Saturday 9 February 2019

TAXATION UPDATES 09.02.2019




HIGH COURT TO EXAMINE ISSUE OF BANKS SHARING CUSTOMERS' PAN DATA WITH CREDIT RATING AGENCIES

The Delhi High Court Friday sought response of the Centre and the RBI on a PIL seeking to stop banks from sharing PAN and financial transaction data of clients with credit rating agencies without their formal consent. A bench of Chief Justice Rajendra Menon and Justice V K Rao issued notice to the Ministry of Finance and the Reserve Bank of India, seeking their stand on the plea The plea claimed that sharing of a customer's Permanent Account Number (PAN) and other transactions with credit rating agencies like Transunion CIBIL Ltd affects the person's right to privacy. According to the petitioner, Abhijit Mishra, banks use the credit reports given by agencies like CIBIL to decide whether to grant loans, issue credit cards and even fix the rate of interest to be charged. The plea, filed through advocate Payal Bahl, Mishra has contended that the Central Board of Direct Taxes (CBDT) has not issued any notification regarding sharing of customers' PAN and other transaction details by the banks with any private or non-government entity. The petition states that even the Income Tax Act, 1961, does not allow sharing of PAN data of citizens with agencies like CIBIL for the development of a credit score. It has also claimed that there is no formal agreement between the Reserve Bank of India (RBI) and the Ministry of Finance or CBDT on sharing of PAN and transaction details of the client by banks or non-banking finance companies (NBFCs) with the credit rating agencies. Mishra has also contended that RBI has without independently reviewing, auditing or validating the process used by such entities to generate a credit score, granted the certificate of registration to them. The petition has sought directions to immediately stop the credit institutions (banks) to share the details of the transactions of the customers and borrowers based on PAN. It has also sought a direction to RBI to frame a policy to regulate this practice.
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GOVERNMENT FAVOURS ZERO OR 3% GST RATE ON AFFORDABLE HOUSING

To bring buyers back to the real estate market, a Group of Ministers set up by the GST Council is studying the feasibility of two very bold proposals. The first proposal--and one that states may not favour--is to charge buyers Zero GST on the purchase of a property categorized as affordable housing. The second proposal--and one that in all likelihood will be more acceptable to states--is to levy a 3% GST rate The Centre is very keen on Zero GST rate on affordable housing and has been seeking inputs on its financial implications. The states may not agree and will prefer a 3% levy. Either way, there will be a clear definition of affordable housing. It will also reconcile with RBI's so that there is problem in buyers getting home loans, said a government official. Another proposal on the table is to cut the effective 12% GST rate to a flat 5% with no input tax credit for all properties not categorised as affordable housing. Builders are not in favour of this, and have been saying this could actually have an inflationary impact as they will not be able to offset against steel, cement and all other construction material. Builders have requested the GST Council to consider another option, and that is an effective tax rate of 7.2% but with input tax credit. Again, the final call will be that of the GST Council. Either way in an Election Year, the Centre is hoping to get all states on board to announce massive cuts, and provide a much needed booster shot to housing market that has been in the midst of a major downcycle since 2008.
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GOM FAVOURS CUTTING GST TO 5 PC ON RESIDENTIAL PROPERTIES, 3 PC ON AFFORDABLE HOUSING

A panel of state ministers Friday favoured lowering GST on under-construction residential properties to 5 per cent, from 12 per cent currently. In its first meeting, the GoM also favoured slashing GST on affordable housing from 8 per cent to 3 per cent. Officials said the report of the GoM would be finalised within a week and would be placed before the GST Council in its next meeting. The GoM favoured lowering GST rates on residential houses to 5 per cent without input tax credit and to 3 per cent for those under affordable housing, an official said. GST, however, is not levied on buyers of real estate properties for which completion certificate has been issued at the time of sale.
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ONLY 61 INDIVIDUALS DECLARED GROSS INCOME OF OVER RS 100 CRORE IN AY2017-18

There were only 61 individuals who declared an income of more than Rs 100 crore during assessment year 2017-18, though the number has risen sharply from 38 in the previous year. The number of individuals disclosing a gross total income of more than Rs 100 crore in a year in his/her return of income filed with the Income Tax Department was 24 in assessment year 2014-15 and since then it has been steadily rising. The minister also said there was no official/uniform definition of classification of a person as 'billionaire' Replying to another question, Minister of State for Finance Shiv Pratap Shukla said that government is taking action under Benami Properties Transactions Act, and properties valued at Rs 6,900 crore were under attachment by agencies. The income tax authorities till December 2018 have identified more than 2,000 benami transactions, he added. These include, deposits in bank accounts, plots of land, flat and jewellery, he said, adding that provisional attachment of properties have been done in over 1,800 cases.
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ANGEL TAX EXEMPTION MAY BE HIKED TO RS 25 CRORE

The Department for Promotion of Industry and Internal Trade and Central Board of Direct Taxation are likely to increase the exemption threshold for startups from the so-called Angel Tax. Under the new rules, companies whose share premium does not exceed Rs 25 crore will get immunity from the taxation. The earlier limit was Rs 10 crore. Angel tax is a term used to refer to the income tax payable on capital raised by unlisted companies via issue of shares where the share price is seen in excess of the fair market value of the shares sold. The exemptions will be based on the submission of audited financials and income tax returns of a startup, along with a self-certified declaration that the angel funds raised by the firm have and will not be used for inappropriate purchases. This is based on a submission made by LocalCircles and iSPIRT, people aware of the discussions told. The move will bring relief to a majority of startups that over the past few months have received notices from the I-T Department to pay tax on capital they’ve raised from angel investors. The working committee put in place by DPIIT secretary Ramesh Abhishek on Feb 4 with the aim to accept suggestions and come up with solutions for the issue, also agreed to redefine startups as any entity incorporated for a period of up to 10 years with turnover not exceeding Rs 50 crore. Under the previous definition, the government of India recognised a startup as an entity incorporated less than seven years ago with a turnover of less than Rs 25 crore. A notification from the ministry of commerce and industry announcing these changes is expected to come as soon as February 11. What they’ve agreed to is a blanket exemption of Rs 25 crore in share premium for a DPIIT registered startup, regardless of the source - whether it’s from an individual, friends and family, unlisted company, etc. The CBDT will not question that, said a person aware of discussions that took place on February 8. This is going to be retrospective as well, meaning any startup that has a pending order can submit the required documents and the commissioner of appeals needs to take it into consideration, the person added.
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TAX DEDUCTED FROM BANK ACCOUNTS OF START-UPS; I-T DEPARTMENT CLARIFIES

Two start-ups, TravelKhana and Babygogo, have claimed that the income-tax (I-T) department withdrew lakhs from their bank accounts for angel tax it feels they are liable to pay. The department had allegedly frozen four bank accounts of TravelKhana (Duronto Technologies) and withdrew about Rs 33 lakh on investments raised by the company from angel investors in 2015-16. Babygogo got an SMS alert from its bank showing a negative balance of Rs 72 lakh, but it did not have much in its account. In the case of TravelKhana, its founder and Chief Executive Officer (CEO) Pushpinder Singh has said the Central Board of Direct Taxes (CBDT) took coercive action by freezing its bank account and withdrawing money despite assurances from the government that no action would be taken. He said their requests for abeyance sent to the tax department were unheeded to. Countering these claims, the CBDT clarified later in the evening that the additions in tax demands have been made using provisions of Section 68 of the I-T Act, which deals with unexplained cash credits to companies, and not Section 56, which dwells on tax on share premiums. The CBDT said TravelKhana failed to substantiate the source of some cash deposits, which resulted in a tax demand of nearly Rs 2.22 crore. It said it had requested for confirmation of persons making the deposits from the food-on-the-go start-up. Wherever confirmations were submitted, the same were accepted and no tax addition was made. However, where no confirmations were furnished, the assessing officer made the addition after issuing a show-cause notice and obtaining a reply, the CBDT said in their official release. While TravelKhana’s accounts have been unfrozen, the money has not been returned. This is despite the finance minister assuring start-ups that no coercive action would be taken against them.
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DORABJI TATA TRUST CHALLENGES I-T DEPT'S DECISION TO WITHDRAW TAX EXEMPTION

The Dorabji Tata Trust has challenged the income-tax department’s decision to withdraw tax exemption to the organisation. The trust has moved the Commissioner of Income Tax (CIT) Appeals, considered to be the first appellate authority to hear a tax grievance. On December 31, 2018, the I-T department had issued an order denying exemption to the Trust for alleged violation of certain conditions relating to ‘’significant compensation’’ paid to Managing Trustee R Venkataramanan. The trust has challenged the assessing officer’s order in the CIT appeals. It has also sought a stay on the tax demand raised against it, according to an I-T official privy to the development. In the appeal, the Trust is learnt to have contested the findings of the assessing officer, saying the 87-year old Trust deed provides for the compensation to its trustee. Typically, any matter with CIT Appeals takes six months to one-year to finalise. And if the order upholds the plea of of the Department, the assessee can approach the income tax Appellate Tribunal. The assessing officer in the order had pointed out the compensation of Venkataramanan (referred to as Venkat) was beyond the permissible limit under the I-T Act. The order also raised objection on the Trust’s deed, terming Venkat’s payment excessive. The scrutiny of the books reveals some inaccurate particulars of the total income making the taxable income to the tune of Rs 315 crore. So accordingly, the Trust has to deposit 20 per cent of the tax demand raised against it with the Department until the matter concludes. The tax demand is typically 30 per cent along with the interest of the total taxable income. Besides, the penalty proceeding, if initiated, could go in the range of 100 to 300 per cent of the total demand raised, the official quoted above said. According to the CIT, there is a huge difference in the percentage of the remuneration paid to trustees in case of Sir Dorabaji trust and other trusts. The executive trustee of the Dorabji Trust gets over 1.18 per cent of the total income, which is not reasonable, while others get a maximum of 0.15 per cent, it said.
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NEW RETURN FILING SYSTEM OF GSTN

GSTN will focus, amongst others, on the development of new return filing further improving the user interface, and Business Intelligence and Analytics. Improvement in User Interface on the basis of feedback is a continuous process Few important initiatives/improvements made for better User Experience are:

·       Questionnaire for filing GSTR-3B to avoid errors by taxpayers.
·       Option to generate pre-populated Challan by the system to avoid depositing Cash in wrong Head by the taxpayers.
·       Introduction of one click Nil return filing.
·       Suggested utilisation of ITC informed to the taxpayer for discharging tax liability.
·       Contextual help for GST transactions like Registration, Returns, Payment, etc.

GSTN has started work on BI & Analytics Different scenarios of BI have been identified on which work is going on such as Persona based Analysis, Predictive Analysis, Fraud/Anomaly Detection, Statistical Scoring, 360-degree view of taxpayers, Circular Trading & Network Analysis, etc. Further, GSTN shares data with tax authorities on the following:

·       Mis-match between figures reported in GSTR-1 & GSTR-3B.
·       Mis-match between figures reported GSTR-3B and that computed by the system in GSTR-2A.
·       Taxpayers who have generated e-way bill but not filed tax returns

Comparison of GSTR-1 & GSTR-3B for liability analysis, GSTR-2A & GSTR-3B for comparison of ITC being claimed by taxpayers, and analysis regarding taxpayers who have generated e-way bill but not filed tax returns is being done and the reports generated are shared with tax authorities for taking appropriate action.
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DIRECT TAX COLLECTION DURING APRIL-JANUARY STANDS AT RS 7.89 TRN: GOVT

Net direct tax collection during the April-January period of current financial year stood at Rs 7.89 trillion Parliament was informed on Friday. Shiv Pratap Shukla said there were 9.92 crore direct taxpayers in Assessment Year 2016-17, which increased to 7.41 crore in 2017-18. Total direct tax collection in 2017-18 stood at Rs 10.02 trillion. In the April-January period of current financial year, total direct tax collection stood at Rs 7,88,930 crore. In the revised estimates for current financial year, the government has pegged direct tax collection at Rs 12 trillion. In the 2017-18 financial year, the Direct Tax-GDP ratio stood at 5.98 per cent.
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I-T SEARCHES YIELD 433 CR. FROM THREE COMPANIES

The Income Tax (I-T) Department has found over 433 crore of unaccounted money during searches at retail firm New Saravana Stores Bramandamai and two real estate firms — G Square Realtor’s Private Limited and Lotus Ventures and Infrabuild Private Limited. According to officials of the I-T Department, Investigations Wing, of the total, 284 crore belonged to the retailer while the rest was from the two real estate firms. During the search operations, the taxmen seized 24.36 crore cash, gold weighing 12.53 kg and diamonds (626 carats). Over 72 places belonging to the three firms were under the I-T scanner since the first raids on January 29. An official, who was part of the search operation, said, It took a long time to conclude this operation because we had to search each floor at New Saravana Stores Bramandamai. One of the properties had nine floors. We also had to go through the CCTV footage in each of the floors thoroughly. Another source said that the taxmen noticed suppression of sales to the tune of over 1,500 crore by manipulating software used by the retailer. In the following days, the proprietors of all the firms where the taxmen searched would be summoned for questioning, an official said.
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EXPORT CREDIT

Export Credit extended by Scheduled Commercial Banks has continued to reflect a steady increase As per data compiled by the Reserve Bank of India (RBI), the Export Credit – Balance Outstanding in respect of all Scheduled Commercial Banks at the end of financial year 2016-17 & 2017-18 stood at Rs. 2,43,505 Crore and Rs. 2,43,890 Crore respectively. It declined marginally by 0.56% to Rs. 2,42,523 Crore in the First Quarter of Current Financial Year before registering an increase of 4.59% to Rs. 2,53,676 Crore in Second Quarter ending Sept. 30th, 2018. Federation of Indian Export Organisation (FIEO) has urged the Government to increase the flow of credit to Micro, Small & Medium Enterprise (MSME) exporters. Government has taken various steps in this regard. These, inter-alia, include raising interest equalization rate under Interest Equalisation Scheme (IES) from 3% to 5% for MSME exports; including Merchant exporters under IES for Pre and Post Shipment Rupee Export Credit; facilitating export under GST by permitting Letter of Undertaking in place of bond with no bank guarantee for exporting goods or service or both; allowing Merchant exporters to procure goods, from domestic suppliers, for export, with nominal GST of 0.1%; Provisional sanction of 90% refund amount within 7 days in case of exports etc.
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ICAI TO START E-HEARING IN DISCIPLINARY PROCEEDINGS FROM FEB 9

The Institute of Chartered Accountants of India is gearing up to cross another milestone in its long historical journey towards technological advancement by adopting the e-hearings in its Disciplinary processes which is instrumental in bringing out cost-effective disciplinary mechanism. The newly introduced e-hearings would pave the way for expeditious disposal of Disciplinary cases The Institute, for the first time, fixed to conduct e-hearing of disciplinary proceedings on February 9, 2019 through Video-conferencing in terms/compliance of the recent amendments made to the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007. e-hearings, ICAI as a pilot project decided to commence, initially from its five regional headquarters located at New Delhi, Mumbai, Kolkata, Chennai and Kanpur which would be gradually extended to other locations.
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VIJAY MALLYA SENT MONEY FROM LOANS OUTSIDE INDIA, HAD NO INTENTION OF REPAYING, REVEALS ED PROBE

Absconding liquor baron Vijay Mallya had no intention of paying back loans of over Rs 5,500 crore to a consortium of banks even though creditors agreed to restructure debt for his Kingfisher Airlines (KAL) offering a lifeline to the now defunct airline. Investigations into the financial mess at KAL undertaken by the Enforcement Directorate (ED) have revealed that Mallya's intentions of not paying the banks post restructuring emerged as he did not push profit-generating United Breweries Holdings (UBHL) and other group companies to strengthen KAL by infusing capital. Instead, an amount of Rs 3,516 crore was channelised through various dummy companies through a circuitous route as unsecured loan to KAL by UBHL. This further eroded the net worth of KAL as restructured principal loan amount itself stood at Rs 5,575.72 crore. Interestingly, UHBL arranged unsecured loans from entities such as Wave Group (Rs 188 crore), a Sahara Group company - SICCL (Rs 200 crore). Thus, unsecured loan was arranged through a circuitous route obliterating the origin of the funds thereby increasing debt of KAL and eroding its viability further. In its investigations, ED concluded that Mallya did not have the intention to pay for loans taken by him as debt was being added to loss-making KAL and he, with UBHL, also challenged invocation of personal guarantee on loans given by the two in the Bombay High Court. In fact, the agency officials say, criminal conspiracy was hatched for obtaining and restructuring loan to KAL and they had no intention to repay loan ab initio. The investigations have also tracked the money trail of loans given to KAL and have revealed that a major portion of loans given to the airline has been remitted outside the country and falsely shown as expenses on account of operational expenses or lease rentals. A total of over Rs 3,200 crore of loans given to KAL by State Bank of India (SBI), Punjab National Bank (PNB) and Axis Bank was remitted outside the country towards aircraft rental leasing and maintenance, spare parts but investigations have found huge variations in the payments, especially towards lease rentals even for the same kind of aircraft for the same period of time. As repeated reminders to KAL to furnish supporting documents for lease rentals did not elicit any action, ED concluded that bank loans obtained were siphoned abroad under the ruse of lease rentals in a calculated and pre-designed manner. Post restructuring of loan in 2010 the principal outstanding for KAL fell from just over Rs 6,000 crore to Rs 5,575.72 crore. This amount further reduced RS 4,930.34 crore in December 2010 as banks such as SBI realised some amount by selling a portion of shares pledged to the consortium of banks of the shares.
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SYNDICATE BANK FRAUD: ED FILES ANOTHER CHARGESHEET

In a breakthrough in the massive Syndicate Bank fraud, the Enforcement Directorate (ED) has filed a Supplementary Prosecution Complaint under the Prevention of Money Laundering Act, 2002 (PMLA) against several persons accused in the massive Syndicate Bank fraud. Investigation revealed that during the period from 2011 to 2016, Bharat Bomb, an Udaipur-based Chartered Accountant who was the master mind of the fraud, in collusion with bank officials and others indulged in fraudulent transactions such as discounting of forged cheques, discounting of forged inland bills, and availing of overdraft facility against non-existent LIC policies and thereby caused the bank loss to the tune of 1,055 crore. Further, these accused siphoned off funds of the bank for illegal personal gains. The tainted money earned by them was invested in immovable assets or transferred in various bank accounts through complex maze of transactions. Till now, the ED has identified proceeds of crime worth 302.66 crore consisting of movable and immovable properties which have been attached under the PMLA.
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GUJARAT HIGH COURT RESERVES JUDGMENT IN BULLET TRAIN CASES

The Gujarat High Court on Thursday reserved its judgment in the bunch of petitions filed by land owners opposing the acquisition of their land for the ambitious bullet train project between Ahmedabad and Mumbai by offering meagre compensation. The division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav had earlier clarified that they will dictate the judgment in the open court and the final verdict on the same was expected on Thursday. However, the bench clarified that the judgment is incomplete and kept it reserved With the bench reserving the verdict, it is expected that the final verdict on the case will be now pronounced in the court and there will be no more hearings. Notably, the farmers and other land owners have vehemently opposed the acquisition of their land by the state government by offering compensation as per the 2011 jantri rates. The petitioners have demanded that their land should be acquired by the authorities at the rate at which the state government had sold its land for other projects. The petitioners have also demanded that the state should take care of their rehabilitation and resettlement as mandated under the central Land Acquisition Act 2013. Counsel for the petitioners Anand Yagnik said, The farmers are not against the bullet train project. It is a policy decision and they will abide by it. All they want is a fair compensation for their land. Jantri rates of 2011 are certainly not the benchmark that can be considered for calculating the compensation. There are cases where the market rate is 10 times of the jantri rates.
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NSEL SCAM: COURT SENDS EX-DIRECTOR JOSEPH MASSEY TO 6-DAY JUDICIAL CUSTODY

The Maharashtra Protection of Interest of Depositors (MPID) court on Friday awarded six-day judicial custody to Joseph Massey, the former director of the scam-hit defunct spot commodity trading platform National Spot Exchange Ltd (NSEL) in connection with a Rs 5,600-crore payment default. Massey has been in police custody since his arrest by the Economic Offences Wing (EOW) of the Mumbai Police on January 27. The former NSEL director, in the meanwhile, has moved a bail application in the MPID court claiming that he has been fully co-operating with the police in the ongoing investigation. The court is set to start hearing his bail plea on Monday. Massey will now be produced before the court on February 13.
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PROBE VADRA, CHIDAMBARAM BUT GIVE ANSWERS ON RAFALE: RAHUL TO GOVT

Rahul Gandhi on Friday said he has no problem if the government investigates his brother-in-law Robert Vadra or senior party leader P Chidambaram as long as it also answers questions on the Rafale jet deal Gandhi launched a fresh broadside against the government on the deal following a report claiming the Defence ministry raised strong objections to parallel discussions conducted by the PMO during the negotiations between India and France. Whatever inquiry you want to do, you do it. You implement the law. Robert Vadra, P Chidambaram - you implement the law on everyone. No problem. But you also give answers on the Rafale matter he said. Describing Rafale as an open and shut case, he said, I am telling you that whatever investigation you want to do, you should do it. You are the one who is in government. But then investigate this (Rafale) too.
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RAHUL GANDHI'S RAFALE ALLEGATION 'YET ANOTHER LIE': BJP

The BJP Friday described Rahul Gandhi's allegations against Prime Minister Narendra Modi in the Rafale deal as yet another lie from his lie-manufacturing factory and accused the Congress president of working at the behest of foreign forces for the cancellation of the fighter aircraft deal. The Prime Minister's Office was directly involved in negotiations with the French on the Rafale deal and Modi was guilty in the scam, Congress president Rahul Gandhi said on Friday in a fresh attack on the government over the fighter jet agreement. It is an open and shut case, Gandhi declared, citing a report claiming the Defence ministry raised strong objections to parallel discussions conducted by the PMO during the negotiations over the Rs 59,000 crore Rafale deal between India and France. The lie-manufacturing factory of Rahul Gandhi continues to operate and he has served us yet another lie. We absolutely reject his allegations, Prakash Javadekar told. He demanded Gandhi should tell them as to which aircraft company officials he had met during his recent visit to Europe. Rahul Gandhi and the Congress are working to get the Rafale deal scrapped. They are playing in the hands of foreign forces and companies with vested interest, Javadekar alleged. He said the Congress-led UPA government had finalised the Rafale deal in 2011 but did not go ahead with it because it had not got any commission. There cannot be a deal in a Congress government without any commission, Javadekar alleged. The Supreme Court has said there is no scam in the Rafale deal. Gandhi does not accept it. Repeating a lie would not make it true, he said. Nirmala Sitharaman Friday also dismissed the media report on the Rafale jet deal as flogging a dead horse and accused the opposition of playing into the hands of multinational companies and vested interests. They are flogging a dead horse. Periodical enquiries by the PMO cannot be construed as interference, the minister said during the Zero Hour in Lok Sabha.
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MAMATA GOVT DEFAMED BENGAL, LEFT PEOPLE HELPLESS: PM MODI

Modi Friday launched a scathing attack on the Mamata Banerjee government, claiming it had defamed the soil of West Bengal and rendered its people helpless. Modi said it was an extortionist syndicate and not 'Didi', as Banerjee is fondly called, that was running the state. Those who got power in Bengal in the name of 'Maa, Maati, Manush' after unseating the Left have also adopted the culture of violence. They have defamed the soil of Bengal and rendered its people helpless, Modi said attacking TMC government. Assailing Banerjee for the sit-in she staged against the attempted questioning of Kolkata police commissioner Rajeev Kumar by the CBI in the Saradha chit fund scam case, the prime minister said it was for the first time that a chief minister had staged a dharna to protect the fraudsters who looted lakhs of poor people. This chowkidar will spare neither the perpetrators of chit fund scams nor those protecting them, he asserted.
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NARENDRA MODI MASTER OF CORRUPTION: MAMATA BANERJEE

Mamata Banerjee Friday hit out at Prime Minister Narendra Modi calling him the master of corruption and said that she supported the views of the Congress on the Rafale deal. She described Rafale deal as one of the biggest scam of the country. I do not know how much money changed hands or what had happened, but certainly there must be something behind the curtain. Rafale deal is a big scam and I support the Congress' views on it, Banerjee told. Rahul Gandhi had alleged that the prime minister has stolen Rs 30,000 crore of your money, bypassed a process, and given it to his friend Mr Anil Ambani. He demanded answers to questions raised by a media report that the PMO conducted parallel negotiations on the Rafale deal, saying it is now crystal clear that the watchman is the thief. He is the master of arrogance and a shame for the country. I have no words to describe him. His standard is so low that we have never expected such a man to be the prime minister. We have respect for the chair but not for this man, she said.
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PMO DID NOT HOLD PARALLEL PARLEYS: OFFICIAL WHO LED THE RAFALE NEGOTIATION

Amid a fresh controversy over the Rafale deal, Air Marshal SBP Sinha (retd), who was leading the Indian negotiating team for the fighter jet purchase, Friday rejected the charge that the Prime Minister's Office (PMO) had held parallel negotiations. G Mohan Kumar also said it was absolutely wrong to say that the PMO was conducting a parallel negotiation, as alleged in a media report to which the Congress and other opposition leaders have latched on to attack the Modi government over the Rafale deal. There was no parallel negotiation and every word in the Intergovernmental Agreement is jointly decided by the Indian and the French negotiating teams without participation of any other agency, Sinha said. Sinha was one of the top Air Force officials leading the Indian negotiating team. None of us were aware of the note and neither was it discussed with the Indian negotiating team, Sinha said.
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AUGUSTAWESTLAND CASE: CHRISTIAN MICHEL APPROACHES DELHI'S PATIALA HOUSE COURT FOR BAIL, NEXT HEARING ON FEB 12

On Friday, alleged AgustaWestland middleman Christian Michel approached Delhi's Patiala House Court for bail in CBI and ED cases Delhi's Patiala House Court has now sought the response of CBI (Central Bureau of Investigation) and ED (Enforcement Directorate) on the bail plea of Michel. Next date of hearing is February 12. The CBI has alleged there was an estimated loss of Euro 398.21 million (approximately Rs 2,666 crore) to the exchequer in the deal that was signed on February 8, 2010 for the supply of VVIP choppers worth Euro 556.262 million. The Enforcement Directorate (ED), in its charge sheet filed against Michel in June 2016, had alleged that he received EUR 30 million (about Rs 225 crore) from Italy-based Finmeccanica's British subsidiary AgustaWestland.
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VVIP CHOPPER CASE: COURT EXTENDS BY 4 DAYS ED CUSTODY OF RAJEEV SAXENA

A Delhi court on Friday extended by four days the ED custody of Rajeev Saxena, arrested in the 3,600-crore AgustaWestland money laundering case. The Enforcement Directorate (ED) sought his further custody before the court, saying the probe is at a crucial stage.
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SC TO HEAR PLEA FOR FRESH PROBE IN HAREN PANDYA MURDER CASE ON FEB 11

The Supreme Court Friday fixed February 11 for hearing a plea filed by an NGO seeking re-investigation into the murder of former Gujarat minister Haren Pandya on the ground that some new facts have surfaced after the trial. A bench of Justices A K Sikri and S Abdul Nazeer said that an appeal arising out of this case has been already heard by a different bench. It will be appropriate if the same bench hears this petition, the bench said and posted the matter for hearing on February 11. The bench headed by Justice Arun Mishra had on January 31 reserved its verdict in the appeal by CBI against Gujarat High Court's acquittal of all the accused. Advocate Prashant Bhushan, appearing for the petitioner NGO CPIL said that four new facts have surfaced after the trial and re-investigation needs to be ordered. The NGO had moved the apex court last month seeking a court-monitored investigation into the murder. Pandya was a minister of state for home in the then Narendra Modi government in Gujarat. He was shot dead on March 26, 2003, in Ahmedabad near Law Garden area of the city during morning walk.
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WIFE JUSTIFIED TO STAY SEPARATELY IF ABUSED BY IN-LAWS, CAN SEEK MAINTENANCE FROM HUSBAND: BOMBAY HC

The Bombay High Court while rejecting a petition filed by an estranged husband challenging the maintenance amount granted to his wife and rejecting his plea for restitution of conjugal rights by the family court, said, If the wife is not comfortable because of the approach and attitude of the parents of her husband and the treatment given to her by them, the wife is just to live separately and demand maintenance from the husband. Justice VK Jadhav while dismissing the petition added, In our society, importance is given to the wishes of the husband. Even if the wife is not comfortable with her in­laws, she has to follow the wishes of her husband and stay there along with the parents of her husband in order to respect the wishes of her husband. However, in the changing scenario of the lifestyle and considering the developing concept of nuclear family, importance is also required to be given to the wishes of the wife. The estranged husband claimed that he and his wife tied the knot in 2002 and a few days later the woman left the matrimonial house. Later, the man moved an application for restitution of conjugal rights, claiming that he is a young person and needs her company. Further, the wife resides with her parents without any just cause and as such, she is not entitled to maintenance. Moreover, he cannot stay separately by leaving his old aged parents. The woman filed a reply saying she has cordial relations with the husband and is willing to live separately with him provided he also executes an undertaking that he will not ill-treat her as she feared for her life. The woman also claimed that the mother of the husband would assault and ill-treat her and on her instance, the husband had also on several occasion physically assaulted her, thus she left the matrimonial house. The court after going through the evidence led by the parties said, Husband has failed to substantiate his contention that wife is staying with her parents without any just cause. I do not find any mistake in the order passed by the family court, rejecting the application filed by the him.
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MUZAFFARNAGAR RIOTS 2013: COURT AWARDS LIFE IMPRISONMENT TO 7 CONVICTS

Seven persons were sentenced to life imprisonment on Friday by a court here for killing two men, which is believed to have triggered the Muzaffarnagar riots of 2013 in Uttar Pradesh. Himashu Bhatnagar also imposed a fine of Rs 21,20,000 on each of the seven accused -- for killing Gaurav and Sachin on August 27, 2013 and rioting. The court said that 80 per cent of the fine will go to the family of the two men who were killed.
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SC TURNS DOWN SACKED IPS OFFICER SANJIV BHATT'S PLEA SEEKING SECURITY FOR HIS FAMILY

The Supreme Court on Friday refused to entertain sacked Gujarat cadre IPS officer Sanjiv Bhatt's plea seeking security for his family. A bench of Justices A K Sikri and S Abdul Nazeer asked Bhatt to approach the Gujarat High Court with his plea The apex court had held it was not appropriate for it to interfere in the ongoing investigation. Bhatt was suspended in 2011 on charges of remaining absent from duty without permission and misuse of official vehicles and later sacked in August 2015. His wife Shweta had unsuccessfully contested assembly election as a Congress party candidate against Prime Minister Narendra Modi from Maninagar constituency in Ahmedabad in 2012. At the time, Banaskantha Police claimed that drugs were found in a hotel room occupied by Rajpurohit in the district's Palanpur town. However, a probe by Rajasthan Police concluded that Rajpurohit was allegedly falsely implicated by Banaskantha Police to compel him to transfer a disputed property at Pali in Rajasthan. It also claimed to have found that Rajpurohit was allegedly abducted by Banaskantha Police from his residence at Pali.
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NEVER AGAIN FALL FOR BJP'S GIMMICKS: AKHILESH YADAV TO VOTERS

The Samajwadi Party took to Twitter on Friday with the hashtag, 'NeverAgain', asking people to vow that they would stand against the BJP and not fall for its gimmicks in Lok Sabha polls. Let us vow that we will #NeverAgain let people die waiting in line to withdraw money from a bank, fall for the 15 lakh rupee lie, allow farmers to kill themselves, let national security enrich the famous few, let people be killed for their beliefs, let two and half men rule us, SP president Akhilesh Yadav tweeted. It was followed by the SP running a series of tweets on its account with the same hashtag and endorsing Yadav's message to corner the Bharatiya Janata Party. It's an attempt to make people aware of the BJP gimmicks and stand against it, a senior party leader said. The SP chief is very active on Twitter and has 90 lakh followers on the microblogging site, while the party has more than 16 lakh followers. The series of tweets is seen as an attempt by the SP to counter the BJP IT cell, which was dubbed recently by Yadav as Internet Terrorist cell. On Tuesday, Yadav had repeatedly said two and a half men were running the country, apparently targeting Prime Minister Narendra Modi, BJP chief Amit Shah and Uttar Pradesh Chief Minister Yogi Adityanath.
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PROMOTING MORE BALANCED INDIA-CHINA TRADE

India’s exports to China have grown after several years. India is poised to achieve its highest ever exports to China this fiscal. Between April-December 2018, exports were USD 12.7 billion which is closer to last year’s exports of USD 13.33 billion. The Department of Commerce took the initiative to identify and share with Indian exporters and other stakeholders, specific lines where US would lose competitiveness in China and where India had an export potential and encouraged the exporters to seize this opportunity. Several B2B meetings with Chinese buyers were facilitated through the Indian embassy in Beijing. The growth in India’s exports to China has been driven by marine products, organic chemicals, plastics, petroleum products, grapes and rice.
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LET THE WORLD BANK BE GOVERNED BY THE WORLD

In many ways, David Malpass, whom US President Donald Trump nominated on Wednesday to head the World Bank, is an unsurprising choice. He is a senior Treasury official overseeing international affairs. Plus, his background absolutely screams Trump nominee: He is not a woman (Indra Nooyi, formerly of PepsiCo Inc, was being considered). He is an outspoken critic of the institution he is now to head (recall Scott Pruitt’s tenure at the Environmental Protection Agency). And he has a controversial Wall Street background (he was chief economist at the ill-fated Bear Stearns), as well as some embarrassing calls in his past (he wrote a Wall Street Journal op-ed in 2007 insisting that the housing market could not pull down the broader economy). Even so, this is the moment when the American reign over the World Bank must end. Europe, which gets to pick the head of the International Monetary Fund in return for ceding the World Bank choice to the US, should vote with emerging-market nations in order to ensure that, for the first time, a nominee from the rest of the world runs the bank. Ironically, as with surprisingly many of Trump’s decisions, there is a germ of a good idea in Malpass’s appointment. Some of the criticisms levied against him by the development policy community are, in fact, good reasons for him to have the job. In particular, Malpass has gotten three big things right. First, he acknowledges that the World Bank must diversify away from its decades-old fight against extreme poverty. That became its focus under Robert McNamara, at a time when there was little attention and less capacity devoted to understanding what kept people in the developing world poor. In the years since 1990, though, the world has made great strides in eradicating poverty. It is now time to focus on the bank’s original purpose, and one of the biggest constraints on the developing world becoming rich: the shortage of infrastructure. Second, Malpass knows that China’s lending in the developing world is a problem. In testimony before a Senate Foreign Relations subcommittee a few months ago, he argued that China’s use of non-market export credits, opaque financing, and exclusive procurement practices often benefits the donor more than the recipient and undermines debt sustainability, domestic institutions, and environmental and social standards. This is exactly right, and both the financial and development communities need to understand that this is a challenge that must be answered, not ignored. Finally, Malpass understands how the World Bank’s role in developing countries needs to change In that same testimony, he argued that multilateral development banks need to focus more on the quality of their project loans, rather than the quantity and on helping developing countries get their policy environment right for using private capital inflows effectively. The truth is that the amount of private capital in the world available to build sustainable, climate change-ready infrastructure dwarfs the amount that the World Bank and its peers can put into the field. They need to transition to working more closely with private capital if they are to become truly transformative.
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HELICOPTER-LAUNCHED ANTI-TANK MISSILE ‘HELINA’ TEST-FIRED

India test-fired its helicopter launched version of one of the most-advanced anti-tank weapons from the Odisha coast on Friday. Helina, the helicopter-launched version of the Nag anti-tank guided missile with a hit range of 7-8 km was launched from an Army chopper. The weapon system was tested for its full range at 12.55 pm near the Integrated Test Range in Chandipur in Balasore district, defence sources said. Helina was released smoothly from the launch platform, following which the missile tracked the target all through its course in order to strike with high precision. Developed by the Defence Research and Development Organisation (DRDO), it is one of the most-advanced anti-tank weapons in the world, sources said. It is guided by an infrared imaging seeker (IIR) operating in the lock-on before-launch mode and helps in further strengthening the defence capabilities of the country.
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EU TO ADD SAUDI, PANAMA TO LIST OF NATIONS FAILING TO CURB MONEY LAUNDERING

The European Commission is planning to name Saudi Arabia and Panama in a list of high-risk countries that fail to fight money laundering despite resistance from Germany, France and the UK, the Financial Times reported on Friday. The blacklist includes the Gulf kingdom and more than 20 other territories over alleged failures to fight illicit cash flows, the paper said citing European Union officials.
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US CONSIDERS WITHDRAWAL OF ZERO TARIFFS FOR INDIA

India could lose a vital US trade concession under which it enjoys zero tariffs on $5.6 billion of exports to the US, amid a widening dispute over its trade and investment policies, people with close knowledge of the matter said. A move to withdraw the Generalised System of Preferences (GSP) from India, the world’s largest beneficiary of a scheme that has been in force since the 1970s, would be the strongest punitive action since President Donald Trump took office in 2017 vowing to reduce the US deficit with large economies. Trump has repeatedly called out India for its high tariffs Prime Minister Narendra Modi has courted foreign investment as part of his Make-in-India campaign to turn India into a manufacturing hub and deliver jobs to the millions of youth entering the workforce. Trump, for his part, has pushed for US manufacturing to return home as part of his Make America Great Again campaign. The trigger for the latest downturn in trade ties was India’s new rules on e-commerce that restrict the way Amazon.com Inc and Walmart-backed Flipkart do business in a rapidly growing online market set to touch $200 billion by 2027. That, coming on top of a drive to force global card payments companies such as Mastercard and Visa to move their data to India and the imposition of higher tariffs on electronic products and smartphones, left a broader trade package the two sides were working on through last year in tatters. The GSP was tied to the trade package and since that deal had slipped further away, the United States was considering withdrawing or scaling back the preferential arrangement, two sources said, speaking on condition of anonymity because of the sensitivity of the matter. The US Trade Representative (USTR) was completing a review of India’s status as a GSP beneficiary and an announcement was expected over the next two weeks, the sources said. (The two sides) were trying to sort out the trade package but were not able to actually finish the deal. In the meantime these other things, data localisation and e-commerce, have come along, one of the sources said. In a sense its like someone has rained on the parade. India and the United States have developed close political and security ties But bilateral trade, which stood at $126 billion in 2017, is widely seen to be performing at nearly a quarter of its potential. US commerce secretary Wilbur Ross is due in New Delhi next week where he is expected to raise concerns about the e-commerce policy and data localisation, officials said. If the United States eliminates duty-free access for about 2,000 Indian product lines, it will mostly hurt small businesses such as jewellery, said one of the sources. The number of goods qualifying for preferential treatment could be reduced, or the whole programme could be withdrawn.
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US IN TALKS WITH INDIA OVER MISSILE DEFENCE COLLABORATION: PENTAGON

The US has discussed a potential missile defence collaboration with India, a top Pentagon official has said, underlining that America wants to build a much deeper and broader relationship with the country. Under Secretary of Defence for Policy John Rood, however, said that it is early to determine how far India, which already has substantial domestic missile defence capabilities, will go regarding the defence collaboration. We have talked to the Indians about missile defence as potentially an area as well to collaborate on. It's early days to determine how far that will go, Rood said. The Indians have substantial capabilities domestically of their own and they've done some development of missile defences. So the degree to which they're interested in acquiring or working collaboratively with us in the US remains to be seen, Rood said when asked about reports that India is interested in purchasing the Terminal High Altitude Area Defense system popular as THAAD from the US. The previous Obama administration was not very forthcoming in sharing its advance missile defense system with India, following which New Delhi went ahead to procure it from Russia. As part of its Indo-Pacific strategy, the Trump administration now seems to be more than inclined to let India procure its missile defense system with talks between the two countries having already started. Making an appearance before the prestigious Hudson Institute think-tank, Rood said the US is certainly open to this kind of collaboration with India. We have had excellent meetings and we're expanding our agenda. There's more meat to it, if you will. So I'm really feeling very good about the overall trajectory of that relationship, said Rood who has been personally involved through successive administrations in building India-US relationship: in both the Bush administration, the Obama administration, and now in the present Trump administration. The US has also agreed to sell two advanced missile defence systems to India for two Boeing-777 Head-of-State aircraft for an estimated cost of USD 190 million, a decision that will enhance the security of the planes flying the president and the prime minister.
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TRUMP SEES NO SUMMIT WITH CHINESE PRESIDENT BY TARIFF DATE

President Donald Trump said he won’t meet Chinese President Xi Jinping before a March 1 deadline to avert higher US tariffs on Chinese goods, intensifying fears the two won’t strike a deal before the end of a 90-day truce. Trump responded No and shook his head Thursday when reporters at the White House asked him if he would meet with Xi this month. Then he added, Unlikely. But the U.S. president said the two would maybe meet later. Trump told last month that he planned to meet Xi in late February, adding there was a good chance of striking a deal. Time is running out for the US and China to reach an agreement before the deadline the Trump administration has set to more than double tariffs on $200 billion of Chinese goods. While the U.S. has said it’s a hard deadline for the tariffs, Trump has also suggested he could agree to extend negotiations beyond month’s end if progress is being made. U.S. Trade Representative Robert Lighthizer and Treasury Secretary Steven Mnuchin are leading a group of administration officials headed to Beijing next week as part of the trade talks. Lighthizer told reporters last week that it was not certain a deal could be reached. One senior administration official said the decision not to go ahead with a meeting between Xi and Trump before March 1 should not be read as a sign the talks were breaking down. Rather it was due to the amount of work that still needed to be done by negotiators. The two leaders could also speak by phone, the official said. There’s growing concern among White House officials that Trump could agree to a cosmetic deal that wouldn’t address core issues like China’s alleged intellectual property theft, according to a person familiar with the talks. But the president and other senior administration officials have publicly and privately stated the negotiations are going well and that the two sides are continuing to bridge their differences at every round of talks. In a meeting at the White House Wednesday, Trump’s trade team discussed the next steps for the trade talks, according to a person briefed on the matter. Lighthizer and Mnuchin don’t have a mandate to bring back a draft deal from their Beijing trip, the person said. The president is headed to Asia to meet North Korean leader Kim Jong Un in Vietnam Feb. 27 and Feb. 28. A delay in the meeting between Trump and Xi isn’t a deal breaker, says Derek Scissors, a China expert at the American Enterprise Institute. Trump meeting Xi makes it more likely any deal will last. When it was agreed that they would meet, it was known at the time that it would be hard to match schedules before March 2, Scissors said. By itself, a delay until after March 2 is not a threat to the chances of a deal.
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INDIA HOPES TO SIGN FTA WITH EU IN ‘FORESEEABLE FUTURE’

The government Friday expressed hope that it would be able to sign a free trade agreement with the European Union (EU) in the foreseeable future. We will find the necessary balance between ambition and sensitivity in the foreseeable future to have trade agreements with various countries including the EU. The FTA will happen soon I am sure, Commerce Secretary Anup Wadhawan said. Asked if auto is the only concern, he declined to elaborate but said that auto component is one of the few sectors something which is at the cutting edge of global standard and we have to virtual find a way forward. He also added that the EU has expressed some concerns about India’s service sector. Wadhawan seemed optimistic about India surpassing the export level that had peaked during 2013-14. We will reach a peak level this year. Our exports had peaked at USD 314 billion in 2013-14 and I think we will go past that peak, he said. In 2013-14, the country’s merchandise exports touched USD 314.4 billion level. After that, exports came under immense pressure again due to global slowdown. On the agriculture exports showing inactivity, he said, food exports stagnated a bit because of price issues. Global commodity prices have fallen but the volumes have not come down The quantities are still rising. We export over USD 40 billion worth of agriculture products. We are the largest exporters of rice in the world. The third quarter showed a slowdown in exports but the secretary attributed it to the global prices. Petroleum prices are coming down. Our exports are 15 per cent petroleum products and that 15 per cent is lagging. Agriculture commodity prices have come down worldwide and agriculture export is about USD 40 billion out of over USD 300 billion. So all the pressures are there and the global slowdown is coming so that will obviously have its effect, he said. He added that certain categories like grapes have recorded a huge jump on the back of the trade war between China and US. Asked how free trade and opening up of borders would materialise in future when global giants US and China are at loggerheads, he said,I am sure better sense will prevail at a global level and countries will not destabilise the WTO.
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UK'S MAY APPROACHES NUMBER OF LABOUR MPS FOR AMENDMENT TO WITHDRAWAL MOTION: REPORT

British Prime Minister Theresa May has approached a number of members of parliament from the opposition Labour Party to put forward an amendment to her withdrawal motion Theresa May is planning to back a new package of workers' rights in a deal with some members of the Labour Party, the report said. On Wednesday, Labour made public a letter written by opposition leader Jeremy Corbyn to Theresa May offering to support her Brexit deal if she makes five legally binding commitments, including joining a customs union. Britain is due to leave the European Union on March 29.
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US VISA FRAUD: LAWMAKERS SEEK FAIR TREATMENT OF DETAINED INDIANS

A bipartisan group of eminent American lawmakers has asked authorities to facilitate consular access to Indians held for enrolling in a fake university allegedly to remain in the US, and treat them fairly and humanely after the community raised concerns over the manner they were detained In multiple raids last month, federal authorities arrested 129 Indians an a Palestinian enrolled as students in the fraudulent university in Metro Detroit area. The Farmington University was set up by the DHS’s investigating unit in Greater Detroit area to bust the pay-and-stay racket. Immigration attorneys claimed that they knew nothing about the varsity’s illegal operation and were trapped. The US State Department said they were aware that they were committing a crime to fraudulently remain in the country. In a letter, the lawmakers led by Indian-American Congressman Raja Krishnamoorthi urge the Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) to ensure students detained were treated properly and are afforded all rights provided to them under law, including access to an attorney and release on bond for those eligible. The lawmakers express concerns surrounding the recent undercover operation conducted by Homeland Security Investigations, in which HSI special agents operated a fake university designed to target recruiters and foreign students believed to be engaged in immigration fraud. India said Tuesday it has obtained consular access to 117 of the 129 Indian students detained in the US for enrolling in a fake university and legal assistance was being extended to them. The Indian government has continued to closely monitor and take proactive measures to deal with the detention of Indian students, the Ministry of External Affairs said in a statement in New Delhi.
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BILL ALLOWING US TO SUE OPEC FOR INFLATING OIL PRICES CLEARS KEY HURDLE

Legislation that would allow the US government to sue Opec for inflating oil prices cleared a key hurdle in the new session of Congress. The House Judiciary Committee, now led by Democrats, advanced the No Oil Producing and Exporting Cartels Act Thursday. That sets the bipartisan NOPEC bill, which would subject the cartel to possible antitrust action by the Department of Justice, up for a possible House vote. A similar bill targeting Opec was introduced in the Senate on Thursday. Opec’s members deliberately collude to limit crude oil production as a means of fixing prices, unfairly driving up the price of crude oil, House Judiciary Committee Chairman Jerrold Nadler said before voting in favour of the legislation. The law would amend the Sherman Antitrust Act of 1890, the law used more than a century ago to break up the oil empire of John Rockefeller. Various iterations of the bill have been proposed in the past, and former presidents have threatened to use their veto power to scupper the legislation. But President Donald Trump could be more amenable, given his frequent twitter attacks accusing the group of keeping oil prices artificially high. I’m not going to predict it will get passed and enacted into law, but I think its prospects are pretty good, said Seth Bloom, former general counsel of the Senate Antitrust Subcommittee. OPEC doesn’t have too many friends right now and the legislation may likely have a friend in the White House given Trump has written favourably about it in the past. US Assistant Attorney General Makan Delrahim told members of a House subcommittee in December the administration continues to study the legislation. If Opec members conducted the same manipulation in the United States that they practice in Vienna, they could be prosecuted, said Robbie Diamond, who heads up Securing America’s Future Energy. Their actions have a profound impact on US consumers, businesses and our military, and our government can no longer allow that.
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BILLS INTRODUCED IN HOUSE AND SENATE TO REMOVE PER-COUNTRY GREEN CARD LIMITS

Powerful lawmakers in the US House of Representatives and the Senate have introduced identical legislations, which if passed would end per-country green card limit and benefit hundreds and thousands of Indian professionals waiting to gain permanent legal residency in the country. Top companies from the Silicon Valley like Google and corporate bodies such as US Chambers of Commerce are backing the legislations. If passed by Congress and signed into law, the legislations would benefit hundreds and thousands of Indian professionals on H-1B visas whose current wait time for permanent legal residency is more than a decade. The H-1B visa, most sought-after among Indian IT professionals, is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. According to some recent studies, some categories of those Indian professionals face a wait of 151 years under the current system which imposes a country cap on people who get green card. The United States makes currently 140,000 green cards available every year to employment-based immigrants, including many who first come here on temporary H-1B or L visas. The existing law, however, provides that not more than seven per cent of these green cards can go to nationals of any one country - even though some countries are more populous than others. Because of this seven per cent limit, for example, a Chinese or Indian post-graduate may have to wait half a decade or more for a green card, much longer than a student from a less-populated country. In the Senate, Republican Mike Lee and Democratic presidential aspirant Kamala Harris introduced the Fairness for High-Skilled Immigrants Act Wednesday, a bill that would remove per-country caps for employment-based green cards. Ours is a nation of immigrants, and our strength has always come from our diversity and our unity, Harris said. We must do more to eliminate discriminatory backlogs and facilitate family unity so that high-skilled immigrants are not vulnerable to exploitation and can stay in the US and continue to contribute to the economy, said the Indian-American Senator. Co-sponsored by 13 more Senators, the Fairness for High-Skilled Immigrants Act increases the per-country caps for family-sponsored green cards from seven per cent to 15 per cent. Without adding any new green cards, it creates a first-come, first-served system that alleviates the backlogs and allows green cards to be awarded more efficiently. Immigrants should not be penalized due to their country of origin, Lee said. Treating people fairly and equally is part of our founding creed and the Fairness for High-Skilled Immigrants Act reflects that belief. Immigration is often a contentious issue, but we should not delay progress in areas where there is bipartisan consensus just because we have differences in other areas, Lee said. The bill has also been endorsed by Immigration Voice, Compete America Coalition, the Information Technology Industry Council, Google, Walmart, the US Chamber of Commerce, National Association of Manufacturers, The Heritage Foundation, La Raza, and many others. 




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