Black money: SIT asks agencies to share data on ongoing case

June 29, 2014

New Delhi, Jun 29: The Special Investigation Team (SIT) on black money has sought details of all major cases of tax evasion and criminal financial fraud being probed by various investigative agencies which are mandated to keep a check on such instances.

Black moneySources said that the SIT headed by retired Supreme Court Justice M B Shah has asked the 11 departments on its panel to furnish fine details of these cases and the status of their probes, including any problems being faced by investigators in taking the cases forward for prosecution or penalty.

The member departments/agencies of SIT are the Department of Revenue (under the Ministry of Finance), RBI, Intelligence Bureau, Enforcement Directorate, CBI, Income Tax department, Narcotics Control Bureau, Directorate of Revenue Intelligence, Financial Intelligence Unit, Research and Analysis Wing and the Foreign Tax and Tax Research wing under the Central Board of Direct Taxes (CBDT).

The sources said the SIT has asked for the data in order to understand the trends and magnitude of the menace of black money and generation of illegal funds in the country, which is done through a variety of ways like evasion of taxes and duties, flouting of foreign exchange laws, creation of disproportionate assets, creation of 'benami' properties within the country and outside and laundering of wealth obtained through illegal and corrupt means.

The departments, they said, are in the process of submitting these details in the stipulated format to SIT and these will be taken up during the next meeting of the panel, expected to take place some time next month.

RBI has recently directed all banks and financial institutions to provide the information and documents sought by the high-profile panel.

The SIT, formed upon the directions of Supreme Court, had its first meeting earlier this month here at the North Block office of the Finance Ministry.

The high-level team has also decided to look into the contentious issue of secrecy clauses in India's tax treaties with Switzerland and other countries.

Retired apex court judge Arijit Pasayat is the Vice Chairman of the SIT while top officials of the 11 high-profile agencies and departments are its members.

After the first meeting of the SIT, the government had said the detailed modalities of proceeding further with the Supreme Court mandate were discussed and the road map decided.

The SIT's mandate, as notified, requires it to go into "all issues relating to matters concerning and arising from unaccounted monies of Hasan Ali Khan and Kashinath Tapariah".

Pune-based Khan, a stud farm owner, was arrested by Enforcement Directorate in connection with money laundering and tax evasion cases. Tapariah is his aide.

The other tasks of SIT include all investigations already started and pending or awaiting to be initiated with respect to any other known instances of the stashing away of unaccounted cash in foreign bank accounts by Indians or other entities operating in India.

The panel has also been empowered "to further investigate even where charge-sheets have been previously filed and SIT may register further cases and conduct appropriate investigations and initiate proceedings for the purpose of bringing back unaccounted monies unlawfully kept in bank accounts abroad."

The SIT will also keep the apex court informed about all major developments by filing periodic status reports in this regard, the government notification had said.

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News Network
February 21,2020

Pune/Mumbai, Feb 21: A BJP youth wing leader from Pune on Thursday submitted a complaint application to the police against AIMIM leader Waris Pathan for his controversial remarks made recently in Karnataka.

Pathan has claimed he has been quoted out of context.

Parismal Deshpande, a BJYM worker, submitted the written application at the Deccan Gymkhana police station, demading action against Pathan for allegedly promoting enmity between different groups and outraging religious feelings of a community.

Deshpande, in his complaint stated, that Pathan reportedly said "15 crore hai lekin 100 crore pe bhari hai' (We are 15 crore but we can dominate 100 crore).

"The statement by Pathan promotes violence and create a divide between two communities.

"Because of such statements, there are possibilities of atmosphere getting vitiated. Hence, he should be booked under IPC sections 153A (promoting enmity between different groups, 295A (outraging religious feelings), and 504 (provoking breach of the peace)," Deshpande said in the complaint.

An officer from the Deccan police station confirmed receiving the application.

Meanwhile, in Mumbai, the BJP slammed Pathan.

The saffron party on Thursday tweeted @BJP4Maharashtra saying, "Waris Pathan, who are you threatening to? Shiv Sena led government may tolerate your comments; but BJP and people of Maharashtra will teach you a lesson that your hate- mongering speeches will be shut."

However, Pathan has issued a statement to the media, saying he has been quoted out of context.

"I hereby wish to state that the media reports on TV channels showing my statement made in the public meeting at Gulbarga five days back have totally quoted me out of context," Pathan claimed on late Thursday evening.

"I wish to reiterate that I can never say anything intentionally or unintentionally that hurts the sentiments of any caste, community or gender. I am a proud Indian and respects the plurality of this country," he said.

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Agencies
July 21,2020

New Delhi, Jul 21: The Supreme Court has asked the Ministry of Finance to look into a plea which claimed a loss of hundreds of crore every day, as the public sector banks are not invoking personal guarantees of big corporates who have defaulted on loans.

A bench comprising Justice R. F. Nariman and Navin Sinha asked the petitioners, Saurabh Jain and Rahul Sharma, who filed the PIL, to move the Finance Ministry with a representation within two weeks. The top court observed that the issue is important and the ministry should respond after the petitioner has made the representation before it. The matter had come up for hearing on Monday.

"We are of the view that at page 115 of the Writ Petition it has been made clear that the Ministry of Finance itself has, by a Circular, directed personal guarantees issued by promoters/managerial personnel to be invoked. According to the petitioners, despite this Circular, Public Sector Undertakings continue not to invoke such guarantees resulting in huge loss not only to the public exchequer but also to the common man", said the bench in its order.

Senior advocate Manan Mishra and advocate Durga Dutt, represented the petitioners.

Mishra contended before the bench that the statistics establish the public sector banks incurred a loss of approximately Rs 1.85 lakh crore in a financial year, and the banks did not take action to invoke personal guarantees of the biggest corporate defaulters.

The bench observed that since the petitioners claim the public sector undertakings are not complying with this circular, "We think you should first go to the ministry," said the bench.

Mishra argued before the bench that the loans from a common man are recovered through a mechanism where officials go through even the minutest detail, but promoters, chairpersons and other senior level functionaries of the big corporates find it convenient to get away by defaulting on loans.

The bench told the petitioner's counsel that the Finance Ministry has already issued a notification on this matter, and the petitioners should seek response from the ministry, and then move the top court. Mishra submitted before the bench to issue a direction to the Finance Ministry to give a response on their representation.

The bench said, "We allow the petitioners, at this stage, to withdraw this Writ Petition and approach the Ministry of Finance with a representation in this behalf. The representation will be made within a period of two weeks from today. The Ministry of Finance is directed to reply to the said representation within a period of four weeks after receiving such representation. With these observations, the petition is allowed to be withdrawn to do the needful."

Mishra contended before the bench seeking liberty to come back after a reply from the Finance Ministry. Justice Nariman said this option is open for petitioners after a decision has been taken by the ministry. "We will hear you", added Justice Nariman.

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News Network
January 28,2020

Mumbai, Jan 28: Flag carrier Air India has kept one of its 423-seater jumbo planes ready in Mumbai for the evacuation of Indian citizens from Wuhan in China in the wake of the coronavirus outbreak in that country, an official source said on Tuesday.

The airline is awaiting necessary approvals from the ministries of external affairs and health to operate the special flight, the source said. The health ministry's nod is required because the operating crew has to fly in a virus outbreak territory.

"We have kept a Boeing 747-400 ready in Mumbai to operate an evacuation flight to China whenever we get a go ahead from the government," the source said.

Some 250 Indians are to be evacuated.

At a meeting of top secretaries called by the cabinet secretary on Monday, the government decided to be prepared for possible evacuation of Indian nationals in Wuhan.

Accordingly, Ministry of External Affairs will make a request to the Chinese authorities for evacuation of Indian nationals, mostly students, stuck in Wuhan city. The Ministry of Civil Aviation and Ministry of Health will make arrangements for transport and quarantine facilities respectively, an official release said on Monday.

Wuhan along 12 other cities have been completely sealed by the Chinese authorities to stop the virus from spreading. The death toll climbed to 80 with 2,744 confirmed cases.

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