Records show Narendra Modi got at least five income tax refunds, Rahul Gandhi six

Agencies
April 29, 2019

New Delhi, Apr 29: Prime Minister Narendra Modihas got income tax refunds at least five times in the last 18 years, while Congress chief Rahul Gandhi has received six refunds during the same period. Besides, the refunds for assessment years 2015-16 and 2012-13 got "adjusted against outstanding demand" in case of Modi, while it was the case for Gandhi in assessment year 2011-12.

This is based on the online 'refund status' service provided by the Tax Information Network of the Income Tax Department, managed by NSDL e-Governance Infrastructure Limited.

The refund status since the assessment year 2001-02 can be checked online on this platform with an individual's PAN (Permanent Account Number), which has been sourced from the election affidavits filed by the political leaders for the Lok Sabha polls 2019.

Rahul Gandhi's mother and senior Congress leader Sonia Gandhi has also got at least five refunds since the assessment year 2001-02, but there is no adjustment against any outstanding demand for her in this time period.

On the other hand, BJP chief Amit Shah's income tax refund got "adjusted against outstanding demand" for the assessment year 2015-16. The TIN-NSDL records do not show any other refund for him in the last 18 years.

While the portal does not disclose the amount of the refund, it mentions the date of the refund or adjustment, the challan sequence number and the mode of payment (cheque or direct credit), among other details.

As per the 'refund status' records, Modi got his refund for the assessment year 2018-19 through 'direct credit' to his account on September 26, 2018. The refund for the same year took place on October 6, 2018 for Sonia Gandhi and on March 26, 2019 for Rahul Gandhi.

Modi got the refund for assessment year 2016-17 on August 16, 2016 through direct credit and through 'refund cheque' for 2013-14 on January 7, 2015, for 2010-11 on January 9, 2015 and for 2006-07 on October 11, 2007.

For assessment years 2015-16 and 2012-13, his refund got "adjusted against outstanding demand". Modi became Prime Minister in May 2014.

In case of Rahul Gandhi, his refund for assessment year 2011-12 got "adjusted against outstanding demand" on February 1, 2012, while he also got a refund cheque for the same year a few days later on February 13, 2012.

His other refunds relate to assessment years 2017-18, 2016-17, 2012-13 and 2007-08.

Sonia Gandhi's refunds relate to assessment years 2016-17, 2012-13, 2008-09 and 2007-08, besides 2018-19.

Interestingly, both Rahul and Sonia Gandhi have disclosed in their election affidavits filed for the Lok Sabha 2019 elections that the Income Tax Department has initiated reassessment proceedings against them for the assessment year 2011-12 and has passed reassessment order, dated December 31, 2018, raising demand.

The two leaders, however, added in their affidavits that the said proceedings are under challenge before the Supreme Court.

In his affidavit, Rahul Gandhi has declared total income (as shown in income tax returns) of over Rs 1.11 crore for financial year 2017-18 (up from Rs 1.03 crore in 2013-14), while it is Rs 9.6 lakh for Sonia Gandhi (down from Rs 17.6 lakh in 2013-14).

In his affidavit, Modi had declared total income of Rs 19.92 lakh for the financial year 2017-18, up from Rs 9.69 lakh in 2013-14. There are no "income tax dues" pending against him, as per Modi's election affidavit filed for Varanasi Lok Sabha constituency.

Listing his assets in the affidavit, Modi under the sub-head 'value of claims/interest' mentioned Rs 85,145 as tax deducted at source (TDS) for financial year 2018-19.

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News Network
January 1,2020

Jan 1: The ban on the practice of instant triple talaq, making it a penal offence and the increase in the strength of Supreme Court judges were two of the major achievements of the law ministry in 2019.

In July, Parliament gave its nod to The Muslim Women (Protection of Rights on Marriage) Bill, 2019. The new law makes talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal.

It makes it illegal to pronounce talaq three times in spoken, written or through SMS or WhatsApp or any other electronic chat in one sitting.

According to the new law, any Muslim who pronounces the illegal form of talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

During the year, four new judges were appointed to the Supreme Court in September, taking its strength to 34, the highest-ever.

However, vacancies in high courts and lower courts are on the rise and convincing state governments and the 25 high courts to come on board to create an all-India judicial service to recruit judges for the subordinate courts tops the agenda of the Law Ministry in 2020.

Besides creating a consensus on setting up the All-India Judicial Services, the ministry will also have to focus on filling up vacancies in the high court. On an average, the vacancies stood at 400 throughout this year.

With more than 5,000 positions of judicial officers in district and subordinate courts lying vacant, the Law Ministry has pitched for setting up all-India judicial services.

The sanctioned strength of the judicial officers in district and subordinate courts was 22,644. The number of judicial officers in position and vacant posts is 17,509 and 5,135, respectively.

The government has proposed that while states and high courts can recruit judicial officers, the Union Public Service Commission (UPSC) can hold pan-India entrance tests.

The ministry has made it clear that such services would not encroach on the powers of the states.

As of now, the selection and appointment of judges in subordinate courts is the responsibility of the high courts and state governments concerned.

The Narendra Modi government has given a fresh push to the long-pending proposal to set up the new service to have a separate cadre for the lower judiciary in the country.

But there is a divergence of opinion among state governments and respective high courts on the constitution of the All India Judicial Service (AIJS).

One of the problems cited is that since several states have used powers under Code of Criminal Procedure (CrPC) and Code of Civil Procedure (CPC) to declare that the local language would be used in lower courts even for writing orders, a person say selected from Tamil Nadu may find it difficult to hold proceedings in states like Uttar Pradesh and Bihar.

The other point of opposition is that an all India service may hamper the career progression of state judicial services officers.

Another key issue the ministry has to handle in 2020 is vacancies in the 25 high courts.

Throughout 2019, on an average, the high courts faced a shortage of 400 judges.

According to Law Ministry data, as on September 1, the high courts had 414 vacant positions as compared to the sanctioned strength of 1,079 judges. The figure was 409 in August and 403 in July, as per the data.

A three-member Supreme Court collegium recommends the names of candidates for appointment as high court judges. In case of appointments to the Supreme Court, the collegium consists of five top judges of the top court.

High court collegiums shortlist candidates for their respective high courts and send the names to the law ministry.

The ministry, along with background check reports by the Intelligence Bureau, forwards it to the Supreme Court collegium for a final call.

The government has maintained that appointment of judges in the high courts is a "continuous collaborative process" between the Executive and the Judiciary, as it requires consultation and approval from various Constitutional authorities.

Vacancies keep arising on account of retirement, resignation or elevation of judges and increase in judges' strength. In June last year, the vacancy position stood at 399, while it was 396 in May.

In April, 399 posts of judges were vacant, while the figure was 394 in March. The vacancy position in February stood at 400 and in January, it was 392, according to the data collated by the Department of Justice.

Over 43 lakh cases are pending in the 25 high courts.

Another priority would be the finalisation of the memorandum of the procedure to guide the appointment and transfer of the Supreme Court and high court judges. The issue had now been pending for over two years now with the SC collegium and the government failing to reach a consensus.

Successive governments have also been working on making India a hub of international arbitration. It has taken several steps to change laws dealing with commercial disputes.

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News Network
June 11,2020

New Delhi, Jun 11: Union Minister Kiren Rijiju on Thursday said the religious and constitutional rights of minorities are absolutely safe in India and it does not need any certificate from anyone as communal harmony and tolerance are in the DNA of the country and its majority community.

Comments of Rijiju, a Buddhist, came after a top Trump administration official has said that the US is very concerned about what is happening in India in terms of religious freedom.

"India doesn't need certificate on communal harmony and tolerance which is in the DNA of India and the majority community in India," Rijiju, who holds the charge of the Union minister of state for minority affairs besides being the union sports minister, said in a statement.

Rijiju said the social, religious and constitutional rights of minorities are absolutely safe in the country.

"A few politically intolerant people are trying to create an atmosphere of fear and intolerance. As a member of the minority community, I feel India is the best country in the world for the minorities," he said.

Samuel Brownback, the US Ambassador-at-Large for International Religious Freedom, said on Wednesday that India has been a country area that spawned four major religions itself.

"We do remain very concerned about what's taking place in India. It's historically just been a very tolerant, respectful country of religions, of all religions," he said.

The trendlines have been troubling in India because it is such a religious subcontinent and seeing a lot more communal violence, Brownback said.

His comments came after the release of the '2019 International Religious Freedom Report'.

Mandated by the US Congress, the report documenting major instances of the violation of religious freedom across the world was released by Secretary of State Mike Pompeo at the State Department.

India has previously rejected the US religious freedom report, saying it sees no locus standi for a foreign government to pronounce on the state of its citizens' constitutionally protected rights.

"India is proud of its secular credentials, its status as the largest democracy and a pluralistic society with a longstanding commitment to tolerance and inclusion", the government had said earlier.

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News Network
May 11,2020

New Delhi, May 11: Prime Minister Narendra Modi on Monday chaired a fresh round of consultation with chief ministers on ways to strengthen the COVID-19 containment strategy and stepping up of economic activities in a calibrated manner as the 54-day nationwide lockdown nears an end.

Large-scale movement of migrant workers from urban to rural India and the problems their return to home states may cause in restarting the economy will also be among the focus areas during the fifth virtual interaction between the prime minister and chief ministers since the outbreak of the deadly virus in the country.

There will be an effort to ensure that all participating chief ministers get an opportunity to air their views during the interaction, as some of the CMs had complaint that they were not allowed to put forth their views during the last interaction on April 27.

At a meeting on Sunday with Cabinet Secretary Rajiv Gauba, state chief secretaries told him that "while protection is required from COVID-19, economic activities also need to be stepped up in a calibrated manner", according to an official statement.       

With thousands of migrant workers taking special trains to go back to their home states, the restarting of industrial activities will prove to be a challenge for states though several relaxations have been made in labour laws to increase factory output.    

The meet is also likely to discuss efforts to convert 'red' zones with high COVID-19 case load into 'orange' or 'green' zones.       The prime minister interacted with the chief ministers last on April 27. Days after the meeting, the central government had extended the lockdown by two more weeks till May 17 to arrest the spread of the virus, but gave several relaxations in economic activities and movement of people.

The nationwide lockdown has been in force since March 25 to contain the spread of the virus, which has killed more than 2200 people, and afflicted more than 67,000 in the country.

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