AGRICULTURAL INCOME A SOURCE OF MONEY LAUNDERING IN INDIA BY: REINHARD LUKE COLLACO
AGRICULTURAL INCOME A SOURCE OF MONEY
LAUNDERING IN INDIA
AUTHORED
BY: REINHARD LUKE COLLACO
ABSTRACT
As the saying goes, agriculture has long been the backbone of the Indian
economy. However, some sectors
of our society have been exploiting it as a cover for illegal money, weakening the foundation
of our country. Although official reports have frequently raised significant
worries regarding
non-agriculturists exploiting the exemption, successive governments have shown little interest in taking corrective
action. Taxing agricultural revenue is a politically delicate matter.
In this research paper, we will deal with the issues regarding tax exemption in agricultural income and how it paves the way for
money laundering in India.
INTRODUCTION
On the face of it, we presume that farmers are in a better position not
paying taxes since they belong to economically weaker sections of society. Thus they should be exempted
from it, but the
debate to tax agricultural income has been going on over the years, with
significant media houses calling
such a procedure a scam. Although income taxes are collected on all forms of income from all sources, it is a mystery why agricultural revenue
is exempt from income taxes.
They believe the government has exempted agricultural income tax for
their benefit by using the farmers
to cover themselves from paying tax. Since tax is exempted
in such a sector, it can lead to "money laundering,"
which means evading tax or ultimately converting black money to white. They claim that many politicians use this scheme for their benefit. When the question
arises as to why taxation should be imposed on agricultural income,
the legislators try to deviate
and avoid touching upon such topics. With money laundering slowly
becoming a significant issue in
India, the legal system must actively participate in trying to curb such an
issue. Currently, more than trillions
of rupees have been laundered in India through agricultural income.
Many farmers have lost their lives because
of such practices
by the higher bureaucrats. The farmers are not the final
beneficiaries and are still losing out. It may seem that the government is sympathetic towards farmers,
but they are not benefitting from it. This paper focuses on the harsh realities farmers face while being taxed
under agricultural income. They are
looking into the main reason for tax evasion and how it can be used in
agricultural income as a source to
launder money in India.
RESEARCH OBJECTIVE
This research paper aims to analyze how agricultural income can become a
source of money laundering. To look
into why the government has exempted tax from agricultural income and why they
have not made many efforts to curb such
an issue.
RESEARCH QUESTION
1. What is money
laundering?
2. Why is
agricultural income a source of money laundering?
3. How has tax
exemption created an opportunity for money laundering?
SCOPE OF THE STUDY
This research paper has a wider scope in nature. Since it focuses on the
various aspects of agricultural
income and how money laundering has used this agricultural income to launder money. It also focuses on money laundering
as a whole and what efforts have been taken to
curb such an issue from taking
place.
RESEARCH METHODOLOGY
The overall research has been done by referring to various known and
unknown websites. For this topic, I
have also referred to various textbooks. Doctrinal research methodology has
been used, i.e., and the reference has been given through
various authorized websites.
The collection of data and information will be from published papers,
relevant articles, relevant
cases, Google books, Legislations, Treaties, and internet websites. Also
includes various texts from legal and
non-legal sections
CONCEPTUAL ANALYSIS
Agricultural Income
The term agricultural
income refers to the income collected from farming. Section 2(1A) of the Income
Tax Act 1961 relates to income earned or revenue derived from sources,
including farming land, buildings on or identified with agricultural land, and
commercial products from horticultural land.[1]
Here are a few instances
of agricultural income:
·
Profits from the selling of newly planted trees.
·
Profits from seed sales.
·
The amount of rent paid for agricultural land.
·
Profits from growing creepers and flowers.
·
Profits received from a partner's company that produces
or engages in agricultural activities or products.
·
An interest in the funding that a partner from a business
that conducts agricultural activities receives.
Agricultural
income is free from taxation under Section 10(1) of the Income Tax Act. Farmers
who cannot pay taxes because of their low pay scale will benefit from this. Agriculture
revenue is exempt from all taxes imposed by the federal government.[2]
However, if the following
two conditions are met, agricultural income is taken
into account for rate purposes
for determining the income tax liability:
·
The net agricultural revenue is
higher than the Rs. 5,000/-
from the previous
year.
·
Total
income exceeds the basic exemption limit when net agricultural income is
excluded (Rs. 2, 50,000 for individuals below 60 years
of age and Rs. 3, 00,000 for individuals above 60 years of age).[3]
Crime and money are interconnected. Crimes are committed because there is
a lot of money involved. Money
laundering is the process of turning illegally
obtained funds into legal tender.
Money laundering is the process of turning money that has been earned
illegally into lawful cash.
Although those who carry out the underlying illegal activities might try
to do it themselves, Organized Crime
is increasingly getting money laundering services from a new class of criminals.
Criminals want their unlawful monies to be laundered to freely move their
money across society without worrying
that it would be linked to their criminal activity. Additionally, laundering stops the police from seizing the money.
One of the primary sources
of money laundering in India is Agricultural Income.
According to Section 3 of The Prevention of Money
Laundering Act of 2002, anyone who directly or
indirectly attempts to engage in, who knowingly assists, or who
knowingly participates in, or who is
involved in, any process or activity connected with the [proceeds of crime],
including concealing it, possessing
it, acquiring it, using it, projecting it, or claiming it to be untainted property,
is guilty of the crime of
money-laundering.[4]
It is said that a person should be guilty of an offense of money
laundering if such a person has been
found to have either directly or indirectly made an attempt to enter or
knowingly has attempted or was
involved in certain activities like concealment, possession, acquisition, projecting as untouched money or claiming
as untouched money falls under money laundering and if such activity continues for some time and till such time
he enjoys the proceeds of such commission of crime through
concealment, possession, acquisition or any other
activity which is considered as laundering at that given time.
It is challenging to understand how agricultural revenue
may be used as a means of widespread tax evasion and money laundering, not on
the order of thousands, millions, or even billions of rupees. This material was provided in response to an RTI
request for details regarding the declaration of agricultural income by income tax assessors. The facts mentioned above for the most recent ten fiscal years, 2003-04
to 2012-13, were provided by the Directorate of Income Tax (Systems) by
letter dated May 27, 2015.[5]
This raises the legitimate suspicion that illicit gains (obviously not
agricultural revenue) from hidden
sources are being covered up by agricultural income and that dishonest people
are evading taxes by using
agricultural income to do so. If this money is taxed, the taxes for the fiscal year 2010–2011 will be close to Rs
600 lakh crore or more than six times the nation's GDP for that year.
In a similar case, a petition was filed before
the high court
seeking an investigation into money laundering activities. Following the delivery of an RTI statement (in 2015) from the Directorate of Income Tax (Systems) on disclosures of agricultural income
between AY (assessment year) 2004-05 and
AY 2013-14, as reproduced below, a retired income tax officer named Vijay Sharma
went to the Patna High Court in 2016.
His main request
to the Patna High Court was
to instruct the tax authorities to
a) look into
the possibility of black money stored abroad being brought in and declared as agricultural
income, and
b) Look into
how such significant amounts of agricultural income are being declared while farmers
commit suicide all over the nation.
Newspaper articles
have occasionally described how Indians had withdrawn their deposits from foreign
banks due to the Indian government's efforts to recover black money stashed
abroad and the global hardening of stance toward tax havens and secret bank
accounts following the 2008 financial meltdown.
According
to one of these 2013 reports, for instance, Indian deposits had decreased from
2.18 billion Swiss francs at the end of 2011 to 1.42 billion Swiss francs (or roughly Rs 9,000 crore)
by the end of 2012. Since then, there have been a lot more such
reports.
The same year (in 2016), the court
dismissed Sharma's petition on the grounds that (a) unusually high
values of agricultural income (especially for 2011, 2012) appearing in the RTI reply
"could be due to inadvertent data entry error," as the
tax authorities had claimed in their
counter affidavit, (b) if found doubtful in nature, the tax authorities
"will take proper steps," and (c) given that such assesses
are dispersed throughout
India, it is better."
Since
agricultural income is excluded under the rules of the Income Tax Act, the
government may lose money if agricultural income
is credited for income tax purposes without
appropriate verification of the claim. This practice
greatly distorts our financial system.
The studies
found that such lacunae in the system, such as not checking the expenses, would succumb to bringing in black
money/unaccounted money into the financial system under the pretense of agricultural revenue. Thus the
government is creating an opportunity for money launderers to continue their activities.
CONCLUSION
Money laundering poses a severe threat to the financial systems of all
nations and undermines their
sovereignty and sense of identity. The magnitude that money laundering has
started to assume, particularly with
regard to the financing of terrorist acts, has given the fight against it an urgent impetus at both the national
and international levels. Just as it is challenging to determine the scope of money laundering, it is also challenging
to quantify the detrimental economic effects
of money laundering on economic development.
However, it is evident from the evidence at hand that allowing money laundering
activity to continue unchecked is not the best course of action for economic
development because it harms financial institutions that are essential
to economic growth, lowers productivity in the real sector of the economy by diverting resources and encouraging
crime and corruption, and can stifle international trade and capital
flows to the detriment of long-term economic
development.
Since agricultural income is being exempted from tax, it creates a loophole
in the legislation allowing criminals
to use this for their best interest by laundering money in India through this source.
By this, they are able to use this exemption to their advantage. Nevertheless, the entire
situation plainly demonstrates systemic failure because
claimed agricultural incomes
are accepted without any
scrutiny, no matter how high the amount. To conclude, we can see that better measures need to be taken in order to curb the rise
in money laundering. Another way to provide
tax relief to the farmers is by prescribing a threshold exemption limit for
agricultural income instead of
just exempting tax altogether.
[1] Income Tax Act ,1961 ,Section 2(1)A
,Acts of Parliament
,1949(India)
[2] Income Tax Act ,1961 ,Section
10 ,Acts of Parliament ,1949(India)
[3] Tax Guru, https://taxguru.in/income-tax/agricultural-income-justification-objections.html (last
visited Dec 12, 2022)
[4] Prevention of Money Laundering Act,2002,Section 3, Acts of
Parliament,1949(India)
[5] The Quint, https://www.thequint.com/news/india/even-as-farmers-die-trillions-laundered-as-agricultural- income#read-more#read-more#read-more (last visited Dec 10, 2022)