ED seeks fugitive offender tag for Mallya

Agencies
June 22, 2018

New Delhi, JUN 22: India made its first official move to clampdown against big bank loan defaulters under a new law as the Enforcement Directorate (ED) moved a court against liquor baron Vijay Mallya seeking to declare him a 'fugitive offender' and to confiscate his assets worth Rs 12,500 crore.

Officials said the agency filed an application before a Mumbai court under the recently promulgated Fugitive Economic Offenders Ordinance that empowers it to confiscate all assets of an absconding loan defaulter.

The application accessed by PTI seeks to immediately confiscate about Rs 12,500 crore assets of Mallya and his companies, both movable and immovable.

The ED has furnished evidences in its two charge sheets, filed under the Prevention of Money Laundering Act (PMLA) in the past, to make a case for seeking a fugitive offender tag for Mallya from the court.

Mallya is contesting these money laundering charges in London as part of India's efforts to extradite him from there and face the legal system here in connection with an overall alleged loan default of over Rs 9,000 crore of various banks.

As per the existing process of law under the PMLA, the ED can confiscate the assets only after the trial in a case finishes which usually takes many years.

The Modi government brought the fugitive ordinance as "there have been instances of economic offenders fleeing the jurisdiction of Indian courts, anticipating the commencement, or during the pendency, of criminal proceedings," the government said.

The Fugitive Economic Offenders Bill, 2018 was introduced in the Lok Sabha on March 12 but couldn't be taken up due to logjam in Parliament over different issues.

With Parliament being adjourned sine die, an ordinance was proposed.

The Union Cabinet on April 21 approved the ordinance and the President gave his assent to promulgation of the same a day later.

The ordinance makes provisions for special courts under the Prevention of Money Laundering Act, 2002 to declare a person as a fugitive economic offender and order immediate confiscation of assets.

"A Fugitive Economic Offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution," the government said.

Cases of frauds, cheque dishonour or loan default of over Rs 100 crore would come under the ambit of this ordinance.

The ordinance offers necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal before the high court.

 

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Agencies
January 11,2020

Those owning a single house in joint names would continue to file their income tax returns (ITRs) in much simpler ITR-1 (Sahaj) and ITR-4 forms (Sugam) for assessment year 2020-21 with the government issuing a clarification in this regard.

The clarification has come days after the government modified the eligibility for filing the returns in ITR-1 and ITR-4, stating that those owning a property jointly, spending Rs 2 lakh on foreign travel and paying electricity bill of Rs 1 lakh in a year would not be able to file returns in the simpler forms.

They would have to file their returns with much more detailed information in other specified forms.

Following the changes in the eligibility for filing returns in the two forms, concerns were raised over it with taxpayers claiming that it will cause huge hardship for them.

"The matter has been examined and it has been decided to allow a person, who jointly owns a single house property, to file his/her return of income in ITR-1 or ITR-4 Form, as may be applicable, if he/she meets the other conditions," a Finance Ministry statement said.

"It has also been decided to allow a person, who is required to file return due to fulfilment of one or more conditions specified in the seventh proviso to section 139(1) of the Act, to file his/her return in ITR-1 Form," it added.

Tax practitioners welcomed the government’s move of going back to the previous position.

"This is a welcome clarification allowing middle class taxpayers owning a single house property to file simpler ITR forms, 1 and 4, and not the detailed ITR forms even if they own house property in joint names," said Shailesh Kumar, Director, Nangia Andersen Consulting.

It may be noted that taxpayers holding multiple house properties would have to file more detailed return forms.

In the major changes notified earlier this month by the Income-Tax department, individual taxpayers were disallowed to file return either in ITR-1 or ITR 4 if he or she was a joint-owner in house property.

In another change, those who deposited more than Rs 1 crore in bank account or spent Rs 2 lakh on foreign travel or paid Rs 1 lakh on electricity bill in a financial year were also barred from using the easy-to-fill return forms.

"By today's clarification, the government has maintained status quo. Now, the taxpayers can continue filing their returns in the same fashion in which they did last year," said Naveen Wadhwa, Deputy General Manager (DGM), Taxmann.

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News Network
June 25,2020

New Delhi, Jun 25: Union Home Minister Amit Shah on Thursday hit out at Congress for "unceremoniously sacking" its spokesperson and said that leaders in the opposition party are "feeling suffocated".

To substantiate his point, Shah referred to the recent Congress Working Committee (CWC) meet in which senior members and younger members raised a few issues, however, they were "shut down".

Taking to Twitter, Shah posted two English dailies' articles titled -- "Not scared of PM Modi, but many in the party dodge him: Rahul at Congress Working Committee meet" and "Congress removes Sanjay Jha as party spokesperson after critical article".

Last week, Jha was dropped as AICC spokesperson and Abhishek Dutt and Sadhna Bharti appointed as National Media Panelist of Congress party.

"During the recent CWC meet, senior members and younger members raised a few issues. But, they were shouted down. A party spokesperson was unceremoniously sacked. The sad truth is - leaders are feeling suffocated in Congress," the Union Minister tweeted.

Meanwhile, Shah also targetted Congress on the completion of 45 years of emergency, which was imposed by former Prime Minister Indira Gandhi on June 25, 1975 and asked the party to self introspect.

"As one of India's opposition parties, Congress needs to ask itself: Why does the Emergency mindset remain? Why are leaders who do not belong to 1 dynasty unable to speak up? Why are leaders getting frustrated in Congress? Else, their disconnect with people will keep widening," he wrote.

Comments

Fairman
 - 
Thursday, 25 Jun 2020

Jha the spokesperson, tried to be under the payroll of BJP, so disciplinary action was imminent.

 

Discipline has no compromise.

Mohammed
 - 
Thursday, 25 Jun 2020

If i am not wrong you have already purchased suffocated leaders from congress.

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News Network
March 31,2020

New Delhi, Mar 31: At least 24 people staying at Markaz building in Nizamuddin area of the national capital have tested positive for coronavirus, Delhi Health Minister Satyendar Jain on Tuesday.

"All of them are being screened. We are not certain of the number but it is estimated that 1500-1700 people had assembled at the Markaz building. 1033 people have been evacuated so far - 334 of them have been sent to the hospital and 700 sent to quarantine centre. Total 24 positive cases have been found so far," he said while speaking to reporters here.

The minister also slammed the organisers of the religious event saying that they have committed a grave crime.

"The event's organisers committed a grave crime. Disaster Act and Contagious Diseases Act was enforced in Delhi, no assembly of more than 5 people was allowed. Still, they did this. I have written to Lieutenant Governor to take strict action against them. Delhi government has given an order to file an FIR against the organisers," the Health Minister said.

Earlier, the Delhi government had said: "It has come to our knowledge that administrators of Nizammuddin Markaz violated coronavirus lockdown conditions and now several positive cases have been found. Strong action would be taken against those in charge of this establishment. Delhi government will ask the police to register an FIR against Maulana of Markaz, Nizamuddin." 

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