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India targets tax evaders who hide 'black money' at home and abroad

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Delhi: Among the pledges that propelled Indian Prime Minister Narendra Modi to power a year ago was one to bring home millions of dollars of illicit money the country's super-rich had stashed abroad.

Trying to make good on his promise, his government has introduced a string of tough new measures in recent months designed to crack down on so-called "black money", fuelling panic among India's elite and growing numbers of millionaires.

The anxiety has deepened in recent weeks as a government-imposed tax payment deadline for those who have stashed their cash in foreign accounts approaches on September 30.

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Arvind Kejriwal, whose party swept into power in Delhi state on an anti-corruption platform this year. Photo: AP

The Associated Chambers of Commerce and Industry of India recently issued a statement denouncing the new law for creating "fear and panic" among industry leaders and trading professionals.

"People are uneasy and worried. The penalty and term of imprisonment are disproportionately high," said Nishith Desai, a corporate lawyer in Mumbai.

And industry experts say that the rich are frantically searching for new tax havens and other ways to skirt the law, which includes penalties of up to 10 years in jail.

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Indian guru Baba Ramdev has also campaigned against corruption. But gurus are under scrutiny as part of India's informal economy. Photo: AP

"The super-rich are becoming much more inhibited in their behaviour now. They are no longer posting pictures of their brand-new fancy watch or luxury car or expensive holiday on Facebook as readily as they did before," said Dilip Cherian, who heads the image consultancy Perfect Relations. "They are either buying with credit cards or buying luxury products in foreign countries."

No one knows for sure how much black money is hidden in India and overseas. But estimates range from $US400 billion ($578 billion) to over $US1 trillion ($1.445 trillion).

India's history as a socialist-leaning country unfriendly to business - with endemic corruption - meant that the country's rich routinely hid their wealth by hoarding cash, jewellery and expensive artwork or parking it in tax havens abroad. A World Bank estimate in 2010 said India's "shadow economy" accounts for over 20 per cent of its economic output. Only 3 per cent of the country pays income taxes.

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Indian Prime Minister Narendra Modi has vowed to hold those stashing money abroad to account, and made it a key part of his successful election campaign.Photo: Getty Images

Two years ago, the investigative portal Cobrapost conducted a sting on 28 top state-owned and private banks across India in which executives were filmed on hidden camera offering to channel vast sums of customers' unaccounted cash into the formal banking system.

Real estate is another common hiding place for untaxed money.

"Land is where Indian politicians and businessmen park the maximum amount of black money. About 30 per cent of all land transactions across India [are] done in cash," said Pankaj Kapoor, founder of the real estate research firm Liases Foras in Mumbai.

According to the election watchdog Association for Democratic Reforms, 80 per cent of the income of five national political parties comes from unknown sources.

"In the disclosures of our elected politicians, you can see the assets have grown but their income and income tax payment have not grown proportionately. How do you explain that?" asked Ramesh Padmanabhan, a senior chartered accountant in Bangalore.

Last month, police raided a government official's home in West Bengal and found $US3 million in cash stuffed under the mattresses, sofa, washing machine, refrigerator, television, false ceilings and toilet floor tiles. It took policemen 21 hours to count the money.

The government hopes to choke India's black money culture with measures that include mandatory tax number declarations for people shopping with large sums, linking biometric identity to every bank account, opening new payment gateways and promoting credit card use.

"The process of formalising the informal economy is underway in India," said Rajeev Chandrasekhar, an independent MP. "A lot of people who are used to an old model of doing business in India are uncomfortable today about the new scrutiny."

During his election campaign, Mr Modi made the claim that so much money was stashed overseas that if he repatriated it he could deposit nearly $US230,000 into the account of every poor person.

"The big fish must not get away," Indian Finance Minister Arun Jaitley said when the black money law passed in May.

But interviews with chartered accountants, tax officials and businessmen reveal that in recent months many of India's wealthy have found new ways around the scrutiny.

A favourite tactic, accountants said, is sending family members abroad for 182 days, after which time they become "non-residents" with foreign accounts and businesses where the family members can stash money.

An official in the tax department said that in the last few months, international companies have begun using a new mix of insurance products to mask and move this illegal money to locations like Dubai and Singapore, from where it can be brought into India legally.

The official, who spoke on the condition of anonymity because he was not authorised to speak to the media, said his department has noticed a 250 per cent jump in the number of shell companies being registered by what he called "Indian frontmen" in the tax-friendly city of Ras al-Khaimah in the United Arab Emirates.

In July, a special investigation team recommended new measures to curb black money, including laws to deter betting on cricket and closely monitoring donations to temples, gurus and their ashrams, many of which have storerooms stacked with gold.

There are doubts the program will be effective. In May, Ram Jethmalani, a lawyer and black money crusader, told the Supreme Court that Mr Modi's promise to bring back black money was "worse than an illusion" and a "fraud on the nation".

"They must bring in a significant amount of black money into the system like they promised. (Otherwise) people will soon begin to ask uncomfortable questions," said T. S. Ahluwalia, director of Dharamvir Exports, an exporter of farm products.

Already there is speculation that the September 30 deadline may be extended. So far, only one wealthy person has reported black money holdings and paid the tax and penalty.
India targets tax evaders who hide 'black money' at home and abroad
 
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saala tax dete dete pichhwaare se khaal nikal gayi, par govt ko aur chahiye.
aur ab pataa lagaa ki 97% maa ke l@()de tax nahi dete.
what did we do wrong ? why we are only victimised ??
i wish modi wud do sumthing about this.
 
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India’s farms report income greater than our GDP! Target them in the war on black money
The opposition is baying for the government’s blood over demonetisation and GST. The first is done and over with. But its effects are not yet over. The second has been modified to assuage large sections of the population.

The government continues to insist that demonetisation will help curb black money. Maybe it will. The money that has been put into bank accounts (since very few of high value notes got ‘impounded’ or cancelled by the government) will help the government track down accounts which saw a surge in deposits. That will enable the tax authorities to track down the sources of these deposits.


According to media reports, attributed to highly placed tax authorities, more than Rs 2 lakh was deposited in over 60 lakh bank accounts post-demonetisation. The total amount involved is over Rs 7.34 lakh crore. These accounts are now under scrutiny.

8 lakh or 60 lakh?

That may be so. However, there are good reasons to believe that the Finance Ministry could haul up bigger fish by just scrutinizing some 8 lakh accounts, instead of pursuing 60 lakh accounts.

These are the people who submitted agricultural income tax returns in 2011-2013 (see chart alongside). Watch the table closely. The total number of returns filed and which showed agricultural income surged from 425,085 in 2011, to 656,944 in 2011. This number climbed further in 2012 to 812,426 in 2012.

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But more astonishing is the amount of money involved. Collectively, the amount claimed as agricultural income was Rs 84,742 crore (average amount per assessee Rs 19.lakh) in 2010. If that made you gasp, watch the amount declared for 2011. It jumped to (hold your breath) Rs 19,971,098 crore (Rs 3,040 lakh average per assessee) in 2011. It did not stop at this level. It climbed further to Rs 67,431,358 crore (average Rs 8,300 lakh) in 2012.

The collective amount for the three years comes to an astounding Rs 86,486,197 crore (Rs 865 lakh crore). It is astounding, because the GVA (gross value added) for the country was only Rs 8,546,552 crore, Rs 9,084,369 crore and Rs 9,727,490 for 2010, 2011, and 2012, respectively. The total GVA for the three years together comes to Rs 27,358,411 crore.

What this means is that the total agricultural income filed with the IT authorities was three times the total GVA for the three years. If only 2011 and 2012 are taken into account, agricultural income declared was almost 5 times the GVA for those two years. Preposterous! That effectively means that agricultural income was even greater than India’s GDP or GVA! Unbelievable!

But that is what the numbers say. Some taxmen tried to pass this off as data-entry errors. But that is implausible. This is because any income over Rs 20 lakh has to be fed into the income tax servers directly by the assessees. If the figures are wrong, the assessees should be hauled up and penalised for wrongful entries. The entries should then be cancelled and treated as null and void. Else, they should be prosecuted and fined for concealment of income. Neither has happened. The Finance Ministry is silent about this. So are the income tax authorities.

In fact, the income tax on such declarations could be large enough to account for almost 100 years of total taxes collected. That could actually make Prime Minister Modi’s plan for giving money back to tax payers a reality.

The genesis

The genesis of these discoveries lies in a series of accidents. The first figure that emerged was a mind-boggling amount of Rs 2,000 lakh crore. This was almost two and a half times the Rs 865 lakh crore given in the table alongside. This figure emerged in an affidavit filed by a retired Income Tax (IT) officer -- Vijay Sharma.

He had filed an RTI (Right to Information) request with the income tax department for the amounts declared as agricultural income. He claimed that he had indicated an exponential increase in agricultural income from 2004 to 2013, touching a total of almost Rs 2,000 lakh crore for 6.57 lakh individual assessees in 2011. He then asked for the top 100 names of the people who had filed such returns.

His RTI request was denied. He then decided to file a public interest litigation (PIL) petition with the Patna High Court in Bihar. This matter was duly reported by media in March 2016. The court was supposed to hear the petition in April in that year itself. But the courts, too, have been silent on this matter.

Almost simultaneously, the income tax department gave out a different set of figures (see table 1) which was dutifully reported by the media.

At the same time, thanks to the PIL before Patna High Court, the CBDT – on 10 March 2016 -- sent out a circular to all its officers to verify details (LETTER F.NO.DGIT(S)/DIT(S)-3/AST/PIL MATTER/AGRICULTURAL INCOME/97/2015-16) A copy of this letter can be downloaded here. It confirmed that there had been a surge in agricultural-income returns. It also attempts to suggest a way to wriggle out of this mess.

And this brings us back to demonetisation. Remember, demonetisation involved just Rs 15.4 lakh crore. The total currency in circulation is under Rs 20 lakh crore. And Rs 865 lakh crore was many times these levels.

Why agricultural income?

Of course, the one question that automatically arises is – why is the focus on agricultural income so crucial? The reason is simple. Agricultural income is tax exempt, provided it is declared as agricultural income with the tax authorities. That has given rise to several theories. Someone possibly tipped off some of the most powerful people in India during 2010. Maybe, there was an amnesty scheme round the corner. Maybe, there was an assurance that no questions would be asked. But that is all pure speculation. But the numbers that appeared in the media, and through the tax authorities could not have been speculation. One cannot imagine the entire country getting into a speculative mood simultaneously, all of a sudden.

The tax-free nature of agricultural income has made this the favourite method many politicians are said to use to convert their illegally gotten wealth into legitimate income. That is why agriculture is often referred to as a laundromat. Some of the politicians have disclosed figures that defy reasoning. Even if the most productive field were to be used for growing the most lucrative crop, incomes of those levels would just not be possible.

Sadly, the income tax department – and the Finance Ministry – have kept silent on scrutinizing these returns. More painfully, even the judiciary has not asked questions. Had it done so, the PIL filed by Sharma would have been heard, and the truth would have come out. One way or the other, the ghost of huge agricultural incomes would have been put to rest.

Strangely, even the opposition parties have chosen to stay quiet about this.

I call this a collusive silence. Nothing makes sense for now.

So we return to the question everyone has been asking. Will demonetisation root out black money? Maybe, yes. But only if the problem of agricultural income is addressed first.
http://www.moneycontrol.com/news/bu...em-in-the-war-on-black-money-2437801.html/amp
@anant_s @Nilgiri
 
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saala tax dete dete pichhwaare se khaal nikal gayi, par govt ko aur chahiye.
aur ab pataa lagaa ki 97% maa ke l@()de tax nahi dete.
what did we do wrong ? why we are only victimised ??
i wish modi wud do sumthing about this.
You r talking about direct taxes which is only 5.47% of total tax collection... indirect toh sabhi dehte hain kake....
Modi ko mat yaad ker ... nai toh bhaiyon aur behno kerke petrol 100 rupee kerdega
 
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You r talking about direct taxes which is only 5.47% of total tax collection... indirect toh sabhi dehte hain kake....
Modi ko mat yaad ker ... nai toh bhaiyon aur behno kerke petrol 100 rupee kerdega
bhaiyyon behno (ending with asthmatic exhalation).....means something bad is going to happen.
 
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Not every farmer is poor and not every farmer is rich. But the general idea and perception is farmers are poor.
There are farmers who earns around 20-30 Lakhs / Year and yet do not pay taxes.
 
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