Since we had discussed lot of things on the board, I am posting this message 
for the knowledge of group members.
With regards,
Anil

--- On Wed, 3/4/09, Milap Choraria <[email protected]> wrote:

From: Milap Choraria <[email protected]>
Subject: [rti-times] Obama administration backs Congress tax haven crackdown, 
while, in India, public authorities, are misusing Section 24 of RTI Act, 2005. 
Why?
To: [email protected]
Cc: "Her Excellency President of India Smt. Pratibha Devisingh Patil" 
<[email protected]>, "K.C Jayarajan" <[email protected]>, 
"Hon'ble Prime Miister of India Dr. Man Mohan Singh" <[email protected]>, 
[email protected], "Hon’ble Chief Justice of India Mr K G Balakrishanan" 
<[email protected]>, [email protected], "Shri P. Chidambaram, 
Home Minister of India" <[email protected]>, [email protected], 
[email protected], [email protected], [email protected], 
[email protected], [email protected], [email protected], "Smt. 
Sonia Gandhi" <[email protected]>, [email protected], 
[email protected], [email protected], [email protected], [email protected], 
[email protected], [email protected], [email protected], 
[email protected], [email protected], [email protected], 
[email protected], [email protected], [email protected], 
[email protected], [email protected],
 [email protected], [email protected], [email protected], 
[email protected], [email protected], [email protected], 
[email protected], [email protected], "Serious Fraud 
Investigation Office" <[email protected]>
Date: Wednesday, March 4, 2009, 1:18 AM













Obama administration backs Congress (USA Parliament) tax haven crackdown, 
whereas, India being a Member of G20, not ready to adopt similar importnat 
policy, because of Powerful politicains from India, are alleged to have huge 
Black Money, in Foreign Banks including Swiss Banking System. Resultantly, my 
constant RTI Applications producing Zero Results, rather Government misusing 
the Section 24 of RTI Act, 2005. I have been kept updated about recent 
development in USA by "jaya kamlani" and my Freind from USA Mr. Babulal 
Banthia:-
   
The Obama administration on Tuesday endorsed legislation to crack down on 
offshore tax havens, raising the stakes in a showdown between the United States 
and bank-secrecy nations such as Switzerland. 
  
"It also sends a strong signal to tax havens that this administration is not 
going to tolerate the kind of offshore tax abuses that have been draining $100 
billion a year from the U.S. Treasury," Levin said in a statement. 
  
He asked Geithner to join other nations "calling for action to be taken at the 
G20 meeting in April to clamp down on offshore secrecy jurisdictions that 
impede tax enforcement." The global economic crisis is expected to dominate the 
meeting of the Group of 20 major developed and emerging economies. 
  
The U.S. government last month widened its legal assault on tax dodgers with 
secret offshore accounts by suing Swiss banking giant UBS AG to try to obtain 
the names of thousands of its rich U.S. clients. Complete News is posted at: 
http://news.yahoo.com/s/nm/20090304/pl_nm/us_usa_taxhavens



 

Whereas, in continue to my efforts against Huge Black Money in Swiss Banking 
Systems, through my representation dated 11.11.2008, submitted before Her 
Excellency President of India and others  interalia that:
“My aforesaid News was high lighted by Times of India , as its Leading News 
Item, only when the same was hijacked by Transparency International India 
Chapter, Chairman Mr. Tehliani.   
I was one who listen speech during CIC Convention in which Dr. Man Mohan Singh 
argued for balanced approach under Right to Information Act, 2005. I have made 
several applications to know that what initiatives have been taken by Indian 
Government to unearth black money in Swiss Banking System or alike systems. But 
reply shows that Government is not accountable to do ant thing on this issue. 
This shows that Indian Government contrary to USA , is engaged to protect the 
huge black money of powerful politicians, bureaucrats, wrong doers and 
mafias. Whether this was the one of the reason for such arguments by Prime 
Minister Dr. Man Mohan Singh to take balanced approach under Right to 
Information Act, 2005?    
Therefore, I want to know that would Government of India could spell out that 
what sincere efforts are going to be taken by Indian Government to unearth huge 
black money deposited in Swiss Banks? This is more important in consideration 
of the fact that one page Advertisement published last year in the NewYork 
Times claimed that 2 Billions Dollars are deposited on behalf of one of the 
Prime Minister of India in Swiss Bank Account.      
I hope that under Supervision of the Her Excelency President of India and Prime 
Minister of India some thing positive results must be seen by Indian Public, on 
this particular issue.”   
  
That aforesaid detailed representation was transferred by the President to 
Revenue Department, which finally reaches to Enforcement 
Directorate. Directorate through a Private Email Provider replied that “The 
requisite information/documents cannot be provided by the Directorate of 
Enforcement, as this Directorate has been exempted under Section 24 read with 
the Second Schedule of the Right to Information Ac, 2005.” 
  
>From the aforesaid reply few questions may required to be answered by the 
>Directorate whether Government is not misusing Section 24 of the RTI Act, 
>2005? which provided in amply clear that “Provided that the information 
>pertaining to the allegations of corruption and human rights violations shall 
>not be excluded under this sub-section” and "Whether any money deposited in 
>Swiss Banks without the knowledge of the Government Authority is not covered 
>within the meaning of the “Corrupt Practice”?, and 
  
"Whether Government is not engaged to protect the huge black money of big 
politicians, created through corrupt means and deposited in Swiss Banking 
System or likewise in Banks of other countries"? 


TRUTH SHALL ALWAYS PREVAIL
Milap Choraria  Editor: Suchna Ka Adhikar / RTI TIMES
National Convenor : Movement for Accountability to Public (MAP) 
http://milapchoraria.tripod.com/msp http://rtitimes.net 
 

Indians in US have to disclose offshore accounts
4 Mar 2009, 1020 hrs IST, Deepshikha Sikarwar, ET Bureau (Economic Times) 
  
NEW DELHI: For Indian tax authorities, who have so far not mustered courage to 
ask taxpayers to disclose their bank accounts abroad despite speculation over 
Indians having huge deposits in Swiss banks, here’s something to take a cue 
from. 

The tax authority in the US has now made disclosure of offshore accounts 
mandatory even for non-resident individuals or corporates who have significant 
business in the country. This has ramifications for Indians working or having 
business interest in the US and also the subsidiaries of Indian companies 
registered there. 

Apart from bringing individual wealth into the open, the amendment would also 
increase the compliance costs of non-residents and companies working out of the 
US . 

“This amendment is likely to cover a large population of Indian IT and other 
professionals working in the US , who will have to file details of their bank 
accounts henceforth or face penalty. Indian companies doing business in the US 
would also need to be aware of and comply with this regulation,” said partner 
in Ernst & Young Amitabh Singh. Indians going on work visas like L-1 or H1B and 
short-term business travellers to the US would be required to declare their 
bank accounts in India . 
  
The Internal Revenue Service, the agency responsible for collection and 
administration of taxes in the US , has recently expanded the scope of a 
provision that makes it mandatory for residents to disclose their offshore 
accounts. The expanded regulation requires certain non-residents to declare 
their ‘financial account’ in a foreign country if the aggregate value of these 
accounts exceeds $10,000 (about Rs 5,00,000) at any time during the calendar 
year. 

However, artists, athletes, and entertainers, who are not citizens or residents 
of the US and occasionally visit the country to participate in exhibits, 
sporting events, or performances, are exempted from making this disclosure. 

Hitherto, the provision called report of foreign bank and financial account 
(FBAR), first introduced in October 2008, applied only to US citizens and green 
card holders. The measure is a part of the US government’s efforts to combat 
offshore tax evasion, but could increase cost of compliance for these entities, 
as the FBAR has to be filed separately and not with tax return. 
  
A financial account would include securities, securities derivatives, savings, 
demand, and checking deposit, an account identical to current account in India 
, used to securely and quickly providing frequent access to funds on demand but 
account balances in which do not fetch interest, or any other account 
maintained with a financial institution. Individual bonds, notes or stock 
certificates held by the filer are not covered under financial account. 

Failure to file an FBAR, can be onerous and result in civil penalties, criminal 
penalties, or both. The civil penalty amount could be as high as $1,00,000 per 
violation while criminal violation can result in a fine of up to $ 2,50,000 or 
five years in prison, or both. Countries across the world place various 
disclosure requirements on their citizens and other residents with a view to 
combating tax evasion. Individuals who live in the UK have to declare their all 
taxable income to tax authorities. Indian tax authorities amended the tax 
return form last year, making it mandatory for filers to disclose transactions 
such as property purchase or sale above Rs 30 lakh, credit card spend of over 
Rs 2 lakh, mutual fund investments of more than Rs 2 lakh and investment above 
Rs 5 lakh in RBI bonds, company equity or debentures.
Tax authorities have independent access to information on these transactions 
through annual information return, filed by third parties or entities such as 
banks, mutual funds, registrar of properties and others responsible for 
carrying out these transactions. However, disclosure of details of bank 
accounts held abroad in the tax return is still not required in India . A 
former chief commissioner of income tax, K V M Pai, recently made a 
recommendation to the Central Board of Direct Taxes to include a column in the 
tax return form seeking information on bank accounts in foreign countries.



      
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