TG
ICAI Releases Background Material on GST
ICAI Releases Background Material on GST
http://220.227.161.86/35717idct25197.rar#sthash.sxYfMPnw.dpuf
citizmat
Dec 21
http://bangalore.citizenmatters.in/articles/4202-the-apartment-law-you-must-know
BS
Dec 6
|
CIC reverses earlier order directing disclosure
of details of investigation into sale of Reliance Petroleum shares in 2007;
petitioner says will ...
|
In the context of RTI Act, the main thrust therein is on
the concept, - “PUBLIC”.
“THE PEOPLE” is the concept given the predominant
importance / primacy or pride of place under the nation’s basic charter, “THE
CONSTITUTION”. By and large, the term connotes the collective body or class of
persons; comprising every “person”. That indisputably includes,
besides a natural person, being an ’individual’, so many others so recognised
by the several laws of the Union or States., e.g. - a body of individuals, a firm, body incorporate, so
on. It is the word “PUBLIC”, that is used as a prefix
in the term “ PUBLIC INTEREST” commonly and widely summoned to aid for several
purposes. In particular, in the context of invoking and seeking remedy in the
name of “human rights”, compendiously referred to as “Fundamental Rights” , that
has to be construed, conceivably, to have the same meaning as aforesaid.
Proceeding on that premise, for understanding in a proper
and meaningful perspective, in one’s conviction, both the ideals of “PUBLIC
INTEREST” and ”FUNDAMENTAL RIGHTS” as enshrined in the Constitution, it needs
to be recognised, are intricately inseparable , inter-twined (-linked), so much
so talking of one de hors the other can only result in being caught in quagmire (a sort of vicious
circle).
As stressed in well read and impartial legal circles, in
effect, it is senseless or unholy, being tantamount to an absurdity, if ere to talk
and invoke only a “fundamental right”, without realizing the emphasis/stress required to be placed in no less measure
also on the
“Directive Principles and Fundamental Duties” ,envisaged and guaranteed by
the Constitution as a bundle or package, not in isolation/bits and pieces.
That the idea of PIL has its own merits and demerits may
be found elaborated lucidly in any number of material / resources available in
public domain.
Last but not least, some of the recently published
write- ups in the media , soon after the passing away of former CJ, V R Krishna
Iyer, make for an impressive read.
For sampling:
.....He
was an MLA, Minister and a Judge in Kerala before being elevated to
the apex court in 1973. Iyer put citizens at the centre of his focus and
was a living legend for his knowledge of law that prompted former Chief Justice of
India A.S. Anand to refer to him as 'Bhisma Pithamah' of Indian judiciary.
He retired from the apex court in 1980.
Iyer had
interpreted the guarantees given by the Constitution like Article 21(the right
to life and personal liberty) for a new age and fashioned new insruments to
deliver justice. His judicial remedies were sought through the
instrumentalities of public interest litigation and broader concepts of locus
standi. As a social activist, he championed several causes for the welfare
of the people. Iyer's approach to burning issues once prompted emiment
jurist Fali S Nariman to say, "when Krishna Iyer speaks, the nation
listens".....
Needless to suffix, one and all fervently concerned, mainly the judiciary, will do well to take guidance from the laudable trend set by him through his judgments, a long line of them.
BL
Nov 29
Bad enactment, no enforcement
Dharmalingam Chandran Law Officer (Retd.) Central
Public Undertaking of India
........If
the RTI Act is heading for the tether end of dilution we witness today, the
speed with which the law was enacted could not match the speed with which
attempts are being made to scuttle appointing enough number of commissioners
and staff members to state/Central Information commissions to cope with the
piling of RTI appeals. The growing tendency of public authorities not to
respond to RTI applications is reflective of this mindset.
>>
>>
"These
days, almost everyone FORGOT the broader corruption issues and I thank the
author for writing this article to remind everyone about this issue.” Palanisamy
(USA)
> If carefully/mindfully looked at, in the write-up is covered, not a disease selected or identity-fied (-fiable) any individual (s) afflicted with, so that could be sanely expected to be cured even by the top most doctor worth his salt across the globe, -not just in India. To be precise and in brief, it has remained to be realized, this is one of those potentially incurables, to eternity. In short, a case of feigned loss of memory/ failed 'human' conscience - to name a few, selective amnesia, remaining in the chosen abode of ICU for ages , a sort of self-imposed or wantonly invited coma , In hindsight, as is often thought /reflected remorsefully , it is the CREATOR who has made a fatal mistake (or, in HIS SUBLIME WISDOM chose it to be so) in not sending to the mother earth every child with DOD writ large on the forehead- call it “ taqdir” or whatever ?
> If carefully/mindfully looked at, in the write-up is covered, not a disease selected or identity-fied (-fiable) any individual (s) afflicted with, so that could be sanely expected to be cured even by the top most doctor worth his salt across the globe, -not just in India. To be precise and in brief, it has remained to be realized, this is one of those potentially incurables, to eternity. In short, a case of feigned loss of memory/ failed 'human' conscience - to name a few, selective amnesia, remaining in the chosen abode of ICU for ages , a sort of self-imposed or wantonly invited coma , In hindsight, as is often thought /reflected remorsefully , it is the CREATOR who has made a fatal mistake (or, in HIS SUBLIME WISDOM chose it to be so) in not sending to the mother earth every child with DOD writ large on the forehead- call it “ taqdir” or whatever ?
>>>>>>>
Nov 25
BL
Recent Article in Banking
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< PMO forces DoT to rethink strategy on broadband project
Nov 19
BL
Sec 80C
Now, bank term deposits of up to ₹1.5 lakh eligible for breaks
As commonly and widely understood , deposit made and
accepted by banks of the increased sum of Rs 1.5 lacs , any time during the
current fiscal , should entitle Sec 80 C relief. Hence, the cryptic statement ,
- "The new notification is effective from November 13" seemingly makes
no sense or can have any tax significance.. The writers need to clarify
forthwith through a reply hereto.
REFER >
IT ACT :
REFER >
IT ACT :
9980C. 1(1) In computing the total income of an
assessee, being an individual or a Hindu undivided family, there shall be
deducted, in accordance with and subject to the provisions of this section, the
whole of the amount paid or deposited in the previous year, being the aggregate
of the sums referred to in sub-section (2), as does not exceed 1a[one lakh rupees].
1a. Words “one hundred and fifty thousand rupees” shall
be substituted for “one lakh rupees” by the Finance (No. 2) Act, 2014, w.e.f. 1-4-2015.
< http://www.thehindubusinessline.com/topics/?categoryId=52640
Why investors don’t bank on tax-saving deposits
Tax saving deposits must be made more attractive, say banks
TOPICS
BS
Ranbaxy drags US FDA to court
Shell wins transfer-pricing tax dispute in Bombay HC> |
Bharat Bhushan: The pitfalls of being Modi
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< Calling it a tax on foreign direct investment, Shell India moved the Bombay High Court in April last year. The court rejected the tax department’s argument that the Shell case was distinguishable from Vodafone’s case, which won a similar reprieve in October. “The Shell India case is significant. It follows the earlier Vodafone judgment — the principle being that issuance of shares by an Indian company to its foreign parent is not exigible to transfer-pricing provisions, as there is no income arising therefrom,” said Mukesh Butani, managing partner of BMR Legal, which represented Shell India. The Bombay High Court judges, M S Sanklecha and S C Gupte, set aside the tax department’s order over jurisdiction and did not get into the valuation of the shares. |
Nov 18
TOI
www.pressreader.com/india/the-times-of-india-new-delhi-edition/textview
Globalising Indian management thought
A world conference at IIM-K deliberates on how an Indian way of doing things can make it to global management lexicons »
Amarendu Nandy
The disclosure of the names of Indians who have stashed
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‘India is a juggernaut ready to roll’
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ICL
Some of the points
requiring to be summoned and drawn a
pointed attention to:
- As per the law on contracts, as viewed by one, the essential criteria for a document to be regarded an enforceable ‘contract agreement’, are- an offer, acceptance and for a consideration. Accordingly, it could be validly urged, the subject MOU does constitute an enforceable contract agreement.
- On the aspect of lack of clarity or ‘perfect ambiguity’ et al, discussed wrt the cited cases, -the glaring deficiencies in, because of mainly inept drafting even of, statutory provisions, have increasingly become almost the order of the day. That explains why courts are compelled to invoke , and call to aid, even at the cost of doing violence to the ‘letter’ of the law, unlike before, more frequently, the principles/ rules of interpretation of ‘law’ cryptically referred to as, - ‘history of legislation’, ‘contextual meaning’, and its lately modified/expanded form - ‘updating construction’. For an illustrative instance, the SC judgment in the tax case of Podar Cement Ltd., may be looked into.
- Turning to deficiencies in agreements between parties, as is commonly grieved justifiably so, hence litigated, ambiguity or perfect ambiguity often come across is attributable to the growing commercialization of the law profession, as evidenced by deliberate omissions or commissions in drafting of the documents , alluded to as one sided agreements, and the like. To top it all, one is provoked to the not infrequently indulged in, in recent times, of what has come to be infamously known as “agreement to agree” or “Entire agreement clauses “ – as discussed in INDIAN CORPORATE LAW: Agreements to Agree and myLaw: Entire agreement clauses.
It is now left only to the judiciary, and, in the hands of
the judiciary alone, to, in its wisdom, seriously
take a conscious note of such and similar obnoxious modern developments, in
adjudicating any dispute of the kind, on a case to case basis.
As regards granting relief in reference to any agreement , may have to do so, -by virtue
of the drastically changed scenario,- more by relying on the common law principles of, -
natural justice, equity, good conscience , so on, than and in preference to,
the ‘letter’ of the law (even if be in particular relation to
the extant text of the document). For, after all, the judiciary is expected to
not only ensure that justice is done, but also that could be seen to have been
done.
(on merger)
Delaware Court Ruling on Deal Conditions in the Apollo-Cooper Merger
selected:
indiacorplaw.blogspot.com/2012/12/contract-drafting-indian-style.html
Dec 14, 2012 - The examples he cites include
“unless repugnant to the context or meaning ... vswami said... Reproduce
below, what i wrote in the article, INVESTOR PROTECTION - A MYTH? ...
deed), just as in any other contract agreement, in the initial
paragraphs, are set out the ... Subscribe to: Post Comments
(Atom) ...
indiacorplaw.blogspot.com/.../bombay-high-court-pronounces-on-fdi.ht...
May 29, 2015 - vswami said. ... of legal drafting
of private contract agreements, between two parties, ... Apart from the
largely noted deficiency in drafting, another root ... on a transaction
intended to be covered in any such agreement . .... Post a Comment
.... Agreements and Takeover Regulations · Consilience 2015: Net ...
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