Black money: Centre reveals 8 more names to Supreme Court

October 28, 2014

New Delhi, Oct 28: The government on Monday disclosed in the Supreme Court eight more names against whom it has initiated prosecution under the Income Tax Act for allegedly stashing black money in foreign banks.

Black moneyThose who have been named are: Dabur India promoter Pradip Burman, bullion trader Pankaj Chamanlal Lodhiya, Goa mining company Timblo Private Ltd and five of its directors — Radha Satish Timblo, Chetan S Timblo, Rohan S Timblo, Anna C Timblo and Mallika R Timblo. The names were received from French authorities and other countries.

Promising to disclose more names in future, the government said in its affidavit that it was “keen to unearth black money held abroad” and it would “use all diplomatic and legal means and also all investigating agencies to obtain information that could assist in such unearthing.”

Stating that it had “absolutely no intention” of withholding such information, the government said it, however, wanted “certain clarification” to enable it to enter into and further honour its agreements with other countries.

While the Supreme Court, in its 2011 order, had directed complete disclosure of information on people who have black money abroad, the government today made it clear that it was open to disclosing information received under tax treaties only “after following the due process of law, in all cases where evasion of tax is established.” It said information would become public only after “investigations are complete and a complaint/ prosecution is filed in a competent court.”

Further, the government said no names could be disclosed even in a proceeding instituted through a PIL “unless there is prima facie evidence of wrongdoing”.

The affidavit also said that every account held by an Indian in a foreign bank may not be illegal and the fundamental right to privacy under Article 21 could not be ignored. Citing the treaties and agreements that compelled it to reveal information only for tax purposes, it said the government ought to follow the procedures prescribed in the legal instruments through which such information had been received.

“Thus, a clarification is essential which will enable the Government of India to give a commitment to our current and prospective treaty partners that the information received will be used only for tax purposes and such other purposes as permitted in terms of the applicable treaty and can be disclosed in public court proceedings only after a complaint/ prosecution for tax evasion is filed,” it said.

The government told the court the choice was “either not to receive information at all or receive it and use it as per international standards of confidentiality.” The development comes a day before the government is set to defend its fresh argument that sovereign treaties constrain it from revealing details of people being probed for stashing black money in foreign banks.

Earlier in the day, Attorney General Mukul Rohatgi obtained Chief Justice of India H L Dattu’s permission for filing the additional affidavit, which came across more like a justification of the government’s application filed on October 16, besides being an attempt to negate the opinion that it was against disclosure of information in the matter.

In a repeat of the line taken by the previous UPA government, the application had invoked arguments on “diplomatic relations, international commitments and confidentiality clauses” to urge the Supreme Court to modify its 2011 order. It had also questioned the court’s authority to issue orders with ramifications on the government’s power to enter into agreements with foreign governments.

In its latest affidavit, the government said the Swiss government had indicated its willingness to provide information on “stolen data” containing names of Indians who have allegedly stashed black money in banks there. It said the development was significant since it had earlier refused to provide the information. In April this year, the then UPA government had revealed to the court the names of 18 persons facing prosecution for allegedly stashing black money in Germany’s LST bank.

The court had then asked the government to disclose the names of eight other individuals who had been probed in the matter but against whom no evidence of tax evasion was found. The government’s affidavit said such a disclosure did not appear to be in consonance with the principle that disclosure should follow establishment of a prima facie case of tax evasion.

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News Network
June 8,2020

New Delhi, Jun 8: Delhi Chief Minister Arvind Kejriwal has announced that malls, restaurants and religious places in the national capital would open from Monday after more than two months since the coronavirus-induced lockdown was imposed, but banquet halls and hotels would remain closed.

At an online briefing on Sunday, Kejriwal said hotels and banquet halls might be converted into hospitals in the coming days to treat coronavirus patients and therefore, they would remain shut.

"Malls, restaurants and religious places will be opening from Monday in Delhi in accordance with the Centre's guidelines," he said.

The city government will comply with the instructions of the Centre and its experts like maintaining social distancing and wearing of masks at these places, Kejriwal said.

"In view of the rising number of coronavirus cases, we might attach hotels and banquet halls with hospitals and convert them into hospitals. Hotels and banquet halls will not be opened for now," he said.

The Centre had said on May 30 that "Unlock-1" would be initiated in the country from June 8 and the lockdown would be relaxed to a great extent.

The Delhi government also issued an order allowing opening of restaurants, shopping malls and places of worship except in the COVID-19 containment zones, "subject to compliance with the Standard Operating Procedure (SOP) issued by the Ministry of Health and Family Welfare".

Kejriwal urged the elderly people, who are at a higher risk of contracting the coronavirus, to confine themselves in a room and not to interact with even the family members in order to protect themselves.

Delhi has so far registered over 27,500 coronavirus cases, including 761 deaths.

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Agencies
May 31,2020

New Delhi, May 31: The income tax department has notified forms for filing income tax returns for the financial year 2019-20.

The Central Board of Direct Taxes (CBDT) has notified Sahaj (ITR-1), Form ITR-2, Form ITR-3, Form Sugam (ITR-4), Form ITR-5, Form ITR-6, Form ITR-7 and Form ITR-V for the assessment year 2020-21.

The department has revised the I-T return forms for the financial year 2019-20 to allow assessees to avail benefits of various timeline extension granted by the government following the COVID-19 outbreak.

The government has extended various timelines under the Income Tax Act, 1961, through the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020.

Accordingly, the time for making investment or payments for claiming deduction under Chapter-VIA-B of IT Act that include Section 80C (LIC, PPF, NSC etc.), 80D (Mediclaim) and 80G (Donations) for the financial year 2019-20 had been extended to June 30, 2020.

ClearTax founder and CEO Archit Gupta said, "The new forms require a separate table to disclose tax saving investment made in the first quarter of 2020 for availing them in FY 2019-20. Taxpayers must assess their tax liability for FY 2019-20 and make sure they are maximising their Section 80C benefits if not already done so."

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News Network
July 11,2020

Kochi, Jul 11: Johnny Paul Pierce's five-month stay in Kerala has been a soul-soothing experience for 74-year-old US citizen. He now wants to spend the rest of his life here.

"Kerala is a beautiful place to live in. This is my fifth trip here. I usually stay here for six months. It is such a magical place to be and I want to share that with people from the US," Pierce told ANI.

He came to India on February 26 on a tourist visa and is staying at Kandanadu in Kochi.

According to Pierce's Advocate, his tourist visa is valid up to January 26, 2025. But on this visa, he can only stay consecutively for 180 days.

The guidelines of the Indian government permit continuous stay for only 180 days for foreigners on tourist visas. His 180 days were set to expire on August 24, which the Foreigner Regional Registration Office (FRRO) extended to August 30.

The US citizen has approached the Kerala High Court seeking to convert his tourist visa into a business visa. The petition will be considered next week.

Pierce has sought a directive to the government to permit him to apply for the conversion of his tourist visa into a business visa and also to extend his stay, without having to leave the country.

"I am making a petition for an extra 180 days to stay. And I would also like to get a business visa in order to begin a tour company to bring people from the US to Kerala after the coronavirus. I wish my family could also come here. I am very impressed with what's is happening here. People in the US don't care about COVID-19," he said.

He talked about the risk of going back to his home country saying, "There are only 27 deaths in Kerala and in the US there over 1.3 lakh deaths. I do not want to go back to the US. I am 74 years old and I am at risk. This is a very safe place for me. I hope India embraces and allows me to stay."

"There's chaos in the US due to COVID-19 and government is not taking care like India. I want to stay here," he added.

Pierce further talked about his future plans, saying that if he is allowed to stay, he would like to lease a small resort and make a retirement community, which will be a COVID free zone.

Lastly, he made an appeal to the Indian government to let him stay in India saying that "all the immigration rules were made before COVID-19."

"There should be special consideration for people like me," he added.

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