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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News Network
January 9,2020

New Delhi, Jan 9: The Union government has removed the central security cover of Tamil Nadu Deputy Chief Minister O Paneerselvam and DMK leader M K Stalin, officials said on Thursday.

They said while Paneerselvam had a smaller 'Y+' cover of central paramilitary commandos, Stalin had a larger 'Z+' protection.

The security cover of these two politicians has been taken off from the central security list after a threat assessment review was made by central security agencies and approved by the Union home ministry, they said.

Central Reserve Police Force (CRPF) commandos were protecting these two leaders of Tamil Nadu.

However, they said, the central security cover will be formally taken off after the state police takes over their security task, they added.

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News Network
April 9,2020

New Delhi, Apr 9: Kerala opposition coalition United Democratic Front on Thursday submitted a roadmap to Prime Minister Narendra Modi for staggered lifting of ongoing lockdown due to COVID-19 pandemic.

The coalition led by leader of opposition Ramesh Chennithala has given a set of recommendations to Modi in this regard, which include those made by an expert committee headed by deputy leader of opposition M K Muneer.

The committee was set up to suggest measures to be taken by the government for smooth transition from lockdown to normalcy.

It listed an eight-point exit strategy for removing lockdown in a staggered approach at a district level, with emphasis on hotspots to avoid further spread of virus and ensure smooth restart of economy.

This approach is tuned to the unique needs of each district and all the districts should also be categorised as per their risk levels, the report said.

The report has also been submitted to chief ministers of all states, former prime minister Manmohan Singh, Congress president Sonia Gandhi, senior Congress leader Rahul Gandhi among others.

The committee recommended that COVID-19 rapid testing must be enhanced across the country and the testing target be widened to 500 tests per one lakh population.

"A step-by-step approach is necessary for each sector along with conditions that need to be considered for each sector," the report said.

"There is a need for a comprehensive economic stimulus package in addition to the ones already announced after considering all the industries," it added.

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News Network
June 29,2020

Kolkata, Jun 29: Sweet-loving Bengalis have something to cheer about in COVID-19 time as the West Bengal government decided to come out with a "sandesh" which will contain honey from Sundarbans and increase immunity, an official said on Sunday.

Cotton cheese made from cow milk will be mixed with pure honey from the Sunderbans to prepare the "Arogya Sandesh" which will also have extracts of tulsi leaves, an official of the Animal Resources Development Department said.

No artificial flavours would be added to the sweetmeat which will be available in the department's outlets in the city and neighbouring districts, he said.

The sandesh will boost the immune system as a whole but it is not a COVID-19 antidote, the official said.

Sunderbans Affairs Minister Manturam Pakhira said the honey for making Arogya Sandesh will be collected from beehives in places such as Pirkhali, Jharkhali and other parts of the Sunderbans and it will be stored in a scientific manner.

The sandesh is expected to hit the shelves in another two months and the pricing will be within the reach of the common man, the animal resources development department official said.

Earlier this month, a reputed sweetmeat chain of Kolkata came out with an "Immunity Sandesh" claiming that it contains various herbs and spices such as haldi (turmeric), tulsi, saffron, and cardamom and Himalayan honey, which will boost immunity to fight novel coronavirus.

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