Sushmita Sen's harassment payout not taxable: Tribunal

Agencies
November 20, 2018

Mumbai, Nov 20: The Income Tax Appellate Tribunal (ITAT) passed an order in favour of Sushmita Sen, ruling the Rs 95 lakh that the actor received from beverages maker Coca Cola for settling a sexual harassment complaint would not be classified as an 'income'.

According to a November 14 order, the tribunal accepted the actor's contention that the sum is a "capital gain" and not an income which attracts tax. It also did away with a penalty of Rs 31.35 lakh that was slapped on her for concealment of this "income".

The case pertains to a Rs 1.50 crore contract between Coca Cola and Sen which was ended prematurely in 2003. The former Miss Universe had received a sum of Rs 1.45 crore from Coca Cola as the final settlement.

In her tax filings, the actor showed only Rs 50 lakh as "income" and the rest as extra receipts which are capital gains in nature.

"The only logical deduction was that the company accepted the contention of the assessee of the alleged sexual harassment and paid the compensation to avoid negative publicity/embarrassment which would have jeopardized the business of the company world over," the order said.

"The additional compensation was not towards the service rendered and did not arise out of the contractual terms," it adds.

Giving more details, the order said Sen alleged the termination was done for "collateral and illegal purpose of punishing the assessee for resisting attempts of sexual harassment" by an employee of CCIL (Coca Cola India).

Accepting Sen's contention, the tribunal said the final settlement of Rs 1.45 crore was "not a simple settlement of commercial claims" and only Rs 50 lakh was the 'income' due to her from the beverage maker.

"The said compensation did not accrue/arise out of exercise of profession by the assessee and could not be construed to be the income of the assessee or profits and gains of profession...we have no hesitation in deleting the impugned addition of Rs 95 lakh," it said.

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News Network
April 2,2020

New Delhi, Apr 2: Singer-songwriter Justin Bieber on Thursday announced that he is postponing all of his scheduled 2020 concerts for his 'Changes Tour' due to the global outbreak of coronavirus.

The singer took to Instagram and posted a statement on the platform to make an announcement in the regard.

"In light of the current public health crisis. And with the deepest concern for all those being affected. Justin Bieber will be postponing all currently scheduled 2020 dates for the changes tour," read a statement.

"While Justin -along with his band. Dancers and crew - has been hard at work preparing an amazing show. He has always put the health and well-being of his fans first and foremost," the statement further read.

The statement also said that the 'Cold Water' singer, "is anxiously awaiting the opportunity to get back out on the road and perform in a space that is safe for everyone."
Bieber asked all his fans to hold on to their tickets as the dates of the tour will soon be rescheduled.

According to the World Health Organisation, COVID-19 has affected over 8,27,419 people globally and has spread to almost 206 countries.

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News Network
January 30,2020

Mumbai, Jan 30: A day after a woman filed a complaint against Ganesh Acharya alleging that he had forced her to watch pornography, actor Tanushree Dutta said Bollywood should boycott the choreographer.

A 33-year-old woman, an assistant choreographer, has written to the National Commission for Women (NCW) alleging that Acharya used to make her watch porn videos whenever she visited his office in suburban Andheri.

She also alleged that Acharya and two women assaulted her during a function of the Indian Film and Television Choreographers Association (IFTCA) held in suburban Andheri on Sunday. A complaint has been filed in this regard with Amboli police.

"It's time Bollywood and the other Indian film industries boycott choreographer Ganesh Acharya completely. Hiding behind the male superstars who work with this despicable man, he has been abusing his power and position to harass, bully and take advantage of vulnerable young newcomers to the industry," Dutta said in a statement here.

Dutta had alleged that her co-star Nana Patekar harassed and misbehaved with her while shooting for a song for their 2008 film "Horn Ok Pleasss", and Acharya, who was the choreographer, introduced new steps which were "intimate".

Recalling the trauma she faced, Tanushree said even though Acharya was party to all the harassment she faced on the 'Horn ok Pleasss" set, he went on to spoil her name and reputation.

"Nobody had any regard for me and how much I had suffered psychologically and financially because of the turmoil I went though due to these people. I left the industry because I was so scared and hurt over the atrocious treatment meted out to me on 'Horn ok Pleasss' set.

"I had worked very sincerely to get to where I got in life and so went in shock for many years, over the whole episode on that set almost 12 years ago, that led to an attack on my car. They didn't just break my car, they broke my spirit that day," Dutta said, in reference to the attack on her car in 2008.

She expressed her displeasure over how "leading men" and "heroes" of Bollywood continued working with Acharya, whose most recent work includes "Simmba", "Zero", "Sanju" among others.

"Even after all the information of fraud, non payment of dues, sexual harassment of dancers, bullying and intimidation and even physical abuse of dancers is coming out about Ganesh Acharya in the media, if the actors, directors and producers still work with him, it would mean that they themselves are engaging in such acts also.

"It's a warning to the film industry to stay the hell away from Ganesh Acharya otherwise your own reputation will be joined to his character. I'm sure many more girls and boys will come out about his misbehaviour and shady business, opening floodgates in the future," she added.

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News Network
February 26,2020

New York, Feb 26: Disney CEO Bob Iger, who steered the company’s absorption of Star Wars, Pixar, Marvel and Fox’s entertainment businesses and the launch of a Netflix challenger, is stepping down immediately, the company said in a surprise announcement Tuesday.

The Walt Disney Co. named as his replacement Bob Chapek, most recently chairman of Disney’s parks, experiences and products business.

“Did not see this coming -- Wowza,” tweeted LightShed media analyst Rich Greenfield.

Iger will remain executive chairman through the end of his contract on Dec. 31, 2021. Besides leading the board, Iger said he will spend more time on Disney’s creative endeavors, including the ESPN sports network, the newly acquired Fox studios and the Hulu and Disney Plus streaming services. He said he could not do that while running Disney on a day-to-day basis.

“It was not accelerated for any particular reason other than I felt the need was now to make this change,” Iger said on a conference call with reporters and analysts.

Iger steered Disney through the successful purchases of Lucasfilms, Marvel, Pixar and other brands that became big moneymakers for Disney. Last year, the top five movies in U.S. and Canada theaters were all Disney movies, including two from Marvel and one from Pixar. With the Dec. 20 release of the latest “Star Wars” movie, Disney had seven movies that each sold at least $1 billion in tickets worldwide last year.

Iger’s most recent coup was orchestrating a $71 billion purchase of Fox’s entertainment business in March and launching the Disney Plus streaming service in November. That service got nearly 29 million paid subscribers in less than three months. In a statement, Iger said it was the “optimal time” for a transition.

Pivotal Research Group analyst Jeffrey Wlodarczak said Iger had implied he would stay until his contract ended in 2021.

“On the other hand, they just successfully closed the Fox deal and had an unquestionably successful launch of Disney Plus so maybe he felt earlier was better to hand off the reins,” he said.

Colin Gillis, director of research at Chatham Road Partners, said the choice of Chapek seems solid because his parks division has had success.

Chapek said that while he has not led television networks or streaming services, his background in consumer-oriented businesses should help. Chapek and Iger both stressed that Disney would continue on the direction it had already been taking.

Disney is facing challenges to its traditional media business as cord-cutting picks up, meaning less fees from cable and satellite companies to carry Disney networks such as ABC, ESPN and Freeform. Disney’s own streaming services require the company to forgo money in licensing revenue, although the company is betting that money from subscriptions will eventually make up for that.

In the short term, Disney parks in Hong Kong and Shanghai, China, remain closed because of the coronavirus outbreak. In a CNBC interview, Chapek said the outbreak may be a “bump in the road,” but he said the company could weather it given “affinity for the brand.”

Iger told CNBC he had no plans to stay with Disney beyond next year.

Iger’s appointment as CEO in 2005 had been accompanied by controversy and protest from dissident shareholders Roy E. Disney and Stanley Gold. But he has come to be seen as a golden-boy top executive, and even someone who could run for president.

Iger told Vogue in 2018 that he had started seriously exploring a run for president because he is “horrified at the state of politics in America today,” but the Fox deal stopped his plans. Oprah Winfrey told Vogue that she “really, really pushed him to run.”

Iger, a former weatherman, joined ABC in 1974, 22 years before Disney bought the network.

At ABC, Iger developed such successful programs as “Home Improvement,” “The Drew Carey Show,” and “America’s Funniest Home Videos” and was instrumental in launching the quiz show “Who Wants to Be a Millionaire.” He was also criticized for cancelling well-regarded but expensive shows such as “Twin Peaks” and “thirtysomething.”

Since Iger became CEO, Disney’s stock price has risen fivefold. Its stock fell more than 2% in extended trading following the announcement, on top of a broader market selloff on virus fears during regular trading.

Iger, 69, was the second-highest paid CEO in 2018, as calculated by The Associated Press and Equilar, an executive data firm. He earned $65.6 million. The top earner was Discovery’s David Zaslav who earned $129.5 million.

Susan Arnold, the independent lead director of the Disney board, said succession planning had been ongoing for several years.

Chapek, 60, is only the seventh CEO in Disney history. Chapek was head of the parks, experiences and products division since it was created in 2018. He was previously head of parks and resorts and before that president of consumer products.

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