CBDT is trying to complete this investigation early so that other investigative agencies can speed up their investigation. The Central Board of Direct Taxes (CBDT) is currently investigating on these cases in the Foreign Exchange Management Act, as soon as the tax department begins filing criminal cases CBDT will have the basis to convert these cases into the Money Laundering Act.
CBDT after completing the investigation may file prosecution charges against these entities, to help other agencies to take action against those entities.
About 426 Indian companies with offshore accounts were under income tax department scrutiny in 2016. Over Rs, 1,000 crores of hidden income had been discovered by the department in Panama Papers alone, listing many famous personalities including KP Singh from DLF, Amitabh Bachhan, Aishwarya Rai, Sameer Gehlaut.
- Around 714 companies and individuals had been identified in the case of Paradise Papers that came to light in 2017
- Former state minister of Jharkhand Jayant Sinha is also named in this case who is a member of the Hazaribagh parliament in Jharkhand state.
Appleby, A Bermuda-based legal services provider and Asiaciti based in Singapore, disclosed much of the data on Paradise Papers which facilitated the establishment of low or zero tax rates on offshore firms.
Currently, CBDT is investigating these cases within the context of the Foreign Exchange Management Act. Once the tax department begins filing prosecution cases we have the basis to transform our case under the Money Laundering Prevention Act.
These cases are currently being investigated by the income tax department under the 2015 Black Money Act. Under this Act, if any person who is unable to justify the source of the funds in question will be required to pay a penalty of nearly 300 percent of the applicable tax liability on it.
These cases are not subject to domestic inquiry; the department is entirely dependent on foreign agencies for information. For the investigator as well as for the agency, therefore, setting a deadline for completing the investigation is not desirable.
Panama and the Paradise Papers mentioned only company names. Finding data from foreign agencies requires proper information that is not available to the department, thus slowing the investigation. Sometimes the department’s own machinery strikes down the request because the department has set unfulfilled SOPs.
Latest Updates
- Tax Compliance for NRIs Under the Income Tax Act, 1961: A GuideTax Compliance for NRIs Under the Income Tax Act, 1961: A Guide Non-Resident Indians (NRIs) are defined under the Foreign Exchange Management Act (FEMA) as Indian citizens residing abroad for employment, business, or other reasons, with the intention of an indefinite stay. For tax purposes under the Income Tax Act, 1961, […]
- Unlock Tax Savings: A Guide for NRIs on Lower or NIL TDS Certificates for Property Sales in IndiaA Comprehensive Guide for NRIs on Lower or NIL TDS Certificates for Property Sales in India For Non-Resident Indians (NRIs) planning to sell immovable property in India, understanding the tax landscape, particularly Tax Deducted at Source (TDS), is crucial. Many NRIs face hefty tax deductions that can strain cash flow, but […]
- Understanding the New Income Tax Regime’s Impact on Salaried EmployeesUnderstanding the New Income Tax Regime’s Impact on Salaried Employees The new income tax regime promises lower tax rates, a benefit that appeals especially to high-income earners looking to reduce their tax obligations. However, this benefit comes with a trade-off: reduced access to many traditional exemptions and deductions. Although taxpayers can […]
- New GST Rules: Key Self-Invoicing Updates for RCM – Effective Nov 1, 2024New GST Rules: Key Self-Invoicing Updates for RCM – Effective Nov 1, 2024 The Central Board of Indirect Taxes and Customs (CBIC) recently issued Notification No. 20/2024 – Central Tax on October 8, 2024, which introduces significant amendments to the Central Goods and Services Tax (CGST) Rules, 2017. Taking effect from […]
- GSTN Advisories October 2024: Essential Updates for Enhanced Compliance and System EfficiencyGSTN Advisories October 2024: Essential Updates for Enhanced Compliance and System Efficiency In October 2024, the Goods and Services Tax Network (GSTN) released several key advisories designed to streamline compliance and enhance the GST portal’s functionality. These updates address various compliance areas, including e-way bill (EWB) traceability, metal scrap transaction requirements, […]