Good Governance, How?
Modi government won't reveal names of tax evaders, says divulging info can hurt diplomatic ties
The Narendra Modi government made a volte face of sorts on Friday when it cited the same reasons that the previous Congress-led regime had given to keep secret the names of people who have allegedly stashed black money in overseas accounts.
In an application to the Supreme Court, which had directed the government to reveal those names, the government said such a step would lead to violation of the nation's existing double-taxation-avoidance agreements with other countries.
Revealing the bank account details without even establishing prima facie grounds to establish any wrongdoing would also amount to an invasion of privacy, it said. One of BJP's poll promises was to recover the black money parked in foreign banks, which some reports peg at as much as Rs 70,000 crore. The party had accused the Congress of being unwilling to bring back the money and book the tax evaders. On Friday, Attorney General Mukul Rohtagi urged the court to tweak its order to reveal the names to Ram Jethmalani, the senior lawyer and a former BJP minister who had filed a public interest litigation on the matter.
The Congress seized upon the opportunity, with spokesman Abhishek Singhvi saying that the development has exposed the "hypocrisy" of the Modi government. "Will the Prime Minister apologise for giving false hopes to the public," he asked.
Finance minister Arun Jaitley denied the allegation that his government was reluctant to reveal the names of tax evaders. "Where is the question of propaganda? We have no problems in making the names public under the due process of law, and the treaty commitment by a previous government, whether good or bad, is process of law," he said.
The government's application said it could share information only on cases in which the government had initiated criminal prosecution and hence the cases were in the court. In such cases, the information is anyway available in public domain, it added. Rohtagi urged the court to hear the plea soon.
He said countries sharing such reciprocal information had objected to revealing that of to the public. "If you want to get information from other countries, we have to abide by treaties," the AG said. This prompted Jethmalani, who is no more part of the BJP, to accuse the new government of trying to "protect the culprits". more
The Narendra Modi government made a volte face of sorts on Friday when it cited the same reasons that the previous Congress-led regime had given to keep secret the names of people who have allegedly stashed black money in overseas accounts.
In an application to the Supreme Court, which had directed the government to reveal those names, the government said such a step would lead to violation of the nation's existing double-taxation-avoidance agreements with other countries.
Revealing the bank account details without even establishing prima facie grounds to establish any wrongdoing would also amount to an invasion of privacy, it said. One of BJP's poll promises was to recover the black money parked in foreign banks, which some reports peg at as much as Rs 70,000 crore. The party had accused the Congress of being unwilling to bring back the money and book the tax evaders. On Friday, Attorney General Mukul Rohtagi urged the court to tweak its order to reveal the names to Ram Jethmalani, the senior lawyer and a former BJP minister who had filed a public interest litigation on the matter.
The Congress seized upon the opportunity, with spokesman Abhishek Singhvi saying that the development has exposed the "hypocrisy" of the Modi government. "Will the Prime Minister apologise for giving false hopes to the public," he asked.
Finance minister Arun Jaitley denied the allegation that his government was reluctant to reveal the names of tax evaders. "Where is the question of propaganda? We have no problems in making the names public under the due process of law, and the treaty commitment by a previous government, whether good or bad, is process of law," he said.
The government's application said it could share information only on cases in which the government had initiated criminal prosecution and hence the cases were in the court. In such cases, the information is anyway available in public domain, it added. Rohtagi urged the court to hear the plea soon.
He said countries sharing such reciprocal information had objected to revealing that of to the public. "If you want to get information from other countries, we have to abide by treaties," the AG said. This prompted Jethmalani, who is no more part of the BJP, to accuse the new government of trying to "protect the culprits". more
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Not only politicians, but bureaucrats, businessmen, some even in the judiciary are also corrupt. Then there is also drug money, gold smuggling etc. Politicians, who have been in power for too long, deeply involved. The Supreme Court had constituted a SIT on black money on Ram Jethmalani's plea. He accuses the Modi government of protecting the culprits. Modi government is following the UPA path when it refused to divulge the names to the Supreme Court citing the treaty. There are two sets of names. In Liechtenstein Bank accounts, the German government announced that anybody could take the information, but the Government of India asked them to give it under the direct taxation avoidance agreement under which it is a secret. That's why the Supreme Court asked why did they obtain it under a secret clause what is available in the open? But the most important thing is the HSBC account particulars which we got from France. France got it from records stolen by a disgruntled employee in the HSBC bank in Switzerland. But the bank is in the Swiss jurisdiction. We got reportedly about 600 Indian names from France under the double taxation avoidance agreement. The government view is that under terms of the bilateral the details can be disclosed it only after prosecution is launched. This is the claim of the government saying this is the international practice. In public court proceedings, the government can disclose the names. The government seems to say that the Supreme Court cannot over-rule the DTAA. But no over-ruling is needed because the DTAA itself says that it can be disclosed in public court proceedings. When the court says the government has to disclose, it must disclose. The bureaucrats will take a view which is very defensive and conservative. The more serious thing is they have filed an application saying the original order the Supreme Court had passed must be modified. The original judgement says the government should not enter into any agreement with any country which says the information must be kept confidential and it is prohibiting the government from entering into inter-government agreement with the US for automatic and mutual sharing of financial information which is due in December. The government is wrong in filing this application because the DTAA with America specifically says you can disclose this information in public court proceedings. Signing the inter-governmental agreement with America will not violate the Supreme Court judgment. more
Oct 28
NCP making a supporting gesture by walking away; to help BJP prove majority and form government in Maharashtra. Well done. The pact was a settlement of not declaring the names of top cadre who hold bank account overseas. http://www.rediff.com/news/report/govt-may-reveal-to-sc-names-of-3-black-money-account-holders/20141027.htm more
Oct 28
BJP government was delaying to declare the violation of their most important manifesto till the Haryana and Maharashtra elections are over. Hidden agenda !!! Shame on Modi more
Oct 20
Narendra Modi had promised to bring back black money. Not declaring the names: People demand Modi must apologize now. Does that make any good? What is wrong in declaring wealth? Declare the details. Let it be investigated later whether it is black or white. Silly excuses being made. Can anyone ever justify this load of money in swiss bank being white? Shame on Modi. more
Oct 19
Don't worry it is going to be "GOD Governance" and not GOOD Governance. For tourism visit ....Dham & got to Gujrat,Varansi, Mathura etc. For rest of development see you after 5Years more
Oct 18
