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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.
About the Book This book is an easy reference and how to do guide for handling prosecution matters under the Income-tax Act, 1961 and GST Laws. This book would be of immense help to Chartered Accountants and other tax practitioners who generally do not practice before the trial courts. It covers the journey of prosecution provisions and how it evolved over a period of time. Testimonials “This is very timely and much needed guidance for practitioners, in-house counsels and students alike. Gagan does a great job in tracing the legislative history, judicial precedents and applicable statutes in relation to tax prosecution in a lucid manner.” Abhishek Chawla Tax Director- Xerox Corp, USA “To write about a complicated subject like prosecution under income tax law, that too in a clear, lucid and authoritative manner, in itself is an achievement. It is indeed heartening to see the seamless manner in which this complex web of Criminal Procedure Code and Income-tax Act, 1961 has been emancipated by the author.” Sunil Gupta Ex-IRS & Joint Secretary (TPL) CBDT, Ministry of Finance, New Delhi “The book demystifies in clear simple language a complex piece of domestic legislation all ably put in spotlight.” Girish Punwani Direct Tax (GM), Maruti Suzuki Inida Limited.
What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms. Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
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 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
A groundbreaking exposé of racism in the American taxation system from a law professor and expert on tax policy NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR AND FORTUNE • “Important reading for those who want to understand how inequality is built into the bedrock of American society, and what a more equitable future might look like.”—Ibram X. Kendi, #1 New York Times bestselling author of How to Be an Antiracist Dorothy A. Brown became a tax lawyer to get away from race. As a young black girl growing up in the South Bronx, she’d seen how racism limited the lives of her family and neighbors. Her law school classes offered a refreshing contrast: Tax law was about numbers, and the only color that mattered was green. But when Brown sat down to prepare tax returns for her parents, she found something strange: James and Dottie Brown, a plumber and a nurse, seemed to be paying an unusually high percentage of their income in taxes. When Brown became a law professor, she set out to understand why. In The Whiteness of Wealth, Brown draws on decades of cross-disciplinary research to show that tax law isn’t as color-blind as she’d once believed. She takes us into her adopted city of Atlanta, introducing us to families across the economic spectrum whose stories demonstrate how American tax law rewards the preferences and practices of white people while pushing black people further behind. From attending college to getting married to buying a home, black Americans find themselves at a financial disadvantage compared to their white peers. The results are an ever-increasing wealth gap and more black families shut out of the American dream. Solving the problem will require a wholesale rethinking of America’s tax code. But it will also require both black and white Americans to make different choices. This urgent, actionable book points the way forward.
Offshore reveals how the vast network of unregulated financial centers—from Luxemburg to the Cayman islands to the tiny Pacific haven of Nauru— amount to a nether realm of drug and arms trade profits, enormous private accounts, and multinational corporate financial holdings. Delving into the scandals, the financial structure, and the history of this hidden side of globalization, sociologist Alain Deneault depicts something larger and more ominous than simple “tax havens” where financial elites and corporations must reside X days out of every calendar year to protect their earnings. Instead, Offshore describes a global base of operations from which massive criminal enterprises and corrupt corporations operate freely and with impunity, menacing developing nations and advanced democracies alike.
Experts discuss strategies for curtailing tax evasion