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
March 19,2020

Mar 19: Amidst spiralling cases of COVID-19 in the country, Union Minister of State for Health and Family Welfare Ashwini Kumar Choubey on Thursday advocated "absorbing sunlight" as a possible precaution against coronavirus that has claimed over 8,000 lives globally.

Speaking to reporters outside parliament, Choubey said 10-15 minutes in the sun would build immunity as sunlight provides Vitamin D.

"From 11 am to 2 pm the sun is shining brightly. We should spend at least 10-15 minutes to absorb sunlight so that we get vitamin D which improves the immunity of our body and also kills such viruses. All should be aware of (this fact)," he said when asked about the spread of coronavirus.

COVID-19 cases in India climbed to 169 on Thursday after 18 fresh cases were reported from various parts of the country, according to the Union health ministry.

The cases include 25 foreign nationals -- 17 from Italy, 3 from the Philippines, two from the UK, one each belonging to Canada, Indonesia and Singapore.

The figure also includes three deaths reported from Delhi, Karnataka and Maharashtra so far.

According to the World Health Organisation, the novel coronavirus has killed over 8,000 people globally and infected more than two lakh.

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News Network
April 18,2020

New Delhi, Apr 18: With 957 new cases of COVID-19 in the last 24 hours and 36 deaths, India's total count of coronavirus cases has surged to 14,792, said the Union Ministry of Health and Family Welfare on Saturday.

The total cases are inclusive of 2,014 cured and discharged patients, one migrated and 488 deaths. At present, there are 12,289 active COVID-19 cases in the country.

Lav Aggarwal, Joint Secretary, Ministry of Health and Family Welfare said that mortality rate due to COVID-19 in our country is around 3.3 per cent.

"An age-wise analysis will tell you that 14.4 per cent of deaths have been reported in the age group of 0-45 years. Between 45-60 years it is 10.3 percent, between 60-75 years it is 33.1 percent and for 75 years, and above it is 42.2 percent," Aggarwal said at a press conference here.

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News Network
March 28,2020

Amaravati, Mar 28: The state governments of Andhra Pradesh and Karnataka carried out a joint quarantine operation to help over a thousand migrant labourers from various districts of Andhra Pradesh.
The Andhra Pradesh administration received the information that 1,334 migrant labourers were trying to return to the state after obtaining passes from the Deputy Director of Fisheries in Mangalore, Karnataka.
The labourers, according to a press release by the Andhra Pradesh government, were headed towards the Nangili Toll Plaza in Kolar district, from where they would enter the state to return to their native places.
"The Chittoor Collector, Superintendent of Police and Sub-Collector rushed to the spot to coordinate with their counterparts from Kolar, Karnataka. The migrant workers were not permitted to enter AP due to the lockdown and the guidelines of the Union as well as state government," according to the release.
Instead, both the governments decided to initiate a joint quarantine operation in Kolar while taking precautionary measures to ensure that none of the labourers are carriers of the COVID-19 infection.
The Andhra government also reassured the Kolar administration that it will provide doctors, healthcare and all other facilities. It has also issued directions for logistical support, food, water, transport to take the labourers to quarantine facility, and medical team, consisting of 12 doctors, 22 supervisors and other staff, to be provided.
While the Prime Minister had imposed a nationwide lockdown, including the suspension of inter-state travel to prevent the spread of coronavirus, migrant workers and labourers around the country have started returning back to their native places fearing joblessness and cash crunch.
Andhra Pradesh as of Saturday 9:30 am, had 14 confirmed cases of coronavirus while Karnataka's count stood at 55, according to the Ministry of Health and Family Welfare.

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