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Tracing black money: Modi Govt to inv...

Chalanachithram.com DB » New TF Industry Related » Archive through December 14, 2016 » Tracing black money: Modi Govt to invoke Benami law « Previous Next »
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Ringo_rangaswamy
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Posted on Thursday, December 15, 2016 - 08:41 am:       

Asmadeeyula aarthanadalu sravananandakaramu gaa unnaai
 

Lenin
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Posted on Monday, December 12, 2016 - 06:18 pm:       



Davdaa...e vyadhi ki mandedi

Na Lynch Syndrome ki, Bhaktula maladaptive day dreaming ki mandu eppudu istav?
Guntur, Hyderabad, Andhra, Telagana, Tamilnadu, Karnataka first....India last!!!
 

Teluguhero
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Posted on Monday, December 12, 2016 - 06:17 pm:       

http://economictimes.indiatimes.com/news/politics-and-nation /10-game-changer-laws/articleshow/55834786.cms

Five game-changer laws

Prime Minister Narendra Modi rode to power in 2014 on the promise of fast-tracking the economy. 2016 did see him at work. The government passed a slew of laws which were game-changers due to their potential to bring in investment, spur growth, enable various actors, smooth processes and discourage wrong-doings. Here is a list of laws that can impact the economy in both near and long terms in radical ways:

The Aadhaar (Targeted Delivery of Financial and other Subsidie ..

For long, Aadhaar was obstructed as it was believed to violate fundamental rights by impinging on privacy. It was feared as a crypto-mass-surveillance tool for the Big Brother government. However, it is now going to become the biggest vehicle for public welfare. When the government introduced it as a money bill, many thought it was a strategy to bypass Rajya Sabha where the government is in minority. Actually, by branding Aadhaar as a money bill, the government defined its primary objectiveâtransfer of subsidies and other financial benefits, and rendered the privacy concerns secondary. The clause that prevents use of Aadhaar data for any other purpose addresses the privacy concern. The Act has become the biggest welfare step by any government so far because with Aadhaar, welfare is no longer a haphazard response but an elaborate institutionalised mechanism.

The Real Estate (Regulation and Development) Act, 2016

India witnessed the biggest boom in the past 20 years in a sector that was least regulated â housing. Buyers were almost at the mercy of sellers. The government changed that with Real Estate (Regulation and Development) Act, 2016, or RERA. The new law makes the seller accountable right from the beginning when he has to register the project with a regulatory authority and deposit 70 per cent of the funds collected into a separate bank account within three months of applying for registration. It has a stringent and quick dispute resolution mechanism too. Will it bring back the boom? Not likely, but it will ensure not too many miss the home bus by bringing stability to a sector where uncertainty can wreak havoc on the entire economy.

Insolvency and Bankruptcy Code 2016

Vijay Mallya escaping out of India with a debt of $1.4 billion and banks scurrying to recover it by selling off his assets has become a picture of corporate profligacy, which has hit India's public banks hard. Bad loans and corporate debt are the heaviest drags on India's growth today. Now there is a law to tackle today's free-for-all bankruptcy sector. The new law makes it harder for the big fish to escape and quicker for the companies to go insolvent or turn around. Workers, who used to be the biggest collateral damage when companies went bust, will now be a priority during the liquidation of assets, even over secured creditors. Those who go bankrupt will not be able to hold any public office, a safeguard against a lot of politicians abusing bankruptcy laws. India figures at 130 out of 189 countries in the World Bank's ease-of-doing-business rankings. With the new law, India hopes to jump above 100. The law is one of the most important reforms today as it can rescue the public banks reeling under heavy debt.

The Benami Transactions (Prohibition) Amendment Act, 2016

Days after declaring demonetisation, Prime Minister Narendra Modi said in a speech in Goa, "This isn't the end. This isn't a full stop, I declare." As if giving a clue, he mentioned how bureaucrats in Delhi have benami flats in Goa. Many think this new law can be the next shock to the country's black money economy after demonetisation. Apart from land, the law applies to currency deposits too. Under this law, a taxman can confiscate and prosecute both the depositor and the person whose illegal money he or she has "adjusted" in their account.

National Waterways Act, 2016

Cargo movement, the lifeline of any economy, will get a boost with 106 new waterways proposed in the new Act in addition to the existing five. This is a revolutionary law but will take a long time to impact the economy as Inland Waterways Authority of India will first conduct the techno-economic feasibility studies and identify possible stretches for shipping. Yet, since waterways are far less costlier than highways, this law will give a big boost to the movement of goods.
 

Teluguhero
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Posted on Monday, December 12, 2016 - 01:00 pm:       

http://www.firstpost.com/business/modi-govts-next-push-again st-benami-properties-may-settle-down-the-real-estate-sector- 3108164.htmlhttp://www.firstpost.com/business/modi-govts-nex t-push-against-benami-properties-may-settle-down-the-real-es tate-sector-3108164.html

Modi govt's next push against benami properties may settle down the real estate sector

By Vanita Akhaury
âEk teer se do shikaarâ. It looks like our PM will be hooking up several shikaars as the current demonetisation drive is just the beginning of anti-corruption stir and will spur on a number of measures to rid India of its corrupt image.
After this period of 50 days of punitive action against owners of black money, folks, be prepared as the next whacking axe is set to fall against âbenamiâ property owners: a warning has been issued by our PM Narendra Modi, who has said clearly in Goa, âI am not going to stop at this. I will expose the history of corruption of 70 years since Independence.â

Who are these benami property owners? Well, the government wants to find out exactly that and unmask such people and punish the offenders. Already the institutional framework has been strengthened by amending the original Benami Transactions Act 1988 to make the existing law more stringent. Under the Benami Transactions (Prohibition) Amendment Act 2016 that recently came into force on 1 November, a transaction is named âbenamiâ if property is held by one person, but has been provided or paid for by another person. The Act prohibits recovery of the property held benami from benamidar by the real owner. Also, Benami properties are liable for confiscation by the government.
Many among us have often casually side-stepped the law, and officials too are habituated to accepting bribes, so we have built an environment where corruption, greed and all the vices thrive. Thus, the corruption do-away move necessitates equally supportive laws and strict organisational framework backed by active regulatory authorities to stamp out benami transactions.

People with surplus black money had been keeping it safely hidden from the government by buying property in fictitious names, thus on paper they were not the owners but enjoyed all the benefits. It is assumed some corrupt political leaders, government officials and developers are the ones indulging most in benami transactions.
A senior real estate consultant is of the view that benami property transactions see a boom during various scams which our country has been witnessing from time to time. So right from chara ghotala of Lalu Prasad Yadav that came out in the open in 92-93 involving Rs 950 crore to Sukhramâs telecom scam and subsequently their holding of unaccounted assets and such other notorious scams where big amounts of money where quickly invested in properties far and away. Black money has always found a safe haven in properties in Delhi, NCR regions and Tier II, Tier III towns, albeit in unknown names to escape the law.
Now, under the amended law, all those benamdars and the real owners, who have been indulging in bogus transactions since the period the original Benami Act was formulated, will find that there is no escape route if they are identified, for not only will they will have to forego property but their property will also be impounded by the government and, moreover, they will be liable to face imprisonment or penalty as the case may be.
The amendment to the Act states a change in the earlier penalty from 1 to 3 years and from 1 year rigorous imprisonment up to 7 years, and a fine which may extend to 25 percent of the fair market value of the benami property. The district registrars and land record departments will dig out the names of benami property holders. âWhat this essentially means is that a lot of responsibility lies on the initiating officer for tracking a benamidar. Secondly, a network of players, the initiating officer, the approving authority, the administrator and the adjudicating authority, all have to work in tandem to establish a property as benami,â points out Anuj Puri, Chairman & Country Head, JLL India.

The real estate sector has lately been witnessing a series of corrective measures. First, the Real Estate (Regulation and Development) Act, then the Land Acquisition Rehabilitation and Resettlement (Amendment) Bill 2015, now the Benami Transactions Act that are all aimed at making the sector more transparent and a professionalised one.
Through the crackdown on benami property, title risks, which hitherto undermined the buyersâ confidence, will be done away with. Also, the amendment will have a greater impact on benami transactions happening on a larger scale in agriculture land.
Moreover, exits by funds participating in transactions will be quicker. Our PMâs exhortation: âIf you havenât realised what I am made of, then do nowâ...clearly foretells his firm intent as he is out to expose the benamdars and with that the mystery of the real owners.
The government strategy now comes across clear; it is fortifying the banks with cash and aims at solving the problem of scarcity of land by taking strong action against benami property as soon as the monetisation drive gets over. And the good thing that may happen post the benami investigations, said to begin in January 2017, is that a lot of land inventory may become available to the government which the Union Minister of Urban Development, Housing and Urban Poverty Venkaiah Naidu may open up to use in fast-tracking the affordable housing plans for the poor, for only 3 years would remain to execute that goal.
 

Teluguhero
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Posted on Monday, December 12, 2016 - 12:36 pm:       

http://indianexpress.com/article/business/economy/demonetisa tion-effect-black-money-rs-500-rs-1000-ban-narendra-modi-441 6039/

Tracing black money: Government to invoke Benami law to crackdown on unaccounted deposits
The deposits into Jan Dhan accounts swelled to Rs 74,321.55 crore as on Nov 30 from Rs 45,636.61 crore as on November 9.

Written by Sunny Verma | New Delhi | Published:December 8, 2016 4:18 am

Even as the government plans to use powers under the benami law to confiscate illicit deposits into othersâ accounts, banks have indicated that they do not have the capacity to differentiate between black money and white money being deposited. Bankers said they can only supply information to the agencies for investigation.
Prime Minister Narendra Modi on December 3 vowed that the corrupt would be sent to jail and he would get their money into accounts of the poor. â⦠I am thinking every day as to how to put these corrupt people, who have put money in the accounts of the poor, in jail, and the money reaches the poor,â Modi had said.

The Benami Transactions (Prohibition) Amendment Act, 2016 provides for rigorous imprisonment of up to 7 years, and a fine which may extend to 25 per cent of the fair market value of the benami property. It also empowers the government to confiscate deposits of people using others accounts to convert unaccounted wealth into white money, finance ministry sources said.
Unaccounted cash deposits in othersâ account are included in the definition of property under the amended benami law, passed by Parliament in August and notified from November 1, the sources said. âProperty means assets of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporealâ¦and also includes the proceeds from the property,â the Act says.
Since the government announced its decision to abolish old notes of Rs 500 and Rs 1000, the deposits into Jan Dhan accounts swelled to Rs 74,321.55 crore as on November 30 from Rs 45,636.61 crore as on November 9. There have been instances of people using these accounts to launder their illicit wealth into accounted money.
While Prime Minister Modi stressed the government will use this money for the welfare of the poor, bankers and economists said it will quite tough to distinguish the black from the white in a bank account. Banks can only provide information to agencies, it is up to the agencies to analyse the information, said Rajnish Kumar, managing director (National Banking Group), the SBI. âIf the account is KYC compliant, then one can deposit as much funds,â Kumar said.

âIndian people are very smart, you block one road and they will find anotherâ of converting unaccounted money into white money, said Sudipto Mundle, Professor at National Institute of Public Finance and Policy.. âHow will they (the government) find out (black money), I donât know. With crores of Jan Dhan accounts, if they are able to find, then good luck,â he said.
The number of Jan Dhan accounts increased by 27 lakh since November 9 to 25.78 crore as on November 30. Bandhan Bank, which has majority of its accounts as Jan Dhan accounts, said banks do not have the capacity to detect whether unaccounted money has been deposited into these accounts.
âI cannot differentiate on that as a banker. I can only find out on that when I fill up the KYC of the customer, what is the source of that customerâs income. If the bank feels that at the KYC time, as in it finds out on income and cash deposits since opening the account in not that much, we are not interested to take that account (for scrutiny). But if someone fulfils KYC, and after that goes to another branch and deposits money there, I cannot track that,â said Chandra Shekhar Ghosh, MD & CEO, Bandhan Bank.
Sources said the Income Tax department may use data tools to ascertain whether an account has been misused. Last week, the Central Board of Direct Taxes said that it has found âvarious inconsistenciesâ in cash deposits in Jan Dhan accounts and detected about Rs 1.64 crore deposited by persons who have never filed returns as their income shown is below the taxable limit.

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