Money-laundering law: Rigorous jail, hefty fines await tax offenders

May 14, 2012

paisa

New Delhi, May 14: Tax evaders could be in for trouble as the government is mulling placing tax crimes on a par with money laundering offences that have severe criminal and financial implications.

India could bring income-tax offences under its anti-money laundering law, making way for easier prosecution, rigorous imprisonment, fines and shifting onus on the accused to prove he is not guilty.

"An inter-departmental group has been set up to examine the changes required," a senior finance ministry official told ET.

The group's recommendations could then be placed before Parliament and changes made to the Prevention of Money Laundering (amendment) Bill, 2011.

The offences will include concealment of income, failure to deposit tax deducted at source and false evidence.

These changes are consistent with a global plan drawn up by the Finance Action Task Force, an inter-governmental body to combat money laundering and terror financing, of which India is a member.

Many countries have already incorporated these offences in their money laundering laws even though the FATF adopted them as part of new standards in February this year.

If these offences become scheduled offences under the anti-money laundering law, they will attract rigorous imprisonment of three to seven years and a fine of up to 5 lakh. A proposed amendment to PMLA has suggested open-ended penalty, to be decided by courts, as opposed to a maximum of 5 lakh fine now.

The trial in these cases will be faster as offences under PMLA are tried in special courts and the onus to prove innocence lies on the accused.

Sunil Jain, partner with J Sagar Associates, feels these may act as a deterrent

"Tax authorities already have many tough options and not all of them are used so we do not need any more onerous provisions, particularly in the case of residents," he said.

The apex direct taxes body, the Central Board of Direct Taxes, had earlier written to the revenue department, the nodal department for PMLA, to bring some tax evasion offences under its ambit.

However, the suggestion made two years back was put on the back burner since there was no compulsion on India to bring them under the PMLA.

India, which became a member of the FATF in 2010, is obliged to make changes in its own anti-money laundering law now.

Under the current rules, the income tax department has to take law ministry's permission to initiate prosecution against tax evaders. The cumbersome procedure has meant that so far no evader has been put behind the bars although there is a provision for six months imprisonment and penalty on tax evasion.

The tax authorities prefer not to invoke these provisions as prosecution could take many years.

Significant changes have already been made through the Finance Bill, 2012, passed by the Lok Sabha on May 8 that will allow for easier prosecution.

India has submitted a detailed action plan that lists various short-term, medium-term and long-term measures required to conform to FATF standards and some of the amendments proposed in the PMLA Bill are in line with these commitments.

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Agencies
February 18,2020

Mumbai, Feb 18: A group of citizens on Tuesday demanded a thorough inquiry into the death of special CBI judge Brijgopal Harkishan Loya in 2014.

The group has written a letter to Maharashtra Chief Minister Uddhav Thackeray, seeking a time-bound probe into the death of Loya.

Loya, who was hearing the high-profile Sohrabuddin Sheikh fake encounter case of Gujarat, died of a cardiac arrest in Nagpur on December 1, 2014, when he had gone to attend the wedding of a colleague's daughter.

Social activist Ashok Pai, addressing a press conference on behalf of the group, also demanded proper compensation for the judge's family, saying he was on an "official" tour.

Pai said on Tuesday he met NCP president Sharad Pawar, whose party is a key constituent of the Maha Vikas Aghadi (MVA) government in Maharashtra, and raised these demands with him.

Pawar assured to look into the demands, he said at the press conference at the Mumbai Marathi Patrakar Sangh.

"We have handed over a letter to Maharashtra Assembly speaker Nana Patole and dispatched a copy of the letter to Chief Minister Uddhav Thackeray (seeking a probe into Loya's death)," Pai said.

As the matter relates to "mysterious" death of a sitting judge of the CBI, all facts about it must be made public after a detailed and time-bound probe, Pai said.

The Loya death case had reached the Supreme Court.

The Supreme Court had held that Loya had died of "natural causes" and had rejected PILs seeking an SIT probe into the death, questioning their motive.

The SC had held that petitions were moved by political rivals to settle scores which was a serious attempt to scandalise the judiciary and obstruct the course of justice through a "frontal attack" on its independence.

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Agencies
August 7,2020

New Delhi, Aug 7 : Congress leader Rahul Gandhi on Friday slammed the Central government as India crossed the 20 lakh COVID-19 positive cases.

Taking to Twitter, the Congress leader reiterated his earlier tweet, sent out on July 17, which stated "The 10,00,000-mark has been crossed.

With the rapid spread of COVID-19, by August 10, more than 20,00,000 will be infected in the country. 

The government must take concrete, planned steps to stop the epidemic."
"20 lakh-mark has been crossed, Modi government is missing," the Congress leader tweeted today.

The Union Health Ministry has said active cases as a percentage of total cases have seen a significant drop from 34.17 per cent on July 24 to 30.31 per cent.

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News Network
May 30,2020

May 30: A total of 513 domestic flights carrying 39,969 passengers were operated in India on Friday, Civil Aviation Minister Hardeep Singh Puri said on Saturday.

Domestic services resumed in India after a gap of two months due to the coronavirus lockdown. Indian carriers have operated a total of 1,827 flights till Thursday -- 428 on Monday, 445 on Tuesday, 460 on Wednesday and 494 on Thursday.

Puri said on Twitter on Saturday: "Day 5. 29th May till 2359 hrs. Departures 513. 39,969 passengers handled. Arrivals 512. 39,972 passengers handled." A departure is counted as a flight during the day.

During the pre-lockdown period, Indian airports handled around 3,000 daily domestic flights, aviation industry sources said.

In February, when the lockdown was not imposed, around 4.12 lakh passengers travelled daily through domestic flights in India, according to Directorate General of Civil Aviation (DGCA) data.

Airports in West Bengal, Andhra Pradesh, Maharashtra, Telangana and Tamil Nadu have been allowed to handle a restricted number of daily flights as these states do not want a huge influx of flyers amid the rising number of COVID-19 cases.

While domestic services resumed in Andhra Pradesh on Tuesday, they restarted in West Bengal on Thursday.

Though domestic flight operations across the country began on May 25, they could not be restarted in Kolkata and Bagdogra as the West Bengal machinery was involved in relief and restoration work after cyclone Amphan's devastation.

A total of 16 asymptomatic passengers on seven different flights, including 13 who travelled by IndiGo, have tested positive for COVID-19 since the resumption of domestic air services.

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