GoM suggests making GST inclusion in MRP mandatory

Agencies
October 31, 2017

New Delhi, Oct 31: Maximum retail price of goods must include the GST component to effectively address consumer complaints that some retailers charge the new indirect tax on MRP of products, a high-level panel of state finance ministers has recommended.

The group of ministers, headed by Assam Finance Minister Himanta Biswa Sarma, has in its recommendation to the GST Council on easing compliance burden on small and medium enterprises suggested that the government make it amply clear in the present law that MRP is the maximum price of a product to be sold in retail and charging anything above this is an offence.

This rule, sources said, must be applicable to establishments like restaurants, eateries and malls that sell packaged goods such as bottled beverages which already carry an MRP, but at some places, a GST is charged over and above that MRP.

However, businesses while uploading the invoice to the government in filing returns and paying taxes can separately show the GST component and the selling price of the product.

"We have suggested that when businesses issue invoice to consumers, the MRP should be inclusive of GST. The bifurcation in tax collection and sale price can be shown in the invoice while paying taxes to the government," sources told PTI.

In Guwahati on November 10, the GST Council, chaired by Union Finance Minister Arun Jaitley and comprising his state counterparts, is likely to take up the recommendations of the GoM, which was set up earlier this month.

Over half a dozen MSMEs yesterday made a presentation before the GoM yesterday, sources added.

Among other things, the GoM also suggested lowering the fees for delayed filing of returns to Rs 50 a day from Rs 100.

Also, the panel pitched for extending the quarterly filing of returns facility to all taxpayers.

Currently, businesses with turnover of up to Rs 1.5 crore are allowed to file returns and pay taxes every quarter.

It also suggested further simplification in return filing process, HSN Code and invoice matching.

The major recommendation of the GoM includes slashing tax rate to 1 per cent for manufacturers and restaurants while easing norms for traders opting for it.

Manufacturers and restaurants with turnover of up to Rs 1 crore pay GST under the composition scheme at 2 per cent and 5 per cent, respectively. The same for traders is 1 per cent.

It also suggested doing away with the tax rate distinction between AC and non-AC restaurants, those which are not covered under the composition scheme, and tax them at 12 per cent with input credit.

Also, eating out at hotels, which has room tariff of more than Rs 7,500, should attract a uniform 18 per cent tax rate instead of any separate category for 5-star hotel, the GoM recommended.

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News Network
February 14,2020

London, Feb 14: Liquor tycoon Vijay Mallya once again asked the Indian banks to take back 100 per cent of the principal amount owed to them at the end of his three-day British High Court appeal on Thursday against an extradition order to India.

The 64-year-old former Kingfisher Airlines boss, wanted in India on charges of fraud and money laundering amounting to an alleged Rs 9,000 crores in unpaid bank loans, said the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) are fighting over the same assets and not treating him reasonably in the process.

“I request the banks with folded hands, take 100 per cent of your principal back, immediately,” he said outside the Royal Courts of Justice in London.

“The Enforcement Directorate attached the assets on the complaint by the banks that I was not paying them. I have not committed any offenses under the PMLA (Prevention of Money Laundering Act) that the Enforcement Directorate should suo moto attach my assets," he said.

"I am saying, please banks take your money. The ED is saying no, we have a claim over these assets. So, the ED on the one side and the banks on the other are fighting over the same assets,” he added.

Asked about heading back to India, he noted: “I should be where my family is, where my interests are.

"If the CBI and the ED are going to be reasonable, it’s a different story. What all they are doing to me for the last four years is totally unreasonable.”

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench presiding over the appeal, concluded hearing the arguments in the case and said they will be handing down their verdict at a later date after considering the oral as well as written submissions in the “very dense” case over the next few weeks.

On a day of heated arguments between Mallya’s barrister, Clare Montgomery, and Crown Prosecution Service (CPS) counsel Mark Summers, arguing on behalf of the Indian government, both sides clashed over the prima facie case of fraud and deception against Mallya.

“We submit that he lied to get the loans, then did something with the money he wasn’t supposed to and then refused to give back the money. All this could be perceived by a jury as patently dishonest conduct,” said Summers.

“What they [Kingfisher Airlines] were saying [to the banks] about profitability going forward was knowingly wrong,” he said, as he took the High Court through evidence to counter Mallya’s lawyers’ claims that Westminster Magistrates Court Judge Emma Arbuthnot had fallen into error when she found a case to answer in the Indian courts against Mallya.

Mallya, who remains on bail on an extradition warrant, is not required to attend the hearings but has been in court to observe the proceedings since the three-day appeal opened on Tuesday. A key defence to disprove a prima facie case of fraud and misrepresentation on his part has revolved around the fact that Kingfisher Airlines was the victim of economic misfortune alongside other Indian airlines.

However, the CPS has argued that “there is enough in the 32,000 pages of overall evidence to fulfil the [extradition] treaty obligations that there is a case to answer”. “There is not just a prima facie case but overwhelming evidence of dishonesty… and given the volume and depth of evidence the District Judge [Arbuthnot] had before her, the judgment is comprehensive and detailed with the odd error but nothing that impacts the prima facie case,” said Summers.

At the start of the appeal, Mallya’s counsel claimed Arbuthnot did not look at all of the evidence because if she had, she would not have fallen into the multiple errors that permeate her judgment. The High Court must establish if the magistrates’ court had in fact fallen short on a point of law in its verdict in favour of extradition.

Representatives from the Enforcement Directorate (ED) and Central Bureau of Investigation (CBI), as well as the Indian High Commission in London, have been present in court to take notes during the course of the appeal hearing.

Mallya had received permission to appeal against his extradition order signed off by former UK home secretary Sajid Javid last February only on one ground, which challenges the Indian government's prima facie case against him of fraudulent intentions in acquiring bank loans.

At the end of a year-long extradition trial at Westminster Magistrates’ Court in London in December 2018, Judge Arbuthnot had found “clear evidence of dispersal and misapplication of the loan funds” and accepted a prima facie case of fraud and a conspiracy to launder money against Mallya, as presented by the CPS on behalf of the Indian government.

Mallya remains on bail since his arrest on an extradition warrant in April 2017 involving a bond worth 650,000 pounds and other restrictions on his travel while he contests that ruling.

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News Network
May 21,2020

Kolkata, May 21: Around 300 nurses have left Kolkata for Manipur after resigning from their jobs, said JS Joyrita, Deputy Residence Commissioner, Manipur Bhavan, Kolkata on Wednesday.

"Around 60 more nurses will be leaving tomorrow. We are getting many calls from people who want to go back to Manipur," she said.

Earlier, it was reported that 185 nurses have quit their job from hospitals in Kolkata and returned to Imphal. Cristella, a nurse said: "We are not happy that we left our duties. But we faced discrimination, racism and people sometimes spit on us. Lack of PPE kits, and people used to question us everywhere we went."

According to the latest information available on the website of the Ministry of Health and Family Welfare, 2961 cases of the virus have been reported from West Bengal 1074 cured/migrated/discharged and 250 deaths.

India's COVID-19 tally reached 1,06,750 on Wednesday, according to the Union Ministry of Health and Family Welfare. As many as 140 deaths have been reported in the last 24 hours, taking the total number of deaths to 3,303. Out of the total cases, 61,149 are actives cases and 42,298 patients have been cured/discharged/migrated.

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News Network
May 25,2020

Thiruvananthapuram, May 25: About 100 people, including a Magistrate and some police personnel, have been asked to go into quarantine after an accused, who was produced before a lower court here following his arrest, later testedpositive, officials said on Monday. The accused, who was arrested along with two others in connection with a case relating to illicit liquor transportation two days ago, had been shifted to thePoojapura central jail after he was remanded to judicial custody.

With his sample testing positive on Sunday, theman has been sent to a designated COVID-19 hospital. The Nedumangad court magistrate, before whom he was produced, 34 police personnel, including a circle inspector, who were on duty at the Venjaramoodu police station when the accused was broughtafter his arrest, some employees of a government hospital where his swab sample was taken and 12 officials of thePoojapura central jail have gone into quarantine, police sources said.

. Meanwhile, Malayalam film actor Suraj Venjaramoodu and Vamanapuram MLA D K Murali (CPI) are under self-imposed quarantineas they had attended a function in which the circle inspector had taken part.

Two days ago, a car in which illicit liqour was being transported had hit a policeman and sped away, but people managed to stop the vehicle and the three accused, who were in an inebriated state, were arrested, sources said.

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