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        Case ID :

        Unearthing of Black Money

        July 31, 2018

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        The Income-tax Department (ITD) takes appropriate action against black money which is an on-going process.  Such action under the Direct Tax laws includes searches, surveys, enquiries, assessment of income, levy of penalties and filing of prosecution complaints before criminal courts, wherever applicable.

        Moreover, recognizing the limitations of the Income-tax Act, 1961 etc. in dealing with black money stashed abroad, the Government of India enacted a comprehensive and a more stringent new law namely ‘The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015’ that has come into force w.e.f. 01.07.2015. It provides for separate taxation of undisclosed foreign income and assets. Most importantly, apart from providing more stringent provisions for penalty and prosecution, for the first time, this law has included the offence of wilful attempt to evade tax etc. in relation to undisclosed foreign income/assets as a Scheduled Offence under the Prevention of Money-laundering Act, 2002 (PMLA).

        The details of prosecution proceedings initiated by the ITD under the relevant provisions of the Income Tax Act, 1961, during the last three F.Y.s are as under:-

        Financial Year

        No. of cases in which prosecution complaints filed

        Cases compounded

        No. of persons convicted

        1

        2

        4

        5

        2015-16

        552

        1019

        28

        2016-17

        1252

        1208

        16

        2017-18

        4527

        1621

        68

        The details of search & seizure and surveys conducted by the Income Tax Department in the last three F.Y.s are as under:

        Search and seizure:

        Financial Year

        Number of groups searched

        Total assets seized (In Rs. crore)

        Undisclosed income admitted u/s 132(4) of the Income-tax Act, 1961 [in Rs. crore]

        2015-16

        447

        712.32

        11226

        2016-17

        1152

        1469.62

        15497

        2017-18*

        581

        997.17

        15755

        *Figures are provisional

        Surveys:

        Financial Year

        No. of surveys conducted

        Undisclosed income detected (in Rs. crore)

        2015-16

        4428

        9700

        2016-17

        12520

        13690

        2017-18

        13547

        9638

        This was stated by Shri Shiv Pratap Shukla, Minister of State for Finance in written reply to a question in Rajya Sabha.

        Undisclosed foreign income and assets now face separate taxation and PMLA scheduled offence designation with stricter penalties. The Income tax Department pursues black money via searches, surveys, assessments, penalties and prosecutions. The Black Money (Undisclosed Foreign Income and Assets) Act, 2015 imposes separate taxation on undisclosed foreign income/assets, strengthens penalties and prosecution, and treats wilful tax evasion concerning such assets as a scheduled offence under the Prevention of Money laundering framework. Yearwise enforcement data for 2015-16 to 2017-18 on prosecutions, search and seizure outcomes and surveys are reported to demonstrate enforcement activity.
                        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.

                              Undisclosed foreign income and assets now face separate taxation and PMLA scheduled offence designation with stricter penalties.

                              The Income tax Department pursues black money via searches, surveys, assessments, penalties and prosecutions. The Black Money (Undisclosed Foreign Income and Assets) Act, 2015 imposes separate taxation on undisclosed foreign income/assets, strengthens penalties and prosecution, and treats wilful tax evasion concerning such assets as a scheduled offence under the Prevention of Money laundering framework. Yearwise enforcement data for 2015-16 to 2017-18 on prosecutions, search and seizure outcomes and surveys are reported to demonstrate enforcement activity.





                              Note: It is a system-generated summary and is for quick reference only.

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                              ActsIncome Tax
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