17/08/2026
India and complicated tax laws…
You declared the income. You paid the tax. You filed on time. You just missed one schedule.
Under Section 43 of the Black Money Act, that is Rs. 10 lakh penalty. Per year of default. And it applies whether or not any tax was owed.
The Mumbai Tribunal upheld exactly this in Shobha Harish Thawani, where the taxpayer had declared income from her foreign assets but not reported the assets in Schedule FA for three assessment years. In Vinil Venugopal v. DDIT, Rs. 10 lakh per year was upheld even though the funds were remitted entirely through LRS.
From 16 August 2026, there is a route out. The Foreign Assets of Small Taxpayers Disclosure Scheme, 2026. Chapter IV, Sections 130 to 144 of the Finance Act 2026, read with the FAST-DS Rules 2026.
CATEGORY 2, the Rs. 1 lakh route. Applies where the asset outside India was already offered to tax, or was acquired while you were a non-resident, but was not declared in the relevant Schedule. Ceiling: aggregate asset value up to Rs. 5 crore. Payable: Rs. 1 lakh, flat.
CATEGORY 1, for foreign income or assets never offered to tax. Ceiling Rs. 1 crore. Payable at 30% tax plus an equal amount, so 60% of value. Against 12
0% plus prosecution under the Black Money Act.
Check your last few returns if you are: A returning NRI who became resident and ordinarily resident Holding RSUs, ESOPs or ESPP from a foreign parent Sitting on an old or dormant overseas account A signatory on an account held abroad.
Two things before you act.
The immunity covers the Black Money Act and the Income-tax Act. It does not cover FEMA.
And where your foreign movable assets total under Rs. 20 lakh, the relaxation to Section 43 effective 1 October 2024 may already put you outside penalty. Establish that before paying anything.
Valuation date 31 March 2026. Scheme Closes 31 December 2026.
Stay tuned for more on this series and keep following CA Vijaykumar Puri | Tax, Finance & Business Advisor to get the next part.