VIJAY DEO JHA
Ranchi, Sept 30: The Enforcement Directorate (ED) has junked the claim of Abhishek Jha that a part of money infused in M/s Pulse Sanjeevani Healthcare Pvt. Ltd was part of his income in Australia. The ED has stated that his Commonwealth bank account was a parking place of the illegal money earned by his IAS wife Pooja Singhal by committing scams in the MNREGA scheme. Though married in 2011, the ED has said that they were in a relationship since 2009 and got engaged in Dec. 2010.
Abhishek Jha is the husband of jailed IAS officer Pooja Singhal who was arrested by the ED for committing a scam in the MNREGA project in Khunti district during her tenure as Deputy Commissioner from February 2009 till July 2010. The ED has booked Abhishek Jha also. The ED in the prosecution complaint has stated Abhishek Jha claimed that he got a good amount out of his marriage gift and income in Australia but the same were untrue.
The ED detected huge cash around Rs. 70 lakh deposited in his Indian bank accounts namely ICICI, DBS and SBI during the financial year 2010-11 and 2011-12. Abhishek Jha claimed that in Australia he was working for Nuance Group of companies besides some part-time jobs. Besides he got cash as gifts during his marriage. All he earned in Australia, he brought to India and deposited in his accounts in India.
But he could not produce any corroborative documents to substantiate his claim. He also could neither provide any documentary evidence to show that he received part-time income in Australia nor any proof that he brought all such cash in India from Australia. Similarly, he could not produce any document to show that he received cash as gifts from several persons during his marriage.
I brought Rs 31.89 lakh cash from Australia, claims Abhishek Jha
During the questioning, Abhishek Jha claimed that between 2009 and 2011 he visited India seven times and brought 74450 Australian Dollars (AD) that he earned through his service. As per the exchange rate calculation, the said amount was Rs. 31.89 Lakh in Indian currency notes. The details of his visit and cash in AD are as follow—26th June 2009 (AD 25000), 17th August 2010 (AD19000), 6th November 2010 (AD 9900), 24th December 2010 (AD 1650), 4th March 2011 (AD 500), 19th August 2011 (AD 8500), and 24th October 2011 (AD 9900).
When asked to explain the source of such cash brought from Australia, he stated that the same was withdrawn from his Australian commonwealth bank account (A/c no06290310429249). In support of his claim, he provided the account statement of this commonwealth bank account.
The ED said that on close examination of the bank account statement of commonwealth examination, it is found that most of the cash withdrawal was preceded by cash deposits, credit from Nuance Group which Abhishek Jha claimed as salary received from Nuance group, and other credit from some individuals. But he could not provide details of such individuals who gave cash to him.
Abhishek Jha never filled Currency Declaration Form
The ED has stated that under Regulation 6 of the FEMA rule it is necessary to file a Currency Declaration Form (CDF) for a passenger who is coming from abroad to India along with currency notes over and above USD 5000 or its equivalent. A filled CDF is submitted to the customs authorities and they get a copy of the same receipt. Abhishek Jha could not provide documentary evidence to prove that he brought so much cash in Australian Dollars to India. “It is also found out that he has never filled a Currency Declaration Form,” the ED stated. He was unable to give the exchange receipt/bill, the name of the foreign exchange Agent/broker through which he converted the Australian dollars to Indian rupee. He could not even provide the name of the bank or foreign exchange shop/agent from which he changed the currency.
His Australia story is an afterthought to hide the crime, claims ED
Abhishek Jha could not provide anything at all when asked to provide salary slips or any other document in support of his claim that money received from Nuance group was his salary income. He could also not explain whether he disclosed such income in a Tax return filed before the Australian or Indian revenue authority. Neither is he found to disclose this income in his Indian Income Tax Return. He was further asked to provide the details of his part-time income such as the bill raised, the persons from whom he received the cash, and why such a huge amount was paid to him in cash he could not provide anything.
The ED contended that he was already doing his Master’s (MBA) in Australia and working in the Nuance group, for five days in a week and from 9:00 AM to 5:00 PM in the evening. Hence, there is hardly any time left to do any part-time job.
Abhishek Jha did not disclose his fattening Commonwealth bank account to Indian tax authorities
The ED has stated that Abhishek Jha was a resident of India as per the Indian taxation system in Financial Year 2011-12 and it was mandatory on his part to disclose all his global income in India.
It is ascertained from his Commonwealth Bank (.AC No. 06290310429249) .statement that his total credit in that bank account in FY2011-12 was 1,48,298 Australian dollars. The average exchange rate of the Australian Dollar during the said period into INR was Rs53- 55 per Australian Dollar(AUD) in India.
“But even if we take Rs 50 as average exchange rate then his total credit in his commonwealth bank account becomes 148298AUD*50 = Rs74,14,900/- while his income as per Income Tax Return (ITR) for FY2011-12 was Rs7,24,450/-.With the corroborative examination of all the evidence in this regard it is clear that either he has not earned any part time income in Australia so he need not disclose any such Income in his ITR or the source of such cash deposit was illegitimate, and from the ill earned money of Pooja Singhal as they were in a relationship since 2009 and got engaged in Dec. 2010, which he could not disclose in his ITR. In either case, his present claim of cash deposit in Commonwealth bank account in Australia was sourced from his part-time income at Australia was nothing but an afterthought to claim his cash deposited in Indian accounts as untainted,” the ED stated.
