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This book analyses the legal provisions of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (Black Money Act) in a concise and precise manner, without tampering with the intent and spirit of the law. The Present Publication is the Latest 2023 Edition, authored by Gaurav Jain and Shubham Gupta. The book features discussion on the following topics: • [Object and Purpose] of the Black Money Act • [Comprehensive Analysis of the Black Money Act] along with Case Laws, Circulars & Notifications issued by the CBDT • [Interplay between Black Money Act & Income Tax Act] has been presented in the book • [Analysis of Black Money Act] including the following: o New & Novel Terms in Black Money Act, including § Undisclosed Foreign Asset § Undisclosed Foreign Income § Assessee § Beneficial Ownership o Provisions of Assessment, Reassessment, Penalties & Prosecution o Offences made out in the Black Money Act o Amendments & its Purpose bought in the Black Money Act o Retrospective/Retroactive Application of the provisions of the Black Money Act and cases that are pending adjudication The detailed contents of the book are as follows: • Preliminary • Basis of Charge • Tax Management • Penalties • Offences and Prosecution • Tax Compliance for Undisclosed Foreign Income and Assets • General Provisions • Miscellaneous Provisions
This book thoroughly explains the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act 2015 (Black Money Act), which addresses the issue of undisclosed foreign income and assets held by Ordinarily Residents in India. The book details the legal framework, including stringent assessment, valuation, and compliance procedures specific to the Black Money Act, distinct from the Income-tax Act, 1961. It covers the scope and applicability of the Act, outlines severe penalties and prosecution measures for non-compliance, and provides a critical analysis of emerging legal issues due to the Black Money Act's evolving nature. This book is helpful for tax professionals, legal practitioners, and others to understand the complexities of undisclosed foreign assets, aiming to provide practical insights and foster an understanding of the stringent regulations designed to curb illegal asset holdings abroad. The Present Publication is the 3rd Edition and has been amended by the Finance (No. 2) Act, 2024. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta, with the following noteworthy features: • [Purpose and Rationale] The book explains the need for a separate legal framework to address undisclosed foreign income and assets, differentiating it from the broader Income-tax Act, 1961. It outlines the stringent measures targeting individuals classified as Ordinarily Residents in India who possess undisclosed foreign income and assets and the severe penalties and prosecution provisions intended to curb such practices • [Scope and Applicability] Detailed coverage of the Black Money Acts' applicability to different categories of residents, including those converting from Non-Resident to Ordinarily Resident status, students studying abroad, and employees working abroad temporarily. It emphasizes the ongoing obligations of residents to declare all foreign assets in their income tax returns and the legal implications of non-compliance • [Assessment and Valuation] The book provides an in-depth analysis of the assessment and re-assessment processes for undisclosed foreign income and assets under the Black Money Act, highlighting the absence of a time limitation for such assessments. It details how these assets must be valued at current market prices rather than historical costs, ensuring that assessments reflect their true value • [Penalties and Prosecutions] A comprehensive analysis of the penalties and prosecution provisions, including a detailed commentary on when and how these measures can be invoked. The book addresses significant issues, such as the rationale behind the absence of time bars for assessments and the legal nuances of prosecuting non-compliance • [Critical Legal Issues and Case Law] Given the evolving nature of the Black Money Act, the book critically analyses emerging legal issues, providing the authors' opinions on various unresolved questions. It also reviews relevant case laws that have shaped the interpretation and enforcement of the Act, providing practical insights for legal practitioners • [Valuation Rules] Detailed examination of the valuation rules under the Black Money Act, including guidelines for computing the fair market value of different types of undisclosed foreign assets and the importance of using current market values for assessments • [Judicial Precedence and Evolving Interpretation] The book emphasizes the limited judicial precedence available for the Black Money Act, as it is a relatively new law. It highlights the ongoing evolution of legal interpretations and the authors' role in providing clarity through their expert opinions • [Continuous Amendments and Updates] The book is up-to-date with the latest amendments, including those made by the Finance (No. 2) Act, 2024, and reflects recent court decisions from the past year, ensuring readers have access to the most current legal landscape The chapter breakdown of the book is as follows: • Introduction o Overview of the Black Money Act, including its objectives, the rationale behind its enactment, and key features that distinguish it from the Income-tax Act • Applicability & Definitions o Detailed clarification of key terms and the Black Money Acts' applicability as outlined in Sections 1 and 2 • Charge, Scope & Computation o Comprehensive guidelines for calculating undisclosed foreign income and assets under Sections 3, 4, and 5 • Tax Authorities o Analysis of the roles and jurisdictions of tax authorities as per Sections 6 to 9 • Assessment Procedures o Detailed processes for the assessment and re-assessment of undisclosed foreign income and assets under Sections 10 to 14, including significant legal issues • Appeal & Revision o Step-by-step guidance on the appeal and revision mechanisms available under the Black Money Act, covering Sections 15 to 29 • Recovery of Tax & Interest o A thorough understanding of the tax recovery mechanisms, including rules on interest and enforcement actions under Sections 30 to 40 • Penalties o In-depth examination of penalties imposed under Sections 41 to 47, including interpretations and possible defences for non-compliance • Prosecution o Comprehensive coverage of prosecution measures under Sections 48 to 58, detailing conditions under which legal actions can be initiated • Declaration Scheme o A guide to the declaration scheme available under Sections 59 to 72, designed to facilitate compliance for those with undisclosed foreign assets • General Provisions & Valuation Rules o Analysis of the general provisions and valuation rules under Sections 73 to 88, including methodologies for valuing various asset types • Additional Resources o The book includes appendices with relevant forms, CBDT circulars, notifications, and extracts from other related laws
To meet the deadline set by the Honourable Supreme Court for the previous Government, the new Government of Prime Minister Narendra Modi constituted a Special Investigation Team (SIT), soon after assuming office on May 26, 2014. Headed by Justice M.B. Shah, a former judge of the Supreme Court, SIT was notified on May 27, 2014 to look into the issue of black money. The objective of this book is to explain various facets and dimensions of black money and tax evasion and their complex relationship with the policy and administrative regime in the country. It describes the factors which lead to the generation of black money, and records various estimates of black money and tax evasion. It also presents the measures/strategies that the Government of India has been pursuing to tackle this issue, especially recent initiatives and developments.
In the modern economic system, Black Money refers to funds earned in the black market, on which income and other taxes have not been paid. The total amount of black money deposited in foreign banks by Indians is unknown, but one estimate by an expert reveals that the black money held by Indians, in foreign banks is more than all the black money, hoarded by people in the rest of the world, combined together. While official numbers are not available, Swiss banking personnel have also said that the largest depositors of illegal foreign money in Switzerland are Indians. Black Money is an economic term, hard to define, accurately. Black Money is also sometimes used for payments to evade tax. However, this is a mild form of black money. This money in fact is obtained, illegally and is partially suppressed. A popular way for criminals to launder black money in property is to set up complex structures. In this way, they try to see that the money flows out. This book on this subject should certainly prove to be an asset for all scholars, researchers and social activists Table of Contents Preface....................................... ix Introduction............................... 1 Definition of Black Money • Birth of Black Money • Burning Topic • Use of Black Money • Controlling Black Money • Roots and Causes of Black Money • Black Money Scenario • Another Definition • Mid-form of Black Money • Art of Spending • Repentance Scheme • Black Money in Swiss Banks • The Modus Operandi • Mauritius Route • Non-sufficient Funds • Implementation Black Money in India..................... 33 An Overview • Sources of Black Money • Parallel Economy • Political and Administrative Corruption • Indian Politics and Black Money • Remedy to Corruption • Failed Policies • Current Scene • Baba Ramdev and his Individual “Satyagraha” • Industries and Black Money • Poverty, Industrial Scam and Corruption • Illicit Means Adopted • Tax Information Exchange Agreement • Economics of Corruption • Remittance Services • Cybercrime • White-collar Crimes • Terrorist Financing • Human Trafficking • Court Cases Impact of Black Money on Indian Economy 71 Effects and Aftereffects • Other Effects • Various Causes of Black Money • Effects of Black Income • Impact on Common Man • Inflation • Speculative Investments • Major Tax Havens • State of Indian Economy Indian Government’s Actions against Black Money................................ 81 Law against Black Money • Income Tax Department’s Role • Various Measures Undertaken Money Laundering........................ 95 Disguising Illegal Sources • General Aspects • Methods • Enforcement • Laws by Region • Locations • Castle Bank and Trust • FIMACO • Fraud Enforcement and Recovery Act • Legislative History • Money Laundering Control Act • Money Mule • Nugan Hand Bank • Founding • Parcel Mule Scam • Russian Mafia Unlawful Transactions................. 129 Cheque Fraud • Types of Cheque Fraud • Bad Cheque Writing • Cheque Kiting • Bad Cheque Restitution Programme • Methods • Circular Kiting • ChexSystems • Services • Overdraft • Shared Cheque Authorisation Network Black Marketing........................... 155 Background • Transportation Providers • Modern Examples Insider Trading............................ 169 Definition of Insider • Legal Insider Trading • Illegal Insider Trading • Liability for Insider Trading • Tracking Insider Trades • Common Law Menace of Corruption................... 181 Etymology • Areas of Corruption • Corrupt Activities • Bid Rigging • Bribery • Cartel • Collusion • Cronyism Corruption in India....................... 207 An Overview • The Background • Politics • Bureaucracy • Land and Property • Income Tax Department • Judiciary • Armed Forces • Medicine • Religious Institutions • Education • Protectors against Corruption • Socioeconomic Issues • Economic Issues • Violence Organized Crimes......................... 223 The Background • Theoretical Background • Critical Criminology and Sociology • Models of Organised Crime • Individual Difference • Violence The Scams.................................... 249 Lottery Scam • Charity Scams • Fraud Recovery Scams • Pet-Scams • Rental Scams • Attorney Collection Scams Controlling Financial Crimes......... 255 Various Organisations • Directorate General of Economic Enforcement • Directorate of Revenue Intelligence • Economic Intelligence Council • Various Members • Financial Crimes Enforcement Network • Hawala • Financial Transaction Centre • Guardia di Finanza • Different Roles • Anti-drug Operations • Chiasso Financial Smuggling Case • Unit Awards • Special Departments • Mobile Phone Financial Services • Market Abuse • Market Manipulation • Servicio de Vigilancia Aduanera • Department of Customs and Special Taxes • Territorial Services • Armament and Equipment • Slush Fund • the United States Secret Service • Uniformed Division • United Nations Convention against Corruption Anti-corruption movement in India. 299 Background • India against Corruption Movement • August Protests • Vote Bank against Corruption • Political Support • Jan Lokpal Bill • Use of Cyberspace • Government’s Response • Political Response to Jantar Mantar Protests • Ramlila Ground Protests • Police Action against Demonstration • Aftermath of the Protests • Civil Society Response • Suo Moto Cognisance by the Supreme Court • Protest Timeline Laws in Various Countries............. 327 International Laws • Indian Laws against Corruption • The Acts • The Amended Act • Patronage • Ecclesiastical • Price-Fixing • Criticism on Legislation Bibliography................................ 345 Index.......................................... 363
This book is a complete guide to all matters pertaining to the law and critical issues relating to Black Money (Undisclosed Foreign Income and Assets) and the Imposition of Tax Act 2015 (Black Money Act). The Present Publication is the 2nd Edition and has been amended up to April 2023. This book is authored by Dr Raj K. Agarwal & Dr Rakesh Gupta. It features discussion on the following topics: • [Why a Separate Law] has been enacted for Undisclosed Foreign Income and Assets • [Applicability & Scope] of the Black Money Act • [Obligations of Ordinarily Resident] in cases of foreign income and assets • [Critical Analysis] of the following: o Assessment & Re-assessment of undisclosed foreign income and assets o Penalties & Prosecution for offences • [Detailed Analysis of Valuation Rules] under Black Money Act • [Analysis of Case Laws] relating to Black Money Act The detailed contents of the book are as follows: • Introduction • Applicability & Definitions | Sections 1 & 2 • Charge, Scope & Computation of Total Undisclosed Foreign Income Asset | Sections 3, 4 & 5 • Tax Authorities | Sections 6 to 9 • Assessment | Sections 10 to 14 • Appeal & Revision | Sections 15 to 29 • Recovery of Tax & Interest | Sections 30 to 40 • Penalties | Sections 41 to 47 • Prosecution | Sections 48 to 58 • Declaration Scheme | Sections 59 to 72 • General Provisions | Sections 73 to 88 • Valuation
This book attempts to review and summarize the mostly obscure professional literature on tax evasion and the black economy to produce a text that informs both the popular and political debate about the issues involved.
Taxing Crime: A Whole-of-Government Approach to Fighting Corruption, Money Laundering, and Tax Crimes examines how tax audits and investigations can lead to uncovering white-collar crime and how investigations of corruption can, in turn, lead to prosecutions of tax evasion or recovery of unpaid taxes. Prepared jointly by the World Bank and the United Nations Office on Drugs and Crime (UNODC) Stolen Asset Recovery Initiative (StAR) and the Global Tax Policy Center at the Institute for Austrian and International Tax Law, Vienna University of Economics and Business, this report offers analysis, case studies, examples of legal and operational frameworks, and recommendations that policy makers can use to enhance cooperation between tax authorities and law enforcement agencies at the national and international levels. This study is designed to serve as a reference and source of advocacy for policy makers, but it may be useful to other practitioners as well, including law enforcement offi cials, investigating magistrates, and prosecutors. Specifically, chapters present strategic considerations for establishing communication channels between tax and criminal investigative agencies; suggestions for combining tax and financial crime prosecution as part of an interagency asset recovery strategy; and approaches to developing interagency information exchange at the regional and international levels. It concludes with recommendations on ways to enhance the roles of both the tax authorities in combating money laundering and corruption and of the law enforcement authorities in recovering the proceeds of tax crimes. • Chapter 1 provides an introduction. • Chapter 2 presents strategic considerations for establishing information exchange channels between tax and criminal investigative agencies. • Chapter 3 explains how to combine tax and financial crime prosecution as part of an interagency asset recovery strategy. • Chapter 4 discusses approaches to developing interagency information exchange at the regional and international levels. • Chapter 5 provides recommendations for future efforts to enhance the role of tax authorities in supporting efforts to combat money laundering and corruption, and the role of law enforcement authorities in the recovery of proceeds of tax crimes. • The appendix contains case studies that illustrate effective interagency cooperation, including at the international level.
The fallout from the financial crisis of 2007-8, HSBC Suisse in 2015, and the Panama Papers in 2016 has generated calls for far more vigorous and punitive responses to tax evasion and greater international co-operation against mechanisms for giving anonymity to the ownership of property. One mechanism to ensure compliance is the use of the criminal justice system. The announcement in 2013 by the then Director of Public Prosecutions, Keir Starmer, of a policy of increasing rates of prosecution for tax evasion raised squarely the issue of whether increased involvement of criminal law and criminal justice in tax evasion would be justifiable or not. The relationship between tax evasion and the proceeds of crime is taking on increasing importance: treating the 'proceeds of criminal tax evasion' as falling within the 'proceeds of crime' regime inevitably expands the scope of both. In this book, Peter Alldridge considers the development of the offences and the relationship between tax evasion offences and other criminal offences; the relevant rules of evidence; prosecution structures, decision-making processes, and alternatives to prosecution. Specific topics include offshore evasion and the relationship of tax evasion with other crimes and aspects of the criminal justice system. A topical and lively discussion of a heated debate.