Income Tax Notices Hit Insurers' Intermediaries for Alleged Fund Routing Violations Under Benami Law



Quick Summary
Insurance intermediaries and agents are now receiving notices under the Benami Transactions Act, following previous investigations by income and service tax authorities. These notices are investigating suspicions that intermediaries were used to channel inflated commissions from insurance companies to agents, potentially circumventing regulatory limits. This new development adds a layer of complexity to ongoing probes into commission payments, which occurred before new IRDAI regulations came into effect.

In a new twist, insurers and their agents are now grappling with notices under the Benami Transactions (Prohibition) Amendment Act, 2016, following last years run-ins with income and service tax authorities. Some marketing intermediaries and agents of insurance companies have reportedly received not
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FAQ :

The Benami Transactions (Prohibition) Amendment Act, 2016, is a law that prohibits benami deals, where property or assets are transferred to a person who is not the true beneficial owner.

Intermediaries are receiving notices as the Income Tax department investigates potential benami transactions, suspecting they were used to channel inflated commissions from insurance companies to agents, bypassing regulatory caps.

The allegations suggest that intermediaries acted as go-betweens, facilitating additional, potentially inflated, payments to agents that circumvented the commission limits set by insurance regulations.

The disputed deals were executed before March 26, 2023, which was before the Insurance Regulatory and Development Authority of India (IRDAI) introduced its updated regulations on commission payments.

Previously, the industry faced scrutiny from the Income Tax department regarding the deduction of 'surplus or illegal' commissions, and the Goods and Services Tax (GST) office probed input credit claims, with an uncovered evasion of over Rs 15,000 crore.




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Finance news reporter covering taxation, GST, income tax, business compliance, and economy updates. I simplify complex financial topics into easy-to-understand articles for professionals, taxpayers, and business owners on leading finance and tax platforms.

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