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International Journal of
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VOL. 11, ISSUE 12 (2025)
The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
Authors
S Ramki
Abstract

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 represents one of India’s most comprehensive legislative responses to the persistent challenge of offshore tax evasion and unaccounted foreign wealth. Enacted in the backdrop of growing global financial transparency and international information-sharing frameworks, the Act seeks to deter the concealment of foreign income and assets by imposing stringent taxes, severe penalties, and rigorous criminal consequences. This article examines the conceptual foundations of black money and offshore evasion, tracing the legislative intent and policy rationale that shaped the 2015 Act. It further analyses the scope and applicability of the legislation, highlighting the way it departs from the Income Tax Act, 1961 by adopting a discovery-based taxation model and targeting beneficial ownership in foreign structures.

The study also explores the major provisions of the Act, including assessment mechanisms, penalty structures, prosecution standards, and reporting obligations. An important dimension addressed in this article is the evolving nature of tax planning under the Act, particularly the distinction between lawful, compliance-oriented strategies and unlawful practices involving concealment, misreporting, or artificial structuring of offshore assets. The discussion underscores how international agreements like CRS and FATCA have reshaped the possibilities for legal tax planning, forcing taxpayers toward full transparency. The article concludes with constructive suggestions aimed at strengthening administrative efficiency, enhancing taxpayer awareness, and improving coordination among enforcement agencies. Overall, the Act emerges as a key instrument in India’s pursuit of financial integrity and transparent cross-border asset regulation.
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Pages:93-99
How to cite this article:
S Ramki "The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015". International Journal of Law, Vol 11, Issue 12, 2025, Pages 93-99
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