PM to ‘clarify’ Pranab’s tax measures

June 29, 2012

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New Delhi, June 29: Taking charge of the Finance portfolio after the resignation of Pranab Mukherjee, Prime Minister Manmohan Singh has kindled hopes of a rethink on the controversial tax measures the departing Minister leaves behind.

While the Finance Ministry maintained on Thursday that there were no plans to defer the roll-out of the General Anti-Avoidance Rules (GAAR) beyond April 1, 2013, it said it was committed to providing “clarifications” to the PMO within two or three weeks on tax matters, which have raised the hackles of industry ever since the budget was presented.

Besides transfer pricing issues, the clarifications, in particular, would pertain to the retrospective amendment of Section 9 of the Income Tax Act — now popularly known as the Vodafone tax — which now forms apart of the Finance Act, 2012, on enactment of the Finance Bill.

Speaking to journalists, after another meeting with the Prime Minister a day after Dr. Singh in his review meeting with top Finance Ministry officials referred to “problems on the tax front which need to be addressed” as they were among the “many factors that have contributed to this general negative mood,” Finance Secretary R.S. Gujral said: “The Prime Minister’s Office sought clarifications on taxation issues and Section 9 of the Income Tax Act [related to tax on indirect transfer of assets]... We asked them to give us two-three weeks’ time.”

Under the amended provisions of Section 9 of the I-T Act, 1961, with retrospective effect, Vodafone would now be liable to pay about Rs. 20,000 crore (including interest), if and when a tax demand is raised by the authorities, though the British telecom major had won its case in the Supreme Court under the earlier legal framework.

While not giving any indication as to whether clarifications on the retrospective tax law were likely to result in any softening of the government’s stance, compared with what obtained when Mr. Mukherjee was Finance Minister, Mr. Gujral, who also heads the Revenue Department, sought to scotch speculation on deferment of the GAAR beyond April next year, as was indicated by the Finance Minister in his reply during the debate on the budget.

There is “no deferment... the GAAR is staying,” Mr. Gujral said, pointing out that the Finance Ministry would shortly issue draft explanatory guidelines on the GAAR for public comments. “We have finalised the GAAR draft rules after three meetings with the stakeholders. The draft will have examples for what would be deemed as permissible and impermissible arrangement.”

Late at night, the Central Board of Direct Taxes (CBDT) went into fast-forward mode to clear the confusion in the minds of foreign investors and issued a 23-page draft guidelines on the implementation of the GAAR in terms of Section 101 of the I-T Act with illustrative examples of cases, in which the provisions of the law would be invoked.

“The GAAR will be applicable for income arising from April 1, 2013. Certain grey areas have been highlighted. We need to clear the legislative intent of the proposal,” Mr. Gujral said. He pointed out that stakeholders would have 15 days to offer comments on the draft rules, after which the Finance Ministry would come out with the final guidelines.


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Agencies
August 6,2020

The Indian Defence Ministry, which had in its document that China intruded into the Indian territory in eastern Ladakh in early May, on August 6 took down the page which it had uploaded on its website.

According to a report by news channel NDTV, the ministry, in its document, had said the Chinese aggression has been "increasing along the Line of Actual Control (LAC) and more particularly in Galwan valley since May 5."

"The Chinese side has transgressed in the areas of Kungrang Nala, Gogra and north bank of Pangong Tso Lake on May 17-18," the document, titled 'Chinese Aggression on LAC' stated.

The document revealed that "... a violent face-off incident took place between the two sides on June 15, resulting in casualties on both sides."

After the clash, a second corps commander level meeting took place on June 22 to discuss the modalities of de-escalation. "While engagement and dialogue at military and diplomatic level is continuing to arrive at mutually acceptable consensus, the present standoff is likely to be prolonged," it said.

A defence ministry spokesperson told the news channel that the document "did not go through him".

The opposition Congress, meanwhile, asked the government why the report was taken down with party leader Rahul Gandhi alleging that removal of the document from websites would not change facts.

"Forget standing up to China, India's PM lacks the courage even to name them. Denying China is in our territory and removing documents from websites won't change the facts," Gandhi tweeted.

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Agencies
January 16,2020

New Delhi, Jan 16: The Arvind Kejriwal-led Delhi government on Thursday rejected the mercy plea of Mukesh, one of the convicts in the 2012 Nirbhaya case.

The mercy plea was then forwarded to Lieutenant Governor, who has now sent it to Union Ministry of Home Affairs.

The convicts were sentenced to death for raping a 23-year-old woman in a moving bus in the national capital on the intervening night of December 16-17, 2012.

The victim, who was later given the name Nirbhaya, had succumbed to injuries at a hospital in Singapore where she had been airlifted for medical treatment.

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News Network
February 13,2020

Guwahati, Feb 13: Hours after Assam's updated citizenship data disappeared from the website 'nrcassam.nic.in', an FIR was filed against a former NRC official for allegedly failing to submit the password to the sensitive document before quitting her job.

Talking to news agency on Thursday, NRC state coordinator Hitesh Dev Sarma said the complaint against former NRC project officer was filed under Official Secrets Act in Paltan Bazar police station here, as she "did not provide the password to the document, despite written reminders".

"She failed to surrender the password even after tendering her resignation on November 11 last year. She was a contractual employee and no longer authorised to hold the password, after quitting her job. An FIR has been filed against the former NRC project officer on Wednesday for violating the Official Secrets Act," he said.

Sarma also stated that the NRC office had written to her on several occasions for submitting the password, but did not get any response.

"We knew (she had resigned) and, therefore, sent several letters to her for handing over the password. But as she did not respond all these months, we filed a complaint against her yesterday for violating the Official Secrets Act.

"We must know if she has tampered with the sensitive information, after resigning," he added. The NRC state coordinator, however, refuted allegations of "malafide intent" involved in the matter.

"...this (cloud service provided by IT major Wipro) was not renewed by the earlier coordinator. So, the data went offline from December 15 last year. I assumed charge only on December 24," Sarma, who had gone on leave for a weeks after being appointed as the NRC state coordinator, clarified.

He also said that the state coordination committee had discussed the issue in its meeting on January 30 and wrote to Wipro during the first week of February.

"Once Wipro makes the data live, it will be available to the public. We hope that people will be able to access it in the next 2-3 days," Sarma claimed.

Reacting to the development, Wipro had said: "The IT Services Contract was not renewed by the authorities upon its expiry in October, 2019. However, as a gesture of goodwill, the company continued to pay the hosting service fee until January-end, 2020."

In another FIR filed with state criminal investigation department on Wednesday, NGO Assam Public Works (APW) alleged that former NRC Assam coordinator Prateek Hajela tampered with the final NRC list - published on August 31, 2019.

APW member Rajib Deka, in his complaint, accused Hajela of disobeying orders and directions of the Supreme Court, forgery of public register and committed offences under cyber laws for altering or changing public records by misusing his powers and position.

The NGO also said that after publication of the final list, several social networks and sections of the media had reported anomalies, insisting that many 'doubtful' persons were able to insert their names in the final list.

The Centre on Wednesday asserted that NRC data in Assam was safe even though some technical issues have been detected, which would be resolved soon.

Senior journalist-cum-RTI activist Saket Gokhale had sent an application to the NIC, the IT wing of the government, seeking a copy of the contract with Wipro.

"The Assam NRC data suddenly vanishing from the website (& the lack of data security) is incredibly shady. I've filed an RTI with the NIC specifically asking about details of the contract with Wipro, name of the cloud service provider, & all contracts signed for hosting this," he tweeted, while attaching a copy of the RTI application.

Leader of the Opposition in Assam Assembly and Congress leader Debabrata Saikia has also written to the Registrar General of India, requesting him to look into the fiasco urgently.

"It is a mystery as to why the online data should vanish all of a sudden, especially as the process to file appeals was yet to begin, all because of the go-slow attitude adopted by the NRC Authority. There is, therefore, ample scope to suspect that disappearance of online data is a malafide act," he had insisted.

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