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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Agencies
February 5,2020

New Delhi, Feb 5: Over five crore farmers were yet to get the third instalment of money under the Centre's ambitious PM-Kisan scheme, aimed at providing direct support of Rs 6,000 annually to them, according to the latest Ministry of Agriculture and Farmers' Welfare data.

The total amount of the scheme, which came into effect on December 1, 2018, is to be paid in three equal instalments of Rs 2,000 every four months.

The data showed about 2.51 crore farmers have not got even the second instalment and 5.16 crore of them were yet to get the third instalment.

Over 9 crore farmers have registered themselves under the scheme between December 2018 and November 2019, it said.

Of these, 7.62 crore or 84 per cent of farmers have received the first instalment.

The money through the second instalment was given to nearly 6.5 crore farmers and the amount under the third instalment was given to 3.85 crore beneficiaries, according to the data received in response to an RTI query filed by this PTI journalist.

The agriculture ministry, in its response, gave three sets of data mentioning the benefits given to farmers under the scheme between December 2018 and November 2019.

It said 4.74 crore farmers were registered between December 2018 and March 2019.

Of them, 4.22 crore received the first instalment, 4.02 crore the second and 3.85 crore the third.

There was no mention why nearly 50 lakh, 70 lakh and 90 lakh registered farmers during this period did not get the first, second and third instalment respectively.

There was no registered beneficiary in West Bengal and Sikkim, hence no amount was disbursed during this period, according to the data.

Giving details of the 3.08 crore farmers registered between April and July last year, it said 2.66 crore and 2.47 crore beneficiaries have got their first and second instalments respectively.

The RTI reply did no mention why around 40 lakh and 61 lakh registered farmers during this period did not get their first and second instalment respectively.

"The beneficiaries are eligible for the instalment for the period in which he/she gets registered and subsequent periods, thereafter. Therefore, the third instalment is not due for the beneficiaries registered in the period April 2019-July 2019," the ministry said.

There was no registered beneficiary during this period in West Bengal, Punjab and Chandigarh and therefore nobody was paid first and second instalments.

The ministry said around 1.19 crore beneficiaries were registered between August and November 30, 2019, of these nearly 73.66 lakh farmers have been given the first instalment.

There was no mention of payment of first instalment to over 45 lakh eligible beneficiaries during the period.

"The beneficiaries are eligible for the instalment for the period in which he/she gets registered and subsequent periods, thereafter. Therefore, the second and third instalments are not due for the beneficiaries registered in the period August 2019 to November 2019," it said.

The ministry was asked to provide the total number of farmers, state-wise, and the amount received by them under the Pradhan Mantri Kisan Samman Nidhi or PM-Kisan scheme.

"PM-Kisan Samman Nidhi scheme has been implemented from December 1, 2018. It is stated that PM-Kisan is a continuous and ongoing scheme, in which the financial benefits are transferred to the bank accounts of the identified beneficiaries as and when their correct and verified data is uploaded by the concerned states/union territories on PM-Kisan web portal," the ministry said in the RTI response vide its letter dated December 26, 2019.

The data of beneficiaries so uploaded by them undergoes a multi-level verification, including by banks, and only then the amount is released to the beneficiary, it said, adding that www.pmkisan.gov.in website can be accessed to get more details on the operational guidelines of the scheme.

According to the data updated on the website on February 3, around 8.82 crore farmers have been registered and 8.41 crore have received the first installment, 7.56 crore the second instalment, 6.19 crore the third and 3.03 crore have received the fourth installment.

In Assam, out of 16.97 lakh farmers registered during this period, 14.02 lakh got the first instalment, 13.72 lakh received the second and 9.87 lakh the third.

Of the 42.34 lakh registered beneficiaries in Maharashtra, 36.98 lakh got the first instalment, 31.53 lakh the second and 27.67 lakh got the third instalment.

As many as 23.83 lakh farmers in Kerala received their first instalment, 18.79 lakh got the second and 18.43 lakh the third. A total of 26.13 lakh beneficiaries were registered in the state between December 2018 and March 2019.

There was no beneficiary registered during the period from West Bengal, which has refused to implement the scheme, according to the ministry's response.

In Uttar Pradesh, nearly 9.57 lakh out of 19.64 lakh farmers have got the first instalment. In Gujarat, nearly 1.22 lakh out of 1.98 lakh registered farmers got the first instalment.

Around 9.78 lakh farmers out of the 17.18 lakh registered beneficiaries have received the first instalment in Madhya Pradesh. In Odisha, only 5,507 farmers out of 5.6 lakh registered farmers have got the first instalment, the ministry said.

None of the 7,326 farmers registered in Sikkim was paid the first instalment, according to the ministry's reply. In Delhi, 1,447 farmers out of 1,734 have got the first instalment.

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News Network
July 18,2020

Washington, Jul 18: The government of India has agreed to allow US air carriers to resume passenger services in the US-India market starting July 23, the US Transportation Department said on Friday.

The Indian government, citing the coronavirus, had banned all scheduled services, prompting the US Transportation Department in June to accuse India of engaging in "unfair and discriminatory practices" on charter air carriers serving India.

The Transportation Department said it was withdrawing an order it had issued requiring Indian air carriers to apply for authorization prior to conducting charter flights, and said it had approved an Air India application for passenger charter flights between the United States and India.

A group representing major US airlines and the Indian Embassy in Washington did not immediately comment on Friday.

India's Ministry of Civil Aviation said on Twitter it was moving to "further expand our international civil aviation operations" and arrangements from some flights "with US, UAE, France & Germany are being put in place while similar arrangements are also being worked out with several other countries."

"Under this arrangement," it added, "airlines from the concerned countries will be able to operate flights from & to India along with Indian carriers."

The US Transportation Department order was set to take effect next week. The Trump administration said in June it wanted "to restore a level playing field for US airlines" under the US-India Air Transport Agreement. The Indian government had banned all scheduled services and failed to approve US carriers for charter operations, it added.

The US government said in June that Air India had been operating "repatriation" charter flights between India and the United States in both directions since May 7.

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News Network
January 27,2020

Thiruvananthapuram, Jan 27: Kerala Chief Minister Pinarayi Vijayan on Monday urged Prime Minister Narendra Modi to arrange for airlifting the Indians stranded in Wuhan province of China, the epicentre of coronavirus, saying the ground situation there has further worsened.

In a letter to Mr. Modi, he said since the situation in Wuhan was grave, it would be appropriate to operate a special flight to Wuhan or a nearby functional airport and airlift Indian nationals stranded there.

Mr. Vijayan also wanted the Prime Minister to give necessary instructions to the Indian Embassy in China to act pro-actively and provide necessary assistance and reassurance to Indians, including Keralites, stranded in Wuhan and Yichang.

The Chief Minister offered assistance of medical professionals from the State in case of evacuation of the Indians from Wuhan.

Chinese health authorities have announced the death toll due to coronavirus has sharply increased to 80 with 2,744 confirmed cases.

The confirmed cases of pneumonia caused by the novel coronavirus officially described as 2019-nCoV included 461 patients who are in critical condition.

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