Blackmoney: Swiss banks seek fresh undertakings from Indians

March 29, 2015

New Delhi, Mar 29: Seeking to come clean on illicit funds amid intense government pressure, Swiss banks have asked their Indian clients to provide fresh undertakings to ensure that untaxed money is not stashed in their accounts.

swishSwiss banks, long perceived to be safe havens for parking unaccounted funds, have also started asking for auditor certificates from high net worth individuals and corporate clients to vouch for the "clean status" of their money.

The latest development comes at a time when India is aggressively making efforts to bring back illicit money parked by its citizens overseas and Switzerland has also agreed to co-operate on the issue.

Sources said that Swiss banks are asking their Indian customers to provide fresh undertakings that all taxes have been paid on funds deposited by them in these accounts.

According to them, banks are also asking both corporate and individual clients to furnish auditor certificates certifying "clean status" of funds, assets and income related to their accounts.

Such directives are believed to have been issued to high networth individuals, wealth management and portfolio management clients, they added.

Queries sent to banking majors, including HSBC and Credit Suisse, related to the issue, did not elicit immediate response.

Indian authorities are already pursuing cases related to its citizens who had kept unaccounted funds in HSBC Switzerland, after receiving a list of names from the French government few years back.

According to sources, HSBC has been asked by Indian authorities to show cause why action should not be initiated against it in case of non-cooperation with regard to "suspected tax evaders and offenders of tax crimes".

Besides, HSBC has come under regulatory cross hairs in multiple jurisdictions including India, following an expose that revealed thousands of entities allegedly parked their illicit funds at its Swiss branch.

To curb the blackmoney menace, a Supreme Court constituted special investigation team is probing various cases while the government would soon be coming out with a stringent that provides for hefty penalties as well as imprisonment for stashing away unaccounted money.

Recently, Finance Minister Arun Jaitley had said that all efforts are being made to bring to book those who have been named in the HSBC bank list of black money holders and there are evidence against them.

There were as many as 628 names in the HSBC list. "We have in this process found that the total income which is evaded is to the extent of Rs 3,250 crore for which there is a tax impact. That assessment has been completed," Jaitley had said about the HSBC list.

"In more than 200 of those cases, assessment have been completed, demands have been placed on them. In some cases recovery have been made... Additionally, in about 77 of those cases, criminal prosecution have already been finalised. The details of each one of them are with us," Jaitley had told the Rajya Sabha this month.

Meanwhile, the Swiss government is slowly moving towards automatic exchange of tax information with various jurisdictions, including India.

Earlier this month, Swiss government said talks on automatic exchange of tax information with India would begin at the "earliest" once the domestic procedures are in place.

Citing discussions between officials of both sides last October, a Swiss Federal Department of Finance spokesperson had said talks on automatic exchange of tax information would start at the earliest once the domestic procedures are completed in Switzerland.

Last year, Indian and Swiss officials held high level deliberations on boosting co-operation with regard to the black money problem.

"Switzerland took note of the interest expressed by India and it was agreed between Revenue Secretary Shaktikanta Das and State Secretary Jacques de Watteville that talks will commence at the earliest after completion of Swiss domestic procedures regarding the approval of the legal foundations for automatic exchange of information," the official had said.

The government's proposed legislation to curb blackmoney problem provides for prosecute those stashing illicit wealth abroad with 10 year rigorous imprisonment, among other provisions.

'The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015,' proposing that it would come into effect from April 1, 2016.

According to the government, the legislation would provide a one-time compliance opportunity for a limited period to persons who have any undisclosed foreign assets which have hitherto not been disclosed for the purposes of income-tax.

Such persons may file a declaration before the specified tax authority within a specified period, followed by payment of tax at the rate of 30 per cent and an equal amount by way of penalty.

Outside this window, a tax would be levied at a flat rate of 30 per cent, while the penalty would be 90 per cent of the undisclosed income.

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News Network
March 26,2020

New Delhi, Mar 26: Finance Minister Nirmala Sitharaman on Thursday announced a Rs 50 lakh insurance cover for healthcare workers who are at the forefront of dealing with coronavirus pandemic.

Sitharaman said the government has finalised an economic stimulus package to deal with the impact of 21-day countrywide lockdown to prevent spread of the virus.

“It’s only 36 hours since the lockdown has been imposed. Now we have come with a package which immediately take care of the welfare concerns of the poor and suffering workers and those who need immediate help,” Sitharaman said.

She also said that 80 crore poor people, nearly two thirds of the population  will get five kg of rice or wheat per month for three months, in addition to the 5 kg they already receive, for free."

The rationcard holders can take the foodgrains and pulses from the Public Distribution System (PDS) in two installments, she added.

"This measure will ensure no gareeb (poor) remains hungry," Sitharaman said.

The package will include cash transfer and food subsidy, she said.

"Farmers who currently receive Rs 6,000 annually, will be given the first installment of the next financial year immediately. 8.7 crore farmers will benefit from it," said Sitharaman.

As many of 20.5 crore women Jan Dhan Account holders will get Rs 500 per month for next three months to run their households.

For poor senior citizens, widow and disabled will get an ex-gratia of Rs 1,000.

Also, the daily wage under MNREGA has been increased to Rs 202 a day from Rs 182 to benefit 5 crore workers.

The minister said the government will front-load Rs 2,000 payment to farmers in the first week of April under the existing PM Kishan Yojana to benefit 8.69 crore farmers.

Also, the beneficiaries of Ujjwala LPG scheme will get free cooking gas for the next three months, she said.

This forms part of the Rs 1.70 lakh crore Gramin Kalyan Package.

Prime Minister Narendra Modi last week had constituted a task force headed by the Finance Minister to work out package for economy hit by coronavirus.

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coastaldigest.com web desk
July 20,2020

Jaipur, Jul 20: In a startling revelation, Rajasthan Congress MLA Giriraj Singh Malinga has claimed that rebel leader Sachin Pilot offered him Rs 35 crore to switch to the BJP but he refused. 

Speaking to the media in Rajasthan capital Jaipur, Malinga, who represents Bari constituency, said he had informed Chief Minister Ashok Gehlot about Pilot’s “offer”.

“I, too, had offers but I refused. I had spoken to Sachin ji, he asked me to switch sides and I refused. This is a wrong thing, I will not do it for money,” Malinga said.

“I said that when we left Bahujan (BSP, in 2008), where one has to give money to get a ticket, whereas in Congress and BJP, that is not the system. I was offered a lot of money. Sachin Pilot had said money is not an issue, you ask what you want and you will get… Rs 35 crore or more, but I said it is wrong,” he added.

Malinga said he had had the conversation with Pilot 2-3 times, first in December during the panchayat delimitation, and later before the Rajya Sabha elections last month.

He added that the BJP had never reached out to him, and neither had he spoken to them. “I have no animosity with Pilot but I am speaking the truth,” he said.

The state plunged into a political crisis after former deputy chief minister Sachin Pilot declared rebellion on 12 July, claiming to have the support of 30 MLAs. By the next day, however, he could not prove the support of more than 18 legislators.

On 14 July, 19 MLAs, including Pilot, were served notices by Speaker C.P. Joshi, who asked them to respond by Friday after a petition filed by the chief whip of Congress sought their disqualification from the state assembly. The party also sacked Pilot and two Rajasthan cabinet ministers from their respective posts the same day.

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News Network
August 6,2020

New Delhi Aug 6: In a new twist in the Vijay Mallya case, a certain document connected with the case in the Supreme Court has gone missing from the apex court files. 

A bench comprising Justices U.U. Lalit and Ashok Bhushan adjourned the hearing to August 20.

It was hearing the review plea filed by Mallya against a July 14, 2017 judgment wherein he was found guilty of contempt for not paying Rs 9,000 crore dues to banks despite repeated directions, although he had transferred $40 million to his children.

The bench was looking for a reply on an intervention application, which it seemed has gone missing from the case papers.Parties involved in the case sought more time to file fresh copies.

On June 19, the Supreme Court sought explanation from its registry regarding Mallya's appeal against the May 2017 conviction in the contempt case for not repaying Rs 9,000 crore dues to banks not listed for the last 3 years.

A bench comprising Justices Lalit and Bhushan had asked the Registry to furnish all the details including names of the officials who had dealt with the file concerning the Review Petition for last three years.

The bench said according to the record, placed before it, the review petition was not listed before the court for last three years. "Before we deal with the submissions raised in the Review Petition, we direct the Registry to explain why the Review Petition was not listed before the concerned Court for last three years," said the bench.In May 2017, the apex court held him guilty of contempt of court for transferring $40 million to his children, and ordered him to appear on July 10 to argue on the quantum of punishment.

The bench said let the explanation be furnished within two weeks. "The Review Petition shall, thereafter, be considered on merits," it added.In 2017, the apex court passed the order on a contempt petition against Mallya by a consortium of banks led by the SBI. 

The banks claimed Mallya transferred $40 million from Daigeo to his children's accounts, and did not use this money to clear his debt. Banks cited this as violation of judicial orders.

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