10-year jail, heavy fines among slew of steps to deal with black money stashed abroad


New Delhi, Feb 28 (IANS): Finance Minister Arun Jaitley Saturday unveiled a slew of stringent steps to battle black money stashed abroad, including a new law that will entail rigorous imprisonment of up to 10 years and a penalty of 300 percent on its perpetrators.

Those evading tax by sending money to foreign countries will not be allowed to approach the Settlement Commission too, Jaitley told parliament while announcing his 2014-15 annual budget.

Two bills -- one on illegal money stashed abroad and another to curb 'benami' transactions within the country -- are likely to be brought in the ongoing budget session of parliament, he said.

The issue of black money, unearthing which was a major election promise of the Bharatiya Janata Party, figured prominently in Jaitley's speech.

BJP president Amit Shah said the steps will effectively check black money.

Congress spokesperson Rajeev Gowda said the measures can be useful only in the long term, and little had been done to fulfill the pre-poll promises made by the BJP.

Giving details of the measures in the proposed bill on money stashed abroad, Jaitley said that not filing income tax returns or filing them with inadequate disclosures would lead to rigorous imprisonment of up to seven years.

Undisclosed income from any foreign assets would be taxable at the maximum marginal rate.

It also becomes mandatory to file returns vis-a-vis foreign assets.

If an offence is detected, banks, financial institutions and individuals will all be liable for prosecution and penalty.

Concealment or income or evasion of tax in relation to a foreign asset will become an offence under the Prevention of Money Laundering Act (PML Act), 2002, the minister said.

The definition of 'proceeds of crime' under PMLA would be amended to enable attachment and confiscation of equivalent asset in India where the asset located abroad cannot be forfeited.

The Foreign Exchange Management Act (FEMA) would also be amended.

Jaitley outlined the steps taken by the Narendra Modi government since it took power last year and also the steps being planned to tackle black money stashed abroad -- and generated within India.

Amendments have been proposed in the Income Tax Act prohibiting acceptance or repayment of advance in cash of Rs.20,000 or more for any transaction in immovable property. Violation would invite penalties of equal amount.

It would become mandatory to quote the Permanent Account Number (PAN) for any purchase or sale exceeding Rs.1 lakh.

He said false declaration in any business relating to customs will "be predicate offence" under the Money Laundering Act.

The minister said black money eats into the vitals of the economy and society and the problems of poverty and inequity cannot be eliminated till the problem was firmly dealt with.

"Investigation into cases of undisclosed foreign assets has been accorded the highest priority, resulting in detection of substantial amounts of unreported income," Jaitley said.

He said a new structure was being put in place including electronic filing of statements by reporting entities to ensure seamless integration of data and more effective enforcement.

"Tracking down and bringing back the wealth which legitimately belongs to the country is our abiding commitment to the country," he said to loud thumping of desks by the treasury benches.

Referring to the proposed bill on benami transactions, he said it would enable confiscation of benami property and provide for prosecution.

It would block a major avenue for generation and holding of black money in the form of benami property, especially in real estate.

Shah said the budget will help check black money.

"Solid steps have been taken against those stashing black money in India and abroad," he said.

Congress leader Gowda said the measures announced by Jaitley "may be useful in going forward in the future" but not in "fulfilling the promises already made including bringing Rs.15 lakh in each account."

  

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Comment on this article

  • Abhijit, M'lore

    Sun, Mar 01 2015

    Dear Jossey. Do you have any other points than this???

    DisAgree [1] Agree Reply Report Abuse

  • SK, Mangalore

    Sun, Mar 01 2015

    Jootly saab, can you clarify before the nation, have you collected all your legal fees ( as Supreme court lawyer ) in WHITE....If not you should undergo 10 years jail as an example for others..

    DisAgree Agree [2] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Sun, Mar 01 2015

    New Law & Budget only to favor Ambani and Adani ...

    DisAgree Agree [6] Reply Report Abuse

  • Abhijit, M'lore

    Sun, Mar 01 2015

    Dear Jossey. Do you have any other points than this???

    DisAgree [1] Agree Reply Report Abuse

  • Ranjith, udupi

    Sun, Mar 01 2015

    BJP does not dare utter a single word about black money stashed in India, because many of their party funders are 'saints' and 'holy men' who have black money in India

    DisAgree Agree [10] Reply Report Abuse

  • Anonymous,

    Sun, Mar 01 2015

    10 years jail for black money is fine.
    When ur fulfilling your election promise of jailing Damaad Robert Vadra

    DisAgree [6] Agree [1] Reply Report Abuse

  • Bjpian, M'luru

    Sun, Mar 01 2015

    BJP cant do that or they have no guts that much to take on Wadhra.There is a foot note in the budget that hoarderers of black money will entail 10 years jail...but court decision will be only after their death!(2)Politicians/ministers are excluded from the perview of this punishment just like Karnatakas Lokayukta enquiry.

    DisAgree Agree [1] Reply Report Abuse

  • Valerian D'souza, Udupi / Mumbai

    Sun, Mar 01 2015

    Swatch Bharat abhiyan was started.
    I was happy. Before any swatchata is made, now we have swatch cess!
    To be paid along with Taxes.
    Hope it is not eaten up before its purpose and made swatch!

    DisAgree Agree [4] Reply Report Abuse

  • Antony Fernandes, Mangalore/USA

    Sun, Mar 01 2015

    Only if Swiss Banks reveals their name within 150 days and if at all Modi becomes PM once again in 2019. Now for the next 4 years 10 months just forget this law! Aaray Jaitley Bai, Murders, Rapists, Smugglers and so on and so for is roaming freely in India and you are explaining the law to the innocent people who don’t dare to accumulate black money. Black money lions mostly Gujju Bais and Bens don’t care for your law.

    DisAgree [2] Agree [6] Reply Report Abuse

  • abdulla, india

    Sat, Feb 28 2015

    Black money outside.. yes..and what about the Black money y inside?
    is it any less?
    it is more than what is stashed abroad..bring them all to books ..india will be RAINING MONEY....
    From under ground and above ground..
    your time starts now..
    Get the ball rolling..you are the citizen and it is your right..

    DisAgree Agree [2] Reply Report Abuse

  • ansar, mangalore

    Sat, Feb 28 2015

    so we expect from you sir all the big fish will be in jail for coming 10 years......

    DisAgree Agree [1] Reply Report Abuse

  • geoffrey, hat hill

    Sat, Feb 28 2015

    Since when Jaitly started running judiciary to determine the punishment? And why stop at 10 years, make it hang until death, that sounds more impressive and will earn bigger applause from blind believers, but remember perpetrators have to be convicted first, then think about 10 years. As of now, even if there's political will to catch them, which itself is a big question mark, with the prevailing banking safeguards provided to account holders, there's a snowball's chance in hell of getting that money back.

    DisAgree [2] Agree [1] Reply Report Abuse

  • geoffrey, hat hill

    Sat, Feb 28 2015

    Since when Jaitly started running judiciary to determine the punishment? And why stop at 10 years, make it hang until death, that sounds more impressive and will earn bigger applause from blind believers, but remember perpetrators have to be convicted first, then think about 10 years. As of now, even if there's political will to catch them, which itself is a big question mark, with the prevailing banking safeguards provided to account holders, there's a snowball's chance in hell of getting that money back.

    DisAgree [1] Agree [1] Reply Report Abuse

  • abdulla, india

    Sat, Feb 28 2015

    promote whistele blowers officially..legally and pay them 5% of their precious catch..then you see the MONEY falling like Tsunami from all corners. all hidden under the earth..floors and also from heaven..
    India raining money...
    Let it come back to where it belongs for the growth of national economy and its people..use teh money..its just a commodity..
    bring it out let it grow.. dont block.its a sin.

    DisAgree Agree [1] Reply Report Abuse

  • Anonymous,

    Sat, Feb 28 2015

    LoL 10 years jail for Black Money.
    First put rapists , murderers , goondas and other anti social elements to jail.

    If the person knows to generate the Black money he should know hide from the clutches of law as well.

    DisAgree [2] Agree [11] Reply Report Abuse

  • Well Wisher,

    Sun, Mar 01 2015

    Nothing but again diverting the attention from their tall promises made about Black Money. Naachne na aaya to aangan thedaa!!!

    One more attempt to fool the general public of this great nation before the budget session!!!

    Mr. Jaitley OR Joot-ley!!!

    DisAgree [1] Agree [3] Reply Report Abuse


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