Click to view the article on Navodaya Times website

CNBC Awaaz's program on Black Money compliance window notified by CBDT on July 2, 2015

A new book on black money tells you more

New Delhi, Jun 28 (PTI) Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad.

It also contains anecdotal incidents of action undertaken by various financial law enforcement agencies like the Central Board of Direct Taxes (CBDT), Enforcement Directorate (ED) and Department of Revenue Intelligence as part of their mandate.

The tome has been penned by journalist and founder of web portal 'taxindiaonline', Shailendra Kumar, who by the virtue of his experience on the field, has put on record 'on-ground' development of these agencies.

One of the simple ways to generate black funds or illegal money, described in the book, is the general modus operandi of running illegal liquor trade across the borders of various Indian states.

The book tracks the topic of black money through its recent past and addresses the future challenges.

Clubbed into two parts and eight chapters, the book attempts to decode some tough lexicon used in the context of black money and topics related to tax evasion, investigation and collection of intelligence-related data.

The analysis has been divided into two broad aspects, the domestic perspective and the international arena.

It goes on at length to describe tax haven nations, a term used to describe countries who have a not-so-strict tax regime, including treaties and protocols signed by India to obtain confidential information and cooperation on this front.

A snippet in the book describes how sleuths had deployed smart gadgets to clone a series of computers.

The publication not only attempts to sum up the extent of the problem of black money generation in India, but also tries to cull out the reasons behind the generation of such a stash of funds while simultaneously exploring the role of corruption and other systemic failures that have led to the problem acquiring gigantic proportions.

Both basic and advanced information on black money is provided in the book. It deals with the legal complexities of DTAAs and domestic legislation, and also makes an objective assessment of facts and events which have influenced the campaign against black money in the past few years.

The 327-page book, priced at Rs 795 and published by LexiNexis has a foreword by the Chairman and Vice Chairman of the Special Investigative Team, Justice (retd) M B Shah and Justice (retd) Arijit Pasayat respectively

India must exert pressure on tax havens to unearth black money: Book

P Chidambaram's Letter and IT Raids on IPL Gets Added in New Book on Black Money

New Delhi: Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad...

A new book on black money tells you more

New Delhi, Jun 28 (PTI) Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad....

From IPL to Swiss money to tax-havens; New book on black money tells all

NEW DELHI: Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country...

A new book on black money tells you more

New Delhi: Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad...

A new book on black money tells you more

New Delhi: Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad...

India should exert pressure on tax havens to exchange relevant bank account information and must also pitch for criminal sanctions in the global taxation treaties to fight the menace of black money, a book by tax expert Shailandra Kumar has said.

As the US is compelling countries around the world to sign the Foreign Account Tax Compliance Act (FATCA), India should rise to the situation and push forward its agenda for exerting pressure on tax havens to exchange relevant bank account information with themThere would not be a better situation than now when there is such bone-breaking pressure on institutions like HSBC Bank The noose is getting tightened on the black money or at least the mood is being set to counter the evil of black money for the first time in a serious and coordinated manner, Mr Kumar said in his book Its Raining Black. Simultaneously, India has to address the specific domestic challenges and major institutional shortcomings which are adding to the rising graph of black money. It is in this context that judicial activism of the Supreme Court has already earned the acceptance of the masses . The court is making every possible effort through the SIT to bring black money hoarders to book. Legal impediments like confidentiality clauses in the Double Taxation Avoidance Agreements are being renegotiated.But if the Indian policy still chooses not to join the global bandwagon and harness the domestic consensus against black money, the bus would be missed forever, the book authored by the Founder Editor and CEO of the popular Taxindiaonlie said.

While giving credit to the Narendra Modi Government for coming out with legislations to check black money, the book said at one stage India will have to resort to the UN Convention Against Corruption to recover a part of the illicit funds parked in tax havens. On the size of the black money, the book cites various studies which indicate the kind of money parked in the Swiss banks. Based on these studies, it said , size of the unaccounted and illicit money for India could be anywhere between 0.5 trillion to one trillion dollar traced to the Swiss banks. UNI PC ABI RSA0944

-- (UNI) -- C-1-1-DL0388-200364.Xml 1234

Book on black money throws insight into govt policies

Anecdotes about the first Income Tax searches in the T-20 IPL cricket tournament and a letter by former Finance Minister P Chidambaram seeking information about alleged illegal accounts by Indians in Switzerland find place in a new book on black money.

The recently launched book "It's Raining Black! Chronicles of Black Money, Tax Havens and Policy Response" -- talks about policy measures framed by the government to tackle the menace of illegal funds in the country and abroad...

Will it work? by Shailendra Kumar on Deccan Herald Newspaper's Edit Page

Will it work?

Shailendra Kumar, May 27, 2015, DHNS

BLACK MONEY BILL: Ever since German and the French authorities 'gifted' CBDT the stolen data of black money, it assumed serious proportions.

In the past few years, the issues of black money and illicit financial flows pouring into tax havens have occupied perhaps as much global political space as the issue of world economic crisis itself. As regards India, ever since the German and the French revenue authorities ‘gifted’ the Central Board of Direct Taxes (CBDT) the stolen data of Indian tax dodgers safe-keeping their illicit funds in some of the tax havens in Europe, it assumed serious proportions of a mega political issue during the general elections.

What added fuel to the fire was the US-based NGO Global Financial Integrity’s (GFI) studies indicating that there was a positive correlation between India’s growth story and the soaring graph of illicit financial flows between 2002 to 2011. And even as the developing countries in totality lost to the tune of $6 trillion, Asia lost about 40 per cent of it and India's share was a whopping $344 bn.

In this backdrop, some public-spirited citizens led by the noted lawyer Ram Jethmalani, filed a Public Interest Litigation before the Supreme Court and charged that the then UPA-II government was not taking substantive steps to recover the lost wealth of India. While hearing the case, the Apex Court gave certain directions on which the UPA-II did not show any alacrity to act and thus handed over explosive ammunition to its principal rival BJP during the polls. The Narendra Modi-led BJP made the issue of black money stashed in tax havens as one of its key political planks.

And immediately after being sworn-in as PM, Modi in his first cabinet meeting announced the constitution of the Special Investigation Team (SIT) on Black Money headed by the two former judges of the Apex Court. With the din over the names of the account holders in the Geneva-based HSBC Bank kept on rising in decibel, the Modi government came under tremendous pressure to roll out more measures. And, on advice of the SIT, Finance Minister Arun Jaitley announced his two-pronged approach of a domestic legislation and an independent Black Money Bill (Undisclosed Financial Income & Assets Bill) in his Budget speech.

The Black Money Bill was soon tabled as a Money Bill and the same now stands enacted with minor amendments. Although this new Act may mirror lots of similarities to the Income Tax Act in terms of its assessment, appellate and other procedures, the two key distinguishing features are – 1) offences relating to unreported foreign income or assets are to be treated as a predicate offence under the Prevention of Money Laundering Act (PMLA); and 2) the period of imprisonment being enhanced from seven years in the present Income Tax Act to 10 years in the new Act.

Now, the major question which the CBDT needs to quickly answer is that whether there is going to be any parallel proceedings under the PMLA as soon as an offence is determined as a predicate offence or even within the IT Department. It is going to be a big challenge to coordinate assessment efforts under the normal Act and when a particular case may qualify to be referred to a separate set of Assessing Officers under the new Act. A clear-cut administrative instruction is required to be issued to sort out such internal but vital piece of procedure to roll out the new provisions of the Act.

The fact is neither the new Act nor the IT Act clearly defines – what is an asset? It may be inferred that an asset includes both movable as well as immovable property. Even an interest in the property is going to be treated as an asset. And whether such an asset is either in the name of an assessee or he is merely a beneficial owner or a trustee or a beneficiary of a trust floated outside India, all will be covered under the provisions of the new Act.

Settlement Commission

The tax in the highest rate bracket of 30 per cent is going to be levied on the market value of the asset – the year of acquisition of such an asset is simply going to be treated as immaterial. As per the provisions, no deduction of expenditure or exemption is going to be allowed for any set off. Even foreign tax credit has been disallowed under this Act. The new Act has also closed the door of the Settlement Commission apart from no provision for compounding of offence.

Before the new provisions come into effect, the CBDT is soon going to notify a ‘Compliance Window’ for potential declarants who are expected to come out clean by making honest declaration of their overseas income and assets. Such a window is likely to be provided for a period of six months to make the declaration and pay the taxes with 300 per cent penalty. If one tends to err in one's computation of taxes, there is not going to be any refund of excess tax paid.

Once the ‘Compliance Window’ period is over, as per the finance minister, the harsh provisions of this new Act will take its own course. And if one is caught contravening the provisions of the new Act, there is going to be huge penalty besides prosecution which would be conducted in expeditious manner.

To what extent such an amnesty scheme would work in favour of the exchequer would, if we go by the global trend, depends on the authenticity and completeness of tax information either gathered by the CBDT on its own or received from any other tax jurisdictions under the provisions of the Double Taxation Avoidance Agreements (DTAAs). One hopes Jaitley succeeds in garnering substantial revenue from this scheme which would alone satisfy the expectations of our judiciary as well as the civil society.

(The writer is Founder Editor, Taxindiaonline.com)

Serious operation needed to combat 'black money cancer': SIT

Justice M B Shah launching the book 'Its' Raining Black" authored by Mr Shailendra Kumar, Founder Editor, TIOL.

The Special Investigation Team (SIT) on black money today said a "serious operation" of strictly enacting and enforcing anti-tax evasion laws is the only solution for combating and winning over the "cancerous" menace of illegal funds stashed abroad and within the country.

SIT Chairman Justice (retd) M B Shah, while launching a book on the subject, said a combination of "strong enactment and enforcement" of laws is the most necessary requirement if the country wants to check black money and "bring out" the offenders and various instances of black economy perpetration.

"It (combating black money) may require serious operation. Unless there is serious operation by enactment and enforcement of laws you will not be able to get black money, or to say, bring it out. Mere making a statement will not do anything. This cancerous growth is required to be controlled. Corruption at all levels is the main cause of the generation of black money," he said.

Justice Shah exhorted that the "wrong" has to be punished as he hailed the recent anti-black money law passed by the government in Parliament.

"It is difficult to say it (the new black money law) is harsh...It's an elaborate Act. We are happy that some suggestions (made by SIT) have been accepted by the government," he said.

Agreeing with his senior on the high-powered panel, SIT Vice Chairman Justice (retd) Arijit Pasayat said the often mentioned question of how black money will be brought back is a "misnomer".

"Rather, what we need to do is to tax the due, prosecute and put penalties on the said overseas black money amount and that way you will have your pound of flesh," Pasayat said.

"The approach of policy makers and tax officials should be to legitimately get back what (tax) is due to the country. They should attach the corresponding value assets of the accused present in the country," he added.

Pasayat said rather than looking at suspected tax havens abroad, such instances within India should be looked into.

"There are concerns how would you get back black money. I would say don't look at Singapore or Virgin Islands...Look inside India. Practically, most of it is generated here. If we act tough at this stage when it begins inside country, then we will have success," he said.

Pasayat said tax havens should not be called by the said name as "heaven" is a place of "safety" and rather they should become "hell" for tax evaders and illegal funds operators.

He voiced Justice Shah's concerns saying there should be a "zero tolerance" on corruption.

Justice Shah also lamented on the slow pace of filing of FIRs, investigation and court trials in black money cases.

"If the Acts are not implemented properly, their deterrent effect is lost," the SIT Chairman said.

He underlined that over-invoicing and under-invoicing of traded goods was one of the big methods to generate tainted funds and enforcement agencies have to be very active to check this.

The book -- It's Raining Black! -- launched by the two veteran judges is authored by Shailendra Kumar.

Dangers of tax terrorism

The effort to bring back black money stashed abroad looks set to unleash a draconian Inspector Raj

by Anshuman Tiwari

Shailendra Kumar, a tax expert and editor, Taxindiaonline.com, says that going by the language and the spirit of the provisions in the bill, this is the first time India has toughened its official stance against black money by bringing it under PMLA.

But questions are being raised about the efficacy of this scheme not only on moral but on procedural grounds as well. "It is not clear from the language of the bill if a declarant will be grilled about the source of income or assets. And if one admits illegal source, there is no guarantee that such a case is not going to be referred to the ED for initiating action under PMLA," says Shailendra Kumar.

Read complete article on indiatoday.indiatoday.in

‘Goods, services tax has to cross many hurdles'

Visit Site: http://www.thehindubusinessline.com/todays-paper/tp-others/tp-states/article1767532.ece

The proposed Goods and services tax (GST) will remove many of the anomalies in the indirect tax structure of the country, but it has still a long way to go, as the consent of the states is required and a constitutional amendment should also be effected for the purpose, according to Mr Shailendra Kumar, Managing Editor of taxindiaonline.com.

He was delivering a lecture here recently at a seminar on tax matters organsied by the Tax Law Research Group. He said the Union Government was in no position to set a deadline for the introduction and implementation of GST, as many complex issues would have to be addressed first. Many states were not taking it favourably, as it would mean substantial loss of revenue for them, even though the Union Government had agreed in principle to compensate them, he said. For instance, Punjab and Haryana would lose revenue on a large scale, as purchase tax being levied by them on foodgrains would be subsumed in GST. Similarly, octroi in Mumbai would be subsumed.

He said thee main issues would have to be tackled before the introduction of GST — threshold limit, size of the tax-payer base and revenue-neutral rate. “In a country like India, we cannot have a perfect GST, with all our political compulsions and other problems. But then even a flawed GST is better than no GST,” he remarked.

Mr Chandrahas Mathur, Chief Commissioner, Customs, Central Excise and Service Tax, Vizag zone, said the zone had crossed even the revised target of Rs 12,560 crore and had achieved Rs 13,122 crore during 2010-11.

Mr G. Prabhakara Sastry, convener of the Tax Law Research Group, welcomed the gathering and later spoke on tax issues.

0815 HRS.

14 FEBRUARY , 2011

Pakistani Playback singer Rahat Fateh Ali Khan detained at IGI Airport New Delhi for carrying undeclared foreign currency.

The Directorate of Revenue Intelligence, DRI has detained noted Pakistani singer Rahat Fateh Ali Khan and his troupe members at the IGI airport in New Delhi for carrying undeclared foreign currency worth 1.24 lakh US Dollars or about 60 lakh rupees. A DRI official said, Rahat and his entire troupe, numbering around 16, including his manager Maroof and event manager were detained and their interrogation is underway. The troupe was on in its way to Lahore via Dubai by an Emirates flight.  Rahat, a nephew of Pakistani singing legend Ustad Nusrat Fateh Ali Khan is a top Bollywood playback singer and has several hit numbers to his credit. Founder and Managing editor of Tax India Online.com Shailendra Kumar says that the Pakistani Singer has  violated both FEMA as well as customs acts.

0815 HRS.

31th AUGUST, 2010

India and Switzerland sign agreement for exchange of information about black money stashed by Indians in Swiss Banks.

India and Switzerland have signed a protocol that will enable exchange of information on tax evaders, considered a must for getting details on unaccounted funds stashed away by Indians in Swiss banks. The  protocol  which amends  the existing Double Taxation Avoidance Agreement between  the two countries  was   signed by visiting Swiss Foreign Minister Micheline Calmy-Rey and Finance Minister Pranab Mukherjee. We Spoke to Managing Editor of taxindiaonline.com Shailendra Kumar about the protocol signed between the two countries.

India  and Switzerland DTA has been amended by signing of a protocol yesterday by the Union finance Minister and the Swiss foreign Minister. As for this amendment Income Tax authorities will have access to such kind of information. They can exchange certain kind of data and documents and information including banking information. As the popular belief goes that a major chunk of the Indian black money has been parked in the Swiss Banks. If that is true, for us it is very important that our income tax authorities gain access to some of those sensitive banking information which will help them in carrying forward their investigations.

0815 HRS.

27th AUGUST, 2010

Cabinet approves New Direct Tax Code Bill.

THE Cabinet has approved the New Direct Tax Code Bill.  Finance Minister Pranab Mukherjee told reporters after the Cabinet meeting that it will replace the existing Income Tax Act, 1961.

Now the tax rates will not be part of Finance Act; it will be the part of the schedule which will be approved by the parliament along with the Direct Tax Code. Direct Tax Code incorporates all three Direct Tax Acts. Income Tax Act of 1961, Wealth Tax of 1957, Dividend Distribution Tax of 1997, all these are combined in Direct Tax Code."
We spoke to the Managing Editor of www.taxindiaonline.com Shailendra Kumar about the cabinet decision.

The Union Cabinet last evening has given approval to the revised DTC bill. The finance minister indicated that the basic income tax slab limit has been hiked to two lack rupees. That is a kind of benefit which goes to every tax payer across the country. If we go by the original DTC bill what was proposed was a major simplification of rationalization of the income tax slab. Anybody who is having an income of between two lacks to 5 lacks rupees will be subjected to only 10 percent income tax rate which was a major major relief for every tax paper. If this revised DTC bill which is going to be tabled in the parliament on Monday, text to the original schedule then anybody having an income of 5 lacks rupees to 10 lacks rupees 20 percent rate will be attracted and more than 10 lacks rupees it will be 30 percent rate.

In an island of Excellence with a Brihaspati as Chieftain!

India does have dynamic and outstanding law schools but they remain islands of excellence ...! The author, Mr Vijay K Kumar, Editor-In-Chief , TIOL, recently visited one such island of excellence and chatted with its scholarly chief who himself took him on a tour of the campus. Here are some interesting ....

Lok Sabha Secretariat released the 27th Report on Taxation Laws (Amendment) Bill, 2005 in which TIOL participated:

Standing Committee on Finance (2005-2006) 14th Lok Sabha + Standing Committee on Finance (2008-09) 72 nd Report:

TIOL was invited by the Lok Sabha Secretariat to make presentation before the Hon'ble Panels of Members of Parliament on Taxation Laws (Amendment) Bill, 2005 and Advance Rulings Bill, 2007. The reports are in public domain and can be see on Parliament site. For netizens' convenience we have uploaded them here. Pl click on LINKS to read the details.

In Eenadu, Dated : May 16, 2007, No 1 news paper in Andhra Pradesh it was reported - (English Translation of Telugu report):

IT RETURNS TO BE FILED IN THE REVISED FORMS:

Visakhapatnam News Today : The Visakhapatnam Zonal office of the Income ax department, in a press release informed the Income Tax assessees that the returns are to be field in the new revised forms only. Different categories of the assessees have to file their returns in the respective new forms. It was also informed that further details are available on the websites incometaxindia.gov.in and taxindiaonline.com and the new forms can be downloaded from these websites. It was also clarified that the returns will not be accepted if they are filed in the old forms.

Screen shot of the Report

It also informed about the said notification being available on Taxindiaonline.com which confirmed once again about the authenticity and credibility of Taxindiaonline.com.

Visit Site: http://pib.nic.in/release/release.asp?relid=8635

National daily, THE HINDU too carried the above news mentioning Taxindiaonline.com as the source where the government notification can be downloaded from.

Hindu made a mistake though by stating that one has to pay for the notifications to be downloaded from Taxindiaonline.com. Once contacted and clarified that they are free of cost, Hindu published a correction (snapshot as under) for the same.

URL: http://pib.nic.in/release/release.asp?relid=8635

Visit the correction page : http://www.hindu.com/2005/04/21/stories/2005042105081800.htm