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LATEST NEWS UPDATES | Govt offers thesis on slush cash

Govt offers thesis on slush cash

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published Published on Feb 10, 2011   modified Modified on Feb 10, 2011
The Centre today promised a “comprehensive study” to gauge black money but told the Supreme Court it couldn’t reveal information on such cash stashed abroad because of “confidentiality” clauses in overseas pacts.

The government explained its stand in an affidavit in the Supreme Court, which had earlier rapped it for not doing enough to deal with the menace.

The National Institute of Public Finance and Policy, the National Institute of Financial Management and the National Council of Applied Economic Research will conduct the study to get a more accurate picture of the black-money problem and its many ramifications for national security.

The government quoted a study by the National Institute of Public Finance and Policy that estimated unaccounted money in 1983-84 between Rs 31,584 and Rs 36,786 crore. However, the figure was based on several questionable assumptions, the government said, adding it hoped to get an accurate estimate from the fresh study.

The “confidentiality” clauses that prevented sharing on overseas bank accounts lay in double-taxation avoidance agreements (DTAA) signed with several countries.

“Provisions of DTAA are international arrangements which have to be honoured so that India is perceived as a co-operative jurisdiction.”

Exemptions on sharing such information are also provided under the IT Act and Article 253 of the Constitution. “The information is also exempt under Section 8(1)(f) of the Right to Information Act, 2005,” said the affidavit, filed by Anoop Kumar Srivastasa, joint secretary in the finance ministry.

The government, however, appeared to hold out hope for more transparency in the future, saying it had initiated the process of negotiations for relaxing the confidentiality clauses under DTAAs with 65 nations.

In fact, negotiations with 10 countries have been completed, the affidavit said, adding 13 new DTAAs have also been finalised, the affidavit said.

Tax-information exchange agreements have been signed with 10 countries, including black-money havens Bahamas, Bermuda, British Virgin Islands, Isle of Man, Cayman Islands, Jersey, Monaco, St Kitts and Nevis, Argentina and Marshall Islands.

Provisions for unearthing black money have also been proposed in the Direct Taxes Code Bill.

Under the provisions, taxable assets will include deposits in banks located outside India for individuals. For organisations, it will include stakes in foreign trusts and other entities.

The affidavit also highlighted the action taken so far. Payments received by Indian citizens from several countries are being scanned by income-tax authorities.

Over Rs 15,000 crore in unaccounted money has been unearthed in search and raids conducted by income-tax officials over the past year and a half.

The government urged the apex court to throw out a petition filed by some leading activists, such as Ram Jethmalani and others, demanding judicial intervention against black money. The petition should be dismissed with costs to be paid by those who have filed the plea, the affidavit said.

The Telegraph, 10 February, 2011, http://www.telegraphindia.com/1110210/jsp/nation/story_13562333.jsp


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