Government is contemplating to revise the tax treaties with partner countries to enable the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to use the data for prosecution of those who have stashed black money abroad. Treaty partner countries have been requested to modify the tax treaties, so as to explicitly include provisions that will enable information exchanged for tax purposes to be utilized for other purposes, including criminal proceedings in non-tax matters. 40 treaties for avoidance of double taxation have been revised accordingly. In addition, India has also signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which also similarly facilitates exchange of information. These developments enable use of such information by non-tax agencies, subject to agreement by the Competent Authorities of the Requested Contracting State.

All treaty partner countries have not agreed to the proposal. Since a bilateral treaty cannot be modified unless both treaty partners agree, it is not possible to provide any time frame for this purpose

This was stated by Shri Santosh Kumar Gangwar, Minister of State in the Ministry of Finance in written reply to a question in Lok Sabha today.

Use of exchanged tax information permitted for criminal prosecution after treaty revisions, subject to competent authority agreement. Treaty revisions seek to authorize use of information exchanged for tax purposes by non tax agencies for criminal prosecution, subject to agreement of the Competent Authority of the Requested Contracting State; 40 DTAs have been amended and India has signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, but bilateral amendment requires mutual consent and not all partners have agreed.