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
April 9,2020

Patna, Apr 9: In a horrifying incident, a migrant woman was sexually abused in a Gaya hospital where she was kept in an isolation ward. Three days later, she died due to excessive bleeding.

The matter came to light on Tuesday when her mother-in-law informed the authorities concerned about the shocking incident.

The 25-year-old victim had returned to Bihar’s Gaya district from Ludhiana (in Punjab) along with her husband on March 25. Before returning to her in-laws’ place, she had undergone abortion at Ludhiana just when she was two months pregnant.

On reaching Gaya, she complained of excessive bleeding. Her husband admitted her to Anugrah Narain Magadh Medical College and Hospital (ANMMCH) on March 27 where she was kept in the emergency ward.

Later, on April 1, on being suspected to be coronavirus patient, she was kept in an isolation ward. Her family members alleged that it was in this isolation ward where a doctor attending to her overnight outraged her modesty for two successive nights on April 2 and 3.

“The following day, she was discharged from the hospital after her coronavirus test report was found to be negative. However, after returning home, she remained aloof and struck by fear. On questioning, she revealed how a doctor had sexually abused her in the isolation ward. On April 6, she passed away due to excessive bleeding,” said her mother-in-law.

On receiving the information, the local police asked the mother-in-law to come to the hospital on Tuesday and identify the doctor (about whom the victim had given a description). However, the accused was not identified.

“Prima facie, the matter is serious. We are verifying the allegations. We will dig out the CCTV footage in the hospital and take strict action after identifying the culprit,” said Dr VK Prasad, the hospital superintendent.

Meanwhile, the Gaya police have arrested two people who posed as doctors and entered the isolation ward using doctors’ kits. One of the apprehended people works in a private.

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News Network
January 23,2020

Mumbai, Jan 23: Rashmi Sahijwala never expected to start working at the age of 59, let alone join India’s gig economy—now she is part of an army of housewives turning their homes into “cloud kitchens” to feed time-starved millennials.

Asia’s third-largest economy is battling a slowdown so sharp it is creating a drag on global growth, the International Monetary Fund said Monday, but there are some bright spots.

The gig economy, aided by cheap mobile data and abundant labour, has flourished in India, opening up new markets across the vast nation.

Although Indian women have long battled for access to education and employment opportunities, the biggest hurdle for many is convincing conservative families to let them leave home.

But new apps like Curryful, Homefoodi, and Nanighar are tapping the skills of housewives to slice, dice and prepare meals for hungry urbanites from the comfort of their homes.

The so-called cloud kitchens—restaurants that have no physical presence and a delivery-only model—are rising in popularity as there is a boom in food delivery apps such as Swiggy and Zomato.

“We want to be the Uber of home-cooked food,” said Ben Mathew, who launched Curryful in 2018, convinced that housewives were a huge untapped resource.

His company—which employs five people for the app’s daily operations—works with 52 women and three men, and the 31-year-old web entrepreneur hopes to get one million female chefs on-board by 2022.

“We usually train them in processes of sanitisation, cooking, prep time and packaging... and then launch them on the platform,” Mathew told news agency.

One of the first housewives to join Curryful in November 2018 shortly after its launch, Sahijwala was initially apprehensive, despite having four decades of experience in the kitchen.

But backed by her children, including her son who gave her regular feedback about her proposed dishes, she took the plunge.

Since then, she’s undergone a crash course in how to run a business, from creating weekly menus to buying supplies from wholesale markets to cut costs.

The learning curve was steep and Sahijwala switched from cooking everything from scratch to preparing curries and batters for breads in advance to save time and limit leftovers.

She even bought a massive freezer to store fruits and vegetables despite her husband’s reservations about the cost.

“I told him that I am a professional now,” she told news agency.

‘Internet restaurants’

Kallol Banerjee, co-founder of Rebel Foods which runs 301 cloud kitchens backing up 2,200 “internet restaurants”, was among the first entrepreneurs to embrace the concept in 2012.

“We could do more brands from one kitchen and cater to different customer requirements at multiple price points,” Banerjee told AFP.

The chefs buy the ingredients, supply the cookware and pay the utility bills.

The apps—which make their money through charging commission, such as more than 18 percent per order for Curryful—offer training and supply the chefs with containers and bags to pack the food in.

Curryful chef Chand Vyas, 55, spent years trying to set up a lunch delivery business but finally gave up after failing to compete with dabbawalas, Mumbai’s famously efficient food porters.

Today Vyas works seven hours a day, five days a week in her kitchen, serving up a bevy of Indian vegetarian staples, from street food favourites to lentils and rice according to the app’s weekly set menus.

“I don’t understand marketing or how to run a business but I know how to cook. So, the current partnership helps me focus on just that while Curryful takes care of the rest,” Vyas told AFP.

She pockets up to $150 (Rs 10,000 approx) a month after accounting for the commissions and costs, but hopes to earn more as the orders increase.

In contrast, a chef at a bricks-and-mortar restaurant takes home a monthly wage of between $300 (Rs 20,000 approx) and $1,000 (Rs 70,000) approx for working six days a week.

With India’s cloud kitchen sector expected to reach $1.05 billion by 2023, according to data platform Inc42, other companies are also keen to get a slice of the action.

Swiggy, for example, has invested 2.5 billion rupees ($35.3 million) in opening 1,000 cloud kitchens across the nation.

Back in her Mumbai kitchen, Sahijwala is elated to have embarked on a career at an age when her contemporaries are eyeing retirement.

Over the past year, she has seen her profit grow to $200 (Rs 15,000 approx) a month, but more importantly, she said, “My passion has finally found an outlet.

“I am just glad life has given me this chance.”

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News Network
June 21,2020

New Delhi, June 21: India today recorded the highest single-day spike in infections so far with 15,413 new cases reported in the last 24 hours. The total number of positive cases in India touched 4.11 lakh on Sunday.

As per the Ministry of Health data, the total number of coronavirus cases stands at 4,10,461 cases which include 1,69,451 active cases, 2,27,756 recovered/migrated cases, and 13,254 deaths as per the Ministry of Health data.

With 1,28,205 confirmed cases of COVID-19 so far, Maharashtra remains the worst-affected state in the country, followed by Tamil Nadu with 56,845 and Delhi 56,746. 

Delhi reported its highest single-day increase of 3,630 new coronavirus cases. With this, the state’s tally rose to 56,746. The toll rose to 2,112 with 77 deaths. As many as 7,725 people recovered, taking the total recoveries to 31,294.

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