Rahul Mehta Gandhinagar LsCandidate
The issue of taking large cash - ethics , laws etc in Kumar Biswas, Shazia case . They are saying "if you commit murder and not leave any proof, then you are innocent" !! And "everyone commits murder and gets away, and so I did the same".
(Pls note : My main allegation against Arvind Ghandy/Gandhi is NOT that his men agreed to take chillar cash of Rs 15 lakh or that AK stole Rs 5 crore from IAC. My allegation has been and even today is that AK\Anna both wasted away 1000s crores of activist-hours and thus are delaying system reform in India. And in the end, MNC-paid-media will favor only AK on this issue)
SHAZIA CASE - law, ethics etc
1. If any charitable trust, except religious trust, takes cash above Rs 10000 from one person, then it has to pay tax on it. So it is legal, if they disclose it and pay tax/
2. If any political party will take ANY cash, even one rupee, then it will have to pay tax AFTER 1-apr-2014. As of now, cash below Rs 20000 is tax exempt. So taking cash is legal and will remain legal, But making reciepsts in FALSE names is illegal. And realistically speaking, it is NOT possible to take large cash donations without make false receipts !! I have explained below in point-6 .
3. Today, if political party takes cash cash above Rs 20000 , they have to pay tax. Except, if they lie and show it as multiple donations all below Rs 20000.
4. HAVALA DONATIONS : Say X comes to donate Rs 100000 to political party, and political party says "pay this money media company for coverage" or "pay this money to restaurant as food bill". it is called as Havala i.e. off-the record donation and it is both illegal and unethical. Because it didnt even come on the books.
5. Every political party , including Congress\BJP gives receipt for cash they take. If a person give Rs 10,00,000 donation, then they will cook up 50 names and show as Rs 20000 each
6. Lets say X gives cash donation of Rs 15 lakhs to a party , and party reports to income tax. Then income tax will have to query X on whether that Rs 15 lakh was white or black. If that money was white, then why did X pay as cash and not as cheque? All LARGE white transaction except in retail trade where one is dealing with strangers go by cheque only and never cash. eg good builders in ahmedabad take ONLY cheque and no cash, be white or black. All good charitable trusts I know take ONLY cheque except small chillars.
7. IOW, if someone X is talking of Rs 15 lakhs cash, it can ONLY be black money. And in such cases, if receipt is made in name of X, then when income tax dept asks X "did you pay Rs 15 lakhs white money?", X will have no option but to say "NO". In such case, that Rs 15 lakh or at least 35% of it will get confiscated !!
8. So if someone is paying Rs 15 lakh cash, then only sensible way is to make 75 receipts of Rs 20000 each or not making any receipts at all. In either case, it is illegal and unethical
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KUMAR BISWAS CASE
1. I bought flat from builder named Bakeri in Ahmedabad. He doesnt take even Rs 5 cash !! All money he takes is 100% cheque/draft !! IOW, Kumar is technically right that "everyone takes cash", but it is also true that except retail business where one deals with strangers, ALL honest businessmen take ONLY cheque and no cash.
2. So Kumar Biswas is speaking "Congressi Truth" when he says that "everyone takes cash" and "taking Rs 50000 of cash is no crime". If one takes cash, there is no proof that he will put on books. He may put on books and may not put on books and evade taxes. Whereas, when one takes cheque, he has NO option but to put on books and pay applicable taxes. So honest businessmen, except in retail, who want to make it clear to Govt, their own staff , their colleagues and society at large that they are NOT engaging in any practice that can cheat their staff or colleagues or Govt or society or evade taxes. The fact that Kumar Biswas took Rs 50000 cash is BLATANTLY unethical, because he had option of taking cheque, and yeah, as long as he cooks a reciept, he is off the hook.
3. So Kumar Biswas is speaking "congressi truths" , which is like "you can commit murder, but if you do it very intelligently, and do not leave any proof, then you are NOT a criminal" !!! Yeah right, we know that.
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Kumar Biswas's demanding first class air-ticket and five star hotel accomodation is NOT unethical. But what is unethical is that AAP activists had hidden that fact , and demanded donations by showing AK sleeping on railway platform !! I mean, if they show AK sleeping on railway platform, and ask for donations, then why ddint they show KB demanding five star accomodation in same advt?
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Anyway folks, I am not after such piddly Rs 15 lakhs . Nor would I bother about allegation that AK has siphoned tens of crores of rupees that came into IAC into his personal accounts, not even AAP accounts !!!
Since apr-2011, my allegation has been that both AK/Anna are time-wasters of criminal proportion. They are just dummies -- the REAL force comes from MNC-paid-mediamen. But they have chosen to be part of this dirty game. Many activists between 2009-2010 were realizing a dire need of changing LAWS in the India. And AK\Anna came, and misguided them all to spend time on naare-baazi, rallying, wearing anna-cap, then wearing aap-cap, then vote collection, anshan, dharana and all time-pass and time-waste activities. AK's goal is ONLY to cut BJP\NaMo votes and even in best case, he his goal is to create Congress3. AK has NO intention to bring Right to Recall, and here is PROOF --- there is NO Right to Recall Mayor draft in Delhi Assembly AAP manifesto. IOW, they are only wasting away 1000s of crores of activist-hours .
And this wasting away 1000s of crores of activist-hour delayed industrialization of India. And thus delays improvement of weapon manufacturing in India. And this is only helping enemies like China, America,Pakistan, Saudi Arabia, Bangladesh etc,
So my request to activists to is to focus on REAL legal reforms like RTR Mayor, RTR Corporator, RTR MLA, RTR- MP, RTR PM etc. And not chase such phonies and frauds like AK.