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
July 23,2020

Ayodhya, Jul 23: All 32 accused in the Babri mosque demolition case should be invited to the "bhumi pujan" ceremony for the construction of the Ram temple here and honoured, a Hindutva outfit leader has said.

Hindu Dharma Sena president Santosh Dubey is one of the main accused in the case.

Dubey also insisted that the Shri Ram Janmabhoomi Teertha Kshetra Trust must also invite all the four Shankaracharyas to the ceremony planned on August 5.

Prime Minister Narendra Modi is also likely to attend the event.

"The office bearers of Ram Janmabhoomi Teerth Kshetra must ensure that along with all 32 accused in the Babri mosque demolition case, the families of the kar sevaks who gave their lives in the Ram Temple movement must also be invited to the 'bhumi pujan' ceremony and must be honoured there," Dubey told PTI.

The top court verdict in favour of the Ram temple at the site would not have been possible had the Babri mosque not been demolished, he said.

"If the Trust does not invite the kar sevaks, it will a display of ego and arrogance. Without inviting the kar sevaks who have been accused in Babri mosque demolition and the families of the slain kar sevaks, the 'bhumi pujan' will remain incomplete," Dubey added.

A special CBI court in Lucknow is recording the statements of the 32 Babri demolition accused under section 313 of the CrPC, which enables them to plead their innocence, if they so want.

The court is conducting day-to-day hearings to complete the trial by August 31 as directed by the Supreme Court.

The mosque in Ayodhya was demolished on December 6, 1992 by 'kar sevaks' who claimed that an ancient Ram temple had stood on the same site. Former deputy prime minister L K Advani and BJP leader Murli Manohar Joshi were leading the Ram temple movement at that time.

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News Network
March 27,2020

New Delhi, Mar 27: Prime Minister Narendra Modi on Friday described British premier Boris Johnson as a "fighter" and hoped he recovers from coronavirus infection.

"Dear PM @BorisJohnson, you're a fighter and you will overcome this challenge as well," Modi tweeted.

He said he prays for his good health and extends best wishes in ensuring a healthy UK.

Johnson said on Friday that he has tested positive for coronavirus after experiencing mild symptoms and is now self-isolating at 10 Downing Street in line with the medical advice.

"I am now self-isolating, but I will continue to lead the government's response via video-conference as we fight this virus," he said.

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Kannadiga
 - 
Friday, 27 Mar 2020

Fit for only bogus comments and not  for countrymens welfare. A present we all can see Kerala CMs action and program. Each and every one has to salute him i/o  Taal Bajao foolinesh.

 

 

 

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News Network
January 14,2020

Chennai/New Delhi, Jan 14: India's annual electricity demand in 2019 grew at its slowest pace in six years with December marking a fifth straight month of decline, government data showed, amid a broader economic slowdown that led to a drop in sales of everything from cars to cookies and also to factories cutting jobs.

Electricity demand is seen as an important indicator of industrial output in the country and a sustained decline could mean a further slowdown in the economy.

India's power demand grew at 1.1% in 2019, data from the Central Electricity Authority showed, the slowest pace of growth since a 1% uptick seen in 2013. The power demand growth slowdown in 2013 was preceded by three strong years of consumption growth of 8% or more.

In December, the country's power demand fell 0.5% from the year-earlier period, representing the fifth straight month of decline, compared with a 4.3% fall in November.

But in India's western states of Maharashtra and Gujarat, two of India's most industrialised provinces, monthly demand increased.

In October, power demand had fallen 13.2% from a year earlier, its steepest monthly decline in more than 12 years, as a slowdown in Asia's third-largest economy deepened.

Industry accounts for more than two-fifths of India's annual electricity consumption, while homes account for nearly a fourth and agriculture more than a sixth.

The slower demand growth is a blow for many debt-laden power producers, who are facing financial stress and are owed over $11 billion by state-run distribution companies.

India's overall economic growth slowed to 4.5% in the July-September quarter, government data released in November showed, the weakest pace since 2013 as consumer demand and private investment fell.

The government has estimated growth in the current financial year that runs through to March will be the slowest since the 2008 global crisis.

"This reflects overall economic slowdown, because if you look at other high frequency data like diesel consumption, everywhere you are seeing contraction," Rupa Rege Nitsure, chief economist at L&T Financial Holdings.

But India's central bank will not have much scope to cut rates to stimulate the economy because inflation has been rising sharply and reached 7.35% in December compared with 1.97% in January last year.

Economists say India's growth will continue to hover around 4.5% levels in the Oct-Dec quarter.

"In the Oct-Dec quarter as well growth (GDP) will be around the same level as July-September. My estimate for the full year is around 4.7% growth," Nitsure said.

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