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Tax information exchange agreements expand access to offshore financial data to curb cross border tax evasion and secrecy.
India uses Tax Information Exchange Agreements alongside bilateral tax treaties to obtain bank and financial information from low tax and secrecy jurisdictions where standard double taxation treaties offer no relief; these agreements, together with domestic anti avoidance measures, aim to close information gaps that facilitate concealment of offshore wealth and tax evasion. (AI Summary)
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Right of appeal under income tax law: hierarchical appellate route; revisions under distinct statutory powers with limited remedies.
The Income Tax Act grants a statutory right of appeal through a defined hierarchical scheme from Commissioner (Appeals) to the Appellate Tribunal, High Court and Supreme Court, subject to procedural filing requirements. Separate statutory revision powers vest in the Commissioner or Principal Commissioner: one to correct orders deemed erroneous and prejudicial to revenue (with Tribunal appeal available), and another to review records on application or suo moto provided any resulting order is not prejudicial to the assessee; where no statutory appeal exists from such revision, constitutional writ remedies remain available. (AI Summary)
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Money laundering: conversion of illicit proceeds into apparent legal funds, regulated to protect financial stability and deter abuse.
Money laundering is the process of converting proceeds of crime into apparently legitimate funds regulated by the Prevention of Money Laundering Act, 2002. The article explains the three operational stages-Placement, Layering and Integration-and outlines common methods including shell companies, real estate investment, cross border cash transfers and hawala systems. It stresses the macroeconomic harms of laundering, such as distortion of cash supply and volatility in interest and exchange rates, and the need for statutory prevention and enforcement to protect financial stability. (AI Summary)
Date 28 Jan 2021
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Controlled foreign corporation rules proposed to tax undistributed offshore passive income to prevent domestic tax erosion.
India currently lacks CFC rules, allowing resident-controlled foreign corporate entities in low-tax jurisdictions to retain passive profits offshore without owner-level taxation until repatriation, producing tax deferral and domestic revenue erosion. The article advocates adopting CFC legislation-as proposed in the Direct Tax Code-to tax undistributed passive income of resident-controlled foreign entities and align domestic law with international anti-avoidance standards. (AI Summary)
Laxminarayan WritersandPublishers
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Laxminarayan Writers & Publishers

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January 2021