FAST DS Scheme 26

I have received SMS from IT system that they have info on foreign asset held by me and should avail the FAST DS 26 scheme. I had opened an account in ICBC Bank in China during a visit in 2018 with intent of doing some business but due to Covid I did not visit again and by now the account would have become dormant. It has a balance of around INR 3.14 lakhs including interest of around INR 1283 in 2 years CY 2022 & 2023 as per info on Compliance Section in IT portal. Given the proviso of no prosecution and penalty under Section 43 of BMA for Foreign Asset under INR 20lakh, can I exempt myself from submitting Form 1 in FAST DS scheme. Can I simply report the foreign asset and its interest income by filing ITR U for AY 2023-24, 2024-25, 2025-26 & 2026-27. Will it levy any penalties? I am trying to get bank statements from the Chinese bank which might be difficult given the acount would be dormant. FAST DS would imply INR 1.8 lakh fee. 

Replies (1)

You do not need to submit Form 1 under the FAST DS scheme or pay ₹1.8 Lakhs. Because your ICBC account balance (~₹3.14 Lakhs) is under the ₹20 Lakh threshold, the proviso to Section 43 of the Black Money Act exempts you from the ₹10 Lakh non-disclosure penalty. You can regularize the non-disclosure by filing ITR-U under Section 139(8A) for applicable Assessment Years to report the ₹1,283 interest and fill Schedule FA, followed by updating your status on the IT Compliance Portal.

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