Definition
Undeclared income.
Income not declared for tax purposes.
Statutory Definition
Black Money Act.
Etymology & Origin
A colloquial economic term that has gained statutory recognition in India, referring to money earned in the 'black market' or money deliberately hidden to evade taxation.
Full Legal Analysis
Black Money generally refers to funds earned through illegal activities or legally earned income that has been concealed from the tax authorities to evade tax. It forms the basis of the parallel or 'shadow' economy in India.
To combat the parking of such undisclosed income abroad, India enacted a specific, draconian legislation: The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. This Act applies to residents holding undisclosed foreign bank accounts, properties, or trusts.
Under the standard Income Tax Act (domestic black money), provisions like Section 115BBE tax unexplained cash credits or investments at steeply punitive rates (60% plus surcharge). Furthermore, tax evasion is a criminal offence punishable by rigorous imprisonment.
The Supreme Court directed the constitution of a Special Investigation Team (SIT) to investigate and bring back black money stashed in foreign banks, marking a watershed moment in judicial intervention in economic offences.
For defence counsel, navigating proceedings under the Black Money Act is exceptionally difficult due to the presumption of culpable mental state and the severe penal consequences, including prosecution under the PMLA.
This Term in Indian Statutes
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015, 2015
"Charge of tax on undisclosed foreign income and asset."
The charging section imposing a flat, severe tax on hidden foreign wealth.
