Friday, 22 February 2019

TAXATION UPDATES 21.01.2019





THE FINANCE ACT, 2019

The provisions of section 2 of, and the First Schedule to, the Finance Act, 2018, shall apply in relation to income-tax for the assessment year or, as the case may be, the financial year commencing on the 1st day of April, 2019 The interim budget 2019 finance bill has been assented to by the President on February 21 thereby making it an Act. This means that the proposals in the Finance bill 2019 including the tax changes now become law The interim budget had proposed to increase standard deduction for salaried employees to Rs 50,000 for FY19-20 from Rs 40,000 in FY18-19 and provide full rebate of tax payable to all those earning upto Rs 5 lakh taxable income starting FY19-20.

To read Act, visit below link
http://www.egazette.nic.in/WriteReadData/2019/198304.pdf
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CBDT SETS UP PANEL TO HELP BRING DOWN TAX LITIGATION

The government is looking to address taxation-related pain points and cut down the number of tax litigations while focusing on some of the major issues that may lead to revenue generation, people familiar with the development said. The Central Board of Direct Taxes (CBDT) has formed a four-member committee headed by income tax commissioner Sanjeev Sharma, to look into the matter and submit its final report and recommendations by mid-March. The committee is looking to tackle the issue in a two-prong way — addressing some current pain points and recommending some steps borrowed from international best practices, people in the know said. Its recommendations could include applying a filter for tax officer before a notice is issued and setting a time limit for concluding an investigation, they said. The panel has started inviting recommendations for best international practices on litigation management. As per government figures, 465,349 cases related to taxation are pending at various forums Of this, about 1% cases are high value cases and constitute about 90% of the total tax demand.
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GUEST HOUSE FOR EMPLOYEES A PERK, CANNOT CLAIM GST INPUT CREDIT RULES ODISHA AAAR

A new ruling by the Appellate Authority of Advance Ruling (AAAR) can open a Pandora's Box when it comes to an employer, employee relationship and the nature of perquisites being provided. The case came up when the National Aluminum Company Limited (NACL), a manufacturer of aluminum metal, decided to appeal against the ruling pronounced by the Odisha Authority for Advance Ruling. NACL has townships at Angul, Damonjodi and Bhubaneswar for its employees and also runs hospitals at Damanjodi and Angul for its employees along with guest houses for touring employees and guests. The bone of contention was that NACL wanted to claim input credit in maintaining hospitals, residential colonies and guest house and also the upkeep of garden in the residential colonies, mine and office premises. When the case went to the Odisha Authority for Advance Ruling (AAR), input credit was disallowed for some activities According to the AAR, inward supplies received by way of management, repair, renovation for furnishing the residential colony does not qualify for input tax credit as residential accommodation is an exempted supply. Input tax credit is also not admissible in respect of services and goods procured for maintenance of hospitals and pharmacy outlet as such services, being nil rated also fall under exempt supplies. Similarly, the service availed in relation to plant & garden in the residential colony will also not qualify for input tax credit NACL was, however, entitled to input tax credit of the tax paid on inward supply of input and input service for maintenance of the guest house, transit house & training hostel. Also, services availed in relation to plantation and gardening within the plant area including mining area and the premises of other business establishments will also qualify for input tax credit. Following the order by the AAR, the Commissioner (CX &GST, Bhubaneswar) interestingly also preferred to appeal against the order challenging that the order is not legal and proper to the extent it has allowed credit for maintenance of guest house, hostel and service utilized for plantation and gardening within the plant area, administrative building.
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GST CUT: STATES WARN OF LARGE-SCALE TAX EVASION BY BUILDERS

While there is a general consensus in the GST Council about the need to give tax relief for the housing sector to boost demand, a section of it is concerned about large scale tax evasion by builders and so it wants to ensure that relief should be structured in such a way that revenue leakage is plugged. The proposed GST rate cut with denial of input tax credit to builders would come with a condition that builders must ensure 80% of the inputs are procured from GST-registered dealers. Kerala finance minister Thomas Isaac feels that including capital goods as inputs would enable developers to meet the condition easily and opening up a window for them to procure other building materials from unregistered dealers. This, Isaac argues, could result in lower revenue collection for the government, and facilitate more evasion. Punjab feels the fixed formula of taking one-third of the cost of the residential unit as abatement for the value of land is skewed, as it could deprive some states of their legitimate revenue. State’s finance minister Manpreet Badal is leant to have argued that instead of a blanket abatement, a formula could be evolved linking it to prevailing circle rates.
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END OF ARBITRAGE: UTTAR PRADESH ELIMINATES GST DEFICIT AS BUSINESSES SHIFT FROM DELHI

While the states’ overall GST ‘revenue shortfall’ against the assured level has come down from 20% last year (July-March) to about 10% in April-December period this fiscal, a curious picture has emerged of neighbouring Delhi and Uttar Pradesh. Delhi needed Rs 2,971 crore as GST compensation from the Centre during April-December this fiscal, more than nine times the amount it received in 2017-18 (July-March); UP, on the other hand, has totally eliminated its GST shortfall this fiscal while the deficit was as high as Rs 2,432 crore last year. The stark contrast between the two states is believed to have resulted from businesses in large numbers shifting back their offices and warehouses from Delhi to UP as the GST ended the arbitrage opportunity that existed in the pre-GST period when the tax (VAT) rates were much lower in Delhi. In pre-GST regime, many companies would transfer stocks from neighbouring states with 12% VAT to Delhi with typically 5% VAT. This transfer would be shown as inter-branch transaction, and the sale of the stock from Delhi would attract lower tax. However, with GST making single tax rate across the country a reality, firms are abandoning the practice, Vishal Raheja, said. A government official said UP’s success in eliminating the GST deficit was also due to efficient enforcement measures especially in rolling out the e-way bill system. Several reports suggested that the state machinery has been strict in imposing fines on transporters who tried to evade tax in the state, he added. The northern state was also the first to implement mandatory radio frequency identification device (RFID) tag for the e-way bill. Another source said Delhi’s GST revenue slowed down due to shrinking of the tax base consisting of wholesale dealers. Under the GST compensation mechanism (which guarantees 14% annual growth over 2015-16 base), the total revenue to be protected of states and Union territories for FY18 and FY19 are 42,979 crore and 48,999 crore, respectively.
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VIDEOCON LOAN ROW: CBI LOOKOUT CIRCULARS AGAINST CHANDA KOCHHAR AND HUSBAND

The Central Bureau of Investigation (CBI) has issued lookout circulars (LOC) against former ICICI Bank chief executive and managing director Chanda Kochhar, her husband Deepak Kochhar, and Videocon Group's Venugopal Dhoot. The development comes weeks after the Enforcement Directorate (ED) registered a criminal case against them for alleged money laundering. At the behest of the CBI, lookout circulars were issued against Kochhar's husband and Dhoot for all airports last year. They said the central probe agency had filed an Enforcement Case Information Report (ECIR) under the Prevention of Money Laundering Act, taking cognizance of a CBI complaint filed on the matter last month. An ECIR is the ED's equivalent of a police FIR.
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MAMATA BANERJEE'S GOVT CREATES OWN DRI AND ED

In another case where the state government has created an institution parallel to a central government-run one, West Bengal Chief Minister Mamata Banerjee has created her own Directorate of Revenue Intelligence and Enforcement (DRI&E). This will run parallel to the Centre’s DRI and Enforcement Directorate and probe tax evasion cases, according to a government order. A government notification, dated February 12, stated that the government had, for long, been considering a rejig of the indirect tax administration of the state to counter revenue leakage and tax evasion through intensive and broadbased investigation. The government also wants to focus on enforcement with a multi-faceted approach. The state government has created a new Directorate of Revenue Intelligence and Enforcement (DRI&E) under the Finance Department for comprehensive approach for investigation and enforcement of tax laws for tackling the menace of tax evasion and leakage of state revenue in a more efficient and effective manner, the notification states. Its functions include investigation of cases of tax evasion and undertaking enforcement measures for the Acts administered mainly by the Directorate of Commercial Taxes, Directorate of Excise, Directorate of Registration and Stamp Revenue and Directorate of State Lotteries. The state DRI&E can investigate cases based on its own information and also cases referred to it by other revenue directorates or by the state government.
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COMMERCE MINISTRY SETS $50-BN BILATERAL TRADE TARGET WITH RUSSIA BY 2025

Junior commerce and industry ministry CR Chaudhary has set an ambitious $50 billion target for bilateral trade between India and Russia over the next seven years. As of end-2018, trade between the two countries stood at $30 billion. Our two-way trade have already crossed the $30- billion mark, which we had set for 2025. We, therefore, propose that we enhance this to $50 billion by 2025, Chaudhary said. He also said both the countries are confident of achieving the target. The minister said by 2030, the country is expected to become the third largest economy in the world with a huge middleclass. But to reach that position, we need more and better infrastructure, access to energy, more goods and services and a modern agriculture sector, he added. Russia is well placed to meet our needs in these areas as well as others, he said, adding beside businesses, there is a need for collaboration between the two countries on the education sector as well. Nearly 22 percent of Russian GDP is coming from SMEs and the target is to take this to 40 percent. The Indo-Russian collaboration will play a major role in achieving this, Manturov said. There is a need to curate a digital bridge between the two economies so that SMEs can benefit from it and to create awareness about the two nations to promote more technology and capital transfers, he said.
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SARADA CHIT FUND SCAM: SC JUDGE RECUSES FROM CBI PLEA ALLEGING OBSTRUCTION BY WB AUTHORITIES

Supreme Court judge, Justice L Nageswara Rao, Wednesday recused himself from hearing the plea of the Central Bureau of Investigation (CBI) alleging obstruction in its probe into the multi-crore Sarada chit fund scam probe by West Bengal authorities. A three-judge bench comprising Chief Justice Ranjan Gogoi and Justices Rao and Sanjiv Khanna adjourned the hearing on pleas of the CBI, saying that one of the judges was not inclined to be part of the bench to hear the matter. Justice Rao said he had appeared for the state as a lawyer and therefore cannot hear the case. The bench has now posted the matter for hearing on February 27 before an appropriate bench of which Justice Rao is not a part.
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JAWANS DON'T GET 'MARTYR STATUS', ANIL AMBANI GETS RS 30,000 CRORE IN MODI'S NEW INDIA: RAHUL GANDHI

Rahul Gandhi on Thursday said 40 jawans killed in the Pulwama attack are denied the status of martyrs but the PM gifts Rs 30,000 crore to Anil Ambani for him to live happily ever after. The Congress led by Gandhi has been accusing the Modi government of helping the industrialist make a profit of Rs 30,000 crore by helping him get an offset contract under the Rafale fighter jet deal. The government as well as Ambani have denied all allegations. He tagged a media report on the Supreme Court holding Anil Ambani, chairman of Reliance Communication (RCom), guilty of contempt of court.
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PAK BANS MUMBAI ATTACK MASTERMIND HAFIZ SAEED'S JUD, ITS CHARITY WING FIF

Pakistan on Thursday banned the 2008 Mumbai attack mastermind Hafiz Saeed-led Jamat-ud-Dawa and its charity wing Falah-e-Insaniat Foundation. A spokesman of the Interior Ministry said that the decision to ban these groups was taken during a meeting of the National Security Committee (NSC) held at the Prime Minister's Office on Thursday. It was decided during the meeting to accelerate action against proscribed organisations, the spokesperson said in a statement. It was further decided that Jamat-ud-Dawa and Falah-e-Insaniat Foundation be notified as proscribed organizations by the Ministry of Interior, he added. The meeting, chaired by Prime Minister Imran Khan, reviewed the National Action Plan against terrorism in detail. Services chiefs and key ministers were in attendance.
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PULWAMA ATTACK: IMPORT DUTY HIKE ON PAKISTANI GOODS HITS INDIAN TRADERS

The sharp increase in import duties on all goods from Pakistan last week by India in response to the Pulwama terror attack has claimed an unintended victim — the Indian importer Truck loads of cement, dates and some other items from Pakistan are languishing at the Attari border since February 16 when import duties increased to 200 per cent by India. Indian importers have paid for these goods mostly, but they find it impossible to take delivery because of the duty hike. The ban is a welcome step and in the interest of the nation. But importers should not be made to suffer. The consignments that are already in India belong here. At least the ones where the bills-of-entry have been filed should be released without imposition of 200 per cent duty said Suneed Kochhar,.The 70 trucks that are parked at Attari, with goods estimated at 25 crore, have already been paid for by importers. The exporters are not willing to take back the goods and at 200 per cent duty it is not possible for traders to claim it. If customs officials do not sort out the matter, the Supreme Court will have to decide on it. The local vendors have filed a case, Kochhar said. The vendors want all goods that are at Attari and have been paid for to be cleared at the older rates of duties without imposition of the additional duties. The Federation of Indian Export Organisations (FIEO) has also raised the matter with the Land Port Authority. In case of many of the consignments, the bill-of-entry was filed before customs duty was raised. So, ideally the higher customs duties should not be imposed on it. FIEO has raised the matter with the authorities and hopefully it should be sorted out soon, Ajay Sahai, FIEO, told.
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PULWAMA ATTACK: IOC WANTS INDIA ISOLATED AFTER PAK SPORTSMEN DENIED VISA

The International Olympic Committee (IOC) has suspended all Indian applications to host future events for denying two Pakistani athletes visas to compete in New Delhi. IOC has also urged other international sports federations not to stage any competition in India. The Olympic committee also revoked the Olympic qualification status for the men's 25m rapid fire event from the New Delhi World Cup due to denial of visas to the Pakistani shooters in the wake of last week's Pulwama terrorist attack, in which 40 CRPF personnel were killed. This happened in the interest of the other 500 athletes from 61 countries participating in the other events who are already in India for their competition. The IOC said the refusal of visas for competitors went against the principles of the Olympic charter relating to discrimination and political interference from the host country. The IOC restricted the withdrawal of recognition as an Olympic qualification event to the 25m rapid fire pistol competition in which the two Pakistani athletes were supposed to participate. This happened in the interest of the other 500 athletes from 61 countries participating in the other events who are already in India for their competition, the IOC said in a statement after its executive board meeting in Lausanne, Switzerland Thursday.
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SC DIRECTS CHIEF SECRETARIES, DGPS OF 11 STATES TO TAKE ACTION AGAINST THE ASSAULT ON KASHMIRIS POST PULWAMA

The Supreme Court Friday directed chief secretaries and DGPs of 11 states to take prompt and necessary action to prevent incidents of threat, assault and social boycott of Kashmiris in the aftermath of the Pulwama terror attack. A bench headed by Chief Justice Ranjan Gogoi also directed that police officers, who were earlier appointed as nodal officers to deal with incidents of mob lynching, would be now responsible to deal with cases of alleged assault on Kashmiris. The bench asked the Union Ministry of Home Affairs to give wide publicity to nodal officers so that they can be approached by those facing such incidents. The chief secretaries, the DGPs and the Delhi Police Commissioner are directed to take prompt and necessary action to prevent incidents of threat, assault, social boycott etc. against Kashmiris and other minorities, the bench also comprising Justice Sanjiv Khanna said.
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PULWAMA AFTERMATH: CHINA SIGNS OFF ON UNSC STATEMENT NAMING JAISH-E-MOHAMMED FOR ‘COWARDLY’ ACT

In a clear departure from its earlier stand, China on Thursday signed off on a United Nations Security Council (UNSC) statement condemning the Pulwama terror attack. It also named Pakistan-based terror outfit Jaish-e-Mohammad for the heinous and cowardly suicide bombing. The changing shift by China is significant as the country single-handedly blocked the listing of JeM chief Masood Azhar as a global terrorist at the UN. It blocked three attempts at Pakistan’s behest in 2009, 2016 and 2017. Beijing, however, is yet to yield on Azhar’s listing. France, which earlier promised India to move a resolution in the UN to put a ban on the JeM chief, took the lead in issuing the statement, that also included US, UK and Russia apart from China. It urged all States, in accordance with their obligations under international law and relevant Security Council resolutions, to cooperate actively with the Government of India and all other relevant authorities in this regard. While JeM is already a UN-proscribed terrorist outfit since 2002, it is yet to decide on Azhar’s listing.
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INDIA, SOUTH KOREA SIGN 7 PACTS; TO STEP-UP COOPERATION IN INFRASTRUCTURE, COMBATING GLOBAL CRIME

India and South Korea signed seven agreements on Friday to enhance cooperation in key areas, including infrastructure development, media, start-ups and combating trans-border and international crime, during Prime Minister Narendra Modi's visit to the country. Modi, who is on a two-day visit to South Korea to strengthen India's strategic ties with the country, was accorded an official reception at the Blue House, the executive office and official residence of the South Korean President Moon Jae-in here. He also met First lady Kim Jung-sook. The memorandum of understandings (MoUs) were signed after the two leaders held constructive talks on enhancing bilateral cooperation in a number of areas including trade, investment, defence and security.
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PAKISTAN NOT CONCERNED IF INDIA DIVERTS WATER

In response to India's decision to stop the flow of its share of water from the Beas, Ravi and Sutlej to Pakistan, Islamabad said that it was not concerned if New Delhi diverted water of the three eastern rivers Indian's announcement on Thursday comes in addition to other actions like withdrawal of the most favoured nation (MFN) to Pakistan and slapping of a 200 per cent duty on all imports from Islamabad in the wake of the February 14 Pulwama terror attack that killed 40 CRPF troopers. The carnage was claimed by the Pakistan-based Jaish-e-Mohammed (JeM) terror outfit. Khawaja Shumail said: We have neither concern nor objection if India diverts water of eastern rivers and supplies it to its people or uses it for other purposes, as the IWT (Indus Waters Treaty) allows it do so.
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J&K GOVERNMENT MOVES SC SEEKING TRANSFER OF 7 PAKISTANI TERRORISTS FROM JAMMU JAIL TO TIHAR

The Jammu and Kashmir government on Friday moved the Supreme Court seeking the transfer of seven Pakistani terrorists from Jammu jail to Tihar prison here on grounds that they were allegedly indoctrinating local prisoners A bench of Justices L N Rao and M R Shah sought a response from Centre and the Delhi government on the plea. Jammu and Kashmir government's standing counsel Shoaib Alam said terrorists belonging to various organisations need to be shifted out of Jammu jail as they were involved in the indoctrination of local prisoners. If not Tihar, they can be shifted to other high security prisons in Haryana and Punjab, he said. To this, the bench said it will hear the matter and asked Alam to ensure that a copy of the notice is served to the seven terrorists also.
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PAKISTAN ARMY BEGINS PREPARATIONS FOR CONFLICT, TELLS HOSPITALS TO BE READY

Pakistan has begun planning its war logistics on its frontiers amid fears of retaliation from India after the Pulwama terror strike, even as Jaish-e-Muhammed chief Masood Azhar asked the Imran Khan regime not to make any concessions under pressure from India. Pakistan army based in Headquarters Quetta Logistics Area (HQLA) in Quetta Cantonment wrote to Jilani Hospital on February 20 to arrange and plan for medical support in view of the possibility of a war with India It adds: The Logistics Area has a comprehensive medical support plan encompassing all military and civil hospitals in the province. In case of an eventuality besides bed expansion of military hospital, civil hospitals have already been assigned the responsibility to reserve and earmark 25% of their bedding capacity for the injured soldiers.
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NO IMPACT OF SANCTIONS ON S 400 DELIVERY TO INDIA, ARE WORKING OUT PAYMENT OPTIONS: RUSSIA

There will be no impact of American financial sanctions on the delivery of the S 400 air defence systems to India and alternate payment options are being worked out including a national currency swap, Russia has said. The game changing air defence system that can take down targets from as far as 300 km is set for delivery by October next year, a top Russian official said, adding that the sanctions have no impact on the technical aspects of the deal. However, US sanctions that prevent financial institutions from dealing with Russian military companies still come in the way for payments given that banks are unwilling to take a risk. The Russian side however says that US dollars are no longer the universal currency for foreign exchange, indicating that other channels are being worked out. We do not see how the contract will be impacted by the sanctions. The most important thing is that the transactions systems should start operations as soon as possible so that we can fulfil our obligations. We are establishing our own systems for money transaction and there are options like the trade counterbalance. Also, both Russia and India have solid national currencies, Anatoly G Punchuk, said.
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FINANCIAL CONDITION OF HAL IS VERY STABLE, SAYS IT IS NOT INTERESTED IN RAFALE OFFSETS

Asserting that its financial condition is very stable and that it is not being `ignored’ when it comes to orders as alleged by the opposition, HAL has said that it is not interested in the offsets for the Rafale deal and would like to be kept away from the political controversy around it. R Madhavan said that the profitability of the company has been growing and the perception that it is being rejected in favour of private companies is incorrect. We are not ignored. If we were being ignored we would not be getting the orders, the CMD said in response to a direct question on allegations by Congress President Rahul Gandhi. Madhavan added that the company does not want to get into the Rafale fight and we will focus on our work. Madhavan shared that a proposal for 18 more Sukhoi 30 MKI fighter jets has been mooted in addition to the 272 already on order and that this would give additional work to its production lines.
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SUPREME COURT ASKS COA CHIEF RAI, EDULJI TO NOT GO PUBLIC OVER DIFFERENCES

The Supreme Court Thursday expressed displeasure over pubic sparring between Committee of Administrators (CoA) chief Vinod Rai and its member Diana Edulji over certain issues concerning Board of Control for Cricket in India (BCCI) and told them not to go public over their differences A bench comprising Justices S A Bobde and A M Sapre also said that they will appoint three more members to the CoA and the orders to this effect would be passed in chambers. CoA had four members but after the resignation of historian Ramchandra Guha and banker Bikram Limaye only two members are now left in CoA. The two-member CoA has been divided on several matters including the recent controversy involving cricketers Hardik Pandya and KL Rahul. The top court Thursday appointed retired apex court judge Justice D K Jain as BCCI's first ombudsman.
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SUNANDA PUSHKAR DEATH CASE: SHASHI THAROOR SEEKS COURT’S PERMISSION TO TRAVEL ABROAD, HEARING ADJOURNED TO MARCH 7

A Delhi court Thursday adjourned to March 7 the hearing in Sunanda Pushkar death case against Congress leader Shashi Tharoor. Special Judge Arun Bhardwaj deferred the matter. During the hearing, Tharoor moved an application to travel to Behrain and Qatar. The court directed Delhi police to file reply on his plea. The court had on February 4 sent the case to Sessions Court for further proceedings since the offence under Section 306 (abetment of suicide) of the Indian Penal Code (IPC) was triable by a sessions judge.
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UPPSC: CBI REGISTERS PRELIMINARY ENQUIRY TO PROBE NEPOTISM ALLEGATIONS DURING MAYAWATI RULE

The CBI has registered a preliminary enquiry against unidentified officials to probe allegations of nepotism and other irregularities in selections by the Uttar Pradesh Public Service Commission when Mayawati was chief minister in 2010, officials said. The selection of officials were at the rank of additional private secretary, they said. The agency had taken up this enquiry on a complaint by the Uttar Pradesh government which was referred to it in January. One of the allegations states that a relative of a public servant was preferred over other eligible candidates, the officials said.
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JAISH-E-MOHAMMED TO STRIKE AGAIN? INTELLIGENCE AGENCIES ALERT SECURITY FORCES

Intelligence agencies, on Thursday, alerted security forces about fresh intercepts on terrorist organisation Jaish-e-Mohammed planning more attacks like the one on CRPF (Central Reserve Police Force) convoy in Pulwama district of Jammu and Kashmir. One green colored Scorpio vehicle has been readied by the terrorist organisation to carry out a fidayeen attack, sources told. Inputs also indicate of infiltration from across the LoC by terrorists who are likely to get local Kashmiri youth ready to carry out terror strikes. Tanzeem sources, according to Zee Media, are presently in receipt of information that a group of five to six terrorists are ready to infiltrate and is awaiting clearance at locations across Gurez. Moreover, the intelligence agency has decoded a message on JeM's social media. The message talks about a 'Khelona' of some kilograms. This message has been interpreted as an explosive (khelona) which weighs 500 kilograms and shall be used for the attack. According to sources, the message states that there will be more attacks if the security forces did not stop targeting the Kashmiris The fight is between you and us. Come and fight. We are ready. This is just the beginning, the message further states, as quoted by the media house.
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RCEP: INDIA MOVES TO NARROW DIFFERENCES WITH CHINA ON TARIFF ELIMINATION IN BALI ROUND

Facing pressure to finalise its market opening commitments under the Regional Comprehensive Economic Partnership (RCEP) pact being negotiated between 16 countries, India will hold intense bilateral discussions with China on the sidelines of the ongoing round in Bali to narrow differences on import duty cuts and the implementation period that both seek under the trade pact. There is a lot of pressure on India to come to an agreement with China on its offer in goods as the round will immediately be followed by a trade ministers meet in Cambodia where RCEP members are keen to come to a resolution on market access. The Indonesian Minister, who is chairing the round, has already said that negotiations will be stretched through the night in Bali if needed, a goverment official told. RCEP, being negotiated between India, China, the 10-member ASEAN, Japan, South Korea, Australia and New Zealand, can potentially result in the largest free trade bloc in the world covering about 3.5 billion people and 30 per cent of the world’s Gross Domestic Product. Apart from goods, the areas being negotiated include services, investments, intellectual property and government procurement. India has been holding discussions with China since January to come to an understanding on the level of import duty cuts it can promise but differences remain. New Delhi has tried to argue that it will not be possible for it to offer tariff elimination on more that 72 per cent of the traded items as apart from agriculture there were a lot of sensitive industrial goods that needed some protection. China is proving to be a very tough country to negotiate with as it is unwilling to settle for a figure which is substantially lower than what India is ready to offer to the ASEAN countries. This is not possible as India already has a free trade pact with the ASEAN under which it would anyway be eliminating duties on more than 80 per cent items. More over, the Indian industry faces stiffer competition from the Chinese, the official explained. One option that is being discussed is that of a much longer implementation period for elimination of tariffs for China, but that may not be enough to give confidence to the Indian industry. Longer implementation periods are fine but time flies, as we are already experiencing in terms of our free trade pacts with South Korea, Japan and the ASEAN. In just about a couple of years, we will have to eliminate duties of all items that we promised, the official added.
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JEM'S HAND IN PULWAMA ATTACK, PAKISTAN NOT INVOLVED: PERVEZ MUSHARRAF

Pervez Musharraf has accepted Jaish-e-Mohammed's role in the terror attack in Pulwama district of Jammu and Kashmir that claimed lives of over 40 jawans. On Wednesday, Musharraf expressed grief over the attack and condemned it. He said, It is terrible. We regret and we condemn it. There is no sympathy that I will have. I was attacked by a Jaish cadre. I don't think even Imran Khan would have sympathy for (Jaish). However, Musharraf, firmly maintained that Pakistan had no role in the attack. Maulana did it, Jaish did it but let us not blame the (Pakistan) government. There should be a joint investigation team to get the details. And if the government is involved it will be regrettable, he added. The former PM while referring to the country's economic crisis also said that The condition in which Pakistan is, I don't think the government will get into such a situation. Pervez Musharraf further added that action should be taken against the banned terror outfit JeM. They should be banned, he said.
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ON TRUMP'S DESK: US VISA REGULATIONS THAT WOULD AFFECT 90,000 H1-B SPOUSES

The White House has formally received the proposed changes in the existing regulations to end the work authorisation for certain categories of H-1B foreign work visas. The move that would impact over 90,000 spouses of H-1B visa holders an overwhelming number of whom are Indians, was sent by the Department of Homeland Security to the White House Office of management for Budget on Wednesday, officials said. It's now for the White House to take a final call on it, before a formal regulation in this regard could be issued and the Department of Homeland Security can inform a federal court, where a lawsuit on this issue is pending. Now White House would carry out its review of the proposed regulation, take inputs from various agencies, before taking a final call. The entire process could take from a few weeks to several months. US Citizenship and Immigration Services (USCIS) which manages the programme said the proposed regulation was not final until the review and comment process was complete. As per the existing process, once White House gives its nod, the regulation would be published in federal register with a 30-day comment period. It is only after that the new changes can come into effect. The Trump administration is moving ahead with its proposed regulation, despite strong resistance from a group of US lawmakers including Senator Kamala Harris, and Silicon Valley companies who argue that this is not only anti-women, but also prevents talented spouses of H-1B visa holders from working in the United States. Meanwhile, the US Court of Appeals, District of Columbia has extended the time for various stakeholders, including the Department of Homeland Security to submit its responses on the lawsuit against it filed by the organisation Save Jobs USA.
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UNEASE OVER US’ AFGHAN WITHDRAWAL

National attention is now focused on forthcoming Parliamentary elections This is accompanied by national determination to respond strongly to the Pulwama outrage. A related foreign policy issue that requires careful monitoring is the forthcoming US withdrawal from Afghanistan. This withdrawal will inevitably lead to increasing Taliban control of Afghanistan, especially in the predominantly Pashtun dominated areas, bordering Pakistan. Pakistani terrorist groups like the Harkat-ul-Mujahideen (renamed later as the Jaish-e-Mohammed) established training camps in Southern Afghanistan, when the ISI-backed Taliban ruled Afghanistan till November 2001. The Taliban leadership colluded with the ISI during the hijacking of IC 814, to secure the release of three terrorists, including Jaish leader Maulana Masood Azhar, from Indian jails. The proposed withdrawal from Afghanistan will be seen as the failure of yet another American military misadventure abroad. These serious misadventures in the past included politico-military debacles in Vietnam, Lebanon, Somalia and Iraq. After 17 years of fighting in Afghanistan, the US-backed Afghan government today controls just over half the country, with the remaining areas either contested, or controlled by the Taliban. Roughly 40 security personnel are killed every day, with over 10,000 civilian casualties in 2018. The Taliban have also attacked major urban centres, including provincial capitals. In these circumstances, the Ashraf Ghani-led government in Kabul is fearful of being ditched by the Trump Administration, with whom serious differences have developed on American insistence to postpone the next Presidential elections. While US President Donald Trump is not popular in any major world capital, his desire to avoid any foreign military involvement and pull out of Afghanistan, enjoys widespread popular support domestically. The unseemly hurry with which Trump’s chief negotiator Zalmay Khalilzad is seeking to carry forward talks with the Taliban, facilitating an early American withdrawal, is evident. Gulf Arab countries like the United Arab Emirates, Saudi Arabia and their rival Qatar, are helping the American endeavour to execute a face saving withdrawal from Afghanistan. The Arab Gulf States are using a carrot and stick approach to compel Pakistan to back the American effort. With Pakistani foreign exchange reserves reaching a new low of $6 billion, the UAE and Saudi Arabia are providing Pakistan $12 billion to keep its economy to afloat. While Pakistan may appear elated at the prospect of US withdrawal, expecting a Taliban takeover thereafter, there are now several imponderables in such a scenario, with the Iranians and Russians appearing set to move developments in a somewhat different direction. The Iranians appear to have persuaded the Taliban that Teheran can play a crucial role in making peace between the Taliban and Tajik, Uzbek, Turkmen and Shia Hazara groups, across the Iran-Afghanistan border, after an American withdrawal. The Taliban were at war with these groups known as the Northern Alliance, when they were last in power. Complicating matters further for Pakistan, an estimated 3000-4000 armed members of the Tehriq-e-Taliban Pakistan, once protégés of the ISI, are now spread across Afghanistan. Their desire for revenge against the brutalities of the Pakistan army cannot be underestimated. India will have to carefully monitor these developments, even as its leadership is fully focused on the coming general elections. The Taliban has a given some indications that it understands the importance of India’s role, especially in building the Chabahar Port and its economic assistance to Afghanistan.




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Thanks & Regards,
CS Meetesh Shiroya

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