Bring donations to religious bodies under tax net: SIT on black money


New Delhi, Jul 24 (PTI) : To check the black money menace, the Supreme Court-appointed Special Investigating Team (SIT) on Friday recommended enacting tough laws to curb betting in cricket, bring donations to education and religious bodies under tax net, monitoring unusual rise in stock prices and regulating P-Notes.


The SIT identified circular trading in shares, overseas investments being routed through P-Notes from tax havens, shell companies, mispricing of imports and exports and cricket betting as major sources of black money generation.

Stating that betting in cricket has become sophisticated with use of technology, SIT wanted "some appropriate legislative directions or rules or regulations" to curb the menace of betting.

With half of the Rs 2.7 lakh crore overseas investment using P-Notes coming through tax havens of Cayman Islands, Mauritius and Bermuda, the SIT on black money wanted market regulator SEBI to come up with regulations so as to be able to identify the final beneficiary of Participatory Notes.

P-Notes are instruments issued by FIIs to overseas investors wanting to invest in Indian stock market without registering themselves with the regulator.

SIT said action be taken under Prevention of Money Laundering Act (PMLA) against trade based money laundering through mispricing of imports/exports.

The panel headed by Justice MB Shah (retd) in its third report has also suggested measures to ensure donations by cheques to prevent black money generation in education sector, religious bodies and charities, and sought prosecution of those donating and accepting unaccounted money under the anti-corruption law.

The SIT said person accepting unaccounted money in form of donation or also donor "requires to be prosecuted under Prevention of Corruption Act".

For this, the panel said it would require legislative change which is necessary because now–a–days donation to educational institutions, which are in demand, is rampant.

"In some cases, it goes to Rs 1 crore and more. This would go long way in curbing the generation and circulation of black money," the report said.

The SIT has also Sebi to compulsorily identify real owners of foreign funds coming through the controversial P-Note route and also prosecute those using equities for tax evasion.

The panel further said it is not enough for Sebi to ban individuals and companies from stock markets and the regulator needs to initiate prosecution proceedings and take all necessary "preventive and punitive" actions.

To prevent misuse of exemption on Long Term Capital Gains (LTCG) tax for money laundering, the panel has suggested a slew of measures such as having an "effective monitoring mechanism" by Sebi to study such unusual rise of stock prices.

  

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Comment on this article

  • Flavian, Mangaluru/Kuwait

    Sun, Jul 26 2015

    By the way time is being wasted the black money must have already been turned into legal money/assets through various channels.

    DisAgree Agree [1] Reply Report Abuse

  • Mohammed KP, BC Road

    Sat, Jul 25 2015

    Well said Mr RR, Kudla. Only salaried class people are paying the IT correctly.Im a Govt servant and I pay the tax correctly. Still I get notice from the IT Dept for any minor mistakes

    DisAgree Agree Reply Report Abuse

  • Roshan, Mangaluru

    Sat, Jul 25 2015

    Donations to charitable trusts and educational institutes, expenditure of charitable trusts and educational institutes and funds receipts of builders and developers if all comes under proper scrutiny and clear cut transparent methodology, 90percent of india's black money issues could be solved immediately.

    SC is the only hope and should put in place a mandatory mechanism. No political party has the will to take on black money.

    DisAgree [1] Agree [22] Reply Report Abuse

  • RR, Kudla

    Sat, Jul 25 2015

    In India only salaried class/senior citizens receiving pension,deposit interest paid IT correctly.So the country is running.Non tax payers are mainly Doctors, Politicians,traders,big business people,Police,Advocates,Contractors etc.,We have no technology to fix them.

    DisAgree Agree [11] Reply Report Abuse

  • Dev, Mangalore

    Sat, Jul 25 2015

    This move will backfire & won't get implemented as major parties get their election funding through these donors & our politicians are owners of many educational institutions & Trusts to evade Tax Net.
    Religious places are used to dump these monies & nobody will disturb them otherwise the government will be brought down if they try to implement these rules strictly.
    On paper we have more rules & regulations which are only used to harass opponents & nothing comes out as our legal process takes so long the next government just dilutes the charges & finally a B Report gets filed.

    DisAgree [2] Agree [25] Reply Report Abuse

  • Joe D'Souza, Mangalore

    Sat, Jul 25 2015

    Excellent news to read if worked correctly as per SIT. First every Rupee comes as Charity should be scrutinized. It does not matter which Religious community it comes to. Secondly Untrustworthy TRUSTS should be banned. These trusts are created to cheat the Tax payment. There are thousands of Hospitals, Schools and Welfare Associations are sucking the overseas donors with false claims. Donors donate with good heart and kindness towards false claims of poverty. NRI's should first find the fact and donate.

    DisAgree [2] Agree [23] Reply Report Abuse

  • Dr Mohan Prabhu, mangalore/ottawa

    Sat, Jul 25 2015

    A wise move even in respect of educational institutions which demand heavy donations in order to get admission into the hallowed halls of knowledge.
    To curb black money the Tax Department should go further and require banking institutions routinely to inform it when very large deposits or withdrawals are made, with names of all those involved in the transaction - a requirement which is the law in many countries, including Canada.

    DisAgree [2] Agree [19] Reply Report Abuse

  • KRPrabhu, B'luru

    Sat, Jul 25 2015

    What is the amount taken by educationists under the table for MD seat under management quota?What is the amount given as receipt?Difference amount is black or half white?Do we require Lokayukta for checking frauds,back money,illegal land grabbing etc.,
    For public gas bidi...subsidy bidi.....kadege jeeva bidi...!!!

    DisAgree Agree [4] Reply Report Abuse

  • Abdulrehman Kunil , Mangalore

    Sat, Jul 25 2015

    In the name of religion and family trust people are bringing in black money in Crores and they enjoy it tax free. The trustees are at liberty to blow this black money royally without the fear of IT questioning them. Moreover they enjoy the status of philanthropist and social servicing in the society. They misuse these unethically collected illegal fund wherever they wish including criminal activities.

    DisAgree [2] Agree [18] Reply Report Abuse

  • HENRY MISQUITH, BAHRAIN

    Sat, Jul 25 2015

    Cricket game is all about money both black and converting black to white. BJP will of bringing black money was exposed by sushma swaraj and Raje who are hand in glove with the black money generator and hoarder

    DisAgree [3] Agree [32] Reply Report Abuse

  • krishna, mangalore

    Sat, Jul 25 2015

    Please collect wealth tax all the institutions belongs to acres of land, irrespective of religion Institutions are absconding tax Collecting only rent from the Shops

    DisAgree [2] Agree [9] Reply Report Abuse


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