Lalit Modi has ten days to connect with tax authorities in Switzerland failing which procedures in the country will continue without him. “The publication in the Federal Gazette is a last resort if the person cannot be contacted otherwise,” Joel Weibel, spokesperson for the Swiss Federal Tax Authority (FTA) told The News Minute.
Earlier this week two notifications, one in the name of Lalit Kumar Modi and another for Minal Modi alias Minalini Modi were issued in the Swiss gazette. This last call comes in the wake of assistance to India in tax matters. Under Swiss procedure, this means authorities in the Alpine nation have been unable to reach the concerned person and are publicly giving the concerned people a chance and a notice to defend themselves.
Under the double taxation avoidance agreements between Bern and New Delhi, both countries have agreed to notify each other wherever relevant, for tax application to mutually accepted laws. Swiss laws stipulate that the person concerned in a matter like the current one has to be notified about the request – in this case from India – in order for the person’s right to be safeguarded.
The person concerned – in this case Lalit Modi and Minal Modi – have the right to appeal to the Swiss Federal Administrative Court against a final decree issued by the Swiss. They can appeal either directly or through the offices of a lawyer. The only requirement is that an address should be made available to the Swiss government where they can send correspondence.
L’affaire Modi is one of India’s most high-profile investigations into tax evasion, money laundering and cricket. It may be recalled that the former Indian Premier League (IPL) Commissioner who is believed to be in London left India facing a money-laundering probe.
The Enforcement Directorate (ED) has asked the External Affairs Ministry to seek Modi’s extradition from the United Kingdom (UK). The ED is seeking his cooperation in a case relating to a T-20 cricket match. A First Information Report (FIR) has been registered against him and some others under the provisions of the Prevention of Money Laundering Act (PMLA).
Modi has denied all wrongdoing. How he proposes to proceed with the Swiss deadline which runs out on June 10th will be a keenly watched development in Switzerland as well as in India.