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
June 17,2020

New Delhi, Jun 17: Bollywood actor Hrithik Roshan expressed sorrow over the 'unrest' the country is facing, following the news of the Indian Army personnel being killed in a face-off with the Chinese in Ladakh's Galwan Valley was confirmed.

The 'Super 30' actor said that the situation of 'unrest' people are facing now and to know about the loss of lives in Ladakh has left him with a "heavy heart."

"Our defence stands tall on the ground. My highest respect to the martyred in the line of duty. Condolences & prayers for their families. May the departed & living find peace," the 'War' actor tweeted.

Signalling to the strength and showing support to the Indian Army, veteran actor Anupam Kher wrote on Twitter: "Bharatiya Sena Ki Jai. Jai Hind"

While, 'Golmaal' actor, Tusshar Kapoor tweeted: "More power to our heroes, our brave soldiers in all frontiers! RIP our martyrs!"

The violent face-off happened on late evening and night of June 15 in Ladakh's Galwan Valley as a result of an attempt by the Chinese troops to "unilaterally change" the status quo during de-escalation in Eastern Ladakh and the situation could have been avoided if the agreement at the higher level been scrupulously followed by the Chinese side, India said on Tuesday.

The Army confirmed that 20 soldiers were killed in the face-off including 17 who were critically injured at the stand-off location and exposed to sub-zero temperatures in the high altitude terrain.

Indian and Chinese troops have disengaged at the Galwan area in Ladakh where they had earlier clashed on the night of June 15 and 16, Indian Army said.

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News Network
February 3,2020

Feb 3: Actor-cum-activist Swara Bhaskar on Sunday targetted the Central government over granting Padma Shri to Pakistan-origin singer Adnan Sami who became an Indian citizen in 2016.

Addressing "Save the Constitution, Save the Country" rally here in Madhya Pradesh, Bhaskar said that passing the new citizenship amendment act tantamount to "betrayal" of the Constitution.

Sami, born in London to a Pakistani Air force veteran, applied for Indian citizenship in 2015 and became a citizen of the country in January 2016.

He was one of the 118 people chosen for the Padma Shri awards by the Centre last month.

"The legal process to grant citizenship to refugees and arrest infiltrators already exists in India. You (the government) have granted Indian citizenship to Adnan Sami and now selected him for Padma Shri through that process. (If this is the case) What is the need and justification for the Citizenship Amendment Act?" Bhaskar asked.

"On the one hand you abuse us (anti-CAA protesters), cane-charge us, slap us, hurl teargas shells at us and on the other hand you award Padma Shri to a Pakistani," she said

Bhaskar said the government labels some people as the members of "tukde-tukde gang" and anti-nationals" as per its convenience.

"Supporters of the CAA and the NRC keep harping about the so-called infiltrators having entered our country. If that is the case then why are we unable to see these intruders?" she asked.

"The problem is that they have intruded into the minds of the government and the ruling party," she said.

Bhaskar said the government seems to have "fallen in love with Pakistan".

"It sees Pakistan everywhere. My devout grandmother doesn't chant Hanuman Chalisa as often as this government keeps chanting the Pakistan mantra," she said.

Without naming the RSS, the actor said, "Sitting in Nagpur, these people are spreading politics of hatred".

Bhaskar said Pakistan chose to become a religious nation after the Partition in 1947 unlike India which opted to become a "secular republic where one's religion has nothing to do with citizenship".

"(Pakistan founder Mohammad Ali) Jinnah died a long ago, but his admirers want to divide the country again in the name of a religion," Bhaskar said.

She criticised BJP national general secretary Kailash Vijayvargiya for his controversial remarks about the 'presence' of Bangladeshi infiltrators in Indore, after some labourers were found eating poha and not rotis.

"If poha is Bangladeshi cuisine, then Kailash Vijayvariya, who grew up eating poha (in Indore), should be required to show his Indian citizenship papers," she demanded.

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News Network
May 28,2020

Agartala, May 28: Tripura Police has registered a complaint against Bangladeshi singer Mainul Ahsan Nobel, who earned fame in the music reality show 'Sa Re Ga Ma Pa' in Kolkata, for allegedly humiliating Prime Minister Narendra Modi over social media.

The complaint was filed by a resident of Belonia town in South Tripura district who is a student of Pandit Deen Dayal Petroleum University at Gandhinagar in Gujarat.

The complaint was filed on May 25, the person who is called Suman Paul said.

Nobel is not yet a popular singer in Bangladesh and has always been rejected by the audience of that country. He participated in the TV music reality show called Sa Re Ga Ma Pa in Kolkata, earned money, gained fame and returned to Bangladesh. If the person insults our prime minister it cannot be accepted. So I filed the FIR, Paul told reporters.

Belonia superintendent of police Jal Singh Meena confirmed that the complaint was registered and forwarded to Tripura Polices cyber crime cell.

The complaint was registered the same day it was filed at Belonia police station under Indian Penal code sections 500 (punishment for defamation), 504 (intentional insult), 505 (public mischief) and the IT Act.

We have registered the complaint and forwarded it to the cybercrime cell because it is not in the Indian cyberspace. We have started an investigation into the issue, the SP said.

Rajib Dutta, the officer-in-charge of Belonia police station said that as per the complaint the Bangladeshi singer had abused Modi in a Facebook post calling him a "mere chaiwala (tea seller)'.

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