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
June 20,2020

Hyderabad, Jun 20: IAF Chief Air Chief Marshal RKS Bhadauria on Saturday said that the force is well prepared and suitably deployed to respond to any contingency and it will never let the sacrifice of the bravehearts of Galwan go in vain.

"It should be very clear that we are well prepared and suitably deployed to respond to any contingency. I assure the nation that we are determined to deliver and will never let the sacrifice of the braves of Galwan go in vain," IAF Chief Air Chief Marshal Bhadauria said here.

Bhadauria was speaking at the Combined Graduation Parade (CGP) at Air Force Academy in Hyderabad.

His remarks come days after 20 Indian soldiers lost their lives in the violent face-off on June 15-16 during an attempt by the Chinese troops to unilaterally change the status quo during the de-escalation in eastern Ladakh.

Speaking about the current border situation with China, he said: "We are aware of the situation, be it on LAC or beyond, be it their air deployments, their posture and kind of deployments. We've full analysis and we have taken necessary action that we need to take to handle any contingency that may come up."

"We are monitoring all the moments and we are aware of the full situation," he added.

He further said that in spite of the "unacceptable Chinese action" at Galwan Valley in eastern Ladakh, which claimed lives of 20 Indian Army personnel, efforts are underway to ensure that the current situation at the Line of Actual Control (LAC) is resolved peacefully.

He asserted that the IAF is determined to deliver and the development at the LAC in Ladakh is a small snapshot of what the force is required to handle at short notice.

The IAF Chief further appealed to people to join him in paying tribute Colonel Santosh Babu and his brave men who made the sacrifice while defending the LAC in Galwan valley.

"The gallant actions in a highly-challenging situation have demonstrated our resolve to protect India's sovereignty at any cost," the Indian Air Force (IAF) chief said.

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News Network
May 25,2020

Raipur, May 25: A union minister was caught on camera issuing threats to district administration officials in Chhattisgarh saying that she “knows how to take people to a room and beat them with belts"

Officials were taken aback when Renuka Singh, Minister of State for Tribal Affairs, delivered this dialogue during her visit to the quarantine centre at Balrampur, around 400 km from Chhattisgarh capital Raipur on Sunday.

Dilip Gupta, a resident of Balarampur district in Chhattisgarh, had accused the chief executive officer and tehsildar of the district panchayat of assaulting him in a quarantine centre in the area following a quarrel over shoddy facilities. Renuka Singh took cognizance of the matter and reached the quarantine centre to speak to Dilip Gupta.

The minister, on reaching the quarantine centre, received details of the incident from Gupta and his family and lashed out at the officials for "beating him up".

In a video, Renuka Singh is seen cautioning the officials to not think of BJP workers as "weak".

"Ye bhagwadhaari BJP ke karyakartao ko kamzor mat samajhna. Janpad me baithke aur aap tehsil me baith ke jo bhed-bhaav kar rahe hain BJP ke karyakartao ke sazth, bhool jaiye (Don't think of saffron-wearing BJP workers as weak. Forget the discrimination that you are showing towards BJP workers)," Renuka Singh said, lambasting the officials.

However, the minister did not stop there and went on to threaten the officials saying she knows how to 'thrash people with a belt'. 

"Andheri kothri me le jaa ke na main belt khol ke thokna jaanti hu bohot acche se (I very well know how to lock people in a dark room and thrash them with a belt)," Renuka Singh can be heard saying in a video from the incident.

Dilip Gupta, who was put under quarantine after he recently arrived from Delhi, had reportedly complained about the quality of food and basic facilities in the centre and had even uploaded a video on social media over the same after officials failed to address his issues.

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News Network
May 18,2020

New Delhi, May 18: With the highest-ever spike of 5,242 new cases in last 24 hours, the total number of positive COVID-19 cases in India reached 96,169 on Monday, according to the Ministry of Health and Family Welfare.

With 157 deaths reported in the last 24 hours, the death toll has risen to 3,029, as per the latest update by the ministry.

Out of the total number of cases, 36,824 have been cured/discharged/migrated.

This comes a day after the nationwide lockdown, imposed as a precautionary measure to contain the spread of COVID-19, was extended till May 31.

Maharashtra remains the worst-affected state due to the virus with 33,053 cases, including 1,198 deaths. It is followed by Gujarat (11,379), Tamil Nadu (11,224) and Delhi (10,054).

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