Blackmoney: Indian agencies get Swiss banks' data of hoarders

August 24, 2014

BlackmoneyNew Delhi, Aug 24: Tax investigators pursuing instances of blackmoney stashed abroad by Indians have finally been able to circumvent the Swiss secrecy code by asking over 100 such account holders to submit on their own details of personal balances in these banks, brought under the tax net recently, for lesser penal action for evasion.

The tax effect in these cases could be about Rs 50-80 crore, according to sources. Faced by non-cooperation from Switzerland owing to the alpine nation's "domestic legal barriers" and "treaty limitations", the Finance Ministry's probe wing under the Central Board of Direct Taxes (CBDT) confronted the people who were named in the secret list of at least two Swiss banks that was provided to them "through both official and unofficial channels" during the last financial year, the sources said here.

The CBDT later asked Income Tax department sleuths to pursue these suspect account holders with the bargain that they would be charged under tax evasion laws and not under the 'wilful tax evaders' category, thereby saving them from harsher penal action, if they approach their banks for details of their personal balances and submit them to Indian agencies.

Over 100 such account holders, according to an official note accessed by PTI, spread in cities like Delhi, Mumbai, Hyderabad, Chennai, Chandigarh and Banglaore among others agreed to the new mechanism which helped India crack some of the tough cases of black money and illicit funds stashed abroad.

"The tax effect in these cases could be about Rs 50-80 crore and this instance is one of the few where secret bank data of an Indian client was obtained despite strict secrecy laws of Swiss authorities in force in this regard," sources privy to the development said on condition of anonymity.

The particular report was also shared by the agencies with the Special Investigation Team (SIT) on black money which has now submitted these cases in a report format to the Supreme Court.

The Income Tax department, the note said, has begun prosecution action in these over 100 cases and they will be charged for evasion of taxes on this hidden income.

The taxman, simultaneously, has also initiated action to know the "source of income" of these entities so that any other instance of tax evasion linked to these accounts could be unearthed.

"While bank authorities in Switzerland did not extend help when the names of these account holders were sent to them under existing protocols of tax information exchange treaties, information was readily available when the account holder was himself or herself motivated to approach the bank to obtain his transactions history and balances," the sources said.

The Swiss government has been refusing to share details about the Indians named in the so called 'HSBC list', which was stolen by a bank employee and later found its way to tax authorities in various countries, including India.

There are similar instances with other banks too and successive Finance Ministers of the country have written to the Swiss government on concerns over this development.

Despite repeated requests from India, Switzerland has said its local laws prohibit administrative assistance in matters where information has been sourced illegally, including through stolen lists.

India is one of the 36 countries with which Switzerland has signed treaties to provide administrative assistance in tax matters in accordance with international protocols as mandated by the Paris-based global economic body, the Organisation for Economic Cooperation and Development (OECD).

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News Network
January 1,2020

Jan 1: Two army personnel were killed in a gunfight with heavily-armed Pakistani infiltrators along the Line of Control (LoC) in Jammu and Kashmir's Rajouri district on Wednesday, officials said.

The infiltrators were intercepted in the Khari Thrayat forest when they were trying to sneak into India from Pakistan-occupied Kashmir (PoK), they said.

"Two army soldiers martyred during cordon and search operation in Nowshera sector. The operation is still in progress and further details are awaited," Jammu-based Indian Army Public Relations Officer (PRO) Lt Col Devender Anand said in a statement.

The search operation was launched following information about the movement of suspected terrorists, the officials said.

The infiltrators opened fire on the troops and during a fierce gunfight, the two soldiers were killed, they said.

The officials said a massive operation is on in the area.

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News Network
June 23,2020

New Delhi, Jun 23: The meeting between Indian Army's 14 Corps Commander Lt Gen Harinder Singh and his Chinese counterpart got over after around 11 hours, sources said.

"Today's meeting between the Corps Commander-level officers of India and China is over. The meeting which started at 11:30 am went on for around 11 hours. More details awaited," sources said.

The meeting started at around 11:30 am at Moldo on the Chinese side of Line of Actual Control (LAC) opposite Chushul to defuse the tensions in Eastern Ladakh sector due to Chinese military build-up, the sources said.

This is the second meeting between the two corps commanders. They had met on June 6 and had agreed to disengage at multiple locations. India had asked the Chinese side to go back to pre-May 4 military positions along the LAC.

The Chinese side had not given any response to the Indian proposal and not even shown intent on the ground to withdraw troops from rear positions where they have amassed over 10,000 troops.

India is also likely to discuss the change in rules of engagement on the LAC where the forces have been empowered to use firearms in extraordinary circumstances, sources had said.

They said India will also ask China to honour the commitment given during June 6 talks to disengage in the Galwan valley completely and other places.

The build-up of Chinese air assets including strategic bombers by the PLA Air Force in fields near Indian territory close to Ladakh is also likely to figure in discussions.

India and China have been involved in talks to ease the ongoing border tensions since last month.

However, last week as many as 20 Indian soldiers lost their lives in the face-off in the Galwan Valley after an attempt by the Chinese troops to unilaterally change the status quo during the de-escalation in eastern Ladakh.

The Indian intercepts have revealed that the Chinese side suffered 43 casualties including dead and seriously injured in the violent clash.

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News Network
February 6,2020

Feb 6: India has been ranked 40th out of 53 countries on a global intellectual property index, even as the country has shown improvement in terms of scores when it comes to the protection of IP and copyright issues, a top American industry body said on Wednesday.

India was placed at 36th position among 50 countries in 2019.

India's score, however, increased from 36.04 per cent (16.22 out of 45) in 2019 to 38.46 per cent (19.23 out of 50) in 2020, a 2.42 per cent jump in an absolute score.

However, India's relative score increased by 6.71 per cent, according to the International IP Index released by Global Innovation Policy Center or GIPC of the US Chambers of Commerce.

This year, it finds itself on the 40th place among 53 countries. Two new Index economies (Greece and the Dominican Republic) scored ahead of India. The Philippines, and Ukraine leapfrogged India.

"Since the release of the 2016 National IPR Policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement," the GIPC said.

Since 2016, India has improved the speed of processing for patent and trademark applications, increased awareness of IP rights among Indian innovators and creators, and facilitated the registration and enforcement of those rights, it added.

According to the eighth edition of the annual report, India's score on the Chamber's International IP Index demonstrates the country's growing investment in IP-driven innovation and creativity. The Index specifically highlights a number of reforms over the last year that strengthen India's overall IP ecosystem, it said.

"In 2019, the Delhi High Court used dynamic injunctions to disable access to copyright-infringing content online, resulting in an increase in India's score on two of the copyright-related indicators," it said.

"The use of these injunctions places India alongside global leaders in copyright enforcement, including Singapore and the UK. As a result, India scores ahead of 24 other economies in the copyright indicators," the report said.

The Delhi High Court also issued a series of judgements that provide clarity on existing statutes related to trademark protection online, resulting in a score increase on one of the trademark-related indicators, it added.

The courts issued two precedential rulings that raised the bar for the damages awarded in IP-infringement cases and may provide a deterrent for future infringement. This resulted in an increase in score on one of the trademark-related indicators, it said.

Global Innovation Policy Center or GIPC said India also continues to score well in the Systemic Efficiency indicator, scoring ahead of 28 other economies in these indicators.

"This is a result of a concerted effort by the Indian government to consult with stakeholders during IP policy formation and create greater awareness about the importance of IP protection,” it said adding that India also remains a leader in the use of targeted incentives and IP assets for small and medium-sized enterprises (SMEs).

“To continue this upward trajectory, much work remains to be done to introduce transformative changes to India’s overall IP framework and take serious steps to consistently implement strong IP standards," the report said.

GIPC has identified several challenges for India. Prominent among them being patentability requirements, patent enforcement, compulsory licensing, patent opposition, regulatory data protection, transparency in reporting seizures by customs, and Singapore Treaty of Law of TMs and Patent Law Treaty.

"We are encouraged that Indian policymakers seem to recognize this Index as a valuable resource in their efforts to strengthen the country’s promising innovation ecosystem and enhance its competitiveness in an increasingly knowledge-based global economy,” the report said.

Observing that no other economy stands to gain more from strong Indian IP than India itself, the report said for example, no industry has been hurt more by copyright violations in India than the country’s own Bollywood industry, which loses almost USD3 billion to piracy each year.

"The number one way the Modi administration can demonstrate its commitment to the success of the Atal Innovation Mission, Accelerating Growth for New India’s Innovations, Make in India, Digital India, and Startup India is to strengthen its IP framework in ways that promote the legal and regulatory certainty necessary for greater R&D investment, high-value jobs, and greater innovative and creative outputs,” it said.

"Strong IP standards can further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, foreign businesses’ ability to invest and make in India, thereby supporting the growth of India’s own innovative and creative industries," the report said.

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