Centre gets Rs 6,000 crore as tax on stashed cash

March 18, 2017

New Delhi, Mar 18: Vice-chairman of the special investigation team (SIT) on black money, Justice Arijit Pasayat, said on Friday that after demonetisation, the Centre has collected around Rs 6,000 crore as tax on unexplained cash deposits so far, and the amount could go up.

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Tax authorities sought explanation from individuals, who deposited substantial amount of cash after demonetisation of Rs 500 and Rs 1,000 notes, either in their own account or in the name of others.

Many later agreed to avail the amnesty scheme which earlier allowed compounding by payment of 60% of the deposits as tax, now hiked to 75%.

"Tax authorities have so far collected around Rs 6,000 crore," said Pasayat, who with SIT chairman Justice M B Shah supervises the drive against black money by the CBI, Enforcement Directorate, Central Board of Direct Taxes and other agencies.

The SIT VC refused to hazard an estimate of tax that would be collected from unexplained cash deposits as a fallout of demonetisation but exuded confidence that the amount could be substantial. He said that in the first phase of the post-demonetisation drive against black money, focus was on cash deposits of Rs 50 lakh or more.

Emails and SMSes have been sent to all such depositors. Many opted to avail the amnesty schemes for compounding by paying up the stipulated steep tax. As an example, he said in a state like Odisha, generally considered poor, there were thousands who responded to such emails and SMSes.

"As many as 1,092 people, who had deposited over Rs 50 lakh, have not yet responded to notices," he said outlining the massive task the tax authorities face in examining each and every case of unexplained cash deposited.

"The authorities, while examining the huge bank deposits, will finally have to come down to the macro level at some point of time to examine sudden huge deposits of cash in even Jan Dhan accounts. The exercise will be tedious and time consuming. But the tax authorities are determined to undertake this workload," he said.

Businessmen, who made huge deposits, have been asked to submit balance sheets of last three years along with income tax declarations for every year.

"The onus is on those who have deposited huge cash to explain the source," he said. The authorities have been asked to be very strict with government officials who have deposited large amounts as the entire unexplained money deposited by them would be confiscated given the applicability of Prevention of Corruption Act.

"A divisional forest officer (DFO) in Odisha has deposited Rs 2.5 crore in cash. How could he explain the source? It has to be confiscated as it could be nothing except a bribe," he said. On Panama papers, which gave over 500 names of Indians and NRIs who floated offshore shell firms for tax evasion via law firm Mossack Fonseca, Pasayat said notices were issued to all but more than 200 refused to respond. "Authorities have launched prosecution against 45 people," he said.

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March 15,2024

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Bengaluru: Prime Minister Narendra Modi would formally kickstart the BJP's Lok Sabha election campaign in Karnataka on Saturday from Congress President Mallikarjun Kharge's home turf— Kalaburagi.

He is scheduled to address a mega public meeting at the district headquarters town's N V Ground at 2 pm.

Kharge, who had represented Kalaburagi (Gulbarga Lok Sabha segment) twice in the past, lost to BJP's Umesh Jadhav by a margin of 95,452 votes in the 2019 general elections here— the octogenarian leader's first electoral loss in his political life spanning several decades.

BJP has once again fielded Jadhav from the segment.

Speculations are rife that the Leader of Opposition in Rajya Sabha, who has the role of managing the party nationally and coordinating with the opposition I.N.D.I.A bloc, may not contest the coming polls and, instead, the Congress is likely to field his son-in-law Radhakrishna Doddamani, a businessman, who also manages educational institutions.

On March 18, Modi will be in Shivamogga, the home district of veteran BJP leader B S Yediyurappa, and is scheduled to address a huge public meeting at 2 pm.

Yediyurappa's son B Y Raghavendra is the sitting MP from Shivamogga and has been re-nominated by the party. Yediyurappa's other son B Y Vijayendra, who represents Shikaripura assembly constituency in the district, is the state BJP President.

BJP has announced candidates for 20 seats in the State, which has a total of 28 constituencies.

After being ousted from power by the Congress in the 2023 Assembly polls, the BJP now is making a strong bid to regain the lost ground in Karnataka.

The BJP won 25 out of total 28 seats in the previous elections, and had ensured the win of a party supported independent candidate in Mandya. The then ruling Congress-JD(S) alliance had come a cropper winning just one seat each.

It is a role reversal of sorts for JD(S), which joined the NDA last September and has forged an electoral alliance with the BJP. The regional party is expected to contest in three seats— Mandya, Hassan and Kolar.

Sharing details of Modi's visit, state BJP General Secretary Sunil Kumar on Wednesday said BJP National President J P Nadda, Union Home Minister Amit Shah, Chief Minister of Uttar Pradesh Yogi Adityanath along with other leaders will visit different Lok Sabha constituencies for campaigning in the coming days.

Speaking about the party's poll preparations, he said: "We have divided 28 Lok Sabha constituencies into eight clusters for Lok Sabha elections. Keeping in view the local political and geographical background, programmes and strategies are being worked out in those eight clusters."

Several senior leaders including Shah and Nadda have already visited one of these clusters, Kumar said, adding, "Workers' convention, well-wishers' contacts have been made and election preparations are on in all these eight clusters. In the second phase, large public meetings will be held."

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March 22,2024

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New Delhi, Mar 22: The Aam Aadmi Party has made it clear that Arvind Kejriwal will remain the Delhi Chief Minister despite his arrest in the liquor policy case. While no law would stop the AAP leader from running the state from prison, the jail guidelines would make it extremely difficult.

Kejriwal was arrested yesterday by the Directorate of Enforcement (ED), following his avoidance of nine summons issued by the investigative agency in relation to the Delhi liquor policy case. 

The decision to apprehend Kejriwal transpired shortly after the High Court's denial of protection from arrest. With this development, Kejriwal becomes the second opposition Chief Minister to face arrest by the ED within a span of fewer than two months, following Jharkhand Chief Minister Hemant Soren's similar fate in January 2024 due to allegations in a graft case. Subsequently, Hemant Soren was replaced by his party colleague, Champai Soren.

Delhi government minister Atishi declared shortly after Kejriwal's arrest that he would not step down from his position. However, the legality and feasibility of a detained Chief Minister continuing to fulfill official duties warrant examination.

A former law officer of Delhi's Tihar Jail says that an inmate can only hold two meetings in a week, which would make it difficult for Mr Kejriwal to carry out his responsibilities as Chief Minister.

Can he run government from prison?

While theoretically plausible, governing from detention presents logistical challenges. However, there exists no explicit prohibition against a Chief Minister conducting official responsibilities while under arrest. Disqualification only occurs upon conviction.

The Representation of the People Act, 1951 outlines disqualification provisions for specific offenses, necessitating a conviction for those holding office.

Will centre impose president’s rule?

Constitution expert SK Sharma told TOI that there exists no specific legal provision mandating the automatic resignation of a state's Chief Minister upon arrest. He cited the example of former Bihar CM Lalu Prasad Yadav, who appointed his wife Rabri Devi as CM during his arrest. "Former Bihar CM Lalu Prasad Yadav made his wife Rabri Devi the CM of the state when he was arrested. More recently, Hemant Soren in Jharkhand also resigned. Calling cabinet meetings in the jail or review meetings with officials in his cell does not seem practical," said Sharma.

Sharma further indicated that if AAP persisted in retaining Kejriwal as CM, it could lead to a deadlock, potentially prompting the Centre to impose President's rule in Delhi.

What may happen next?

Despite AAP's unwavering stance on Kejriwal's continuation in office, internal sources say that potential successors, including Atishi and health minister Saurabh Bharadwaj. Atishi, known for her extensive portfolio and close ties to Kejriwal, alongside Bharadwaj, a prominent minister with significant responsibilities, emerged as likely contenders. Additionally, sources speculated about the surprise candidacy of Kejriwal's wife, Sunita, given her background as a revenue services officer and active involvement in party affairs.

However, finding a successor of comparable stature to Kejriwal, a national convener of the party and three-time Delhi CM, presents a formidable challenge for AAP.

Role of Delhi's Lieutenant Governor

Delhi's unique power structure, featuring an elected Chief Minister and a Lieutenant Governor appointed by the Centre, presents a complex scenario. Kejriwal's ability to continue as CM hinges on legal relief, failing which the Lieutenant Governor can seek Presidential intervention, potentially leading to the imposition of President's rule.

Recent cases demonstrate how denial of bail can compel resignation, highlighting the precarious position of arrested officials.

In light of these developments, the Lieutenant Governor could invoke 'failure of constitutional machinery' to justify President's rule, thereby bringing the national capital under direct Union government control until the end of the current Assembly's tenure in February 2025.

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March 19,2024

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New Delhi, Mar 19: The Supreme Court today came down heavily on Patanjali Ayurved for failing to respond to a contempt notice for issuing misleading advertisements and ordered yoga guru Ramdev to appear before it.

A bench of Justices Hima Kohli and Ahsanuddin Amanullah also summoned Patanjali managing director Acharya Balkrishna.

The Supreme Court last month pulled up Patanjali for prima facie violation of its assurances about its products and statements claiming their medicinal efficacy. The court had issued a notice to Patanjali and Balkrishna, asking why contempt proceedings should not be initiated against them.

It noted today that Patanjali did not file a response even though it had held a press conference after its previous order. "Why haven't you filed your response yet? We will ask the managing director to appear in the court during the next hearing," the court said.

The order states both Ramdev and Balakrishna were prima facie in violation of Sections 3 and 4 of the Drugs and Remedies Act, which deal with misleading ads of medicines.

The court also issued a contempt notice to Ramdev, co-founder of Patanjali, and asked him to explain why he should not face action for contempt of court.

Senior lawyer Mukul Rohatgi, appearing for Patanjali Ayurved, opposed the move and sought to know, "How Ramdev comes into the picture?"

"You are appearing. We will see on the next date. Enough," the court replied.

"We had our hands tied earlier but not now. As an officer of the court, you (Mr Rohatgi) should know your position," said Justice Amanullah.

The court was hearing a petition by the Indian Medical Association (IMA) alleging a smear campaign by Ramdev against the vaccination drive and modern medicines.

On February 27, it had issued a contempt notice to Patanjali and cautioned them against from making any statements against any system of medicine in the media. It had also pulled up the centre for not taking action and said they were sitting with their eyes closed.

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