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        Case ID :

        Decline in amount of black money in foreign banks

        July 20, 2016

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        While there is no official estimation regarding black money of Indians stacked in Swiss banks, recent media reports have quoted Zurich based Swiss National Bank as saying that money held by Indians in Swiss banks has fallen by nearly one-third. These reports also say that the funds, described by Swiss National Bank as ‘liabilities’ of Swiss banks or ‘amounts due to’ their clients, are the official figures disclosed by the Swiss authorities and do not indicate to the quantum of alleged black money held by Indians in Switzerland.

        The Government has taken several steps to effectively deal with the issue of black money, particularly black money stashed away abroad. Such measures include policy-level initiatives, more effective enforcement action on the ground, putting in place robust legislative and administrative frameworks, systems and processes with due focus on capacity building and integration of information and its mining through increasing use of information technology. Recent major initiatives in this regard include – (i) Constitution of the Special Investigation Team (SIT) on Black Money under Chairmanship and Vice-Chairmanship of two former Judges of Hon’ble Supreme Court, (ii) Enactment of a comprehensive law – ‘The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015’ which has come into force w.e.f. 01.07.2015 to specifically and more effectively deal with the issue of black money stashed away abroad, (iii) Constitution of Multi-Agency Group (MAG) consisting of officers of Central Board of Direct Taxes (CBDT), Reserve Bank of India (RBI), Enforcement Directorate (ED) and Financial Intelligence Unit (FIU) for investigation of recent revelations in Panama paper leaks, (iv) Proactively engaging with foreign governments with a view to facilitate and enhance the exchange of information under Double Taxation Avoidance Agreements (DTAAs)/Tax Information Exchange Agreements (TIEAs)/Multilateral Conventions, (v) According high priority to the cases involving black money stashed away abroad for investigation and other follow-up actions including prosecutions in appropriate cases, (vi) While focusing upon non-intrusive measures, due emphasis on enforcement measures in high impact cases with a view to prosecute the offenders at the earliest for credible deterrence against tax evasion/black money, (vii) Proactively furthering global efforts to combat tax evasion/black money, inter alia, by joining the Multilateral Competent Authority Agreement in respect of Automatic Exchange of Information (AEOI) and having information sharing arrangement with USA under its Foreign Account Tax Compliance Act (FATCA), (viii) Renegotiation of DTAAs with other countries to bring the Article on Exchange of Information to International Standards and expanding India’s treaty network by signing new DTAAs and TIEAs with many jurisdictions to facilitate the exchange of information and to bring transparency, (ix) Enabling attachment and confiscation of property equivalent in value held within the country where the property/proceeds of crime is taken or held outside the country by amending the Prevention of Money-laundering Act, 2002 through the Finance Act, 2015.

        This information was given by Minister of State for Finance Shri. Santosh Kumar Gangwar  in reply to a Rajya Sabha question.

        Black money abroad: strengthened law, enforcement and international information exchange to identify undisclosed foreign assets. Measures to address undisclosed foreign assets combine a specialised statute, strengthened enforcement and asset confiscation powers, and enhanced international information exchange. Institutional steps include multi agency investigation teams, capacity building and IT based data mining, renegotiation and expansion of DTAAs/TIEAs to international standards, participation in the Multilateral Competent Authority Agreement for Automatic Exchange of Information and FATCA arrangements to obtain foreign financial account information for enforcement and recovery.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Black money abroad: strengthened law, enforcement and international information exchange to identify undisclosed foreign assets.

                                Measures to address undisclosed foreign assets combine a specialised statute, strengthened enforcement and asset confiscation powers, and enhanced international information exchange. Institutional steps include multi agency investigation teams, capacity building and IT based data mining, renegotiation and expansion of DTAAs/TIEAs to international standards, participation in the Multilateral Competent Authority Agreement for Automatic Exchange of Information and FATCA arrangements to obtain foreign financial account information for enforcement and recovery.





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