REVIEW OF THE MONTHLY ACCOUNT
The Monthly Account of the
Union Government of India up to the month of February 2019 for the Financial
Year 2018-19 has been consolidated and reports published. The highlights are
given below:-
·
The Government of India
has received Rs.13,37,340 crore (73.37% of corresponding RE 18-19 of Total Receipts) upto February
2019 comprising Rs. 10,93,923 crore Tax Revenue (Net to Centre), Rs. 1,71,755 crore of Non Tax Revenue and Rs.71,662 crore of Non
Debt Capital Receipts. Non Debt Capital Receipts consists of Recovery of Loans
(Rs.15,042 crore) and Disinvestment
of PSUs (Rs. 56,620 crore).
·
Rs. 5,96,667 crore has
been transferred to the State Governments as Devolution of Share of Taxes by Government of India up to
this period which is Rs. 67,043 crore higher than the corresponding period of
last year 2017-18.
·
Total Expenditure incurred
by Government of India is Rs.21,88,839 crore (89.08% of corresponding RE
18-19), out of which Rs.19,15,303 crore is on Revenue Account and Rs.2,73,536
crore is on Capital Account. Out of the Total Revenue Expenditure, Rs.5,01,160
crore is on account of Interest Payments and Rs.2,63,868 crore is on account of
Major Subsidies.
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INDIA'S APRIL-FEBRUARY FISCAL DEFICIT AT 134% OF FY TARGET:
GOVT DATA
India's April-February
fiscal deficit touched Rs 8.51 trillion ($123.07 billion), or 134.2 per cent of
the budgeted target for the current fiscal year, government data showed on
Friday.
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CBIC REVISES THE FORMAT OF SHIPPING BILL AND BILL OF EXPORTS
The government has revised
the format of Shipping Bill and Bill of Exports forms, which are required to
acquire a clearance for export from the Customs. The notification which amends
the format of Shipping Bill and Bill of Exports (Forms) Regulations, 2017 was
issued by Central Board of Indirect Taxes and Customs (CBIC). It said These
regulations may be called the Shipping Bill and Bill of Export (Forms)
Amendment Regulations, 2019. In the formats of Shipping Bill for Export of
Goods (SB I & SB III), certain changes were made by the authorities after
making some amendments in the format of Shipping Bill and Bill of Exports
(Forms) Regulations, 2017. After the amendments, the authorities concerned has
inserted two more rows in SB I form and asked for item level details at invoice
level and cargo details for each invoice separately in the respective rows. The
gist of the revised formats are summarized as follows:
·
Form SB – I under
Regulation 2 i.e. Shipping Bill for Export of Goods (Original)
·
Form SB – I under
Regulation 2 i.e. Shipping Bill for Export of Goods (Quadruplicate) [Export
Promotion Copy]
·
Form SB – III under
Regulation 3 i.e. Bill for Export of Goods (Original)
·
Form SB – III under
Regulation 3 i.e. Bill for Export of Goods (Quadruplicate) [Export Promotion
Copy]
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SC TURNS DOWN PETITION BY GOVT AGAINST IGST EXEMPTION TO
EXPORTERS
The Supreme Court has
dismissed the petition filed by the government and the GST Council against the
Delhi high court order to allow
exporters an exemption from the integrated goods and services tax (IGST) for
imports done under the advance authorisation licenses. This would release
working capital for those using these licenses. In advance authorisation
licence is issued to allow duty-free import of inputs which are physically
incorporated in export products. Explaining the case, Abhishek Rastogi, who
argued the case for exporters in the Supreme Court, said the Delhi high court
had in 2017 allowed exporters to avail the IGST exemption. Following this, the
GST Council had amended rules under the GST laws to allow the exemption from
October 13, 2017. However, importers wanted exemption for earlier period as
well. The government, the directorate general of foreign trade (DGFT) and the
GST Council, meanwhile, filed a special
leave petition (SLP) in the Supreme Court against the Delhi high court order.
This was dismissed by the apex court on Friday. The dismissal of the SLP means
that the exporters are under no threat
to pay taxes on goods imported under advance authorisation licenses, Rastogi
said. He said exporters were facing huge working capital crunc when imports are
subject to IGST despite advance authorisation licenses.
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CHANGES PLANNED IN E-WAY BILL SYSTEM TO CONTAIN GST EVASION
India is eyeing several
changes to the electronic-way bill system, ranging from auto calculation of
distance for movement of goods to barring businesses from generating multiple
e-way bills based on one invoice, as it cracks down on evasion in the goods and
services tax (GST) framework. E-way bill system will be enabled to auto
calculate the distance for movement of goods based on the postal PIN codes of
source and destination locations while allowing a variation of only 10%. That
is if the system has displayed the distance between Place A and B, based on the
PIN codes, as 655 kms; then the user will be able to enter the actual distance
up to 720 KM (655KMs + 65KM), according to the new conditions. Tax experts
reckon that tax evasion continues to be a major concern for the government, and
it is increasingly relying on technology to plug the gaps. The recent changes
are another example of how the government is relying more on technology to
ensure compliances -- case in point being auto population of actual distance
between supplier and recipient based on PIN codes and automatic blocking of
inter-state transaction for small composition dealers, said Harpreet Singh. The
proposed system will also bar generation of e-way bill for interstate movement
by composition taxpayer. This is being done to plug a loophole in the system as
the GST Act does not allow the composition tax payers to do Inter-state
transactions. With some of these changes such as automatic calculation of
distance between two locations via PIN codes and one e-way bill for one
invoice, coupled with greater focus on RFIDenabled vehicles, tracking the
consignments might be easier for the government, said Pratik Jain, national
leader, indirect taxes, PwC. However, it needs to be ensured that flexibility
is built in the system to take care of exceptional situations such as diversion
of vehicles due to road blockage, etc., where the actual distance travelled may
be more than 10% of the distance calculated by the system, said Jain. The new
rules envisage not allowing generation of multiple e-way bills based on one
invoice by any party — consignor, consignee and transporter. That is, once
e-way bill is generated with an invoice number, then none of the parties —
consignor, consignee or transporter — can generate the e-Way bill with the same
invoice number. This has been done following representations from transporters.
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EXPORTERS UNDER THE SCANNER FOR CLAIMING TAX BENEFITS TWICE
Many exporters have come under
the taxman’s lens for claiming tax credit for the same export twice under the
inverted duty structure. Those who have received notices from the indirect tax
department said they had merely claimed what was theirs — although in two
tranches. According to the notices, the anomaly came to light during an audit
conducted by the tax authorities. The tax department claimed that these
exporters had claimed double benefits. Inverted duty structure in the indirect
tax framework refers to a situation where GST paid on the raw material is more
than the goods exported This led to a situation where the exporters would go
and claim the refunds. In many cases, say industry trackers, the refunds were
claimed in two tranches. In several situations, the exporters have more
accumulated credit than the IGST paid under the rebate option, thereby unable
to set off the credits. Many exporters have been issued notices under the
inverted duty structure, especially those who were paying partial duty through
credit and seeking refunds of the rest of the taxes paid, said Abhishek A
Rastogi. The issue was raised at a time when the revenue department is staring
at a ₹30,000-crore shortfall in GST collection. This is not the
first time the exporters have come under the indirect tax department’s
scrutiny. The Directorate of Revenue Intelligence (DRI), the primary
anti-smuggling intelligence agency, had issued notices to the exporters for
wrongfully availing exemptions in cases where exports preceded imports. The
notices issued by the DRI asked exporters to pay IGST in cases where the raw
material is imported only after goods are exported partially or fully.
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UNSTITCHED THREE-PIECE SALWAR/CHURIDAR SETS TO ATTRACT LOWER
GST OF 5%, RULES AAR
Is a salwar/churidar-kurta
set comprising three pieces — top, bottom and dupatta — just fabric or articles
of apparel? This was the question before the Authority for Advance Ruling of
Tamil Nadu (AAR-TN) to determine the rate of Goods & Services Tax (GST).
AAR-TN ruled that completely unstitched sets will be classified as ‘fabrics’
and attract five per cent GST, just embroidery or embellishment will not make
any difference to it. However, partially stitched will make it ‘Article of
Apparel’ and it will accordingly attract GST at the rate of 5 per cent (for
sale value less than ₹1,000) or 12 per cent (for sale value more than ₹1,000).
According to Anita Rastogi, this is a classic example where multiple rates lead
to classification issues. One of the objectives of the GST was to do away with
huge litigation faced under old regime largely due to different tax rates for
different products. Going forward, the government should look at rationalising
the rate structure under GST, she said. Palayamkottai, Tamil Nadu-based RmKV
Fabrics approached AAR to get an advance ruling on classification of three
piece salwar/churidar-kurta-dupatta sets. It wanted to know whether the three
piece set would be classifiable as ‘fabrics’ and attract only 5 per cent GST or
they would be classifiable as ‘Articles of Apparel’ and attract 5 per cent GST
if their sale price is below ₹1,000 and attract l2 per cent GST if their sale price is more
than ₹1,000. The AAR decision is binding on the applicants and the
jurisdictional tax authority. Though such a decision does not have precedent
value like that of a High Court or Supreme Court judgment, it can be used as
persuasive tool in future cases. In this case, the applicant put forward four
models to determine ‘fabrics’ or ‘Article of Apparel.’ The first model has
unstiched top and bottom where top is merely cut into size. The second model
comprises top semi-stitched and bottom unstitched. The third model has top
stitched, but bottom unstitched. Finally, the fourth model has top and bottom
unstitched, but only the neck portion is cut and design is made — which meant
partial stitching. However, in all the cases, the fabrics themselves could have
some embroidery work/hemming or embellishments on them. The applicant further
said the sets in question comprise three pieces of fabric and in some of them
certain degree of stitching or neck work is done. These items cannot be worn as
such and requires further stitching according to the measurement of the user
and then ultimately stitched into a complete set. They are essentially in the
form of fabric and have not attained the characteristics of an article like a
readymade shirt or pant. The AAR took cognizance of circulars issued by the
Central Board of Indirect Taxes & Customs (CBIC). The circular dated
October 27, 2017 said mere cutting and packing of fabrics into pieces of different
lengths from bundles or thans, will not change the nature of these goods and
such pieces of fabrics would continue to be classifiable under the respective
heading as the fabric and attract the 5 per cent GST rate. Another
clarification issued on December 31, 2018, restated this position while adding
that a fabric piece or a set of pre-packed fabric pieces, even if embroidered
or embellished, will still be considered as fabrics. The authority also
considered classification under custom tariff and gave the ruling accordingly.
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CLARIFICATION IN RESPECT OF TRANSFER OF INPUT TAX CREDIT IN
CASE OF DEATH OF SOLE PROPRIETOR
Doubts have been raised
whether sub-section (3) of section 18 of the Central Goods and Services Tax
Act, 2017 (hereinafter referred to as (CGST Act) provides for transfer of input
tax credit which remains unutilized to the transferee in case of death of the
sole proprietor. As per sub-rule (1) of rule 41 of the Central Goods and
Services Rules, 2017 (hereinafter referred to as (CGST Rules), the registered
person (transferor of business) can file FORM GST ITC-02 electronically on the
common portal along with a request for transfer of unutilized input tax credit
lying in his electronic credit ledger to the transferee. Further, clarification
has also been sought regarding procedure of filing of FORM GST ITC-02 in case
of death of the sole proprietor. In order to clarify these issues and to ensure
uniformity in the implementation of the provisions of the law, the Board, in
exercise of its powers conferred by section 168 (1) of the CGST Act, hereby
clarifies the issues raised as below. Clause (a) of sub-section (1) of section
29 of the CGST Act provides that reason of transfer of business includes death
of the proprietor Similarly, for uniformity and for the purpose of sub-section
(3) of section 18, sub-section (3) of section 22, sub-section (1) of section 85
of the CGST Act and sub-rule (1) of rule 41 of the CGST Rules, it is clarified
that transfer or change in the ownership of business will include transfer or
change in the ownership of business due to death of the sole proprietor.
In case of death of sole
proprietor if the business is continued by any person being transferee or successor,
the input tax credit which remains un-utilized in the electronic credit ledger
is allowed to be transferred to the transferee as per provisions and in the
manner stated below –
a. Registration liability
of the transferee / successor
As per provisions of
sub-section (3) of section 22 of the CGST Act, the transferee or the successor,
as the case may be, shall be liable to be registered with effect from the date
of such transfer or succession, where a business is transferred to another
person for any reasons including death of the proprietor. While filing
application in FORM GST REG-01 electronically in the common portal the
applicant is required to mention the reason to obtain registration as death of
the proprietor.
b. Cancellation of
registration on account of death of the proprietor
Clause (a) of subsection
(1) of section 29 of the CGST Act, allows the legal heirs in case of death of
sole proprietor of a business, to file application for cancellation of
registration in FORM GST REG-16 electronically on common portal on account of
transfer of business for any reason including death of the proprietor. In FORM
GST REG-16, reason for cancellation is required to be mentioned as death of
sole proprietor. The GSTIN of transferee to whom the business has been
transferred is also required to be mentioned to
link the GSTIN of the
transferor with the GSTIN of transferee.
c. Transfer of input tax
credit and liability
In case of death of sole
proprietor, if the business is continued by any person being transferee or
successor of business, it shall be construed as transfer of business.
Sub-section (3) of section 18 of the CGST Act, allows the registered person to
transfer the unutilized input tax credit lying in his electronic credit ledger
to the transferee in the manner prescribed in rule 41 of the CGST Rules, where
there is specific provision for transfer of liabilities. As per sub-section (1)
of section 85 of the CGST Act, the transferor and the transferee / successor
shall jointly and severally abcaus.in be liable to pay any tax, interest or any
penalty due from the transferor in cases of transfer of business in whole or in
part, by sale, gift, lease, leave and license, hire or in any other manner
whatsoever. Furthermore, sub-section (1) of section 93 of the CGST Act provides
that where a person, liable to pay tax, interest or penalty under the CGST Act,
dies, then the person who continues business after his death, shall be liable
to pay tax, interest or penalty due from such person under this Act. It is
therefore clarified that the transferee / successor shall be liable to pay any
tax, interest or any penalty due from the transferor in cases of transfer of
business due to death of sole proprietor.
d. Manner of transfer of
credit
As per sub-rule (1) of
rule 41 of the CGST Rules, a registered person shall file FORM GST ITC-02
electronically on the common portal with a request for transfer of unutilized
input tax credit lying in his electronic credit ledger to the transferee, in
the event of sale, merger, de-merger, amalgamation, lease or transfer or change
in the ownership of business for any reason. In case of transfer of business on
account of death of sole proprietor, the transferee / successor shall file FORM
GST ITC-02 in respect of the registration which is required to be cancelled on
account of death of the sole proprietor. FORM GST ITC-02 is required to be
filed by the transferee/successor before filing the application for
cancellation of such registration.
Upon acceptance by the
transferee / successor, the un-utilized input tax credit specified in FORM GST
ITC-02 shall be credited to his electronic credit ledger.
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EXTENSION OF DUE DATE FOR FILING FORM GST ITC-04 FOR PERIOD
JULY 2017 TO MARCH 2019 TILL 30.06.2019
In pursuance of section
168 of the Central Goods and Services Tax Act, 2017 (12 of 2017) and sub-rule
(3) of rule 45 of the Central Goods and Services Tax Rules, 2017 (hereinafter
referred to as the said rules), and in supercession of the notification of the
Government of India in the Ministry of Finance, Department of Revenue No.
78/2018-Central Tax, dated the 31st December 2018, published in the Gazette of
India, Extraordinary, Part II, Section 3, Sub-section (i) vide number
G.S.R.1255(E), dated the 31st December 2018, except as respects things done or
omitted to be done before such supercession, the Commissioner, hereby extends
the time limit for furnishing the declaration in FORM GST ITC-04 of the said
rules, in respect of goods dispatched to a job worker or received from a job
worker, during the period from July, 2017 to March, 2019 till the 30th day of
June, 2019
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VERIFICATION OF APPLICATIONS FOR GRANT OF NEW REGISTRATION
Recently, a large number
of registrations have been cancelled by the proper officer under the provisions
of sub-section (2) of section 29 of the Central Goods and Services Act, 2017
(hereinafter referred to as CGST Act) read with rule 21 of the Central Goods
and Services Rules, 2017 (hereinafter referred to as CGST Rules) on account of
noncompliance of the said statutory provisions. In this regard, instances have
come to notice that such persons, who continue to carry on business and
therefore are required to have registration under GST, are not applying for
revocation of cancellation of registration as specified in section 30 of the
CGST Act read with rule 23 of the CGST Rules. Instead, such persons are
applying for fresh registration. Such new applications might have been made as
such person may not have furnished requisite returns and not paid tax for the
tax periods covered under the old/cancelled registration. Further, such persons
would be required to pay all liabilities due from them for the relevant period
in case they apply for revocation of cancellation of registration. Hence, to
avoid payment of the tax liabilities, such persons may be using the route of
applying for fresh registration. It is pertinent to mention that as per the
provisions contained in proviso to sub-section (2) of section 25 of the CGST
Act, a person may take separate registration on same PAN in the same State. In
order to ensure uniformity in the implementation of the provisions of law
across the field formations, the Board, in exercise of its powers conferred by
section 168 (1) of the CGST Act, hereby issues the following instructions
·
Sub-section (10) of
section 25 of the CGST Act read with rule 9 of the CGST Rules provide for
rejection of application for registration if the information or documents
submitted by the applicant are found to be deficient. It is possible that the
applicant may suppress some material information in relation to earlier
registration. Some of the information that may be concealed in the application
for registration in FORM GST REG -01 are S. No. 7 Date of Commencement of
Business, S. No. 8 Date on which liability to register arises, S. No. 14 Reason
to obtain registration etc. Such persons may also not furnish the details of
earlier registrations, if any, obtained under GST on the same PAN.
·
It is hereby instructed
that the proper officer may exercise due caution while processing the
application for registration submitted by the taxpayers, where the tax payer is
seeking another registration within the State although he has an existing
registration within the said State or his earlier registration has been
cancelled. It is clarified that not applying for revocation of cancellation of
registration along with the continuance of the conditions specified in clauses
(b) and (c) of sub-section (2) of section 29 of the CGST Act shall be deemed to
be a deficiency within the meaning of sub-rule (2) of rule 9 of the CGST Rules.
·
The proper officer may
compare the information pertaining to earlier registrations with the information
contained in the present application, the grounds on which the earlier
registration(s) were cancelled and the current status of the statutory
violations for which the earlier registration(s) were cancelled. The data may
be verified on common portal by fetching the details of registration taken on
the PAN mentioned in the new application vis-a-vis cancellation of registration
obtained on same PAN.
·
The information regarding
the status of other registrations granted on the same PAN is displayed on the common
portal to both the applicant and the proper officer. Further, if required,
information submitted by applicant in S. No. 21 of FORM GST REG-01 regarding
details of proprietor, all partner/Karta/Managing Directors and whole time
Director/Members of Managing Committee of Associations/Board of Trustees etc.
may be analysed vis-Ã -vis any cancelled registration having same details.
·
While considering the
application for registration, the proper officer shall ascertain if the earlier
registration was cancelled on account of violation of the provisions of clauses
(b) and (c) of sub-section (2) of section 29 of the CGST Act and whether the
applicant has applied for revocation of cancellation of registration. If proper
officer finds that application for revocation of cancellation of registration
has not been filed and the conditions specified in clauses (b) and (c) of
sub-section (2) of section 29 of the CGST Act are still continuing, then, the
same may be considered as a ground for rejection of application for registration
in terms of sub-rule (2) read with sub-rule (4) of rule 9 of CGST Rules.
Therefore, it is advised that where the applicant fails to furnish sufficient
convincing justification or the proper officer is not satisfied with the
clarification, information or documents furnished, then, his application for
fresh registration may be considered for rejection.
It is requested that
suitable trade notices may be issued to publicise the contents of these
instructions.
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VERIFICATION OF CASH DEPOSITS/WITHDRAWALS BY STRUCK-OFF
COMPANIES-CBDT INSTRUCTION
Lately, the Registrar of
Companies (RoCs), all over the country, took action against a number of
companies under section 248(5) of the Companies Act, 2013 by removing their
names from the Register of Companies. The CBDT, in order to check possible
misuse of such companies for money-laundering activities, has asked all the Pr.
Chief-Commissioners of Income for getting the verification of suspicious transactions
in case of struck-off companies done. The CBDT has sought verification of the
deposits/withdrawals from the bank accounts of such companies during the
process of striking down and just before that especially during the period of
demonetisation. It has been advised that the information regarding the
struck-off companies may be taken from the website of the Ministry of Corporate
Affairs. It has been further advised that for the ease of the work, the details
regarding bank-account(s) of a particular company may be compiled on the basis
of information contained in the Income-tax returns. Thereafter, verification
from bank(s) may be made under provisions of section 133(6) of the Income-tax
Act, 1961. The CBDT has advised that in cases where unusual transactions and
beneficiaries thereof are deteced, appropriate action may be taken as per
provisions of the Income-tax Act after seeking restoration of the struck off
company by filing an appeal before the National Company Law Tribunal (NCLT).
The Board has stressed a time bound exercise for the verification of already
struck off companies and positive results to be intimated to the Board. It has
been also stated that in future, the process of verification may continue to be
used to monitor indulgence of companies in money-laundering activities which
are proposed to be struck -off by the RoC. The CBDT has instructed that on
detection of suspicious transactions in a particular company, it may be bring
to the notice of the concerned RoC within one month during which objections can
be filed against the proposal to strike-off a company.
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TERROR FINANCING: ED SLAPS RS 15 LAKH PENALTY, CONFISCATES RS
7 LAKH HAWALA MONEY
The ED said Friday that it
has imposed a penalty of Rs 15 lakh on three alleged terrorist organisation
operatives and has confiscated cash worth Rs 7 lakh in a 17-year-old terror
funding case linked to the banned outfit Lashkar-e-Toiba (LeT). The FEMA
Adjudicating Authority imposed a penalty of Rs 5 lakh on Mir, Rs 7 lakh on
Bengani and Rs 3 lakh on Singh and also ordered for the confiscation of seized
cash of Rs 7 lakhs under an order of March 27, it said.
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DELHI ELECTION BODY RECEIVED COMPLAINTS AGAINST AAP GOVT
DEPTS, MCDS OVER POLL CODE VIOLATION
The Delhi poll body has
received several complaints about the AAP government departments and BJP-ruled
MCDs starting work on projects before the model code of conduct came into force
but seeking formal approvals later, an official said. The office of Chief
Electoral Officer (CEO) has shot off a letter to head of departments, saying
the projects that actually started on the ground after obtaining all necessary
permission, before the poll code came into force, can be continued. The model
code of conduct (mcc) came into force on March 10 when the Election Commission
of India (ECI) announced the dates for the Lok Sabha elections, which will be
held in seven phases starting April 11. According to the letter, the CEO office
has received various complaints and references from the ECI, public
representatives about formal approvals being given to those projects after the
model code of conduct came into force, but their ground work started before the
announcement of dates of Lok Sabha polls. It is also mentioned in some cases
that in order to avoid MCC compliance, the new works have been started before
March 10, 2019, however, their formal approvals etc. have been taken
subsequently after the MCC has come into force, stated the letter. The CEO
office had on Thursday said over 2.25 lakh banners have been removed from
across Delhi while 74 FIRs and complaints have been filed in connection with
poll code violation. Of the 74 FIRs and daily diary entries lodged, nine are
against the AAP (six FIRs, three DD entries), six against the BJP (four FIRs,
two DD entries), one against the Congress (one DD entry), one against the BSP
and 57 are under the head of others/non-political.
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FINANCE COMMISSION CHIEF MAKES CASE FOR INSTITUTIONAL
MECHANISM TO CHECK FISCAL DEFICIT
Finance Commission
Chairman N K Singh Thursday made a case for setting up a fiscal council as an
institutional mechanism to monitor fiscal consolidation roadmap of the Centre
and state governments. He also said fiscal federalism is a dynamic process and
'a Work in Motion'. Singh was speaking at the launch of the book 'Indian Fiscal
Federalism' written by Y V Reddy, who had served as RBI Governor as well as
Finance Commission Chairman. Referring to a suggestion in the book, Singh said
he too agrees that there should be some mechanism to ensure that basic spirit
of devolution process is not undercut by clever financial engineering or taking
recourse to traditions that makes it technical and legally tenable but perhaps
morally not so. Emphasising that rules of the game should be same for both the
Centre as well as the states with regard to borrowings, Singh said, for state
government liabilities, Article 293 (3) provides a constitutional check over
borrowings. But there are no such restriction on the Centre. I feel that it is
time we have an alternative institutional mechanism like fiscal council to
enforce fiscal rules and keep a check on the centre's fiscal consolidation, he
said. Singh, who had also served as revenue secretary in the finance ministry,
agreed with the suggestion in the book that the Finance Commission as envisaged
in the Constitution does not prohibit its continuous functioning except that it
has to be re-constituted before the tenure ends every five years.
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INTERACTION ON TRADE AND ECONOMIC COOPERATION WITH AMBASSADORS
European and Oceania
countries are major trading partners and major sources of investments for India
and there is huge untapped potential that can be achieved India has made
efforts in the recent past to take economic ties to the next level and have
some sort of broad based comprehensive trade agreement. There is a need to take
these efforts to a logical conclusion. Anup Wadhawan said like most trade
negotiations between developing and developed countries, trade negotiations
with EU and Oceania have been protracted. India is a developing country and EU
and Oceania countries are predominantly developed and because of this our
ambitions, aspirations and sensitivities are at divergence in some specific
areas. He expressed the hope that India, European Union and Oceania countries
will be able to overcome those issues and in the near future come to an
understanding and reach some sort of formal agreement. It is important to
remain engaged at every level - government, export and trade and investment
related institutions, exporters and businesses to understand the opportunities
available in India, EU and Oceania for business, exporters and importers, Dr.
Wadhawan added. He also emphasized on the need to appreciate each other’s
constraints and try to find a way forward which is doable for all stakeholders.
Bilateral trade between India and Europe crossed the USD 150 billion mark in
2011-12. Global slowdown and commodity price fluctuations adversely impacted
the trade, but there are signs of recovery in the recent period. During
2017-18, India’s trade with Europe stood at USD 130.1 billion, with both
exports and imports registering double digit growth. India is the fifth largest
export market for Australia, with coal, education –related travel, vegetable
and gold being some of the major items of imports by India. Major exports from
India to Australia include refined petroleum, business services and
pharmaceuticals. New Zealand is also an important market for India in the
Oceania region, especially for its exports of pharmaceuticals, gems and
jewellery, machinery and textiles and apparel. The extent of investment
linkages is evident from the fact that nearly one-fourth of FDI inflows into
India are from Europe and around 29.8 percent of India’s overseas direct
investments and directed towards Europe. Nearly, USD 1034.2 million was
invested by companies from Oceania in the Indian market during April 2000 to
December 2018. The Oceania region also accounts for nearly 1.7 percent of
India’s overseas FDI, with Australia, Fiji, New Zealand and Vanuatu being the
key investment destinations.
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SARADHA CHIT FUND: SC SEEKS REPLY FROM VODAFONE, AIRTEL ON
CBI'S PLEA ALLEGING NON-COOPERATION
The Supreme Court Friday
sought reply form Vodafone and Airtel on a plea by the CBI alleging that they
were not cooperating with the investigation in the Saradha chit fund case. A
bench headed by Chief Justice Ranjan Gogoi listed the agency's plea on April 8
after the mobile service providers denied the allegations. A bench also comprising
Justices Deepak Gupta and Sanjiv Khanna was told by Solicitor General Tushar
Mehta appearing for the CBI that there was complete lawlessness and anarchy in
West Bengal.
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ONLINE FILING OF E-COM APPLICATIONS AND E-IEC FACILITY WILL
REMAIN CLOSE FROM MARCH 31 TO APRIL 1 FOR SOME TIME: DGFT
The Directorate General of
Foreign Trade (DGFT) has notified that the online filing of e-commerce
applications and e-IEC (Import Export Code) facility will remain close on March
31 and April 1, 2019 for some time. The move has been taken to facilitate
financial year ending, said DGFT, the Commerce Ministry's foreign trade arm. It
said, Online Filing of e-com applications & e-iec facility will remain suspended
from 6.00 P.M on March 31, 2019 (Sunday) to 3.00 P.M on April 1, 2019 (Monday)
to facilitate financial year end processing. Inconvenience caused in this
regard is regretted, it added.
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CONGRESS TO GIVE 3-YEAR BLANKET PASS TO NEW VENTURES; ABOLISH
ANGEL TAX: RAHUL GANDHI
Congress President Rahul
Gandhi on Thursday said new ventures will not require any regulatory
permissions for three years and will get easy access to bank credit if his
party is voted to power. He also promised to remove the existing 'angel tax'
imposed on start-ups Angel tax is levied on investment in start-ups. Currently,
angel tax is charged at a maximum rate of 30 per cent. Gandhi said promoting
domestic industry will be a key priority for the Congress and it will ensure
that all new businesses are freed from the clutches of red tape to give a boost
to the economy. For the first three years of setting up a new business, we are
going to free you up from red tape. You will not need to ask for permission for
anything, Gandhi said. Don't bother about anything, there is no permission you
need. Start your business, get to work, he said in a bid to woo the youth who
intend to start their own businesses. Why should only Nirav Modi get thousands
of crores? How many jobs has he created in India? Why can't a youngster who
wants to start a business, who wants to give India 2,000 jobs, get a bank loan,
he asked. Gandhi said the party is putting together a manifesto after several
rounds of discussions with stakeholders and voicing their suggestions in the
party's manifesto.
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EC RAISE CONCERNS OVER ELECTORAL BONDS
India’s new campaign
finance rules allowing anonymous donations have reduced transparency in
political funding, the Election Commission of India said, according to people
familiar with a filing in the country’s top court. The EC — one of the
respondents in a case filed against the new funding rules — said anonymous
donations will have serious repercussions and impact on the transparency of
political funding, the people said, asking not to be identified as the
affidavit is not public. The court is hearing petitions challenging the
introduction of electoral bonds and seeking a ban on cash donations filed by
Association for Democratic Reforms, a non-government organisation. The
commissions statement, seen by Bloomberg, comes weeks ahead of general
elections in which Prime Minister Narendra Modi is seeking a second term. Modi came
to power in 2014 promising a crackdown on corruption. The Election Commission’s
comments and any adverse ruling from the top court may dent the anti-graft
credentials of the ruling Bharatiya Janata Party. The government has claimed
that the changes will cleanse political funding. The move was criticised for
allegedly legalising large anonymous donations that can potentially lead to
businesses and foreign companies gaining influence over the elections that
start on April 11. The Supreme Court is scheduled to hear the case on April 2.
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ARTICLE 35A HAMPERING DEVELOPMENT IN J&K: ARUN JAITLEY
Arun Jaitley Thursday said
Article 35A, which restricts non-permanent residents to buy property in Jammu
and Kashmir, is constitutionally vulnerable and also hampering economic
development of the state. The statement comes amidst the Bharatiya Janata Party
(BJP) pressing for early elections to the state assembly in the state. The
state is under President's rule and the Union Cabinet takes all policy
decisions related to the militancy-hit state. Jaitley said the seven-decade
history of the state of Jammu and Kashmir confronts changing India with several
questions. Was the Nehruvian course, which the state had embarked, a historical
blunder or was it the correct course to follow? Most Indians today believe that
it is the former. Does our policy today have to be guided by that erroneous
vision or an out of box thinking which is in consonance with ground reality? Jaitley
questioned. The senior BJP leader and in-charge of the party's campaign
committee for general elections said Article 35A was surreptitiously included
by a presidential notification in the Constitution in 1954. Artcle 35A, he
said, was neither a part of the original Constitution framed by the Constituent
Assembly, nor did it come as a Constitutional Amendment under Article 368 of
the Constitution which requires an approval by two-third majority of both
Houses of Parliament. It came as a presidential notification and is a
surreptitious executive insertion in the Constitution. Jaitley further said the
Article gives the right to the state government to discriminate between two
state citizens living in the state on the basis of declaring some as permanent residents
while leaving out the others. It also discriminates between permanent residents
of the state and all other Indian citizens living elsewhere, he added. He said
the state does not have adequate financial resources and its ability to raise
more has been crippled by Article 35A. No investor is willing to set up an
industry, hotel, private educational institutions or private hospitals since he
can neither buy land or property nor can his executives do so, he said. Article
35A, which is constitutionally vulnerable, is used as a political shield by
many but it hurt the common citizen of the state the most. It denied them a
booming economy, economic activity and jobs, Jaitley said. Jaitley also
informed that the National Investigation Agency (NIA) has launched a crack-down
on terrorist funding. The Income-tax Department has swung into action after 17
years and discovered several sources of anti-national funding. The CBI is
looking into 80,000 gun licences given in recent years, he added.
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WE HAVE SHOWN COURAGE FOR SURGICAL STRIKES ON LAND, AIR AND
SPACE: MODI
Prime Minister Narendra
Modi on Wednesday launched the BJP's campaign from Uttar Pradesh with a
blistering attack on the opposition while keeping the focus on a strong
government, saying his administration had shown the courage to conduct a
surgical strike in all spheres -- land, sky and space. The contest is between a
decisive government and an indecisive past, Modi said. He said the country's
130 crore people had made up their minds that the NDA would return to power.
India has made up its mind who to vote For proof, see the large number of
people attending this rally, he said amid loud applause from the gathering.
Modi said, It was this chowkidar's government that had the courage to conduct
surgical strikes on land, sky and space. India should develop, India should be
secure from enemies. The country is, for the first time, witnessing a
government that knows how to deliver, he said. Modi told the gathering that he
would give an account of the work done by his government and of what others had
done, or didn't. When I sought your blessings five years ago, I had said I'll
return it with interest and I will present a report card of my work. I also said
I'll seek a report card of what work was done in the 60 years before that, Modi
said.
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VIJAY MALLYA APPEAL MOVES FORWARD AS NIRAV MODI SET FOR UK
COURT HEARING
The stage is set for a
busy period of Indian extradition-related activity in the UK courts as liquor
baron Vijay Mallya's High Court appeal moves forward for a judge's verdict on
paperwork and fugitive diamond merchant Nirav Modi returns to Westminster
Magistrates' Court for a second bail hearing on Friday. All the papers have
been received and are now awaiting allocation to a single judge who will
decide, on the basis of those papers, if permission is given to go to a full
hearing, said a spokesperson for the UK judiciary, in reference to Mallya's
application seeking an appeal against his extradition ordered by the
magistrates' court and then signed off by UK home secretary Sajid Javid last
month. While there is no set timescale for the judge to pronounce a decision on
whether Mallya will be granted an appeal in the UK High Court, a decision is
likely within the next few weeks. The 62-year-old former Kingfisher Airlines
boss, wanted in India on alleged fraud and money laundering charges amounting
to about Rs 9,000 crore, took to social media yet again to claim unfair
treatment in the context of struggling Indian airlines Jet Airways being thrown
a lifeline by public sector banks. There is clear evidence of dispersal and
misapplication of the loan funds and I find a prima facie case that Dr Mallya
was involved in a conspiracy to launder money, she noted. Now, the same judge
is expected to preside over the next major Indian extradition trial to come
before the Westminster Magistrates' Court, that of diamantaire Modi – wanted
for alleged high value and sophisticated fraud and money laundering amounting
to USD 2 billion. He is expected to be produced before the court for a second
bail application hearing on March 29, a court official said. Meanwhile, the
48-year-old has been lodged in HMP Wandsworth prison in south-west London since
last Wednesday, when a judge had declined his request for bail on the grounds
that he posed a flight risk. Describing him as the opposite of a flight risk
during the first bail application hearing last week, Modi's defence team had
offered 500,000 pounds as security and also submitted to any stringent
conditions that may be imposed upon their client. It remains to be seen how
they would further bolster that offer in order to convince the judge to grant
bail during the second hearing, following which the case will proceed to a
series of case management hearings and setting of a trial date. While one
passport is now in possession of the Metropolitan Police, a second expired
passport is lying with the UK Home Office and a third with the UK's Driving and
Vehicle Licensing Authority (DVLA) for a driver's licence. Besides the
passports, Modi also possesses multiple residency cards, some of them expired,
but covering countries such as the UAE, Singapore and Hong Kong. His defence
team tried to establish his very visible and lawful residence at his luxury
Centre Point apartment in London's West End, paying his local council tax and
also using a National Insurance number, allocated to legal UK residents for
purposes of work. The Crown Prosecution Service (CPS), arguing on behalf of the
Indian authorities, had challenged all claims to counter the first bail plea
and pointed out that Modi had deliberately evaded justice and not returned to
India despite a series of criminal summons issued by Indian courts. The CPS
will now be joined by a joint Central Bureau of Investigation (CBI) and
Enforcement Directorate (ED) team that has arrived from India to assist with
Modi's extradition case.
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ED SEEKS CUSTODIAL INTERROGATION OF ROBERT VADRA IN MONEY
LAUNDERING CASE
The Enforcement
Directorate Thursday sought custodial interrogation of Robert Vadra in a money
laundering case. The agency sought the custodial interrogation of Vadra,
brother-in-law of Congress President Rahul Gandhi, before Special Judge Arvind
Kumar. Vadra, facing allegations of money laundering in purchase of a
London-based property at 12, Bryanston Square worth 1.9 million pounds, was
granted interim protection from arrest by a Delhi court till March 27.
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BOMBAY HC SETS ASIDE R VENKATARAMANAN'S DEFAMATION PROCESS
In a reprieve to R
Venkataramanan, managing trustee of Tata Trusts, the Bombay High Court has set
aside the process issued against him by a metropolitan magistrate’s court in a
defamation complaint filed by Shapoorji Pallonji Group. The press note issued
on May 30, 2018 by Venkataramanan was per-se not defamatory, Justice Mridula
Bhatkar observed. I am of the view that the words which are used in the press
note are not at all defamatory, Justice Bhatkar said in her order that was
uploaded late on Wednesday. They are moderate and temperate. They do not invite
contempt, ridicule or hatred against the persons mentioned in the press note
and much less the complainant, she added. In its complaint filed in September,
Shapoorji Pallonji Group had alleged that Venkataramanan had on May 30 issued a
false, frivolous, baseless and defamatory press statement against it On October
11, 2018, the metropolitan magistrate had issued process against Venkataramanan
on the basis that the allegation of the accused in the press statement might
come within the meaning of defamation as per section 499 explanations 2 of Indian
Penal Code. In his petition filed in the high court, Venkataramanan had claimed
that a defamation complaint can only be filed by an aggrieved person and not by
a company.
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CALCUTTA HC STAYS CRIMINAL PROCEEDINGS AGAINST AMIT SHAH
The Calcutta High Court
Thursday stayed criminal proceedings against BJP president Amit Shah in
connection with an FIR that accused him of provoking violence in his speech in
January. Questioning how Shah’s claim that the Mamata Banerjee government in
West Bengal would fall on the day of counting of votes of the 2019 Lok Sabha
elections could possibly incite violence, Justice Jay Sengupta stayed
proceedings against him for four weeks. Shah moved the high court praying for
quashing of the FIR against him, claiming that the charges against him were
frivolous and concocted. During the hearing, the court observed that the real
perpetrators of the violence in Contai in East Midnapore district were not
booked, but the person giving the speech was booked. Staying the criminal
proceedings against Shah at the Sub-Divisional Judicial Magistrate (SDJM) court
in Contai on the basis of the FIR, Justice Sengupta directed that the matter
would appear for hearing again after two weeks. Justice Sengupta had on
Wednesday directed the West Bengal Police to produce the case diary in
connection with the FIR lodged against the BJP president for allegedly making
defamatory and provocative statements.
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‘HE IS JUST A KID’: MAMATA BANERJEE SCOFFS AT RAHUL GANDHI’S
CHARGES
West Bengal Chief Minister
Mamata Banerjee Wednesday dismissed Congress chief Rahul Gandhi’s allegations
against her government, saying he is just a kid. She also refused to comment on
Gandhi’s minimum income promise ahead of the national polls. He (Gandhi) has
said whatever he felt like. I won’t like to make any comment on it. He is just
a kid. What will I say about it? Banerjee said. Launching his party’s Lok Sabha
poll campaign in the state, Gandhi at last week’s rally in Malda charged both
Prime Minister Narendra Modi and the Trinamool Congress chief of failing to
fulfil their promises. He had alleged that nothing has changed in Bengal as
there has been no development in the state under Banerjee. Asked to comment on
Gandhi’s poll promise of minimum income, she said They (Congress) have made an
announcement and it would not be right for us to make a comment on it. Gandhi
had called his party’s announcement as the final assault and a surgical strike
on poverty. The Congress and the Trinamool Congress share a strained relation
in the state after fighting the 2011 polls together and uprooting the
34-year-old Left Front regime. Although the Congress have shared stage with the
TMC at the national level, in Bengal it has maintained a distance with
Banerjee’s party, which was born out of it in 1998. Congress’ state unit has
time and again accused the TMC of trying to politically finish it either by use
of force or by poaching its leaders and elected representatives.
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FROM NEHRU TO RAHUL, GANDHI FAMILY IS LYING FROM PAST FOUR
GENERATION ON POVERTY: NARENDRA MODI
Taking a dig at Congress
party's Nyay scheme, Prime Minister Narendra Modi said Congress known they
can't come to power in this election that's why they are making these false and
unrealistic promises to eradicate poverty. Critisising Gandhi family for making
false promises, Modi said from Jawahar Lal Nehru to now Rahul Gandhi, the
Gandhi family is lying from past four generations on eradicating poverty. Nehru
Ji, Indira Ji, Rajiv Ji, Sonia Ji all promised to eradicate poverty, now Gandhi
family's fifth generation of Rahul Gandhi is also promising to eradicate
poverty, Modi said. On a question over Congress Nyay scheme, Modi said Congress
knows that they are not going to come to power that's why they are making
unrealistc promises that can't be implemented. Congress promised direct benefit
transfer to the farmers, why didn't they do that then, he asked. Modi also said
that BJP and NDA will get even more seats than 2014 polls. He said BJP alone
will get 300+ seats. PM said the mahagathbandhan is more scattered today as
compared to 2014. He said voters have made up their mind as India wants
stability.
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DHANBAD BEST CITY FOR 4G AVAILABILITY IN INDIA, SRINAGAR GRABS
3RD SPOT
While the 4G availability
race has been played out, operators need to focus on continuing to increase
network capacity In terms of 4G availability, Dhanbad in Jharkhand has topped
the list of 50 cities in India, according to London-based wireless coverage
mapping company OpenSignal. Ranchi, capital of Jharkhand, came second after scoring
95 per cent in 4G availability. Srinagar came third with a score of 94.9 per
cent. New Delhi, Mumbai, Bengaluru and Kolkata did not make it to the top 10 in
the list. For the study, Data analytics firm OpenSignal looked at 50 of India's
largest cities and analysed them by their 4G availability, based on a combined
score for all operators that operate a 4G network in those metros. Dhanbad
scored 95.3 per cent in OpenSignal's measurements. OpenSignal's 4G availability
metric is not a measure of coverage or the geographic extent of a network. It
measures what proportion of time users with a 4G device and subscription can
get a network connection, in the places they most commonly visit. So when we
say an operator has a 4G availability score of 95 per cent, that means our LTE
users on that network were connected to 4G services 95 per cent of the time,
Opensignal's Senior Analyst Peter Boyland wrote in a blog post.
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NIRAV MODI POSSIBLY OWNS TWO FLATS, NOT ONE, IN LONDON
SKYSCRAPER
Wanted diamantaire Nirav
Modi will be making his second court appearance in London on Friday when his
lawyers are expected to make a second bail application for him. The 48-year-old
has been languishing in one of Britain's most overcrowded prisons - Wandsworth
prison - since March 20 when he was remanded in custody after his first bail
application was rejected by district judge Marie Mallon despite offering
£500,000 as security and offering to report regularly at his local police
station. On Friday Nirav, who is accused by the government of India of being
involved in the fraudulent issuing of letters of undertaking (LoUs) in respect
of Punjab National Bank worth £1.2 billion, will face a different judge at
Westminster magistrates' court - the chief magistrate, Emma Arbuthnot, who
oversaw the extradition trial of Vijay Mallya. He will arrive in a prison van
and appear in the dock. His barrister is expected to increase his bail security
offer. The CBI and ED have flown over to attend the hearing and meet the UK
legal team representing the government of India in the case. Nirav has been
living in the 2,133-sq-ft three-bedroom luxury apartment 42 on the 29th floor
of Centre Point tower in central London since January 2018. The title deeds,
that apartment 42, which is the address he gave in court, that is also linked
to Diamond Holdings, was sold to a Richard Beattie on January 5, 2018 for
£7,950,000 in cash. The same date, flat 5, also on the 29th floor, was also
sold to Richard Beattie in cash for the same price. Both are registered as care
of a London law firm that provides advice to wealthy individuals.
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INDIA CALLS UNSC TO TAKE UP LACK OF IMPLEMENTATION OF
SANCTIONS
India has asked the United
Nations security council to strongly take up lack of implementations of
sanctions under its 1257 committee even as some countries acting as apologist
for terrorist continue to justify their inaction on the issue of terror. The development
comes in the backdrop of lack of implementation of UN sanctions by Pakistan.
Remember 26/11 mastermind who is on UN terror list, Hafiz Saeed continues to
roam freely in the country despite being on the sanctions list. India's
permanent representative Syed Akbaruddin to UN speaking at the UNSC during
adoption of a resolution on Preventing and Combating the Financing of Terrorism
said, Many Council resolutions, including the various sanctions measures under
the 1267 and 1988 sanctions regimes, where asset freeze is a core part of
states obligations call for regular reporting under these measures. A cursory
look at the publicly available information on the website would reveal that the
implementation reports on these sanctions measures have not been updated for
years and in some cases more than a decade. Adding further, Syed Akbaruddin
said, Non-compliance of crucial sanctions measures in case of UN proscribed
terrorists and entities renders all of us, Member States, at high risk of
facing challenges from these terrorist organizations who are well funded and
armed despite international measures. A report submitted by the UNSC 1267
sanctions monitoring team had on Jan 15, 2019, recommended that committee
members write to member states in this regard. Meanwhile, without taking the
name of Pakistan, Indian Envoy to UN said certain countries will justify
inaction on the issues of terror. He said, the unfortunate reality is that
States who are apologists for terrorists will continue to provide alibis to justify
their actions and inaction too. Pakistan on Wednesday called India to give more
evidence regarding Jaish-e-Mohammad's involvement in the Pulwama terror attack
and said the locations provided by New Delhi in the Pulwama dossier have no
terror camps. India on 27th February had summoned Pakistani deputy high
commissioner Syed Haider Shah and handed over a detailed dossier of JeM's
complicity in the worst terror attack on Indian security personnel in last 2
decades.
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PANEL TO REVIEW EXEMPTIONS TO DETTOL, SAVLON, OTHER
ANTISEPTICS
The Drug Controller
General of India (DCGI) has formed an expert panel to determine whether
over-the-counter (OTC) healthcare products, such as Dettol and Savlon, will continue
to enjoy exemptions under antiseptics and disinfectants. Under clause 12,
schedule K of the Drugs and Cosmetics Rules, substances intended to be used for
destruction of vermin or insects, which cause disease in human beings or
animals, like insecticides and disinfectants can be stocked, exhibited and sold
without a licence. At present Dettol, Savlon and other similar products fall
under clause 12, schedule K of Drugs and Cosmetics Rules and, hence, no sale
licence is applicable. However, the matter has been referred to a subcommittee
for examination. The experts will also see if these products can be considered
under the OTC category, or no-prescription products, and will clarify on the
existing exemption to these products from the sale licence, said a senior
government official, requesting anonymity.
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‘COME WITH A PLAN’ TO TAKE ON CLIMATE CHANGE, SAYS UN CHIEF
UN chief Antonio Guterres
has told world leaders to come up with concrete, realistic plans to boost
climate action as greenhouse gas concentrations are driving global temperatures
towards increasingly dangerous levels impacting millions of people.
Secretary-General Guterres reiterated his call for action, underlining that the
alarming conclusion of the report that climate change is accelerating, proves
what we have been saying: climate change is moving faster than our efforts to
address it. The UN chief said he has convened the ‘Climate Action Summit’ on
September 23 and he is telling leaders, In September, please do not come with a
speech; come with a plan. He said he is calling on leaders to come with
concrete, realistic plans to put nations on a sustainable path once and for
all. These plans must show how to enhance nationally determined contributions
by 2020, he said. The report states that physical signs and socio-economic
impacts of climate change are accelerating as record greenhouse gas
concentrations drive global temperatures towards increasingly dangerous levels.
It notes that 2018 was the fourth warmest year on record and 2015-2018 were the
four warmest years on record as the long-term warming trend continues. Ocean
heat content is also at a record high and global mean sea level continues to
rise, while Arctic and Antarctic sea-ice extent is well below average. Average
global temperature reached approximately 1 degrees C above pre-industrial
levels and nations are not on track to meet climate change targets and rein in
temperature increases, the report said. 2018 saw new records for ocean heat
content in the upper 700 metres (data record started in 1955) and upper 2000
metres (data record started in 2005), topping the previous record set in 2017.
More than 90 per cent of the energy trapped by greenhouse gases goes into the
oceans and ocean heat content provides a direct measure of this energy
accumulation in the upper layers of the ocean, the report added. Further, it
said sea level continues to rise at an accelerated rate. Global Mean Sea Level
(GMSL) for 2018 was around 3.7 millimetres higher than in 2017 and the highest
on record, it said.
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MONSANTO ORDERED TO PAY $80 MN IN COMPENSATION TO CANCER
PATIENT
Monsanto has been ordered
to pay some $80 million to an American retiree who blames his cancer on the
agribusiness giant's weedkiller Roundup, in a case that could influence the
outcome of thousands more like it A San Francisco jury Wednesday found the
firm, which is owned by Bayer, had been negligent by not using reasonable care
to warn of the risks of its product, ordering it to pay Edwin Hardeman $75
million in punitive damages, a little over $5 million in compensation and
$200,000 for medical expenses. It was the second stinging legal verdict for
Monsanto in recent months after it lost a case to a California school
groundskeeper suffering from terminal non-Hodgkin's lymphoma and was ordered to
pay out tens of millions of dollars. The jury also found that Roundup's design
was defective and that the product lacked sufficient warnings of potential
risk. The same jury had previously found in an earlier part of the trial that a
quarter century exposure to Roundup, whose principal ingredient is
controversial chemical glyphosate, was a substantial factor in giving the 70-year-old
Hardeman non-Hodgkin's lymphoma. The decision also marks a major setback for
Bayer, which purchased Monsanto in June 2018 for $63 billion. In Frankfurt
Thursday, Bayer's share price fell 1.14 per cent to 55.69 euros by 0830 GMT --
extending losses as Bayer has seen its market value shrink by 46 per cent since
it bought Monsanto. We are disappointed with the jury's decision, but this
verdict does not change the weight of over four decades of extensive science
and the conclusions of regulators worldwide that support the safety of our
glyphosate-based herbicides and that they are not carcinogenic, Bayer said in a
statement.
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GSP: INDIA TO ASK US TO DELAY REMOVAL OF DUTY BENEFITS
India will likely ask the
US to delay by two months the implementation of the latter’s recent decision to
withdraw duty benefits on annual Indian exports of $5.6 billion from May under
the so-called Generalized System of Preferences (GSP), a source told. New Delhi
could seek more time to firm up a final offer for Washington under a trade
package. The package has been being negotiated for months now, as policymakers
are busy campaigning for the general election at this juncture. The commerce
ministry could write to the US Trade Representative to delay the withdrawal of
the GSP benefits so that negotiations for a mutually-acceptable trade package
can continue unhindered, said the source. The US has indicated that it could
review its decision on the GSP benefit withdrawal if India commits more to
address American concerns, according to recent media reports from Washington.
It had been using the GSP benefits as a leverage to extract greater market
access, among others, from New Delhi under the trade package. Prior to the US move
on the GSP this month, as part of its offer for the trade package, India had
proposed to replace its extant price cap regime for coronary stents with a
trade margin policy to ease concerns of American manufacturers like Abbott
Laboratories and Boston Scientific Corp. As for the US demand to scrap/cut
tariff on ICT products, including mobile phones costing over Rs 10,000, New
Delhi had conveyed to Washington that any such across-the-board cut would help
only third parties (like China and Korea) and was willing to lower duties on
those products where it would benefit the US. India had also offered to
simplify certain certification procedures for dairy imports from the US.
However, Washington remained unimpressed and chose to announce the abolition of
the GSP benefits in 60 days. For its part, hoping for a trade deal, India has
delayed, time and again, the imposition of retaliatory tariff worth close to
$235 million on 29 American products, in response to the Trump administration’s
extra levy on supplies of steel and aluminium. India’s offer to the US on the
trade margin policy for coronary stents was similar to the one notified by it
recently for 42 cancer drugs.
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INDIA'S GOODS, SERVICES EXPORT TO TOUCH ABOUT $540 BN THIS
FISCAL: COMMERCE MINISTER SURESH PRABHU
India's merchandise and
services export would touch USD 540-billion mark this fiscal, Commerce Minister
Suresh Prabhu said Thursday. He said exports are growing at a healthy pace and
shipments of goods would reach over USD 330 billion. Similarly, services
exports would touch about USD 200 billion, according to Prabhu. In total, both
merchandise and services exports put together will reach about USD 540 billion
by the end of this fiscal, the minister said in New Delhi at a function. During
April-February 2018-19, the goods exports grew by 8.85 per cent to USD 298.47
billion. We are really keen to have this FTA with EU. India will work to find a
workable deal, he said.
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PAKISTAN CONTINUES TO BE IN DENIAL OVER PULWAMA TERROR ATTACK
India on Thursday
expressed disappointment at Pakistan dismissing a dossier it had handed over to
Islamabad to aid investigation into the 14 February Pulwama attack as merely
based on social media content. Reacting to comments from Pakistan on Thursday
that India had not given concrete evidence of the involvement of groups in
Pakistan to the Pulwama attack, Indian foreign ministry spokesman Raveesh Kumar
said: Regrettably, Pakistan continues to be in denial and even refuses to
acknowledge Pulwama as a terror attack. It has not shared details of credible
action, if any, taken by it against terrorists or terrorist organizations based
in territories under its control. India is disappointed at Pakistan’s response
to our detailed dossier on the Jaish-e-Mohammed's (JeM) complicity in the
cross-border terror attack in Pulwama, the presence of its terror camps and
leadership in Pakistan, he said referring to the JeM that had claimed
responsibility for the attack that stoked tensions between India and Pakistan.
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US ECONOMY SHIFTS INTO LOW GEAR AS FISCAL BOOST WANES
The US economy slowed more
than initially thought in the fourth quarter, keeping growth in 2018 below the
Trump administration's 3 per cent target, and corporate profits fell by the
most in a year after a one-off boost from lower taxes. The economy is losing
momentum as stimulus from the White House's $1.5 trillion in tax cuts and a
government spending blitz diminishes. It is also facing headwinds from slowing
global growth, Washington's trade war with China and uncertainty over Britain's
departure from the European Union. The darkening clouds over the economy
contributed to the Federal Reserve's decision last week to bring its three-year
campaign to tighten monetary policy to an abrupt end. The US central bank
abandoned projections for any interest rate hikes this year after increasing
borrowing costs four times in 2018. The trend in quarterly growth is clearly on
the wane, said Curt Long, Chief Economist at the National Association of
Federally-Insured Credit Unions. The strength of the labour market should be
enough to postpone a recession for at least this year, but the margins are
getting smaller, and it would not take much to tilt growth into negative
territory. Gross domestic product increased at a 2.2 per cent annualised rate,
the Commerce Department said in its third reading of fourth-quarter GDP growth
on Thursday. That was down from the 2.6 per cent pace estimated in February.
The economy expanded at a 3.4 per cent pace in the third quarter. For all of
2018, the economy grew 2.9 per cent as previously reported. Annual growth still
missed the White House's 3 per cent target despite the massive fiscal stimulus.
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JAPAN EXTENDS STATE-BACKED INSURANCE FOR IRAN OIL IMPORTS:
GOVT OFFICIAL
Japan has extended
state-backed insurance to cover imports of oil from Iran, potentially allowing
the country's refiners to continue loading crude cargoes from the Middle
Eastern nation, a government official told. The rollover of the insurance was
approved by parliament on Wednesday and takes effect from April for one year,
the official said. While the rollover provides insurance cover for imports that
Japanese shippers cannot otherwise obtain, refiners are unlikely to load
Iranian cargoes from April unless they get a waiver from the United States on sanctions
re-imposed on Iran last year. Japanese refiners have been pushing the
government to seek an extension of the U.S. sanctions waivers after an initial
180-day exemption period expires in early May.
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TAX COMPLIANCE UNDER GST 15 PER CENT HIGHER THAN VAT, 1.5 LAKH
NEW TAXPAYERS BEING ADDED EVERY DAY
Tax compliance under NDA
government’s flagship tax reform Goods and Services Tax (GST) is 15 per cent
higher than the previous tax regime despite having more registered tax filers. It
needs to be noted that the compliance rate of GST is about 15 per cent better
than the compliance under VAT and service tax Also 100 per cent filing does not
take place anywhere in the world, said Prakash Kumar. Kumar noted that it
recently surpassed the one crore tax filers mark and that presently around
1-1.5 lakh new taxpayers are being added every day. An average of 28 to 30
crore invoices are uploaded in the system every month. There are all
business-to-business invoices. Every day around 20-22 lakh e-way bills are
generated between Monday and Saturday, he added. Also in January, collections
under GST crossed the Rs 1 lakh crore mark. This was the third time since the
introduction of the new indirect tax regime when indirect tax mobilisation
exceeded Rs 1 lakh crore. The Ministry of Finance said that the increase had
been achieved despite various tax relief measures implemented by the GST
Council to lower the tax burden on the consumer.
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CONDUCTING MARATHON BY TRUST NOT A CHARITABLE ACTIVITY: GST
AAR
The Authority for Advance
Ruling (AAR), Tamil Nadu has held that conducting marathon by a Charitable
Trust would be subject to GST as the same do not constitute a ‘charitable
activity’. The applicant, M/s. Dream Runners Foundation, stated to have engaged
in conducting public charitable activities such as Health care, Rural
development, Women empowerment, Education facility etc, either directly or
through various public charitable institutions for the common good of the
general public of and in India, irrespective of caste, religion, creed, gender
and without any motive for profit. They sought for an Advance ruling on whether
the conduct of marathon events by the Trust through which donations are raised
for charity is an exempted service under GST? The applicant further claimed
that when the Trust is approved under Sec 12AA of the Income Tax Act 1961 means
that the service of the Trust is charitable in nature, it automatically become
a charitable activity that is exempted under GST. The authority noted that the
Applicant is an entity registered under Section 12AA of Income Tax Act. It was
noted that only those activities of such an entity are exempt from GST which qualify
under the definition of charitable activities given in the notification. This
activity of conduct of Marathon event by the Applicant does not fall under the
definition for Charitable activities mentioned under clause 2 of Notification.
Therefore, though the Applicant is an entity registered under Section 12 AA of
the Income Tax Act and conducts the Marathon events for raising funds for
charitable activities the exemption under Sl.No. 1 of these notification does
not apply to the activity of organizing the marathon by the Applicant, the
authority said. Regarding the registration with GST, the authority observed
that As per Section 22 of CGST/TNGST Act, every supplier shall be liable to be
registered under this Act in the State or Union territory, other than special
category States, from where he makes a taxable supply of goods or services or
both, if his aggregate turnover in a financial year exceeds twenty lakh rupees.
In the instant case, the Applicant’s annual turnover is more than Rs 20 lakhs
and they are providing the taxable supply of organizing marathon events. Hence,
they are liable to register under CGST /TNGST Act.
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BANGLADESH: CRIMINAL CASE TO BE FILED AFTER FIRE THAT KILLED
25
A Bangladeshi housing
official said Friday criminal charges would be filed against the owner of a
building where a fire killed 25 people and which had four upper floors
constructed illegally. Minister for Housing and Public Work S.M. Rezaul Karim
also pledged to take action against officials in his ministry if they were
guilty of wrongdoing associated with allowing the added floors or other
violations. Raising buildings beyond approved design is rampant in Bangladesh,
where the government is seeking fast economic development and the private
sector is expanding. The blaze that burned for several hours Thursday trapped
people inside the building, some shouting for help from windows on upper floors
and the roof. By Friday morning, no smoke was visible at the FR Tower on a busy
avenue in Dhaka’s Banani commercial district. Mostak Ahmed, a deputy
commissioner of Dhaka Metropolitan Police, told The Associated Press on Friday
that the death toll rose to 25 with all but one identified. Based on
information provided by relatives, no one appeared to still be unaccounted for,
he said. Still we are checking, if someone comes to us we will verify, he said.
The fire injured about 70 people, many of them now being treated at Dhaka
Medical College Hospital’s burn unit.
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‘CENTRE SHOULD ADDRESS STATES’ CONCERN ON GST TRANSFERS’
While the Goods and
Services Tax (GST) Council was designed as a federal body between the States
and the Centre, the complaint of the States is that the Centre is taking
advantage of the arrangement and is delaying the dues to be paid to the States
longer than is needed, according to Y.V. Reddy. The GST Council is an
institution built on the cooperation of the Centre and the States in the matter
of taxation, Mr. Reddy said. It is a huge achievement, he added. But, in the
implementation of the GST so far, the States have a feeling that the Centre is
taking advantage of the current arrangement. The Centre is supposed to give
money to the States, but that distribution is taking time and accounts are not
being finalised. There is a feeling that the Centre is trying to keep the money
longer than required. The former RBI Governor also pointed out that the
empirical evidence showed that, while the transfers mandated by the Finance
Commission from the Centre to the States had been to the benefit of the poorer
States, the discretionary spending allowed by the Centre had, in fact, only
been to the benefit of the richer States. Another point is that the Finance
Commission (FC) awards are more in favour of the poorer States, while the
non-FC expenditures actually don’t go to poorer States, they are regressive,
Mr. Reddy said. There is an impression that leaving expenditure to the Centre’s
discretion, instead of the FC, means that they can spend on the backward
States. That is the assumption, but the record so far is the opposite, he
added. The empirical evidence confirms this. The explanation is possibly that
political bargaining is better for the forward States, or their absorption
capacity is better. On the future roles of the FCs and the NITI Aayog, Mr.
Reddy said that there was a need for a body such as the FCs to make sure that
there was a stable formula for transfers to the States. There was also a need
for a federal body, which is trusted by both the States and the Centre, that
would provide a forum for the political bargaining that was behind the
allocation of other funds to the States, such as grants in aid. The right way
of going about it is that there should be a political forum and expertise also,
which will arrive at the criteria for such transfers, the former RBI Governor
said. That body should come under the confidence of both the States and the
Centre, and not just identify with the Centre. If the NITI Aayog were to occupy
this role, then the first thing is for it to get the trust of the States. Mr.
Reddy also weighed in on the controversy surrounding the Terms of Reference for
the Fifteenth Finance Commission, saying that the way forward was to use the
latest population data available, and then also factor in other factors that
would reward the efficiency of the States. Population is the easiest and most
quantifiable metric, provided it is the relevant population, he said. It should
be population of the period for which you are giving the award. Definitely the
outdated data is not appropriate. The latest data should be used.
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INCOME TAX DEPARTMENT CARRIES OUT MORE SEARCH ACTIONS IN THE
J&K REGION
Income Tax Department
carried out search actions at 5 premises located in and around Srinagar on 28th
March, 2019. Two groups, which connived with local officials in facilitation of
absorption of undisclosed income of undesirable elements in shops, buildings
and land in Srinagar were searched. It has been found in the search that 76
shops built by Srinagar Development Authority for resettlement of vegetable and
fruit vendors were sold off to influential and cash rich disrupters at a huge
premium. One of the persons searched by the Department is a self-proclaimed
chairman of the Vegetable Vendors Union, Batamaloo. The magnitude and
proportion of black money used in these transactions is startling. It has been
found that four shops on the first floor of the market have been apparently
sold by the self-styled chairman for Rs 1.09 crore to an individual, who paid
Rs 9 lakh in cheque and the balance Rs 1 crore in unaccounted cash. He has
constructed a three-storeyed budget hotel-cum-shopping complex at the New Fruit
Complex, Parimpora, from black money earned by him in transactions of these
shops and other real estate. The second search operation revealed that nearly
86 Kanals of land under unauthorised occupation was sold to locally powerful
persons at a high premium. The transactions have been undertaken either
completely or largely in undisclosed cash. A number of original ‘ikrarnamas’
have been found and seized, that show possession of land being passed on in
exchange of unaccounted receipt of cash. The said tax evader set up a scrap and
plastic crushing unit out of the cash generated in this manner. The investment
in this unit as well as income earned from it has been totally kept out of the
tax net. In the aggregate, the search actions of 28th March, 2019 have
unearthed unaccounted financial transactions of more than Rs 11 crore and
undeclared investment in immoveable property of more than Rs 19 crore in and
around Srinagar. None of the persons covered in the search actions has filed an
income tax return. Criminal prosecution for wilful attempt to evade tax as well
as deliberate non-filing of tax returns would be filed against the tax evaders.
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NIRAV MODI MADE DEATH THREATS TO WITNESSES, UK COURT TOLD
Nirav Modi should not be
granted bail because he posed a significant flight risk and had even issued
death threats to witnesses related to his fraud and money laundering case, the
Crown Prosecution Service (CPS) told a UK court as the fugitive diamantaire
appeared for his second bail application hearing in London on Friday. Arguing
on behalf of the Indian government, CPS barrister Toby Cadman told Judge
Arbuthnot that there was a substantial risk that the prime accused in the
Punjab National Bank (PNB) fraud to the amount of between USD 1 and 2 billion,
would flee and attempt to interfere with witnesses and evidence. Given the
nature and seriousness of charges and the resources available to him there will
be an overwhelming desire to flee the jurisdiction and interfere with the
administration of justice, said Cadman. Giving details of Modi's attempt to
interfere with witnesses, the CPS barrister made specific reference to one such
witness, Ashish Lad, who Modi threatened to kill in a phone call and also
offered him an incentive of Rs 2 million to provide a false statement. Nilesh
Mistry and three other witnesses were similarly targeted by Modi and mobile
phones and a server holding material critical to the fraud were destroyed at
request of Modi, raising fears of further destroying of evidence if bail was
granted, the court was told. Due to the nature of his business he has at his
disposal diamonds, gold and pearls, added Cadman. The court was also told about
Modi's attempt to attain citizenship in jurisdictions less likely to be willing
to extradite him to India including Vanuatu in the South Pacific Ocean at the
end of 2017 on the basis of a USD 200,000 investment. However, Vanuatu
citizenship request was declined as a result of the ongoing Indian criminal
investigation. Modi's defence team, led by barrister Clare Motgomery – who was
also the barrister for former Kingfisher Airlines boss Vijay Mallya in his
extradition case - opposed the CPS claims of Modi being a flight risk and
stressed that in fact Modi sees UK as a haven where his case will be fairly
considered. The size and nature of these allegations is not a safe touchstone
by which you can judge if he should be granted bail, said Montgomery, who
claimed a series of underlying issues were behind PNB withdrawing insecure
lending. Judge Arbuthnot said she was getting a sense of deja vu, in reference
to her having ordered the extradition of Mallya in December last year. Do we
know which part of India he [Modi] is being sought in, the judge asked, to try
and establish which jail Modi is likely to be held in. She was told by the CPS
that it would be an extradition to Mumbai and that he may in fact be held in
the same Arthur Road Jail as that prepared for Mallya, to which the judge said
in a light-hearted vein that it could even be the same cell as we know there is
space from the previous video submitted during Mallya extradition trial. In
another throwback to the Mallya trial, Montgomery raised the issue of the state
of the paperwork submitted by the Indian authorities, claiming it made her cry
at one stage. The judge concurred with her and was very firm about proper
indexing of all documents to be submitted to the court in relation to the case.
Cadman assured the court that the point had been conveyed to the Indian
authorities. A three-member joint Central Bureau of Investigation (CBI) and
Enforcement Directorate (ED) team from India was present in court and handed
over a new file of evidence which was review by the judge before the hearing.
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ADDITIONAL EVIDENCE AGAINST NIRAV MODI SUBMITTED IN UK COURT
A new file with additional
evidence against Nirav Modi was submitted in Westminster Magistrates Court on
Friday ahead of the fugitive diamantaire's appearance before a judge here for
his second bail application. The Crown Prosecution Service (CPS), on behalf of
Indian authorities, submitted the additional file of evidence in court It's a
big file with only a few papers, said Chief Magistrate Emma Arbuthnot, on being
handed the file by CPS barrister Toby Cadman. Arbuthnot is the same judge who
had ordered the extradition of former Kingfisher Airlines boss Vijay Mallya
last December. The defence is deliberating over that new file and the judge will
review it before Modi is produced before her for his second bail application
hearing around 12.30 (local time). The
CPS was joined in court by a joint Central Bureau of Investigation (CBI) and
Enforcement Directorate (ED) team that has arrived from India to assist with
the extradition case. Describing him as the opposite of a flight risk during
the first bail application hearing last week, Modi's defence team had offered
500,000 pounds as security and also submitted to any stringent conditions that
may be imposed upon their client. It remains to be seen how they would further
enhance that offer in order to convince the judge to grant bail during the
second hearing, following which the case will proceed to a series of case
management hearings and setting of a trial date. The CPS challenged all claims
to counter the first bail plea and pointed out that Modi had deliberately
evaded justice and not returned to India despite a series of criminal summons
issued by Indian courts.
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RS 67 CR SEIZED DAILY: CASH, DRUGS FLOOD INDIA IN RUN UP TO
2019 POLLS
The 2019 general elections
in India, which kick starts on April 11, is not only turning out to be a bitter
political slugfest but is also awash with hard cash. According to the Election
Commission of India (ECI), it had seized Rs 202 crore worth of currency as of
date since it started publishing daily seizure reports since March 26, 2019. In
effect since the model code of conduct came into force on March 10, law
enforcement agencies functioning under the directions of ECI have seized Rs 11
crore on average every single day across the country. Ever since ECI has been
publishing daily reports, they amount to almost Rs 67 crore a day, The amount
of cash seizures in the run up to 2019 elections is mind boggling since cash
seizures in the entire 2014 general elections amounted to Rs 300 crore. In
effect, a good two weeks before the start of the general elections, ECI
officials and law enforcement agencies have already seized 67 per cent of the
cash during the entire course of the 2014 elections. More than half of all cash
seizures came from just two southern states – Andhra Pradesh and Tamil Nadu.
Both states have been notorious in the past for the influence of cash to induce
voters with Tamil Nadu’s notoriety in this regard buttressed by the infamous
‘Thirumangalam formula’. The 2009 Thirumangalam by-election in Tamil Nadu had
seen one of the biggest cash distributions to voters in envelopes delivered
along with morning newspapers. As of date, Rs 69 crore in cash had been seized
in Andhra Pradesh. In Tamil Nadu, Rs 54 crore has been seized. Other states where significant cash seizures
have taken place include Telangana, Uttar Pradesh and West Bengal where Rs 13
crore, Rs 15 crore and Rs 10 crore have been seized respectively. The amount of
cash seized in West Bengal as of date is already three times the entire cash
seized in the state during the 2014 general elections. It’s not just cash which
is being pumped across India in the 2019 polls. ECI figures suggest that
narcotics worth Rs 163 crore have been seized across India. Not surprisingly,
Punjab accounted for almost Rs 94 crore worth of these narcotic seizures across
India. In the north eastern state o Manipur narcotics worth Rs 24 crore have
been seized while India’s most populous and electorally crucial state Uttar
Pradesh has seen drug seizures worth almost Rs 20 crore. Liquor worth Rs 113
crore has been seized across India with even so called ‘dry states’ like Gujarat
accounting for almost Rs 5 crore worth of alcohol busts. Unlike Gujarat, other
states like Bihar where prohibition was imposed by the Nitish Kumar government
hasn’t seen any liquor seizures till now. In terms of quantity, ECI officials
have managed to get hold of almost all the liquor being distributed to voters
in Maharashtra. As of date, ECI officials have seized cash, drugs, liquor, gold
and other freebies worth Rs 674 crore ever since the model code of conduct came
into force.
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PONZI SCAM: SUPREME COURT SEEKS RESPONSE FROM TELECOM
The Supreme Court on
Friday sought a response from telecom service providers Bharti Airtel Limited
and Vodafone Mobile Services on a CBI plea that they were met with surprisingly
and strangely evasive replies to repeated requests for crucial call data
records in connection with the probe into multi-crore ponzi scam cases,
including the Saradha group scandal. A Bench, led by Chief Justice of India
Ranjan Gogoi, issued notice, returnable by April 8, to the two companies. This
allegation is completely wrong. We have given everything to them, senior
advocate Mukul Rohatgi, for Vodafone, submitted. The CBI said it had been
writing to the two companies for the call records of certain mobile phone
numbers since last year. It specifically wanted to know what was the period for
which the call records were requested by the West Bengal police. Secondly, it
wanted to know the period for which the call records were actually supplied by
the two service providers to the police. The CBI has repeatedly alleged in the
Supreme Court that the West Bengal government-appointed Special Investigation
Team, of which former Kolkata Police Commissioner Rajeev Kumar was the
functional head, had delayed handing over the call records of influential
accused persons by 14 months. The call records, when checked, were found to be
incomplete and tampered. The CBI has filed a contempt of court case against Mr.
Kumar, the West Bengal Chief Secretary and the State’s police chief for
violating an apex court order directing the State police to fully cooperate
with the CBI in the Saradha and other chit fund scam investigation. In its
application, the CBI said it was extremely germane to know what the police had
asked for from the two service providers and what was given to the police by
them. It is extremely germane for adjudicating the contemptuous acts of the
contemnors to ascertain whether the CDRs [call detail records] of the entire
period sought for by the West Bengal police were accordingly provided by the
service providers or whether, despite being in possession of the complete CDRs
for the entire period from 2012 to 2013, the police chose to share only limited
CDRs with the CBI, the application explained. It submitted that till date,
despite communications from the Centre, the service providers have not shared
the information.
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CHHATTISGARH POLICE RAID HOSPITAL RUN BY FORMER CM RAMAN SINGH'S
SON-IN-LAW
Police Thursday raided a
hospital run by Dr Puneet Gupta, son-in-law of former Chhattisgarh Chief
Minister Raman Singh, in a case of alleged financial irregularities during
Gupta's tenure as superintendent of a state-run hospital. Documents related to
the case were recovered during the raid at GBG Kidney Care Hospital in Rajendra
Nagar area in the city, said Raipur Superintendent of Police Arif Sheikh. A
notice was issued to Dr Gupta asking him to appear before police but he did not
appear. We will serve him another notice Friday, the SP said. On March 15, a
case was registered against Dr Gupta for allegedly committing financial
irregularities to the tune of Rs 50 crore when he was superintendent of DKS
Post Graduate Institute and Research Centre, Raipur. Sahare said in the
complaint that a probe committee had found that Gupta allegedly misused his
position and committed a fraud of Rs 50 crore.
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SUPREME COURT UPHOLDS MADRAS HC ORDER ON LIFE SENTENCE TO
SARAVANA BHAVAN OWNER P RAJAGOPAL FOR KILLING EMPLOYEE
The Supreme Court on
Friday upheld the conviction and life imprisonment awarded to Saravana Bhavan
restaurant chain owner P Rajagopal for murdering one of his employees in 2001. The
judgement was announced by a bench headed by Justice NV Ramana. Rajagopal has
been accused of murdering his worker Prince Santhakumar in 2001, as the latter
married the lady whom businessman wanted to tie the knot with. The accused was
convicted and awarded life imprisonment by the Madras High Court. Later in
2009, the top court granted him bail on medical grounds. Rajagopal has been
given time till April 7 to surrender before the court.
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ELECTIONS 'ILLUMINATE' 46,000 GOVERNMENT SCHOOLS IN UTTAR
PRADESH
The 2019 Lok Sabha
elections have literally ‘illuminated’ more than 46,000 government-run schools
in Uttar Pradesh, which hitherto were un-electrified. These schools operated by
the state basic education department have been designated as polling centres by
the Election Commission of India (ECI). However, during a review meeting, it
was found that 46,981 government schools in UP were still not electrified In
fact, of the total 1,63,331 designated polling centres in UP, only about 90,000
centres had proper wired power connection, while the remaining premises owned
by different government departments did not have a dedicated power supply.
Chief Election Commissioner (CEC) Sunil Arora had directed the Yogi Adityanath
government to electrify all such centres before the polling process started. In
pursuant to the ECI directive, the state has now issued directives to provide
electricity connection to these government schools and released more than Rs 32
crore to the power utility UP Power Corporation Limited (UPPCL) for this
purpose. Besides, the state government has allocated nearly Rs 100 crore for
equipping these basic education institutions with fans, lighting and wiring. UPPCL
has been released the funds for the electrification of these schools, UP basic
education director Sarvendra Vikram
Bahadur Singh told adding it would be permanent connections, and that
now all the government schools in the state had the facility of regular power
supply. However, the power connection post elections would be functional only
if the state government ensures regular payment of the power bills, else the
energy department agencies normally snap such connections over non-payment of
dues.
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1984 ANTI-SIKH RIOTS: SIT GETS TWO-MONTH EXTENSION TO COMPLETE
PROBE INTO 186 CASES
The Supreme Court Friday
granted two more months to the Special Investigation Team to complete its probe
into 186 cases of the 1984 anti-Sikh riots. A bench comprising Justices S A
Bobde and S Abdul Nazeer extended the time after the SIT informed it that more
than 50 per cent of the work has been done and it wanted two more months to
complete the investigation. The apex court also issued notice to parties on a
plea by petitioner S Gurlad Singh Kahlon, a member of the Delhi Sikh Gurdwara
Management Committee, seeking inquiry into role of 62 policemen named in the
riots. However, the SIT presently has only two members as Singh had declined to
be a part of the team on personal grounds.
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DECLARATION OF CRIMINAL ANTECEDENTS: SC ISSUES CONTEMPT NOTICE
TO EC, CENTRE OVER VIOLATION OF 2018 ORDER
The Supreme Court on
Friday issued notice to the Centre and the EC on a plea seeking initiation of
contempt proceedings for alleged violation of the apex court’s judgment
directing all candidates to declare their criminal antecedents to the poll
panel before contesting elections. A bench comprising Justices R F Nariman and
Vineet Saran also sought response from the three deputy election commissioners,
law secretary and the cabinet secretary for not complying with its judgment
dated September 25, 2018. The court was hearing a plea filed by lawyer Ashwini
Kumar Upadhyay. It had also said that the ECI did not publish a list of leading
newspapers-news channels nor clarified the timing for declaration of criminal
antecedents by candidates which led to the candidates publishing them in
unpopular newspapers and news channels during odd hours. It (the ECI) had not
published list of leading newspapers-news channels, so candidates published
criminal antecedents in unpopular newspapers-news channels. The ECI has not
clarified the timing of publication, so candidates published criminal history
in odd hours when people don’t watch news channels. Political parties had
neither published the details on website nor in newspapers or news channels
during assembly elections, but the ECI did nothing against them, the plea had
alleged. On March 10, the ECI announced the dates of General Election without
amending the Election Symbol Order & Model Code of Conduct, which is
essential for compliance of Judgment dated 25.9.2018 hence petitioner is filing
the contempt petition, it had said.
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APOLOGISTS FOR TERRORISTS CONTINUE TO JUSTIFY INACTION, SAYS
INDIA AS IT SUPPORTS UN RESOLUTION AGAINST TERROR FINANCING
India has asked the United
Nations security council to strongly take up lack of implementations of
sanctions under its 1257 committee even as some countries acting as apologist
for terrorist continue to justify their inaction on the issue of terror. The
development comes in the backdrop of lack of implementation of UN sanctions by
Pakistan. Remember 26/11 mastermind who is on UN terror list, Hafiz Saeed
continues to roam freely in the country despite being on the sanctions list. India's
permanent representative Syed Akbaruddin to UN speaking at the UNSC during
adoption of a resolution on Preventing and Combating the Financing of Terrorism
said, Many Council resolutions, including the various sanctions measures under
the 1267 and 1988 sanctions regimes, where asset freeze is a core part of
states obligations call for regular reporting under these measures. A cursory
look at the publicly available information on the website would reveal that the
implementation reports on these sanctions measures have not been updated for
years and in some cases more than a decade. Adding further, Syed Akbaruddin
said, Non-compliance of crucial sanctions measures in case of UN proscribed
terrorists and entities renders all of us, Member States, at high risk of
facing challenges from these terrorist organizations who are well funded and armed
despite international measures. A report submitted by the UNSC 1267 sanctions
monitoring team had on Jan 15, 2019, recommended that committee members write
to member states in this regard.
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INDIA'S TRADE MINISTRY PROPOSES DELAYING RETALIATORY TARIFFS
ON US GOODS
India's trade ministry has
proposed that the government delays by a month the imposition of retaliatory
tariffs on some US goods that were due to go into effect from April 1, a trade
ministry spokeswoman told. Indian officials believe India could lose its
preferential treatment in early May. The Indian government has asked the US
administration to review its decision, two government officials with close
knowledge of the matter said. The trade ministry spokeswoman said the
government planned to send a delegation to Washington to address bilateral
trade issues and that the ministry was seeking to hold off imposing retaliatory
tariffs until May. The Ministry of Commerce has requested the Department of
Revenue to extend the deadline for imposition of tariffs on US goods by another
30 days, the spokeswoman said.
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UK REPORT CONFIRMS WARNINGS OF HUAWEI SECURITY RISKS: US
OFFICIAL
A British government
report issued Thursday detailing security risks posed by Chinese firm Huawei
confirms US government warnings of security risks associated with the telecom
giant, according to a US official. The report from a cybersecurity watchdog identified
significant technical issues in Huawei's engineering and warned there is only
limited assurance the risk can be managed. The US official said those findings
support similar American assessments that concluded Huawei's equipment cannot
be made safe from Chinese influence or disruption. Huawei denies that its
equipment could be used to facilitate spying and Chinese authorities have
accused Washington of exaggerating security concerns to limit competition with
Western vendors. US officials didn't expect to find dedicated backdoors,
instead assessing its more likely the Chinese government would use what appear
to be flaws in Huawei's code to gain access, according to the official who
spoke on condition of anonymity. The official added that type of access can be
just as damaging.
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WTO PLANS RULING ON SECURITY IN BLOW TO TRUMP’S STRATEGY
The World Trade
Organisation is set to rule for the first time on a dispute involving a members
national security, challenging a key justification for President Donald Trump's
tariffs and putting the arbiter of international trade conflicts on a collision
course with the US. The WTO will issue a ruling on a case in which Russia
imposed trade restrictions on Ukraine, saying they were necessary in the
interest of national security according to an official with knowledge of the
report who asked not to be named because the process is private. The decision
could still be appealed or settled outside of the WTO. The ruling confirms the
WTO’s authority to determine whether such measures are necessary to protect a
country’s security. The WTO allows countries to take any action which it
considers necessary for the protection of its essential security interests, and
has become a favourite justification for Trump, who last year imposed tariffs
on steel and aluminium imports and has threatened levies on car imports, both
using the national-security rationale. A WTO ruling on the Russia dispute could
force the US to justify why the European Union, Canada, Mexico and a half-dozen
other nations that have filed disputes against Trumps metal tariffs, pose a
security threat. The fact that the panel is actually going to engage in an
inquiry of whether there is basis for these national security measures means
things are looking really bleak for the US, Nicolas Lamp, a former dispute
settlement attorney at the WTO, said. For the US, this finding could confirm
all their worst fears about the WTO. US trade officials say the WTO has no
authority to mediate national security matters and should simply issue a
decision that says the matter is outside of the WTOs remit. WTO
Director-General Roberto Azevedo has gone so far as to warn countries against
taking this dispute to the WTO, arguing that it instead requires conversation
at the highest political level. Many have questioned how genuine the US tariff
justifications were, with some of Americas closest allies those most affected
by the duties, such as the EU, Canada and Mexico. The fact that these tariffs
are a total violation of our WTO obligations I think is pretty much
unequivocal, Jennifer Hillman, a former WTO appellate body member, said in an
interview. That means you are going to have to say that you are in some kind of
war with Canada, Mexico and the EU. I don’t think they are going to say that. The
dispute could pose an existential threat for the WTO, which has long avoided a
politically fraught confrontation over national security disputes for fear that
doing so would open a Pandora’s box of protectionist measures and tit-for-tat
retaliation.
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US, CHINA RESUME TRADE TALKS IN BEIJING AFTER ‘PRODUCTIVE
WORKING DINNER’
US Treasury Secretary
Steven Mnuchin said on Friday he had a productive working dinner the previous
night in Beijing, kicking off a day of talks aimed at resolving the bitter
trade dispute between the world's two largest economies. Mnuchin and US Trade
Representative Robert Lighthizer were in the Chinese capital for the first
face-to-face meetings between the two sides in weeks after missing an initial
end-of-March goal for a summit between US President Donald Trump and Chinese
President Xi Jinping to sign a pact. We had a very productive working dinner
last night, and we are looking forward to meeting today, Mnuchin said as he
left his hotel to meet with Chinese Vice Premier Liu He, who is due to visit
Washington next week to continue the talks. Mnuchin did not elaborate and it
was not immediately clear with whom he had dined on Thursday night. Trump
imposed tariffs on $250 billion of Chinese imports last year in a move to force
China to change the way it does business with the rest of the world and to pry
open more of China's economy to US companies. On Thursday, Chinese Premier Li
Keqiang said Beijing will sharply expand market access for foreign banks and
securities and insurance companies, adding to speculation that China may soon
announce new rules to allow foreign financial firms to increase their presence
at home.
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CHINA SLAMS US CRITICISM OF MUSLIM TREATMENT AS 'ABSURD'
China on Thursday hit back
at criticism from the United States' top diplomat who called its treatment of
Muslims shameful hypocrisy after speaking with a former prisoner from a Chinese
detention camp. Mike Pompeo made the comment after meeting with Mihrigul
Tursun, a member of the Uighur ethnic group who has spoken publicly in the US
about what she said was widespread torture in China's prisons for the minority
group. Beijing claims the camps are vocational training centres that provide
language classes and employment, steering locals away from extremism. Pompeo's
comments are extremely absurd and grossly interfere in China's internal
affairs, said Chinese foreign ministry spokesman Geng Shuang. Currently, the
overall situation in Xinjiang society is stable and all ethnic groups get along
harmoniously, he said. We urge the US to respect the facts and stop the
malicious smearing and groundless accusations against the Chinese side, Geng
added. China must release all those arbitrarily detained and end its
repression, tweeted Pompeo, who had also met with relatives of those detained
in Xinjiang.
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NO CLARITY ON BREXIT AFTER UK MPS REJECT ALL OPTIONS
An indicative vote on a
series of eight alternative Brexit options concluded with no clarity on
Wednesday, as MPs failed to rally behind any single option. None of the options
– which ranged from pushing for a no-deal Brexit, to customs union membership,
to a confirmatory public vote on any withdrawal deal – commanded support from a
majority of MPs. Conservative MP Oliver Letwin, who had led the indicative
process, in which MPs seized control of the parliamentary timetable from the
government, expressed disappointment with the outcome but insisted that the
House ought to go ahead with a second round of votes on Monday. In the
Parliament, MPs were given the task of identifying a route forward on Brexit as
they voted on a series of 8 alternative options, so-called indicative votes,
that ranged from pushing for a hard Brexit on April 12 to making the UK part of
the EU Customs Union to revoking Article 50 if the UK still hasn’t agreed on a
route forward four days before the April 12 deadline. The government on
Wednesday afternoon lost an attempt to stop the indicative votes from taking
place as MPs voted in favour of a business motion enabling the indicative votes
by 331 to 287 votes. 16 different options for indicative votes were originally
tabled by various groups of MPs, eight of which have been selected by the
speaker the Speaker of the House of Commons John Bercow. The MPs were given a
ballot paper with 8 options to select yes or no on and their vote will be made
public. The option that commanded the highest level of support (with 268 in
favour and 295 against) was the option put forward by Labour MP Margaret
Beckett that would require any deal to be subject to a confirmatory public vote
– essentially a second referendum. The second most popular one (264 to 272)
would keep the UK within the EU customs union. One of the bigger surprises of
the evening was the lack of popularity for the idea that has come to be known
as Common Market 2.0 – that would keep Britain in the European Free Trade
Association, and in an effective customs union and single market with the EU
(requiring the UK to keep freedom of movement with the EU). With not all MPs
voting on all the options, however, there is the potential for the numbers on
all sides to change considerably if a shorter list of options were presented to
MPs.bMPs are set to take control of the parliamentary timetable again on Monday
afternoon, which could provide the option for a second round of votes. Letwin
admitted that while the failure of the house to agree on a solution was a very
great disappointment he had predicted this would be the case and harboured the
hope that another vote on Monday would provide more clarity. Quite how the process
will work on Monday – and how the list could be whittled down – remains
undecided for now.
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'GET OUT OF VENEZUELA: TRUMP TELLS RUSSIA
US President Donald Trump
demanded Wednesday that Russia drop support for Venezuela's leader Nicolas
Maduro after Moscow deployed troops and equipment to bolster the hard-left
government Russia has to get out, Trump said at the White House alongside
Fabiana Rosales, wife of opposition leader Juan Guaido, who has been recognized
by the United States and more than 50 other countries as Venezuela's interim
president in place of Maduro. Rosales was given a high-profile reception in the
Trump administration's latest bid to boost Guaido, who is under severe pressure
from Moscow-backed Maduro. On Thursday, she will meet with US First Lady
Melania Trump in Florida. Trump said all options are on the table when asked by
journalists if the United States was considering military action to back up a
major campaign of economic sanctions aimed at crippling the Maduro government's
finances. They've got a lot of pressure right now. They have no money, they
have no oil, they have no nothing. They've got plenty of pressure right now.
They have no electricity, he said.
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Thanks & Regards,
CS Meetesh Shiroya
Thanks & Regards,
CS Meetesh Shiroya