Tuesday 26 February 2019

TAXATION UPDATES 26.02.2019





INCOME TAX DEPT TO ISSUE ONLY E-REFUNDS FROM MAR 1, 2019; BANK ACCOUNT-PAN LINKING MUST

Come March 1, 2019 Income tax department will issue only e-refunds and that too these will be credited only to bank accounts linked with PAN In addition to that, you are also required to pre-validate your bank account with the income tax department e-filing portal to receive tax refund. The income tax refunds will be credited only to bank accounts (savings/current/cash/OD) which are linked to PAN w.e.f. March 1, 2019. If your PAN is not yet linked with your bank account you must provide the details of the same to your bank branch to get an income tax refund If your bank is integrated with the e-filing portal, pre-validation can be done directly through EVC (Electronic Verification Code) and net-banking route. On the other hand, if your bank account is not integrated with the e-filing portal, then the income tax department will validate the bank account itself from the details filled up by you.
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INDIA STRUCK BIGGEST JEM TRAINING CAMP IN PAK: FULL TEXT OF GOVT STATEMENT

Amid tensions between India and Pakistan in the aftermath of the February 14 Pulwama terror attack, which claimed the lives of over 40 Central Reserve Police Forec (CRPF) personnel, the Indian Air Force (IAF) on Tuesday carried our air strikes on a major terrorist camp in Pakistan Vijay Gokhale, confirming the strike by IAF jets, said that the operation was carried out on credible intelligence received that JeM was attempting another suicide terror attack in various parts of the country and fidayeen jihadis were being trained for this purpose. On 14 February 2019, a suicide terror attack was conducted by a Pak based terrorist organization Jaish-e-Mohammad, leading to the martyrdom of 40 brave jawans of the CRPF. Information regarding the location of training camps in Pakistan and PoJK has been provided to Pakistan from time to time. Pakistan, however, denies their existence. The existence of such massive training facilities capable of training hundreds of jidhadis could not have functioned without the knowledge of Pakistan authorities. India has been repeatedly urging Pakistan to take action against the JeM to prevent jihadis from being trained and armed inside Pakistan. Pakistan has taken no concrete actions to dismantle the infrastructure of terrorism on its soil. In an intelligence led operation in the early hours of today, India struck the biggest training camp of JeM in Balakot In this operation, a very large number of JeM terrorists, trainers, senior commanders and groups of jihadis who were being trained for fidayeen action were eliminated. This facility at Balakot was headed by MAULANA YOUSUF AZHAR (alias USTAD GHOURI), the brother-in-law of MASOOD AZHAR, Chief of JeM. The Government of India is firmly and resolutely committed to taking all necessary measures to fight the menace of terrorism Hence this non-military preemptive action was specifically targeted at the JeM camp. The selection of the target was also conditioned by our desire to avoid civilian casualties. The facility is located in thick forest on a hilltop far away from any civilian presence. As the strike has taken place only a short while ago, we are awaiting further details. The Government of Pakistan had made a solemn commitment in January 2004 not to allow its soil or territory under its control to be used for terrorism against India. We expect that Pakistan lives up to its public commitment and takes follow up actions to dismantle all JeM and other camps and hold the terrorists accountable for the actions.
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LEGISLATORS IN DELHI ASSEMBLY GIVE STANDING OVATION TO IAF FOR CARRYING OUT STRIKES ON TERROR CAMPS

Legislators from various parties attending the Delhi Assembly budget session gave a standing ovation on Tuesday to the Indian Air Force for carrying out pre-dawn air strikes on terror camps inside Pakistani territory. While Delhi Assembly Speaker Ram Nivas Goel congratulated the Indian Air Force for the strikes, Deputy Chief Minister Manish Sisodia dedicated the budget to the soldiers who were martyred in the Pulwama attack. Amid chants of 'Inquilab Zindabad, Bharat Mata ki Jai and Vande Matram', BJP legislators were marshalled out by the speaker for chanting pro-Modi slogans instead of hailing the Indian Air Force.
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INDIAN AIR STRIKE IN BALAKOT KILLED 300 MILITANTS: SOURCES

The airstrike in the town of Balakot killed about 300 militants a senior Indian government source told Reuters on Tuesday. India has confirmed the attack on the biggest training camp of Jaish-e-Mohammad, the terror group which was involved in the February 14 attack on a CRPF convoy. Twelve Mirage 2000 fighter jets struck joint training camps of Jaish and LeT inside Pakistan and completely destroyed them by shelling 1,000 kg bombs. It took 19 minutes to complete the operation. Credible intelligence was received that JeM was attempting another suicide terror attack in various parts of the country, and the fidayeen jihadis were being trained for this purpose. In the face of imminent danger, a preemptive strike became absolutely necessary, said Foreign Secretary Vijay Gokhale. An official number on the number of militants neutralised by the Indian Air Force has not been confirmed by either side.
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PAKISTAN CLAIMS IAF DID NOT GO DEEP INTO PAKISTANI TERRITORY

Pakistan claimed on Tuesday that Indian Air Force (IAF) fighter jets crossed the Line of Control (LoC) and returned after the Pakistan Air Force (PAF) scrambled war planes. Pakistan has clarified that the IAF jets dropped bombs within Pakistani Kashmir at Balakote. Amid confusion about the location as there are two places by the name of Balakot/Balakote, the Director General of Inter-Services Public Relations (ISPR), Asif Ghafoor, said the intrusion took place within three to four miles of LoC in Pakistan administered Kashmir. His earlier tweet had mentioned that the Indian fighters dropped a payload at Balakot. A place called Balakot is located in Khyber Pakhtunkhwa and a Balakote is located in the Pakistani administered Kashmir. Following an uproar in Pakistan about Indian jets flying deep into its territory, the DG ISPR clarified that the intrusion took place close to the LoC.
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PAKISTANI DRONE SHOT DOWN NEAR GUJARAT BORDER

A Pakistani unmanned aerial vehicle (UAV) was on Tuesday shot down near the International Border in Kutch district of Gujarat, police sources said. Debris of the UAV was seen near Nanghatad village in Abdasa taluka of Kutch, they said. On hearing a loud sound around 6 am, villagers went to the spot and found the debris of the UAV, the sources said. Asked if a Pakistani UAV had been shot down by the Indian armed forces, a police official, on condition of anonymity, said, Such an incident has happened, we are investigating the matter.
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YES WE HAVE HIT DEEP INSIDE PAKISTAN: INDIA CONFIRMS EARLY MORNING STRIKE IN LOC

Hours after a dozen IAF jets pounded terror camps across LoC, India confirmed the action, saying it had targeted the biggest training camp of Jaish-e-Mohammad, the terror group involved in the February 14 attack on a CRPF convoy that claimed over 40 jawans. In a presser, foreign secretary Vijay Gokhle confirmed the hit deep inside Pakistan's territory adding that the pre-dawn strike claimed a 'very large' number of terrorists. In the face of imminent danger, a pre-emptive strike was necessary. India struck the biggest camp of JeM in Balakot. Large number of JeM terrorists, and suicide bombers were eliminated. The camp headed by Maulana Yusuf Azhar, the brother-in-law of Jaish chief Masood Azhar. The attack was conditioned in such a way that there were no civilian casualties. We were awaiting further details. Gokhale said India has been repeatedly urging Pakistan to take action against Jaish, but so far it has seen no visible step. Pakistan has taken no concrete action. We had credible information about possibility of JeM suicide attacks in other parts of the country, Gokhale said, endorsing India's reason to carry out the strike.
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GOODS AND SERVICES TAX RATE CUT A CONUNDRUMFOR REALTYDEVELOPERS

A careful analysis of the reduction in goods and services tax (GST) rate for under-construction real estate projects unveils new challenges for developers. True, the reduction in rates from 8% to 1% in the affordable housing category, and from 12% to 5% for other categories narrows the gap between completed and under-construction projects. This should fuel demand, as most of the inventory overhang in housing is in the under-construction segment. A Motilal Oswal Securities Ltd report, citing industry people, pointed out that 88%, 83% and 87% of the unsold inventory in Mumbai, Bengaluru and Delhi-NCR, respectively, were projects under construction. Indeed, this is a win-win scenario for developers and buyers, if lower GST can fuel sales. But the worry lies in the caveats. First, lower GST rates comes with a bitter pill, which is the withdrawal of input tax credit. Withdrawing credit on inputs implies a pressure on developer margins, unless they pass on the cost (to the extent of the input tax credit withdrawn) to the buyer. The only option with developers will be to increase the selling price, which may not be possible given the beleaguered state of the sector. A report from SBICap Securities Ltd says: This is likely to raise the developer’s construction cost (ex-land), by ~18-20%. The impact of lower GST in the absence of input tax credit therefore, will vary based on the region and the project. Two, the big disappointment is that the notification has fixed a cap of 45 lakh in value for a unit classified as affordable, in spite of increasing the carpet area. This excludes a host of projects, especially in the listed realty firms, which may otherwise have gained from the 1% GST on affordable housing projects. No doubt, the motive to withdraw the input tax credit stems from lack of clarity in calculating the same, given the myriad services and goods that go into a realty project. Adhidev Chattopadhyay, analyst at ICICI Securities Ltd, said: There have been fence sitters who were waiting for the GST cut on under-construction projects. The drop in the Nifty Realty index on Monday showed investors preferred to remain fence sitters.
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JET AIRWAYS MAY HAVE EVADED TAXES WORTH RS 650 CR: INCOME TAX DEPT

Income tax (I-T) department has discovered some irregularities in transactions between Jet Airways and its Dubai-based group companies and believes that the airline may have done this to evade taxes worth around 650 crore The investigative wing of the I-T department has prepared a report saying this and forwarded it to the assessment division which will seek a reply from Jet Airways and decide whether or not to raise a tax demand. Jet Airways would like to clarify that it has not received any communication from I-T department so far, a Jet Airways spokesman said. Hence, the airline is unable to comment on the same. I-T officials said the matter came to light five months ago when they carried out a survey on Jet Airways. The airline was paying commission every year to its general sales agent in Dubai which was actually a part of its Dubai-based group company. The commission was allegedly in excess of the permissible business transactions under the Income Tax Act and cannot be viewed as allowable expenses that could fall outside the ambit of taxation. In September last year, based on specific information, a survey under section 133 (A) of the I-T Act was carried out at the business premises of the airline. During the said survey, documents were seized. Upon inquiry some transactions concerning a Dubai-based entity were found to be of suspicious nature. These pertain to commission paid by the airline to the said entity, said an official, who was privy to the survey report. He added that these transactions could not be explained. These are excessive payment made with the intent to divert funds abroad, done with the sole intention to evade taxes.
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FORBES & CO SETTLES DISPUTE WITH VIDEOCON REALTY VIA ARBITRATION MECHANISM

Shapoorji Pallonji group firm Forbes & Company Monday said it has resolved its disputes with Videocon Realty and Infrastructure Ltd (VRIL) over Vicinia project through arbitration mechanism. We would like to inform that our disputes with Videocon Realty and Infrastructure Limited (VRIL) in respect of Project Vicinia has been resolved through arbitration mechanism, Forbes & Company said in a regulatory filing. As part of the resolution, Forbes will pay Rs 153 crore to VRIL which would then have no rights or interests in the Vicinia project, This would not in any manner affect or prejudice the buyers of the flats in the Project Vicinia, it added.
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NEARLY 62.31% OF MSMES BELIEVE THAT GST HAS MADE THE BUSINESS ENVIRONMENT BETTER: SURVEY

Nearly 62.13% of MSMEs surveyed, termed GST as the single biggest reform or that it made running business easier, though 9% of MSMEs said that more work is needed to implement GST said survey report on state of MSME in India. Only 28% of MSMEs held introduction of GST responsible for MSMEs going out of business or for GST making business tougher for MSMEs. States where MSMEs have been highly positive about GST are Uttar Pradesh with 77.49%, Delhi with 77.25%, Haryana with 70.49%, Maharashtra with 69.40%, Madhya Pradesh with 69.13%, Andhra Pradesh with 69.08%, Kerala with 67.88%, Rajasthan with 66.92% and Tamil Nadu with 65.03%. On the other hand, states including Gujarat with 44.07%, Jharkhand with 46.69% and West Bengal with 46.19% show the least number of MSMEs calling GST a positive move for MSMEs. On the issue of demonetisation in November 2016, the survey revealed that an average of 58% of MSMEs across India, agreed with the contention that the move probably led to negative growth for MSMEs in India, whereas 20% were not sure. However, 22% of those surveyed strongly felt that there was no such possibility of demonetisation effecting MSME growth. According to 78.80% of MSMEs surveyed from Uttarakhand, 67% from West Bengal,65.93% from J&K, 64.53% from Odisha, 64.80% from Himachal Pradesh, 64.47% from Maharashtra, 63.48% from Bihar, 60.29% from Telangana and 60.13% from Assam, demonetisation probably led to negative growth for MSMEs. The data revealed that 66.58% of MSMEs surveyed collectively hired an additional 2,46,416 people, in the 18 months from April 2017 to September 2018 at an average of 9.776 jobs per MSME unit. The survey revealed that 59.56% of MSMEs rated the MSME ecosystem better than earlier, while 28% felt that it was worse than earlier, and 12.21% felt no change at all. States where large numbers of MSMEs perceived positive change due to central government initiatives are Uttar Pradesh (72.72%), Maharashtra (67.79%) and Delhi (66.05%).
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FIEO SEEKS INCLUSION OF MORE PRODUCTS UNDER EXPORT INCENTIVE SCHEME

More products like jewellery and auto-components should be included the list of items that enjoy export incentives through e-commerce with a view to boosting outbound shipments, exporters body FIEO said Monday. Ganesh Kumar Gupta said currently only few items such as handicraft, handloom, books, leather footwear, and toys avail exports incentives under Merchandise Exports from India Scheme (MEIS). The list requires immediate expansion as many MSME (micro, small and medium enterprises) units exporting auto-components, are deprived of MEIS. Under MEIS, the government provides duty benefits depending on product and country. The proposed policy should bring uniform definition of e-commerce as various acts and policies define the world differently, Gupta further said. The limitation of 25,000 for e-commerce exports or imports through courier, should be either removed or enhanced to 5 lakh so that high value shipments can be exported through courier mode availing fast track facility. This is the most timely initiative of bringing this draft as e-commerce is a thriving market and, is a rapidly booming business around the globe, he further said.
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SINGAPORE LARGEST FDI SOURCE, LEAVES MAURITIUS FAR BEHIND

Months before India’s new double taxation avoidance agreements with them are to kick in fully, Singapore has beaten Mauritius to emerge as New Delhi’s largest source of foreign direct investment (FDI). FDI in equity from Singapore jumped 41% in the April-December period to almost $13 billion, while that from Mauritius dropped 55% from a year before to just $6 billion, showed the latest official data. India’s total FDI inflows into equity — which had shot up by 23% in the first quarter — lost pace subsequently and dropped 7% to $33.5 billion between April and December 2018. Interestingly, at $6.06 billion, FDI inflows into chemicals (excluding fertilisers) in the first three quarters of this fiscal exceeded those into bigger sectors like financial and other services ($5.92 billion), computer software and hardware ($4.75 billion), telecommunications ($2.29 billion), trading ($2.34 billion) and automobiles ($1.81 billion). The chemicals sector had attracted just $1.3 billion in the entire 2017-18 fiscal. As for the destinations of FDI, India had tweaked its 33-year old tax treaty with Mauritius in May 2016 and revised it with Singapore in December that year to plug loopholes exploited by companies in tax havens to avoid legitimate taxes. These pacts are to come into effect fully from April 2019 after a two-year transitional phase during which capital gains on the transfer of Indian shares acquired since April 2017 are being taxed at 50% of the domestic rate. After April 1, 2019, full domestic capital gains tax will apply. Already, the share of Mauritius in cumulative FDI inflows into India since April 2000 has eroded gradually over the years from as much as 42% as of March 2011 to 32% by December 2018, while that of Singapore jumped from 9% to 19% during this period.
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7 BOOKED FOR RS 1 CR FRAUD

Seven fraudsters from Mumbai and Rajkot were booked on Sunday for allegedly duping seven Rajkot-based jewellers of Rs 1.33 crore According to the police, the accused had presented themselves as leading businessmen from Mumbai before Talpada and six of his friends from his circle of businessmen. The accused initially bought jewellery from the victims and made payment to win their confidence. Then they bought jewellery, worth Rs 1.21 crore, from them, promising them that they would make payment later. However, the accused allegedly reneged on their promise and siphoned off the jewellery. Meanwhile, Bhatt from Mumbai arrived to meet the victims in Rajkot. Identifying himself as a cop from Mumbai police, Bhatt told the victims that he would get them back their jewellery, but would charge them Rs 12 lakh. The unsuspecting victims paid him Rs 12 lakh. After taking the money, Bhatt allegedly became untraceable, said an official.
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DELHI COURT REFUSES TO STAY INTERROGATION OF ROBERT VADRA, ASKS HIM TO JOIN PROBE

A Delhi court Monday refused to stay interrogation of Robert Vadra, accused in a money laundering case, and directed him to join investigation before the Enforcement Directorate (ED) on Tuesday. Special CBI Judge Arvind Kumar directed the agency to supply within five days hard copies of the documents seized from Vadra during raids conducted at his offices last year. The court has now posted for March 2 the hearing of Vadra's plea seeking directions to stay the ED interrogation. During the hearing, senior advocate KTS Tulsi, appearing for Vadra, alleged that the agency wants to expedite the investigation as elections are approaching and they are losing their patience.
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VVIP CHOPPER CASE: DELHI COURT GRANTS BAIL TO RAJEEV SAXENA

A Delhi court Monday granted bail to Rajeev Saxena, who was arrested in the Rs 3,600-crore AgustaWestland money-laundering case. Special Judge Arvind Kumar granted the relief to Saxena on furnishing a bail bond of Rs 5 lakh and two sureties of the like amount. The court also imposed certain conditions on Saxena and said he will not tamper with evidence and join investigation as and when called. The court further said Saxena should not leave the country without its permission.
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ED ATTACHES NIRAV MODI'S PROPERTIES WORTH RS 147 CRORE

The Enforcement Directorate (ED) on Tuesday said it has attached properties of absconding diamantaire Nirav Modi and his associate companies to the tune of Rs 147 crore in connection with its ongoing probe into the Punjab National Bank (PNB) fraud case. The agency in a statement said that the action was taken under sections of the Prevention of Money Laundering Act (PMLA) 2002. The ED has provisionally attached movable and immovable properties located in Mumbai and Surat, having market value of Rs 147.72 crore consisting of eight cars, plant and machinery, consignments of jewellery, paintings and immovable property, owned by Nirav Modi and his group companies, namely Firestar Diamond International Private Limited, Firestar International Private Limited, Radheshir Jewelry Company Private Limited and Rhythm House Private Limited, the statement said.
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INCOME TAX DEPARTMENT AGAIN SEEKS BRIBERY DOCS FROM COGNIZANT

The income tax department has revived its demand that Cognizant provide documents related to the bribes it had paid to Tamil Nadu government officials to secure approvals for a building It has also begun inquiring into Cognizant's withdrawal of a depreciation claim on the building, people familiar with the development told. They (Cognizant) had withdrawn the claim of depreciation on the asset for which improper payments were made, an income tax official told. Our inquiries are related to that. The information technology company has until March 10 to provide documents related to the illegal payments, the person said. Income tax rules allow companies to claim depreciation on commercial buildings Cognizant had voluntarily disclosed to the US Securities and Exchange Commission in September 2016 the payment of bribes after it uncovered the 2014 payments in internal audits. The firm also reported the episode to the US Department of Justice (DoJ), following which two top executives quit - Gordon J Coburn, who was president, and Steven Schwartz, the chief legal and corporate affairs officer. The two executives were indicted under the Foreign Corrupt Practices Act (FCPA) in the US for approving the illegal payments. The company said February 15 that it will pay $28 million as penalty and that the US justice department will not take further action, considering its prompt self-reporting and compliance enhancements. The Indian income tax department had sought records relating to the bribe payments after Cognizant reported them to the US authorities in 2016, but the software exporter had said at the time that it was unable to submit them in view of ongoing court proceedings in that country. With the resolution of the court matters relating to Cognizant, we have sought the records again, said the tax official. Cognizant did not respond to queries.
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SUPREME COURT TO DIRECT SECRET MEDIATION BETWEEN PARTIES TO RESOLVE AYODHYA TITLE SUIT DISPUTE

The Supreme court on Tuesday said that it would direct the warring parties in the ayodhya title suit dispute to go for last minute secret mediation to resolve the contentious issue Though the Muslim parties to the case said they were ready for talks, the Hindu parties said they were not agreeable to talks. A CJI led bench however did not pass formal orders to this effect. It said it would pass the orders only on tuesday next i.e. March 5. The bench led by CJI Ranjan Gogoi said that the talks will conclude in eight weeks the time required for paper work to be completed for a formal hearing of the case. This is not a private dispute over property. It involves a public right of worthopaedic. Even if there is one per cent chance of dispute resolution we want to take it, Justice S.A. Bobde who is next in line to be CJI after CJI Gogoi demits office said. The bench said that the mediation will be done confidentially. The bench may apps orders on appointing a mediator on March 5. The Allahabad high court had in 2010 divided the land on which the now demolished Babri Masjid Ram Janmabhoomi structure once stood in the ratio of 2:1 between the Hindus and the Muslims.
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NATIONAL SECURITY SUFFERED DUE TO CRIMINAL NEGLIGENCE OF UPA: PM MODI

Prime Minister Narendra Modi on Monday launched an all out attack on the Congress accusing it of adopting a family first approach and said national security suffered due to criminal negligence of the previous dispensation, in remarks which came shortly before he inaugurated the National War Memorial. In his hard-hitting speech at a gathering of ex-servicemen, the Prime Minister referred to the Bofors scam, AgustaWestland chopper scam, Rafale issue and inordinate delays in procurement of critical military platforms and ammunition by previous government. Modi also listed steps taken by his government in enhancing India's military might, ensuring welfare of security personnel and ex-servicemen as well as in honouring the fallen heroes. Why injustice was meted out to our martyrs? What was the reason why attention was not drawn to build a memorial for the martyrs? Was it India first or family first. The answer to this lies in the difference between family first and India first, Modi said, in a clear reference to the Gandhi family. He also trained his guns on the Congress on the Bofors and AgustaWestland helicopter scam. From Bofors to helicopter, all investigations point at the same family and it says a lot. These people are putting all their might to ensure that Rafale jets do not come to India. When India's first Rafale will fly over the country, then it will demolish their conspiracies, said the PM. Paying his respects to the CRPF soldiers killed in the Pulwama attack, he said due to the sacrifice of many soldiers India is among the strongest armies in the world. Defence Minister Nirmala Sitharaman told the ex-servicemen, What we need today is your trust, and trust in the Prime Minister, seen as seeking their support for BJP's return to power. Saying that for him it was India first, Modi asserted that this pradhan sewak, a term he uses often for himself, will take every decision keeping the national interest supreme. The reason for delay in the previous government and the decision taken by his dispensation is due to the difference between family first and India first mindset, he asserted.
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SC REJECTS PIL SEEKING PROBE INTO POSSIBLE LARGER CONSPIRACIES BEHIND PULWAMA ATTACK

The Supreme Court on Monday dismissed a plea seeking a probe into possible larger conspiracies behind the February 14 Pulwama terrorist attack in which 40 CRPF soldiers were killed. The PIL, filed by lawyer Vineet Dhanda, had claimed that nearly 370 kg RDX explosive was used by the Jaish-e-Mohammad (JeM) suicide bomber who rammed his vehicle into the bus carrying the soldiers and hence required a thorough probe. A bench of Chief Justice of India Ranjan Gogoi and Justice Sanjiv Khanna dismissed the plea. The plea had also sought directions to the Centre to constitute a committee headed by a retired judge of the apex court to inquire the role of Indian citizens in the Uri and Pulwama terrorist attacks.
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SARADHA CHIT FUND SCAM: CBI FILES AFFIDAVIT ON PLEA SEEKING CONTEMPT PROCEEDINGS AGAINST RAJEEV KUMAR

The Central Bureau of Investigation (CBI) on Saturday filed an affidavit in the Supreme Court on a plea seeking initiation of contempt proceedings against West Bengal Chief Secretary, DGP and former Kolkata Police Commissioner Rajeev Kumar for alleged non-cooperation in a case connected with the Saradha chit fund scam. The CBI in its affidavit said there is larger conspiracy between highly placed state authorities and the companies under investigation in the scam. The affidavit said communication between the CBI and state authorities show that there has been a concerted effort to evade, avoid and to escape the process of law and a conscious effort on part of the authorities to scuttle the investigation. The CBI said that West Bengal had transferred all the chit fund cases and its investigation to a Special Investigation Team (SIT), vide notification April 26, 2013, and while the investigation was being done by the SIT, crucial original, primary and fundamental evidence such as laptops, mobile phones etc. were handed over to the main accused in the Sharada Scam case by the investigating officer of West Bengal Police working under direct supervision of Rajeev Kumar. Return of crucial evidence to the main accused by the SIT headed by Rajeev Kumar, despite the regular monitoring by the Calcutta High Court, clearly show connivance of the SIT to a larger conspiracy wherein local authorities have obstructed investigation and made attempts to destroy the evidence prior to the transfer of the case to the CBI by the apex court, it added. The CBI had filed the contempt plea in the apex court against three officers for alleged willful and deliberate violation of top court orders. The case will be heard on February 27.
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TRAPPED MEGHALAYA MINERS: SC QUESTIONS THE NEED TO GO ON WITH RESCUE OP, BUT AGREES TO ORDER ONE 'LAST-DITCH EFFORT'

The Supreme Court on Monday questioned the need to go on with the rescue operations for the trapped miners in a rat-hole mine in Meghalaya. A Bench of Justices A.K. Sikri and S. Abdul Nazeer said there would be only skeletons left now. The miners were first known to be trapped from December 13, 2018. What will be left of them now? It has been two months, Justice Nazeer asked. Solicitor-General Tushar Mehta, for the Centre, agreed that nothing could be done. But Senior advocate Anand Grover, for PIL petitioner-advocate Aditya N. Prasad, persisted. Mr. Grover highlighted the plight of the families of the miners and their need for closure. He appealed to the judicial conscience of the court to go on with the rescue operations at least for sometime more. The Supreme Court finally agreed with Mr. Grover and ordered the government to go for one last-ditch effort at the rescue. The court reiterated its earlier order to airlift 100 hp Kirloskar pumps to dry the flooded mine. The apex court further issued show cause notice to the owner of the mine, saying it would consider granting compensation to the family members of the victim as prime facie responsibility and liability of the mishap was with the owner. Rat hole mines are illegal.
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DAUGHTERS OF JAWANS MOVE SC TO HEAR PLEA ON HUMAN RIGHTS OF SECURITY FORCES, APEX COURT AGREES TO HEAR PLEA

The Supreme Court on Monday agreed to examine a plea seeking protection of human rights of security force personnel, who come under attack by mobs while performing their duties. A bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna also issued notices to the Union of India, Ministry of Defence, Jammu and Kashmir and the National Human Rights Commission (NHRC) on the plea filed by 19-year-old Preeti Kedar Gokhale and 20-year-old Kajal Mishra. The petitioners said they are greatly disturbed by the incidents of unruly and disruptive mobs pelting stones at soldiers and Army convoys in Jammu and Kashmir. The plea has sought formulation of a policy to curb human rights violations of security force personnel who come under attack by mobs while performing duties. The petitioners said they have approached the apex court as they were aggrieved and dissatisfied with the inaction of the respondents in addressing various acts of human right violations of Army personnel, resulting in obstruction in the discharge of their duties, as well as endangers their safety and security at the place of their deployment. Referring to FIRs being lodged against Army personnel, the plea said cases are being lodged if action was taken against the stone pelters in retaliation or self-defense. The petitioners have no grievance to any complaint/FIR being filed against any Armed force personnel for any act done by them which amounts to any criminal offense under the law for the time being in force. The petition termed as shocking a former Jammu and Kashmir chief minister's declaration in the legislative assembly that as many as 9,760 FIRs registered against stone pelters would be withdrawn as they were first-time offenders. Further, armed forces personnel are also deprived of their basic human rights of defending themselves against assault and safeguarding their life and limb, it said. The petitioners also sought setting aside of the NHRC order dated January 4 transferring the representation to the SHRC and a direction to complete the probe of human rights violations of armed forces personnel.
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MUZAFFARPUR SHELTER HOME CASE: DELHI COURT ASKS CBI TO APPOINT SPECIAL PUBLIC PROSECUTOR

A Delhi court Monday directed the CBI to appoint within two days a special public prosecutor in the Muzaffarpur shelter home sexual assault case. Additional Sessions Judge Saurabh Kulshrestha Delhi posted the matter for hearing on February 27. The Supreme Court had on February 7 ordered that the shelter home sexual assault case be transferred from Bihar to a Protection of Children from Sexual Offences (POCSO) court at Saket district court complex here, which would conclude the trial within six months.
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IMRAN KHAN ALLOWS REGISTERED AFGHAN REFUGEES TO OPEN BANK ACCOUNTS IN PAKISTAN

Pakistan Prime Minister Imran Khan on Monday asked authorities to allow legally registered Afghan refugees to open bank accounts and become part of the country's formal economy. Around three million Afghan refugees are living in Pakistan and about half of them are registered as refugees and allowed legally to live and work while others are unregistered and considered illegal foreigners. I have issued instructions that Afghan refugees who are registered can open bank accounts and from now onwards they can participate in the formal economy of the country, Khan tweeted.
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TRUMP EXTENDS CHINA TRADE TRUCE, CITING SUBSTANTIAL PROGRESS

President Donald Trump said he’ll extend a deadline to raise tariffs on Chinese goods beyond this week, citing substantial progress in the latest round of trade talks that wrapped up Sunday in Washington. The US has made substantial progress in our trade talks with China on important structural issues including intellectual property protection, technology transfer, agriculture, services, currency, and many other issues, Trump said. As a result of these very productive talks, I will be delaying the US increase in tariffs now scheduled for March 1 If the sides make further headway in negotiations, Trump said he and Xi planned to meet at his Mar-a-Lago resort in Florida to conclude an agreement, though he didn’t offer any details on the timing of the meeting or how long he expects the tariff extension to last. Substantial progress was made on specific issues as the latest round of trade talks concluded, China’s official Xinhua News Agency reported, without giving more details.




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Thanks & Regards,
CS Meetesh Shiroya

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