Even after 2 years, Modi govt has failed to put in place a simple GST system: CAG

Agencies

July 31, 2019

New Ddelhi, Jul 31: The government has failed to put in place a simplified tax compliance regime and non-intrusive e-tax system remains elusive even after two years of the Goods and Services Tax's (GST) roll-out, according to official auditor, Comptroller and Auditor General of India (CAG).

"The complexity of return mechanism and the technical glitches resulted in roll back of invoice-matching, rendering the system prone to ITC frauds. Thus, on the whole, the envisaged GST tax compliance system is non-functional," the CAG has said a report tabled in Parliament on Tuesday.

The new indirect tax regime had kicked in July 2017. The transformation tax structure is aimed at reducing tax cascading, ushering in a common market for goods and services and bringing in a simplified, self-regulating and non-intrusive tax compliance regime.

The CAG said that one significant area where the full potential of GST roll out has not been achieved is the roll out of the simplified tax compliance regime.

While it was expected, the auditor said, that compliance would improve as the system would stabilise, all returns being filed showed a declining trend of filing from April 2018 to December 2018.

According to the report, the filing percentage of GSTR-1 returns (monthly returns on outward supplies) were throughout less in comparison to the corresponding filing of GSTR-3B returns (summary self-assessed return). The introduction of GSTR-3B resulted in filing of returns with ITC claims which could not be verified and it appears to have disincentivised filing of even GSTR-1.

"Since filing of GSTR-1 is mandatory, short-filing is an area of concern and needs to be addressed," the CAG noted.

GSTR-3B being only a summary return, short-filing of GSTR-1 implied that the tax departments did not have complete invoice level details as filed by the suppliers, which could be used to verify details given in GSTR-3B or to arrive at turnover.

During the audit, the CAG found that system validations were not aligned to the provisions of the GST Act and as a result, there were some crucial gaps in the registration module. Among various gaps, the system failed to validate and debar ineligible taxpayers from availing Composition Levy Scheme.

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Faithful begin Hajj pilgrimage under strict Covid-19 measures

Agencies

July 29,2020

Dubai, Jul 29: Muslim pilgrims on Wednesday begin the annual Haj, downsized this year as the Saudi hosts strive to prevent a coronavirus outbreak during the five-day pilgrimage.

The Haj, one of the five pillars of Islam and a must for able-bodied Muslims at least once in their lifetime, is usually one of the world's largest religious gatherings.

But this year only up to 10,000 people already residing in the Kingdom will participate in the ritual, a tiny fraction of the 2.5 million pilgrims from around the world that attended last year.

"There are no security-related concerns in this pilgrimage, but (downsizing) is to protect pilgrims from the danger of the pandemic," said Khalid bin Qarar Al Harbi, Saudi Arabia's director of public security.

Pilgrims will be required to wear masks and observe social distancing during a series of religious rites that are completed over five days in the holy city of Makkah and its surroundings in western Saudi Arabia.

Those selected to take part in the Haj were subject to temperature checks and placed in quarantine as they began trickling into Makkah at the weekend.

State media showed health workers sanitising their luggage, and some pilgrims reported being given electronic wristbands to allow authorities to monitor their whereabouts.

Workers, clutching brooms and disinfectant, were seen cleaning the area around the Kaaba, the structure at the centre of the Grand Mosque draped in gold-embroidered cloth towards which Muslims around the world pray.

Haj authorities have cordoned off the Holy Kaaba this year, saying pilgrims will not be allowed to touch it, to limit the chances of infection.

They also reported setting up multiple health facilities, mobile clinics and ambulances to cater to the pilgrims.

Saudi authorities said only around 1,000 pilgrims residing in the Kingdom would be permitted for the Haj. Some 70 per cent of the pilgrims are foreigners residing in the Kingdom, while the rest will be Saudi citizens, authorities said.

All worshippers were required to be tested for coronavirus before arriving in the holy city of Makkah and will also have to quarantine after the pilgrimage as the number of cases in the Kingdom nears 270,000.

They were given elaborate amenity kits that include sterilised pebbles for a stoning ritual, disinfectants, masks, a prayer rug and the Ihram, a seamless white garment worn by pilgrims, according to a Haj ministry programme document.

"I did not expect, among millions of Muslims, to be blessed with approval," Emirati pilgrim Abdullah Al Kathiri said in a video released by the Saudi media ministry.

"It is an indescribable feeling... especially since it is my first pilgrimage."

The Haj ministry said non-Saudi residents of the Kingdom from around 160 countries competed in the online selection process but it did not say how many people applied.

Despite the pandemic, many pilgrims consider it safer to participate in this year's ritual without the usual colossal crowds cramming into tiny religious sites, which make it a logistical nightmare and a health hazard.

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Rajasthan Congress issues whip to MLAs ahead of legislature party meeting

Agencies

July 13,2020

Jaipur, July 13: Amid deepening political crisis in Rajasthan, a crucial meeting of the Congress Legislature Party (CLP) will be held at the chief minister's residence here on Monday.

The Congress has issued a whip to all party legislators mandating their presence during the meeting which will be convened at 10.30 am by Chief Minister Ashok Gehlot.

Deputy Chief Minister Sachin Pilot has made it clear that he is not going to attend the meeting.

In a statement issued on Sunday night, Pilot had claimed that the Ashok Gehlot government was in minority and more than 30 Congress and some independent legislators have pledged support to him.

By doing so, he has openly displayed rebellion against the leadership of Gehlot.

However, All India Congress Committee (AICC) general secretary Avinash Pande has said that 109 MLAs have expressed confidence in the Ashok Gehlot-led Congress government in the state and have signed a letter in support.

Pande said a whip had been issued asking all the MLAs to attend the CLP meeting and that action will be taken against those who skip it.

In the 200-member Rajasthan Assembly, the Congress has 107 MLAs and the BJP 72.

The Congress has the support of 10 out of 13 independents, and other party MLAs like Rashtriya Lok Dal (1), which is its ally. The Congress also considers Bhartiya Tribal Party (2) and CPI(M) (2) MLAs as their supporters.

BJP ally Rashtriya Loktantrik Party (RLP) has three MLAs in the assembly.

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Nirbhaya case: SC throws out curative pleas of 2 death row convicts

News Network

January 14,2020

New Delhi, Jan 14: The curative petitions of Vinay Sharma and Mukesh, who were sentenced to death in the Nirbhaya gang rape and murder case, was on Tuesday rejected by a five-judge Supreme Court Bench led by Justice N.V. Ramana.

In a three-page order, the Bench concluded, after an in chamber consideration that began about 1.45 p.m., that there was no merit in their pleas to spare them from the gallows.

“We have gone through the curative petitions and relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this Court in Rupa Ashok Hurra versus Ashok Hurra. Hence, the curative petitions are dismissed,” the court held.

Curative is a rare remedy devised by a Constitution Bench of the Supreme Court in its judgment in the Rupa Ashok Hurra case in 2002. A party can take only two limited grounds in a curative petition - one, he was not heard by the court before the adverse judgment was passed, and two, the judge was biased. A curative plea, which follows the dismissal of review petition, is the last legal avenue open for convicts in the Supreme Court. Sharma was the first among the four convicts to file a curative.

The Bench also rejected their pleas to stay the execution of their death sentence and for oral hearing in open court.

Besides Justice Ramana, the Bench comprised Arun Mishra, Rohinton Nariman, R. Banumathi and Ashok Bhushan.

Curative petitions were filed in the Supreme Court by both convicts on January 9. The petitions had come just days after a Delhi sessions court schedulled the execution of all the four convicts in Tihar jail on January 22.

Sharma and Mukesh, in separate curative petitions, argued that there was a “sea change” in the death penalty jurisprudence since their convictions. Carrying out the death sentence on such changed circumstances would be a “gross miscarriage of justice”.

In his plea, Sharma said the Court had commuted the death penalty in several rape and murder cases since 2017, when it first confirmed the death penalty to the Nirbhaya convicts.

“fter the pronouncement of judgment in 2017, there have been as many as 17 cases involving rape and murder in which various three-judge Benches of the Supreme Court have commuted the sentence of death,” the petition contended.

The Supreme Court recently dismissed a review petition filed by Akshay Singh, another of the four four condemned men, to review its May 5, 2017 judgment confirming the death penalty. It also refused his plea to grant him three weeks' time to file a mercy petition before the President of India.

A Bench led by Justice R. Banumathi had said it was open for the Nirbhaya case convicts to avail whatever time the law prescribes for the purpose of filing a mercy plea.

Akshay (33), Mukesh (30), Pawan Gupta (23) and Sharma (24) had brutally gang-raped a 23-year-old paramedical student in a moving bus on the intervening night of December 16-17, 2012. She died of her injuries a few days later.

The case shocked the nation and led to the tightening of anti-rape laws. Rape, especially gang rape, is now a capital crime.

One of the accused in the case, Ram Singh, allegedly committed suicide in the Tihar jail. A juvenile, who was among the accused, was convicted by a juvenile justice board. He was released from a reformation home after serving a three-year term.

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