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Saturday, 13 December 2014

SIT pushes for cash curbs to check black money


SIT pushes for cash curbs to check black money

‘Rs 4,479 crore inHSBC-list accounts’

  • The Central Board of Direct Taxes has directed officers to finalise the assessments for all actionable cases (427) that figure on the HSBC list received by the I-T Dept, says the SIT report
  • The amount involved in these cases is Rs 4,479 crore
  • Of these, the department has finalised assessment of 79 cases
  • The authorities are also probing cases involving unaccounted wealth of Rs 14,957.95 cr within India
Sanjeev Sharma
Tribune News Service
New Delhi, December 12
Mandatory disclosure of PAN cards on purchase of goods over Rs 1 lakh in cash, curbs on holding cash and checking wrong invoicing and bogus bills are some of the recommendations for taking action to control black money by the Special Investigation Team (SIT) headed by Justice MB Shah. These form part of the second report of the Special Investigation Team (SIT) on black money, which was recently submitted by the SIT to the Supreme Court. The SIT in its report signed by Shah and Vice-Chairman Justice Arijit Pasayat has said appropriate directions may be issued to the Centre for implementation of these recommendations made above so that substantive result could be achieved in curbing the menace of black money and stashing thereof in foreign tax havens. The report says at present purchase or sale of goods/services by cash is rampant, which undoubtedly utilises and generates unaccounted money in society. For this purpose, a suitable rule is required to be brought under IT Rule 114 B made under Section 139 A (5) of the IT Act. By such amendment, purchaser is required to disclose his identity either by PAN number or Aadhar card or any other centrally recognised documents of identity for payments above Rs 1 lakh. It is suggested that for regulating the possession and transportation of cash, particularly putting a limitation on cash holdings for private use and including provisions for confiscation of cash held beyond prescribed limits, provision in the Act should be made. “To ensure that small transactions, which make a bulk of common man’s daily transactions, are not affected, a threshold limit could be kept,” it said. Further, for holding cash/currency notes, there should be a limit, by prescribing a reasonable threshold, may be Rs 10 lakh or Rs 15 lakh. This would control holding of unaccounted money to a large extent. This would also control transfer of unaccounted cash from one destination to other, the report said. The SIT has said it is established that over-invoicing or under-invoicing is a known method for stashing black money outside the country. If there is proper vigilance by the Customs Department, misinvoicing can be controlled. Further, it notes that it is of utmost necessity to curb the creation of fake/bogus bills. One important step which can be taken to curb this menace is to make declaration of PAN number mandatory for all sales, where payment is in cash or through bank, above Rs 1 lakh. The Financial Action Task Force on money laundering recommends “tax crimes” to be made a predicate offence so that action can be taken under the Prevention of Money Laundering Act, 2002. There are more than 25 countries in the world which have made “tax crimes” as a predicate offence. The Foreign Exchange Management Act, 1999 (FEMA), provides for confiscation of any property held abroad, if found to be held in violation of Section 4 of the Act. For various reasons, it is difficult to proceed against property held abroad..

THE TRIBUNE,CHANDIGARH