Supreme Court Dismisses Hundreds of Tax Cases After 'Rs 1 Crore' CBDT Circular
New Delhi: In the last one month, the Supreme Court has dismissed hundreds of cases in which the tax effects were less than Rs 1 crore.
A bench headed by Justice AK Sikri relied upon the July circular by the Central Board of Direct Taxes (CBDT) to put an end to scores of tax cases.
The CBDT circular fixed the threshold limit for filing appeal in the Supreme Court at over Rs 1 crore and stated that pending appeals or special leave petitions (SLPs) should be withdrawn "on priority" to enable the department to focus on high value litigation.
Taking into account this circular, the bench led by Justice Sikri decided to proactively cut down such appeals pending before the apex court. The court, by one such order recently, wrapped up more than 200 cases in one brush.
"The Registry has listed these matters on the ground that the tax effect is less than Rs 1 crore and, therefore, as per the Circular of the CBDT, these are not pressed by the Income Tax Department and are to be dismissed on the ground of low tax effect," noted the bench.
The order added: "In these appeals the tax effect is less than Rs 1 crore and are covered by the Circular of CBDT. These appeals are, accordingly, dismissed. However, it will be open to the Income-Tax Department to seek review in any of these matters, if it is pointed out that the tax effect is more than Rs 1 crore."
Similar orders have been passed in hundreds of cases to give a quietus to the tax cases.
The court has further directed the registry to maintain a separate list of cases where the assessees have moved in appeals and also another list where although the tax effect is less than Rs 1 crore, the cases said to be not covered by the CBDT circular.
Under the exception clause, notwithstanding the tax effect, taxmen can file appeals in cases that involve foreign black money or accounts, cases challenging constitutional validity of IT Act provisions, where rules issued by the tax department were held to be illegal, cases involving additions based on inputs received from other investigative agencies, or where the tax department has initiated prosecution.
Courtesy: www.news18.com
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Indian-origin councilman among several people charged with racketeering, gambling offences in US
New York, Apr 12 (PTI): An Indian-origin councilman is among several people charged in the US with racketeering, money laundering, and other crimes for allegedly playing a role in an illegal gambling scheme that netted more than USD 3 million.
Anand Shah, 42, Prospect Park, New Jersey council member and local business owner was identified as allegedly managing illegal poker games and an online sportsbook in association with the Lucchese crime family, New Jersey Attorney General Matthew Platkin said in a statement Friday.
Shah is among 39 people who have been charged with racketeering, gambling offences, money laundering, and other crimes after law enforcement executed search warrants at 12 locations throughout North Jersey earlier this week.
Among those charged is Indian-origin Samir Nadkarni, 48, of Longwood, Florida, a sportsbook sub-agent/poker host.
Following a two-year investigation into illegal gambling activities tied to the Lucchese crime family, searches were conducted on April 9 on four poker clubs located in Totowa, Garfield, and Woodland Park, including two clubs where backroom poker games were hidden behind functioning restaurants; a business in Paterson storing gambling machines; and seven residences of individuals alleged to be managing the gambling activities.
The investigation uncovered additional poker clubs, the involvement of dozens of individuals alleged to have hosted poker games and worked at the poker clubs, and managed bettors on an illegal online sportsbook.
Authorities said that the upper management of the gambling enterprise allegedly oversaw the gambling activities and received a portion of the criminal proceeds.
The investigation resulted in the identification of more than USD 3 million in suspected criminal proceeds.
Members of the criminal enterprise used multiple shell corporations and functioning businesses to conceal their illegal gambling proceeds.
“Criminal enterprises like this pose a serious threat to the safety and well-being of our communities, driving illegal gambling, money laundering, and racketeering operations that value profit over people,” Superintendent of the New Jersey State Police Colonel Patrick Callahan said.
According to the complaint, the gambling operations included social clubs that housed live poker games and gambling machines, as well as an extensive online sportsbook operated through several websites based outside of the United States.
Each poker club was operated by high-level managers who delegated day-to-day operations to managers who were present during poker games.
The online sportsbook was operated by “agents” — who, before the advent of computerised betting, would have been known as “bookies” – that created accounts on sports gambling websites based in foreign countries.
As alleged, the high-level management made operational decisions, settled disputes, and used threats to collect overdue debts.
The enterprise also used websites to facilitate illegal online sports betting. The websites, through the individuals that owned, operated, and controlled them, were one part of this criminal enterprise controlling illegal gambling activities in northern New Jersey and other areas.
The websites allowed traditional organized crime members and associates to use the internet and current technology to engage in the same criminal acts that traditional organized crime has engaged in since the 19th century, the statement said.
