Dushmanta Mohapatra
The
Article no ways encourage taxpayers to use any of the below methods. The
Article is just to let people know about what others are doing to convert their
Black Monet into white money currently in India. In addition to those mentioned
below there are many other methods which people use to convert their black
money into white money.
CASE
1: Go to a Jeweler. Give him the amount
you want to convert into white as cash. he would give you a cheque back for the
same amount less 4%. He would give you a purchase bill to show that you have
sold silver utensils to him. On the amount of the cheque when you file your
return you will have to pay no capital gain tax as Silver utensils are
Personal effects and capital gain does not arise on sale of personal effects.
There you go , the money is white now!!!
CASE
2: Conversion of Black Money to White
Money with the application of Sec 51 of the Income tax act, 1961.
Mr. X : A Business man who wants to convert his black money to white.
Property: Cost of Acquisition: Rs. 10 Lacs.
Mr. Y: A Salaried person who wants to convert his white money to
black may be because he has to make payment in black for the property purchased
by him.
Mr. X enters into an agreement with Mr. Y for the sale of
property for Rs. 150 lacs with a condition that advance money of Rs. 30 lacs
shall be given by Mr. Y and balance shall be paid within 3 months else advance
money shall be forfeited.
Modus Operandi: Mr. Y makes payment of Rs. 30 lacs
to Mr. X by way of a cheque as the advance money and Mr. X in turns gives the
black money to Mr. Y of the same amount. Now, Mr. Y intentionally fails to make
balance payment within the due time and the amount is forfeited by Mr. X. In
this manner black money of Mr. X is converted to white money.The money is white
now!!!
CASE 3: Another popular way of converting black into white money is
by getting a gift from a relative. For this modus operandi, the relative must
possess white money. For example, you have some black money (say Rs. 10 lacs)
which you want to convert into white. You can ask your relative to gift you
Rs.10 lacs by way of cheque and you will in turn transfer your black money to
him/her. Here 56(2)(vii) is not attracted as gift is received from a relative.
CASE 4:- Converting black to white by way of cheque
People also give the black money to a person (say a family
member or a friend) and take a cheque from them. They show that as a loan receipt
and thus they can temporarily convert their black money into white.
Then they again give them a check as a repayment of loan and
receive cash which converts white to black again, but during the time the loan
is outstanding, they convert their black into white, but people who do this are
not aware that Section 68 on loans is applicable and you will have to prove the
creditworthiness as well as the genuineness of transactions to the IT
Department or else the loan receipt will be treated as income from undisclosed
sources.
CASE 5: Another popular way of converting black into white money is
showing income in cash like tuition income or any other professional fees.Just
pay the tax at normal rate and your money is white now!!!!
Also people make investment where it is allowed to invest in
cash and where the maturity is tax free for example buying an insurance policy
where you are not required to show all your premiums and the maturity is tax
free. For example your insurance premium is 25000/- per annum and you can pay
6000 in check (shown in books) and remaining in cash, people increasing the
proportion of premium paid in cash increasing as and pay entire premium in
white for last two years before maturity. No ITO is going to check premium of
more then last two years and it is a small example. People are paying huge cash
premiums everyday. In case of this small premium, the cost of investigation
exceeds the benefit to the exchequer so the ITO will give a test check for at
the max last two years.
DISCLAIMER
- I don’t recommend readers to follow any of these steps. I just want them to be aware regarding these false practices.
- I encourage open discussion regarding this article but advices, opinions, suggestions which may land the opinion seekers into trouble later on are not encouraged.
- I trust that a tax planning should be done in such a way that it can stand the test of the legal battle of course subject to debates.