Why are Indians so much hyper about black money abroad when it is a worldwide phenomenon? - T. N. Pandey - Article published in Business Advisor, dated February 25, 2015 http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
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Why are Indians so much hyper about black money abroad when it is a worldwide phenomenon? - T. N. Pandey
1. Volume X Part 4 February 25, 2015 3 Business Advisor
Why are Indians so much hyper about
black money abroad when it is a
worldwide phenomenon?
T. N. Pandey
The issue concerning black money stashed in foreign
bank accounts has again come into forefront in the
country because of the new names, which come into the
public domain as a result of a global investigation by the
International Consortium of Investigative Journalists
(ICIJ). The names were obtained by ICIJ, which unveiled
the identity of about one lakh account holders from all
parts of the world in the Swiss subsidiary of HSBC
Bank. The list includes both Indian citizens and people
of Indian origin.
The latest edition of the HSBC list was published by media organisations
that are part of the ICIJ project, including The Guardian of the UK and
France‘s Le Monde. The global list of one lakh includes names of politicians
and businessmen from all parts of the world. The balance in the accounts
held by the 1,195 persons with Indian links came to Rs 25,420 crore in
2006-07, much more than the earlier estimate of Rs. 4,500 crore
corresponding to the 628 individuals in the first HSBC list. The total
balance in the accounts came to $100 billion, as per the news reports.
2. Tax evasion is a worldwide phenomenon
The earlier account brings out the position that tax evasion is not confined
to one or two or a few countries but is a worldwide phenomenon, not
concerning only some particular classes or persons. Reports published in
The Indian Express dated February 9, 2015, show that its reporters found
the names of current and former politicians from Britain, Russia, Ukraine,
Georgia, Kenya, Romania, India, Liechtenstein, Mexico, Tunisia, the
Democratic Republic of the Congo, Zimbabwe, Rwanda, Paraguay, Djibouti,
Senegal, the Philippines and Algeria, among others. Some clients linked to
millions and sometimes tens of millions of dollars in their accounts are
politically connected figures such as Rami Makhlouf, whose cousin and
close associate, Syrian President Bashar Al Assad, over the past three years
has helped cause the deaths of tens of thousands of his citizens in the
2. Volume X Part 4 February 25, 2015 4 Business Advisor
country‘s civil war. Makhlouf is listed as a beneficial owner on multiple
accounts.
2.1 In a reflection of the sheer variety of names in the data, others who
appear are Li Xiaolin, the daughter of former Chinese Premier Li Peng,
famous for his role in the Tiananmen Square massacre; Joseph Fox, a judge
on Hong Kong‘s highest court; and Prince Michael of Kent, the beloved
cousin of Queen Elizabeth II of England, and his wife.
2.2 The accounts that can be linked to the prince and princess were held in
the name of their company, Cantium Services Limited. A representative for
the couple said that the account ―never received nor held any funds‖ and
was closed in 2009.
2.3 Li Xiaolin is listed, along with her husband, as a beneficial owner of an
account that held US$2.5mn. Fox is listed as the holder of an account that
was closed in 2002. They did not respond to requests for comment. The files
reflect a spectrum of royalty, from King Mohammed VI of Morocco to the
Crown Prince of Bahrain, Prince Salman bin Hamad bin Isa Al Khalifa, to
dozens of members of Saudi Arabia‘s ruling family. Many were partial or full
beneficial owners of accounts. An analysis of the files by ICIJ shows that
many individuals linked to accounts took extra precautions to protect their
identities, even though HSBC staff repeatedly assured customers they were
already bound by tight Swiss banking secrecy.
2.4 Many of the accounts were held by companies in offshore tax havens
such as the British Virgin Islands, Panama or in the remote Pacific island of
Niue, rather than by the individuals who owned the money. Thousands were
used, de-identified, numbered accounts.
3. Other account holders
The other account holders included arms dealers, blood diamond
merchants. HSBC‘s clients‘ links to Al Qaeda were first publicly raised in a
July 2012 US Senate report, which cited an alleged internal Al Qaeda list of
financial benefactors. The Senate report said that the list came to light after
a search of the Bosnian offices of the Benevolence International Foundation,
a Saudi-based non-profit organisation that the US Treasury Department has
designated as a terrorist organisation.
4. Number of account holders
The Indian Express report gives an idea about number of accounts holders
involved in different countries, where India ranks at No. 16. Top 10 account
holders are:
3. Volume X Part 4 February 25, 2015 5 Business Advisor
Countries with maximum a/c holders in HSBC‘s Swiss private banking arm
1. Switzerland 11,235
2. France 9,187
3. UK 8,844
4. Brazil 8667
5. Italy 7,499
6. Israel 6,554
7. US 4,183
8. Argentina 3,625
9. Turkey 3,105
10. Belgium 3,004
5. Quantum of funds involved
Countries with maximum cash deposited in HSBC‘s Swiss private banking
arm:
1. Switzerland $31.24bn
2. UK $21.71bn
3. Venezuela $14.79bn
4. US $13.9bn
5. France $12.50bn
6. Israel $9.99bn
7. Italy $7.46bn
8. Bahamas $7.09bn
9. Brazil $7.08bn
10. Belgium $6.26bn
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6. Indians’ involvement
In the list comprising nearly one lakh names, Indian names are only 1,195
(including 628 disclosed earlier) and the amount involved is merely Rs
25,420 crore in the total which works out to 102.05 billion dollars (for the
period 2006-07). These indicate the quantum of Indians‘ involvement. All
the names are not of illegitimate account holders. Many of these are claimed
to be legal and explainable. Important Indians whose names appear in the
list, such as Mukesh Ambani, Anil Ambani, Naresh Kumar Goel, Burman
family, Preeneet Kaur, Rames etc. have either denied the existence of such
accounts or have said that the same are explainable. Though significant, the
amounts are not such as may involve hue and cry as is being done
concerning black money abroad. The reasons for this seem to be mixing
black money issue with politics. The new BJP Government in India at the
Centre is often criticised for non-fulfillment of (alleged) election time promise
that the new government will bring all black money of Indians in foreign
banks within six months of coming into power and that each Indian‘s
account will be credited with Rs 15 lakhs of black money. There does not
seem to any authentic basis for such a promise which in any case could not
have been made as the people during electioneering could not have been so
immature as to make such promises but regretfully there is no authoritative
denial from this Government‘s side that any such promise was made,
though one of the Ministers of the Government (Venkaiah Naidu) has denied
that during electioneering no such statement was made by anyone in the
Government! Too much hype is being given to black money abroad in the
post-election period after the formation of the new government.
7. Aberration in economy
Black money no doubt is an aberration in the functioning of any economy
and needs to be strictly controlled. But this does not mean that undue time
and energy should be spent on chasing something which is uncertain and
incapable of being quantified to a definite figure and recovered. There is no
point in keeping the issue of black money as a political pastime.
Unfortunately, in India, this is being done and special team headed by two
Supreme Court judges and a host of regulatory authorities are involved in
making enquiries about evasion that took place in the year 2006-07 and
earlier years. There is no possibility of huge revenue gains. (According to
SIT, Rs 10,000 crore are expected to be coming to the Government kitty by
31.03.2015 from undisclosed account in HSBC‘s Swiss subsidiary.) There is
no estimate of such amounts in other countries, the quantum of amounts
involved, the chances of income tax recovery from such sums, the time
likely to be involved in checking such accounts, the manpower required and
5. Volume X Part 4 February 25, 2015 7 Business Advisor
chances of punishing the delinquents. Such gains even if some are realised
are not likely to be commensurate with the efforts that are being put or will
be needed.
8. Some suggestions
Instead of chasing old transactions and raising the issue of black money
from time to time, a body like SIT can be entrusted the task of devising ways
and means to:
(i) check future generation of black money;
(ii) ensure that remittances to other countries in a clandestine manner
are checked effectively;
(iii) devise stringent punishments, which can be easily imposed for those
who indulge in black money deals and do not discharge their tax
obligations correctly;
(iv) declare tax evasion as a criminal offence from being a civil offence as
it is at present;
(v) prescribe civil disqualifications like debarring from holding of public
offices for those who are found to be indulging in tax evasion and
black money deals;
(vi) curriculum for schools should be devised which make children right
from the school days to realise that honest tax payment is an
honourable obligation of citizens towards the State.
(vii) India must cite the automatic information exchange pact, a part of the
Organisation for Economic Cooperation and Development‘s campaign
to end base erosion and profit shifting by multinational corporations.
With effective information sharing, audit trails can be established on
complex deals in a globalised world. India should take a page from the
British government and ask companies to identify their real owners
and make the registry public. The larger point is to pull all stops to
curb the black money menace.
8. Concluding comments
Undue hype should not be generated when something about black money is
published. It should not unsettle the Government‘s functioning. It should be
dealt with in the normal way. Instead of flogging the dead horse of 2006-07
and earlier, it would be better to concentrate on how the generation of black
money can be checked. Policy priority should be to stem further generation
of such money and check incentives that lead to such generation. In this
context, some suggestions given in this write up can be given thought.
(T. N. Pandey is Former Chairman, Central Board of Direct Taxes)