TAN.
13. As per Section 194-IA, a buyer is required to deduct tax at source from the consideration paid to buy an immovable property. An explanation has been inserted that 'consideration for immovable property' shall include all charges paid towards club membership fee, car parking fee, electricity and water facility fees, maintenance fee, or any other charges of similar nature, which are incidental to transfer of the immovable property.
14. In case of failure to file an Income-tax return, the prosecution proceedings are initiated under Section 276CC if the tax payable by the assessee is Rs. 3,000 or more. This threshold limit has been increased to Rs. 10,000.
15. Constituent entity of an International group shall now be required to keep and maintain information and document under Section 92D and file required form even when there is no international transaction is undertaken by such constituent entity.
16. There are various provisions in the Act which requires a person to make payment by account payee cheque/draft or ECS. In order to encourage other electronic modes of payment, the Government has proposed to amend relevant provisions to include other electronic modes of payment.
17. Tax shall be deductible under Section 194DA at the rate of 5% only on the income component of life insurance pay-out. The existing rate of TDS was 1% on the gross amount.
18. Relief under Section 89 shall be considered while computing the tax liability under Section 140A, section 143, section 234A, section 234B, and section 234C to avoid genuine hardships to the taxpayers who are claiming such relief.
19. Every person, carrying on business, shall, provide facility for accepting payment through electronic modes if his turnover or gross receipts exceeds Rs. 50 crores. The Payment and Settlement Systems Act, 2007 is proposed to be amended to provide that no bank or system provider shall impose any charge upon anyone, either directly or indirectly, for using the electronic modes of payment.
20. A taxpayer has been allowed to withdraw 60% of total amount from NPS as tax free. Currently, the exemption is allowed only up to 40% of the total corpus amount.
21. Benefit of first proviso of Section 201(1) has been extended in case of failure to deduct tax at source from sum paid to non-residents. Thus, a deductor shall not be deemed to be an assessee in default even if he fails to deduct tax from sum paid to a non-resident, if such non-resident discloses such income in his return of income and pays tax due on such income and a certificate from a Chartered Accountant is furnished to this effect.
22. Deduction of up to 10% of salary is allowed under Section 80CCD in respect of contribution made by an employer to NPS. The limit has been proposed to be increased to 14% of salary in case of Central Government's employees.
23. Section 12AA has been amended to provide that at the time of granting of registration to a trust or institution the Pr. CIT or CIT shall also satisfy himself that the applicant trust or institution also satisfy the requirements of any other law which is material for the purpose of achieving its objects.
24. The Pr. CIT or CIT has been empowered to cancel the registration under Section 12AA, if after granting registration it has been noticed that the trust or institution has violated requirements of any other law which was material for the purpose of achieving its objects.
25. Section 115QA which requires payment tax on distributed income in case of buy-back of shares has proposed to be extended to listed companies as well.

Goods and Services Tax
 1.  A Proviso has been inserted to clarify that interest for late payment of tax shall be levied only on that portion of tax which has been paid by debiting the electronic cash ledger. Earlier there was a confusion among taxpayers on this issue whether such interest would be charged on gross tax liability or only on net tax liability. However, there is one exception to this rule wherein interest shall be levied on gross tax liability. Where returns are filed subsequent to initiation of any proceedings under GST Act, the interest shall be levied on the gross tax liability.
 2.  Every registered person shall authenticate, or furnish proof of possession of Aadhaar number. If an Aadhaar number is not assigned to the registered person, such person shall be offered an alternate and viable means of identification. In case of failure to undergo authentication or furnish proof of possession of Aadhaar number or furnish alternate and viable means of identification, registration allotted to such person shall be deemed to be invalid.
 3.  Now a registered person can transfer any amount of tax, interest, penalty, fee or any other amount available in the electronic cash ledger to the electronic cash ledger for Integrated Tax, Central Tax, State Tax, Union Territory Tax or Cess through a new form PMT-09 subject to the conditions and restrictions prescribed under GST Act. Such transfer shall be deemed to be a refund from the electronic cash ledger.
 4.  The Central Government has been authorized to pay the amount of refund towards State taxes to the taxpayers.
 5.  The Government shall constitute an Authority 'National Appellate Authority for Advance Ruling (NAAAR)' for hearing appeals. It shall pass an order within 90 days from the date of filing of appeal.
 6.  The value of exempt supply of services provided by way of extending deposits, loans or advances (where consideration is received in form of interest or discount) shall not be considered for determining turnover under Composition Scheme.
 7.  Simplified return forms to be implemented soon. Composition registered dealers are required to pay tax quarterly and file return on annual basis.
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Income-Tax Dept Will Become ‘Corruption Free’Soon: Finance Minister

Smt. Nirmala Sitharaman, the Hon’ble Finance Minister, has released statistics which prove that the Income-tax department is indeed a dreaded den of corruption. In the year 2018 itself, 1441 complaints were received by the CBDT from hapless taxpayers against the officials of the Department. The Finance Minister has solemnly assured Parliament that the Government is taking strict action against such officials. She has also listed out the several steps which have been taken by the Government to ensure corruption free tax administration in the Country
Press Release Reg Corruption Cases

The complainant against the officers under the Department of Revenue received through CVC, individuals and other sources are dealt as per the existing guidelines of CVC and DOPT.

(i) The details of complaints received in Central Board of Direct Taxes (CBDT) are as under:-
Sr. No.
No. of complaints received
(ii) The details of prosecution launched by Central Board of Indirect Taxes &Custom (CBIC) under Prevention of Corruption Act, 1988 are as under:-
Sr. No.
No. of prosecution cases
(iii) Vigilance Branch of Revenue Headquarters is dealing with three disciplinary cases against IRS officers.

The details of prosecution cases under Prevention of Corruption Act, 1988 in Public Sector Banks are as under:-
Sr. No.
No. of Cases
Departmental Proceedings have been initiated by Directorate of Enforcement(ED) in 6 cases.

There are 15 cases pending in Department of Economic Affairs against the officers of Securities and Exchange Board of India(SEBI), Security Printing and Minting Corporation of India Limited(SPMCIL) under various charges.

This is an ongoing process. Communication is received from Central Vigilance Commission (CVC) from time to time recommending strict action against such officers. However, there are no such cases in which no action have been taken.
Steps to ensure corruption free tax administration in the country

The following steps, inter-alia have been taken by the Government to ensure corruption free tax administration in the country:

(i) Online system for internal whistle-blower has been put in place to get the vital feedback and complaints through department’s portal.

(ii) Reduction in human interface with tax payer with the introduction of higher digitization such as e-filing, e- assessment, e-appeal, e-nivaran.

(iii) Guidelines have been issued for ensuring that the assessing officers do not increase the scope of investigation in Limited Scrutiny cases without following due procedure.

(iv) Guidelines have been issued laying down specific responsibilities during conduct of surveys and in post survey operations to obviate the possibilities of any wrongdoing.

(v) All field formations have been asked to install CCTV cameras in corridors and public spaces.

(vi) Checklists and Standard Operating Procedures have been laid down for Inquiry Officers to minimize instances of defective Inquiry Reports.

(vii) System studies are being conducted by Zonal ADsG to identify potential areas of corruption and suggest systemic improvements.

Further, The government has taken a gamut of steps to comprehensively ensure corruption free tax administration in the country which includes preventive vigilance, systemic and administrative reforms, streamlining process to reduce employee trade interface and robust preventive vigilance mechanism. In order to have a corruption free tax administration, all-out effort is being made by taking regular action in the areas of Punitive, Preventive and Participative vigilance.

This was stated by Smt. Nirmala Sitharaman, Union Minister of Finance &Corporate Affairs in a written reply to a question in Lok Sabha today.

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Wrong Claim for TDS would not attract Penalty

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has held that a wrong claim for TDS cannot be a ground to invoke penalty proceedings against the assessee under section 271(1)(c) of the Income Tax Act.

The revenue initiated penalty proceedings against the assessee by holding that there was a wrong claim of TDS in the return of income to the tune of Rs.3,48,120/- without offering the corresponding income to tax. In fact, this TDS did not belong to the assessee but appeared in the form No.26AS and accordingly claimed by the assessee.

The assessee claimed that in any case even if the TDS is claimed in the return of income, the credit is only allowed after verification of the TDS as appearing in form 26AS. We find that the only addition made in the assessment order was in respect of disallowance under section 14A of the Act.

On the second appeal, the Tribunal noted that during the assessment proceedings, the AO rejected the claim of the assessee for the TDS of Rs.3,48,120/- and there was no addition made to the income of the assessee of any kind whatsoever qua this TDS claim.

“In our view, the penalty under section 271(1)(c) of the Act can only be initiated and levied if there is a concealment of income or furnishing of inaccurate particulars of income on the part of the assessee. However, in this particular case, it was a wrong claim of TDS and thus the provisions of section 271(1)(c) of the Act do not apply to the present case. Even for the purpose of levying of penalty, the mechanism provided in the section itself provides for the calculation of penalty which is 100% to 300% of the tax sought to be evaded. In other words, there has to be tax evasion for the purpose of imposition of penalty otherwise the provisions of section 271(1)(c) of the Act do not hold good. Even on the legal issue, the assessee has got a very strong case as the penalty has been initiated on both the charges. The penalty notices under section 271(1)(c) dated 09.03.2016 and 22.08.2016 were issued in a mechanical manner without mentioning or stating the specific charge on which the penalty was proposed to be levied without any application of mind. Similarly, the order of imposing penalty was passed by the AO on both the charges as stated in para 9 of the penalty order,” the Tribunal said.

ITA No.7030/M/2018
Assessment Year: 2013-14

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GST Revenue collection for the month of June, 2019 stands at Rs.99,939 crore

Total number of GSTR 3B Returns filed for the month of May up to 30th June, 2019 stands at 74.38 lakh

Posted On: 01 JUL 2019 4:48PM by PIB Delhi 

Total gross GST revenue collected in the month of June, 2019 is 99,939crore of which CGST is 18,366crore, SGST is 25,343crore, IGST is 47,772crore (including 21,980crore collected on imports) and Cess is 8,457 crore (including 876crore collected on imports). The total number of GSTR 3B Returns filed for the month of Mayup to 30 June, 2019 is 74.38lakh. 

The Government has settled 18,169 crore to CGST and 13,613 crore to SGST from IGST as regular settlement. The total revenue earned by Central Government and the State Governments after regular settlement in the month of June, 2019 is 36,535 crore for CGST and 38,956 crore for the SGST.

Revenue in June, 2018 was 95,610 crore and the revenue during June, 2019 is a growth of 4.52% over the revenue in the same month last year. The revenue in June, 2019 is 1.86% higher than the monthly average of GST revenue in FY 2018-19 ( 98,114 crore).
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ICAI mandates UDIN for all Audit / Assurance / Attest function

The Institute of Chartered Accountants of India ( ICAI ) has mandated Unique Document Identification Number ( UDIN ) from 1st July 2019 for all Audit/Assurance/Attest function.

It has been noticed by the Institute of Chartered Accountants of India that Financial Documents / Reports / Certificates are being signed by Non-CAs misrepresenting themselves as CA Members thereby misleading the Regulators, Authorities and Stakeholders.

To curb this menace and malpractices, ICAI has conceptualised and implemented an innovative concept called Unique Document Identification Number (UDIN). ICAI at its 379th Council Meeting held on 17th – 18th December 2018 made the generation of UDIN mandatory for every signature of Full time Practising Chartered Accountants in a phased manner for the following services:

All Certificates with effect from 1st February 2019

GST and Income Tax Audit with effect from 1st April 2019

All Audit and Assurance Functions with effect from 1st July 2019

Therefore, UDIN is being made mandatory for all Audit and Assurance Functions like Documents and Reports certified/issued by full time Practising Chartered Accountants from 1st July 2019

Members are being advised to plan the Audits and Assurance functions accordingly as UDIN has to be generated on the date of signature dates of Certificates / Report / Audit Reports although a 15 days window is there for exceptional circumstances.

Further, non-compliance of UDIN directive may attract Disciplinary Proceedings as per Clause 1 of Part II of Second Schedule of The Chartered Accountants Act, 1949.

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GST registration not mandatory in every state where only godowns are situated

The Applicant is trading in Non coking Coal in various states. The applicant is importing coal from various ports and also purchases from Indian dealers in various states. The applicant has sought advance ruling on whether it requires separate registration in each State where it imports and stores the coal in godowns?

The Authority for Advance Ruling, Maharashtra observed that the applicant is importing the goods from various ports in India under GSTIN of the Head Office located in Mumbai and after importing the goods, they are stored at godowns in various States. Entire transactions of sale and purchase of coal are done from Head office and all the invoices are raised from the Head Office with Mumbai GSTIN on which IGST is charged. Moreover, the place of supply shall be the location of importer and in this case, the place of supply is Mumbai from where the applicant makes taxable supply of goods.

The Authority for Advance ruling, Maharashtra held that since the coal is only stored in godowns in various States and all transactions are done from the Head Office in Mumbai, the applicant is not required to obtain separate registration in each State.

Refer: Gandhar Oil Refinery (India) Ltd., In re - [2019] 106 291 (AAR - MAHARASHTRA)
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Delay in Filing of TDS due to sudden Resignation of Accountant is ‘Sufficient Cause’: ITAT

The Income Tax Appellate Tribunal (ITAT), Kolkata bench has held that the delay in filing of TDS return because of the sudden resignation of the assessees accountant would constitute ‘sufficient cause’ for such default.

The income tax department has initiated proceedings against the assessee, a sole proprietor for delayed filing TDS return. The assessee claimed that he was in deep administrative trouble due to the sudden resignation of his accountant. It was also claimed that he was even not at all aware of the fact of non-filing of the TDS return for a considerable time. Only after the new accountant joins and visited NSDL for filing the 26Q for Quarter-3, he was alerted by the NSDL personnel about the lapses and the assessee forthwith filed the pending TDS returns.

Before the Tribunal, the assessee claimed that the late filing of TDS return was not intentional nor it can be viewed as deliberate defiance of law or arising from the conduct of gross negligence.

The Tribunal noted that in the present case, the assessee deducted the TDS and deposited the same.

The Tribunal said that “Even there was no failure to submit the return in Form 26Q. There was the only failure for its timely submission – which by all counts is a technical breach. Further, the delay had happened due to assessee’s ignorance about the lapses caused by his past accountant. The accountant left the job without notice. No list of the pending job was handed over. The new accountant and the assessee was not aware of the fact of non-filing of TDS return till they visited NSDL. And as soon as the same was noticed, returns for both the quarters were filed. Thus the delay had happened due ‘to circumstances beyond the knowledge/control of the assessee.”

“In view the facts and circumstances of the case as stated above and in view of the fact that the assessee had shown reasonable cause for his failure in complying with the provisions of section 200(3) of the Act, hence no penalty could be levied. The assessee had deducted and deposited the tax within the prescribed period and thereby made substantive compliance. The government revenue was not defrauded or deferred. The assessee did not have any motive to make any financial gain. Due to the sudden resignation of the accountant, the assessee could not trace his leftover jobs which include non-filing of TDS returns in Form 26Q for Quarter-1 & Quarter-2 for FY 2010-11. As soon the same was noticed, TDS both the returns were filed. The circumstance shows that the delay in filing the return was not intentional. The assessee was prevented by sufficient cause for making due compliance. Therefore, we note that assessee had shown ‘reasonable cause’ as referred under section 273B of the Act, hence we delete the penalty of Rs. 81,178/,” the Tribunal said.


ITA No.1890/Kol/2018 ,Assessment Year: 2011-12

Sudip Roy Choudhury Vs. JCIT(TDS), Range-59, Kolkata

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HEADLINES | INCOME TAX | TOP STORIES Defect in Notice would invalidate Penalty Proceedings: ITAT

The Jaipur bench of the Income Tax Appellate Tribunal (ITAT) has held that the defect in the notice issued by the income tax department would nullify the entire penalty proceedings against the assessee.

A survey under Section 133A of the Income Tax Act was conducted at the business premises of the assessee on 18/03/2008. During the course of survey operation, short stock of Rs. 7,77,010/- was detected on physical verification and after addition on account of perceived sale of short stock, a total addition of Rs. 2,61,930/- was made in the assessment.

The CIT(A) and thereafter the ITAT, Jaipur Bench in its order dated 08/02/2017 have confirmed the addition of Rs. 2,61,930/-. The A.O has levied penalty u/s 271(1)(c) of the Act on this amount.

The assessee contended that the penalty proceedings in the case of the assessee were specifically initiated for furnishing inaccurate particulars of income. However, while imposing the penalty, the AO has recorded the conclusion that assessee has concealed the income in addition to the furnishing of inaccurate particulars of income.

The Tribunal observed that “The sum and substance of above decision is that the nature of specification of charge by the A.O. at the stage of initiation of penalty proceedings at the time of issue of notice U/s 274 read with Section 271(1)(c) of the Act and at the time of passing the penalty order U/s 271(1)(c) should not be at variance. If there is any variance between the charge levied at the time of initiation of penalty proceedings and the charge levied at the time of imposition of penalty, the penalty order will be vitiated and the penalty cannot be sustained. However, if the charge is same then no fault can be found with regard to defect in the notice so as to hold that the penalty is not leviable.”


ITA No. 675/JP/2017, Assessment Year :2008-09
Shri Harish Chand Narang, Vs.A.C.I.T., Circle- Bharatpur. 
Prop. - M/s Gaurav Stone,
Murrki Tehsil Bayana, Distt. -

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Income Tax Department issues ₹64,700 Cr Refund in Current Fiscal, says FM Nirmala Sitharaman

There is a marked increase in the number of the income tax return filed through e-filing. The number of e-Returns submitted for Assessment Year 2018-19 is 6,49,39,586 as against 5,47,30,304 e-Returns filed for the Assessment Year 2017-18, thereby marking a remarkable increase of 18.65% over previous Assessment Year.

A total of 7.19 crore Income Tax Returns (ITRs) have been processed in the Financial Year 2018-19. The total amount of refund released in Financial Year 2018-19 is Rs. 1,61,457.6 Crore.

The Government has accorded high priority to issue refunds for all taxpayers including small taxpayers. Less than 0.5% of ITRs are selected for scrutiny, the majority of ITRs are processed expeditiously and refunds are issued. With greater adoption of information technology in processing of ITRs and emphasis on less intrusive verification, the time taken to process ITRs is constantly reducing. Refunds amounting to Rs. 64,700 crores have already been issued in this Financial Year till 18.06. 2019. The Government has made it mandatory from March, 2019 to issue income-tax refunds through ECS only, therefore, expediting direct credit of refunds to bank accounts. Further, all field authorities have been instructed to issue refunds up to Rs 5,000 without any adjustment against outstanding demand, if any.

The Government has initiated several measures to educate the taxpayers to e-file their ITRs. Outreach measures, including training in e-filing, conducting workshops and awareness programmes, are being undertaken by the Income Tax Department. Aayakar Seva Kendras (ASKs) have been established in all regional offices to address taxpayers’ concerns and guide them in e-filing their ITRs. The official website of the Income Tax Department offers step by step guidance on how to e-file the ITRs. The Government is also utilizing print media, audio and visual media as well as social media to educate people to file their ITRs through e-filing. Regular advertisements are placed in Newspapers and News Portals in internet each year during peak e-filing periods to educate and encourage taxpayers to submit their ITRs online. A total of 26.9 crore SMS and e-mails were sent to taxpayers in Financial Year 2018-19 reminding them for timely submission of ITRs and other important requirements.

Recently, in January, 2019, the Government has approved Integrated E-filing & Centralized Processing Centre (CPC) 2.0 Project of the Income Tax Department. The details of the CPC 2.0 Project are:

CPC 2.0 Project envisages pre-filling of ITRs by the Income-tax Department and its acceptance by the taxpayer so as to improve accuracy of information contained in the Return and drastically reduce the existing turnaround time taken in processing of Returns and issuance of refunds.

CPC 2.0 Project will process ITRs in a consistent, uniform, rule driven, identity blind manner. This would ensure fairness in tax treatment to all taxpayers irrespective of their status.(iii) The CPC 2.0 Project would significantly improve transparency and accountability of Income-tax Department as processing of returns and issuance of refunds would take place without any interface with the Department.

CPC 2.0 Project would adhere to international best practices and standards. It would keep the taxpayer informed by providing processing status update, speedy communication using mobile app, email, SMS and through website of the Income-tax Department.

CPC 2.0 Project envisages setting up of integrated contact centres for taxpayer’s assistance and undertaking outreach programs involving taxpayers and other stakeholders through digital media in an effective manner. Thus,

CPC 2.0 Project besides promoting the Government objective of promoting voluntary tax-compliance culture would also smoothen the process of e-filing and processing of ITRs and will also bring about a significant enhancement in services to the taxpayers.

This was stated by the Union Minister of Finance & Corporate Affairs, Nirmala Sitharaman in a written reply to a question in Lok Sabha today.

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