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Income tax launches over 200 prosecutions in Panama & HSBC cases
By TII News Service
Jan 09, 2017 , New Delhi

    

THE Income Tax investigation into cases revealed in 'Panama Papers leaks' has led to detection of substantial amounts of deposits in these foreign accounts. Investigations have led to filing of 55 prosecution complaints in 24 such cases. A high level Multi-Agency Group (MAG) has been constituted for the purpose. So far, the MAG has submitted 5 reports to the Government.

Investigations based on information received from French Government on Indians holding bank accounts in HSBC bank in Switzerland has resulted into detection of considerable amount of undisclosed income. Concealment penalty of about Rs 1282 crores has also been levied in 159 cases and 164 prosecution complaints have been filed in 75 cases.

Indo-Swiss Exchange of Information

India and Switzerland have an exchange of information relationship under the Indo-Swiss Double Taxation Avoidance Agreement (DTAA) and the Indian Competent Authority regularly pursues all the outstanding cases with Switzerland.

As fighting the menace of Black Money stashed in offshore accounts has been a key priority area for this Government, to further this goal, the Indian Prime Minister met with the Swiss President at Geneva on 6th June 2016 and discussed the need for expeditious exchange of information for combatting tax evasion together with an early start to negotiations on the Agreement for Automatic Exchange of Information. As a follow up, India’s Revenue Secretary and Switzerland's State Secretary for International Financial Matters met in New Delhi on 15.06.2016 and agreed to move towards an early agreement for the implementation of AEOI between the two countries. It was also decided that experts of both the countries will meet to further discuss the modalities for the reciprocal bilateral implementation of AEOI between India and Switzerland with a view to reaching an agreement at the earliest, possibly by the end of the year. This meeting was conducted on 5-6th September 2016. The experts from both the sides agreed for the early implementation of AEOI.

Automatic Exchange of Information (AEOI)

Automatic Exchange of Information is systematic and periodic transmission of "bulk" taxpayer information by the source country to the residence country, which is possible under most of the DTAAs and Multilateral Convention on Mutual Administrative Assistance in Tax Matters.

On 3rd June 2015, India joined the Multilateral Competent Authority Agreement (MCAA) on Automatic Exchange of Financial Account Information (AEOI) under the Common Reporting Standard (CRS) based on the provisions of the Multilateral Convention on Mutual Administrative Assistance in Tax Matters (Multilateral Convention). The AEOI standards are very wide in scope and oblige the treaty partners to exchange wide range of financial information after collecting the same from financial institutions in their country/jurisdictions including information about the ultimate controlling persons and beneficial owners of entities. Till now, 84 countries have signed MCAA for AEOI. 101 countries have committed for AEOI. From 2017 onwards, 54 countries will start exchanging information automatically. And from 2018 onwards, it is expected that another 47 countries will start exchanging information automatically.

 
 
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