Wednesday, 27 April 2016

Beyond Governor’s brief: SC

With the Supreme Court deciding on Wednesday to maintain status quo and not implement the Uttarakhand High Court’s judgment of April 21, the floor test ordered by the HC on April 29 will not take place. During the hearing, the Bench questioned Governor K.K. Paul’s authority to seek video and audio recordings of the March 18 Assembly proceedings on the passing of the Money Bill.
“Is it within the Governor’s jurisdiction to ask for division of votes on the Money Bill and for video and audio of the Assembly proceedings? The Speaker is the master of the House, and is it not his prerogative to decide whether there should be video or audio recording of the proceedings of the House,” the Bench asked the Centre.
Attorney-General Mukul Rohatgi submitted that the Speaker had refused a division of votes on the Money Bill despite a request from the “majority” 35 MLAs (26 BJP MLAs and nine Congress rebels) on March 18. This proved that the Rawat government was already a “minority” from that day. Mr. Rohatgi said that as far as the Centre was concerned, the real floor test happened on March 18 itself, and there was no need for a further no-confidence motion.
“Whether 28 or 35 MLAs is a matter inside the House. If the government was in a minority as you claim, what follows is a floor test,” Justice Misra observed.
Senior advocate Abhishek Manu Singhvi, representing the former Chief Minister Harish Rawat, said it was the first time in India that a proclamation of emergency was a “double whammy.”
“The emergency clouded the authority of the Speaker and prevented the holding of the floor test on March 28. The proclamation came hardly 36 hours before the floor test was to be held,” he submitted.
The Bench further asked whether a sting operation allegedly showing Mr. Rawat horse-trading could actually be a ground for emergency in the State.
To this, Mr. Rohatgi asked whether the President was supposed to keep mum when a Chief Minister was shown on TV openly engaging in horse-trading.
“A sting operation can be socially, idealistically and morally condemned. But can you take that as a factor for imposing President’s Rule? ” Justice Misra asked.

Source: The Hindu

HC to lower courts: Give reason for granting and rejecting bail

The Kerala High Court has ruled that lower courts, while granting or refusing bail, must state briefly the reasons to support their decision. Justice B. Sudheendra Kumar observed recently that it was mandatory that courts record the facts in brief, including the date of arrest/surrender of the accused and also the rank of the accused, if there were more than one accused in a crime.
Common practice
The court, while disposing of a bail petition, pointed out that it was common that many magistrate courts while dealing with the bail applications under Section 437 of the Criminal Procedure Code failed to mention the facts in brief.
Section 437(4) of the Cr. P.C. mandates that an officer or a court, while releasing any person on bail under sub section (1) or (2) of 437, shall record in writing the reasons or special reasons for doing so.
Supreme Court ruling
The Supreme Court also had held that courts were required to indicate the reasons for grant or refusal of bail to an accused.
The court added that giving reasons was different from discussing the merits or demerits of the application. At the stage of granting bail, a detailed examination of all the materials and elaborate documentation of merits of the case should not be undertaken.
Prima facie conclusion
However, while granting or refusing the bail, reasons for prima facie conclusion as to why the bail was granted or refused must be indicated in the order.
The court said that the reasons were always based on the facts of the case.
Therefore, without mentioning the facts, no reasons could be recorded.
This would mean that the reasons were interlinked with the facts of the case.
The facts inter alia included the date of arrest/surrender of the accused and the rank of the accused.
Kerala High Court recently said it was mandatory for courts to record facts in brief

Source: The Hindu 

We have faith in the judiciary, says Rawat

Will accept the apex court’s decision: CM

With the Supreme Court maintaining a status quo on President’s rule in Uttarakhand, deposed chief minister Harish Rawat on Wednesday said he had full faith in the judiciary and will accept the apex court’s decision.
“I have total faith in the judiciary. We will embrace whatever the apex court finally rules in case of Uttarakhand,” he told reporters in his brief reaction to the Supreme Court order directing maintenance of status quo on the presidential promulgation in the State.
Echoing Mr. Rawat, senior party leader and former minister Indira Hridayesh also said her party respects the courts of law.
“We respect the judgement of courts. We believe in guarding the Constitution,” she said.
Similar reactions came from opposition BJP too with the party’s state president Ajay Bhatt saying, “We have faith in the Supreme Court and whatever final verdict it gives will be acceptable to us.” — PTI
Substantiate bribe charge or tender apology, BJP tell the Congress legislators
Source: The Hindu

Cry for justice

LONG WAIT:Narmada Bachao Andolan leader Medha Patkar, along with hundreds of oustees of the Sardar Sarovar Dam, taking out a protest march in Bhopal on Wednesday demanding rehabilitation and compensation.— photo: A.M. Faruqui
LONG WAIT:Narmada Bachao Andolan leader Medha Patkar, along with hundreds of oustees of the Sardar Sarovar Dam, taking out a protest march in Bhopal on Wednesday demanding rehabilitation and compensation.— photo: A.M. Faruqui

Who can question authority of the Speaker, asks SC

No floor test tomorrow as court extends stay

How can the Union Cabinet sitting in New Delhi determine that a Money Bill was not validly passed in the Uttarakhand Assembly and pave the way for imposing President’s rule in the State, the Supreme Court asked the Centre on Wednesday.
Hearing the Centre’s appeal against the Uttarakhand High Court judgment revoking President’s Rule, it extended its stay on the quashing of the Central rule. This means President’s Rule will continue in the State and the April 29 floor test in the Assembly ordered by the High Court will not take place.
“The million dollar question is when the Assembly Speaker said the Money Bill was passed on March 18, how did you say it was not,” Justice Dipak Misra asked the Centre.
The Centre, represented by Attorney-General Mukul Rohatgi, insisted that the non-passage of the Money Bill would have witnessed the State slipping into chaos. “But the Assembly records show that the Money Bill was passed on March 18. If so, who is the authority to question the Speaker? Nobody can question him,” Justice Shiva Kirti Singhobserved.
The Bench scheduled the case for hearing on May 3 and said its judgment would be pronounced before the summer vacation starting on May 16.
During the hearing, the Bench questioned Governor K.K. Paul’s authority to seek video and audio recordings of the March 18 Assembly proceedings on the passing of the Money Bill. “Is it within the Governor’s jurisdiction,” the Bench asked the Centre.

Delhi govt. moves SC to define its powers

The Delhi government has moved the Supreme Court seeking a judicial declaration on the boundaries of the constitutional relationship between it and the Centre in administering the National Capital.
In a suit filed in the apex court, the Arvind Kejriwal government said the Centre was encroaching into the Delhi government’s administrative domain and the Supreme Court should now clearly define the powers of the Lieutenant-Governor, who represents the Centre, so that no one steps on the other’s toes.
It has also highlighted issues like the Delhi Police being run by the Centre, unlike in other States.
Disputes have arisen over the last year on the question whether the Delhi government can act in relation to the other matters in List II (State List) without prior approval of the administrator, “that is the Lieutenant-Governor”, the Delhi government pointed out.
It argued that the Delhi government cannot even increase the salaries of its DANICS officers. The L-G, Najeeb Jung, had previously declared such a hike “null and void”.
Delhi’s Anti-Corruption Branch has been restrained from registering FIRs against the employees of the Central government for corruption. Commissions of Enquiry set up under the Commissions of Enquiry Act, 1952, have also not been allowed to function on the ground that they have not been notified by the L-G, it said.
The government said the time has come for the apex court to finally resolve the questions on the distribution of legislative and (co-extensive) executive powers between the Centre and Delhi.
It was only recently that the Supreme Court had allowed the Kejriwal government to withdraw a similar petition on the ground that the High Court was already seized of an identical issue.
However, this time, the Delhi government has argued that it is the apex court which has the exclusive jurisdiction to decide disputes relating to the constitutional relationship between the NCT of Delhi and the Union of India.


No other court has the jurisdiction to entertain such a dispute since it is between the Union and a State, and impacts the federal structure of the Constitution, the Delhi government contended.

Source: The Hindu 

HC raps CBI for tardiness

Rebuking its tardiness into the investigations of the murders of Narendra Dabholkar and Communist leader Govind Pansare, the Bombay High Court on Tuesday rapped the CBI and the SIT, directing the agencies to submit a ‘Status Report’ on the respective probes by May 3.
“How many more murder anniversaries and status reports must one wait for before any concrete leads can be obtained in the two cases,” a Bench comprising Justice Shalini Phansalkar Joshi and Justice Satyaranjan Dharmadhikari observed.

Sources: The Hindu

Monday, 25 April 2016

Waiting for justice

CJI Thakur does some plainspeaking to government. But the judiciary is not blameless. - 


Chief Justice of India T.S. Thakur has lobbed the ball in the government’s court, pointing out that the problem of case pendency, which denies justice to millions, owes to its reluctance to fill the benches. His reference to a recommendation from the Law Commission in 1987, which had called for increasing the number of judges fivefold, points a finger at all the governments that have held office since that time. None of them showed sufficient interest in closing the gap, while both the population and the volume of litigation have grown rapidly.
The courts generally draw public attention in extraordinary circumstances — when they rise to defend the Constitution and civil rights, or when they are criticised by the other pillars of democracy for judicial overreach or activism. Now, Justice Thakur has used the occasion of a meeting of chief ministers and chief justices of the high courts to focus, with visible anguish, on the quotidian operational challenges facing the judicial system. How could Make in India possibly work, he asked, if foreign investors are put off by the tardiness of dispute resolution? The flagship scheme provided an excellent tactical target, but the effect of pendency is most brutally felt by those without economic power. Undertrials have their right to liberty suspended for years at a time. The public, which depends on the courts for relief, hesitates to put assets like housing on the market. Indeed, poor legal protection urges Indians to be risk-averse as a matter of course, with significant economic and social implications.

Justice Thakur has drawn attention to a long-festering problem of the judicial system. However, the judiciary, too, has not given sufficient attention to the small systemic interventions that could disproportionately increase the efficiency of justice delivery. For instance, the ease with which adjournments can be secured is a well-known cause of delay in civil cases. A direction from the chief justice limiting reasonable grounds for adjournment would reduce pendency considerably. Besides, cases in busy sectors of civil law fall into repetitive patterns. Tenancy matters tend to be structurally similar, for instance, and focusing on unique factors in each case would speed up trials. The chief justice may also consider communicating with the government, which is a party in a large number of cases. Simplification of tax law, for instance, would sharply reduce the volume of litigation in the higher courts. Justice Thakur has pointed the finger in the right direction, but there is much that the judiciary itself could do to speed up its processes.


See more at: Indianexpress.com

CJI slams government for stalling judicial appointments


T.S. Thakur says inaction has denied the poor their due of justice

PITCHING FOR CHANGE:Chief Justice of India T.S. Thakur turns emotional at a conference of Chief Ministers and Chief Justices of High Courts, in New Delhi on Sunday.— Photo: R.V. Moorthy
PITCHING FOR CHANGE:Chief Justice of India T.S. Thakur turns emotional at a conference of Chief Ministers and Chief Justices of High Courts, in New Delhi on Sunday.— Photo: R.V. Moorthy
Breaking down several times in his half-hour speech addressed directly to Prime Minister Narendra Modi who was present at the Annual Chief Ministers and Chief Justices Conference on Sunday, Chief Justice of India Tirath Singh Thakur launched a scathing attack on government inaction, blaming the Centre for stalling appointment of judges to the High Courts and doing nothing to increase the number of courts and judges, thus denying the poor and undertrial prisoners their due of justice.
The Chief Justice asked what was the point of ‘Make in India’ and inviting foreign direct investments when investors would worry about timely delivery of justice in case of litigation. “Therefore, not only in the name of the litigant… the poor litigant [he chokes with emotion] languishing in jail but also in the name of the country and progress, I beseech you to realise that it is not enough to criticise the judiciary…You cannot shift the entire burden on to the judiciary,” he said in an unprecedented criticism of the government.
“I feel that if nothing else has helped justice, an emotional appeal might,” Chief Justice Thakur told an audience of his fellow Supreme Court judges, the Chief Ministers, the Chief Justices of the High Courts, the former Chief Justices, senior officials of the Union Law and Justice Ministry, dignitaries and the media at Vigyan Bhawan as the Prime Minister and Union Law Minister D.V. Sadananda Gowda watched.
He said there were 434 judicial vacancies in the High Courts as of date, “thanks to” the fact that judicial appointments remained in limbo because of the prolonged litigation over the NDA government’s National Judicial Appointments Commission laws.
“After the litigation, we cleared pending proposals [for High Court judicial appointments] in six weeks. We have appointed 54 High Court judges whose cases were earlier pending [before the NJAC case],” the Chief Justice said.

Source: The Hindu 

Wednesday, 20 April 2016

Despite SC order, no clarity on illegal places of worship in Vijayawada

The people of Vijayawada have been enduring the severe problem caused by unauthorised places of worship for a long time. Attempts by civic officials to remove illegal structures situated on roads and pavements are resisted and all sorts of vested interests enter the scene.
According to sources in the Municipal Corporation, the city has 60 to 70 such structures of religious importance and they are major impediments to the movement of traffic. A majority of them are in the old city.
But there is no clarity on how the civic authorities will deal with this situation, given the strong observations made by the Supreme Court on Tuesday. Pulling up the States for not curbing encroachment of public space in the name of religion, the Supreme Court observed: “God never intended to obstruct public way and this is an insult to God.”
Mayor K. Sridhar told The Hindu that the Supreme Court had issued directions in this regard a few years ago and that its latest orders would be duly acted upon after studying it. “We will discuss the issue with Chief Minister and implement the rules strictly for widening various major roads in the city”, he said but refrained from giving the number of such illegal structures and what the municipal authorities would do with them.
It may be noted that the VMC officials had to beat a hasty retreat when some residents of Gulabithota refused to let a local temple demolished earlier this year. In another recent incident of politics, public sentiment and issues of rehabilitation thwarting the attempts of VMC to raze an illegal religious structure to the ground, inhabitants of a colony at Ramavarappadu which is itself an encroachment, did not allow the civic officials to demolish a shrine located there. It was to pave the way for inner ring road. Assurances to show alternative land did not convince the residents and the demolition had to be given up.
The city has about 70 such religious structures affecting smooth movement of traffic

Source: The Hindu

Even President’s decision can go terribly wrong, says HC

CJ warns against revocation of Central rule before verdict

On the last day of hearing on a petition challenging the imposition of President’s Rule in Uttarakhand, a Division Bench of the High Court told the Centre on Wednesday that though the President decided to impose Central rule, his decision was open to judicial review.
Chief Justice K.M. Joseph said: “The power of judicial review is with courts. It cannot be with the President. In earlier times, courts wouldn’t interfere [in a President’s decision]. There’s nothing such as non-reviewability or absolute power [these days].”
He said the President could be an excellent person “but he can go terribly wrong.” Similarly, judges were also open to judicial review, he said.
The Bench faulted the Congress too. “The Congress has not covered itself with glory on this… If it’s a bluff [on the part of any political party] we shall call it a bluff. We shall not mince words,” the Chief Justice said.
During the arguments, senior advocate and Congress leader Abhishek Manu Singhvi said there were apprehensions that the Centre could revoke President’s Rule before the court gave its ruling.
The Chief Justice said he hoped the Centre “will not provoke us” by revoking Article 356 before the verdict.


Source: The Hindu 

Sunday, 17 April 2016

HC dismisses plea for Rs. 270-crore compensation

The Madras High Court has dismissed a man’s plea for Rs. 270 crore compensation for rights violations by State police who allegedly booked him on false charges.
A division Bench of Justices Satish K. Agnihotri and M. Venugopal, however, set the petitioner at liberty to approach a civil court for damages.
According to the petitioner, D. Arun, on September 27, 2004 a group of ten persons assaulted him near L.G. Pudur, Katpadi. His father lodged a complaint about the incident with the Inspector of Police, Latheri Police Station, Vellore.
Arun alleged that instead of taking action on his father’s complaint, the Inspector filed a malicious case and put them behind bars. The duo faced the trial in which they were convicted under Sections 294(b), 323 (Voluntarily causing hurt) and 325 (Voluntarily causing grievous hurt) of the Indian Penal Code.
However, they were not sentenced, but released under the Probation of Offenders Act.
Aggrieved by the order, the petitioner preferred an appeal. He was acquitted by the Madras High Court.
Subsequently, he moved a writ petition seeking Rs. 270 crore as compensation for the “losses” suffered due to the malicious case filed against him by the police.

Sources: The Hindu

Monday, 11 April 2016

How Tax Havens Are Misused by the Rich and Powerful

The disclosure of the Panama Papers, the biggest-ever leak of confidential information in human history, has highlighted yet again how the rich and the powerful use—rather, misuse—tax havens not just for avoiding payment of taxes but for a wide range of nefarious activities: from money laundering to funding wars, from trading in human beings to drug dealing. It is often claimed by clever accountants and smart lawyers that providing offshore banking and financial services is not necessarily illegal, leave alone evil. But there is much that is not explicitly stated about the working of 90-odd tax havens scattered across the globe, including some that are located within national jurisdictions of countries like the United States (Delaware and Florida) and in principalities or microstates in Europe (Monaco and Liechtenstein). The secrecy that is guaranteed in these tax havens ensures a conducive environment for corrupt political leaders, their relatives and associates, businesspersons and celebrities to park their funds and take them out at will. Money moves rapidly across multiple tax jurisdictions, a phenomenon called “round-tripping,” to make it difficult for regulatory authorities to ascertain the “beneficial owners” of companies. Equally importantly, the line that divides legal forms of tax avoidance and illegal forms of tax evasion is so thin as to be virtually non-existent. The issues that have been raised go beyond loss of revenue to the damage done to democratic institutions and ensuring greater transparency in public life.

Few of the names that have been highlighted in the Panama Papers are those of citizens from Western countries. They are instead from Russia, China, Saudi Arabia, Malaysia, Syria, Argentina, Morocco, Pakistan, India, Argentina, Azerbaijan, Qatar, the United Arab Emirates and various countries of Africa. It would, however, be erroneous to conclude from the media coverage of the leaked documents that politicians and businesspersons in advanced capitalist countries are paragons of virtue. Far from it. On the contrary, the one country that is responsible for overseeing the working of as many as 18 tax havens happens to be the United Kingdom.

Today the Paris-based Organisation of Economic Cooperation and Development (OECD), a grouping of some of the richest countries in the world, is fretting that only a handful of countries are refusing to go along with its Base Erosion and Profit Shifting (BEPS) initiative that seeks to combat tax avoidance and counter strategies that exploit gaps and mismatches in tax rules to make profits “disappear” or shift to locations where there is little or no economic activity and where no taxes have to be paid. The OECD has pointed out that unlike 96 countries, including India, only four small countries have staunchly refused to go along with an important aspect of the BEPS initiative, namely, automatic exchange of tax-related information by electronic means. These four happen to be, besides Panama, two small island-states in the Pacific Ocean, Nauru and Vanuatu, and Bahrain. There is more than an element of hypocrisy in the fact that the very same countries that once encouraged offshore banking in tax havens are now cribbing about tax avoidance by large multinational corporations in the wake of the Great Recession.

The Panama Papers have contributed to a fair share of titillation in the media in India and the world, thanks to names of so-called celebrities cropping up (most of whom deny any wrongdoing), from Lionel Messi, Jackie Chan, Vladimir Putin and Xi Jinping to our very own Amitabh Bachchan, Aishwarya Rai and Niira Radia. Be that as it may, what is clear is that the flight of capital to tax havens represents an element of the ugly underbelly of the brave new world of globalisation of economic liberalisation. Till 2003, no Indian citizen could set up a corporate entity overseas. Accountants sidestepped the rules and exploited the ambiguities in the fine print of the law. Indians invested in companies while not owning them. Firms like Mossack Fonseca in Panama showed high net worth individuals the way by offering them companies and directorships literally off the shelf. In 2004, the Reserve Bank of India allowed Indian residents to take out $25,000 a year under a libera_lised remittances scheme, an amount that has since gone up tenfold. Thus, one should not be surprised that all the businesspersons whose names find place in the Panama Papers are saying they have done nothing wrong. However, this is not to say that tax havens are not being used to launder money and a host of other illegal activities. Moreover, the disclosures represent only the tip of the proverbial iceberg. It is mind-boggling to realise that the data that has entered the public domain—11.5 million documents or 2.6 terrabytes of data—came from a single firm of lawyers located in one small country situated between the two American continents.

There is one commendable fallout from the muck that has been flung around. Portions of the Panama Papers were first leaked to Süddeutsche Zeitung, a German daily, which then roped in the Washington-based International Consortium of Investigative Journalists that has put together a network of over 190 journalists working in media organisations in more than 50 countries, including the Indian Express. The Panama Papers demonstrate that when journalists collaborate and not merely compete with one another, the consequences can be noteworthy.

Source: EPW
The disclosure of the Panama Papers, the biggest-ever leak of confidential information in human history, has highlighted yet again how the rich and the powerful use—rather, misuse—tax havens not just for avoiding payment of taxes but for a wide range of nefarious activities: from money laundering to funding wars, from trading in human beings to drug dealing. It is often claimed by clever accountants and smart lawyers that providing offshore banking and financial services is not necessarily illegal, leave alone evil. But there is much that is not explicitly stated about the working of 90-odd tax havens scattered across the globe, including some that are located within national jurisdictions of countries like the United States (Delaware and Florida) and in principalities or microstates in Europe (Monaco and Liechtenstein). The secrecy that is guaranteed in these tax havens ensures a conducive environment for corrupt political leaders, their relatives and associates, businesspersons and celebrities to park their funds and take them out at will. Money moves rapidly across multiple tax jurisdictions, a phenomenon called “round-tripping,” to make it difficult for regulatory authorities to ascertain the “beneficial owners” of companies. Equally importantly, the line that divides legal forms of tax avoidance and illegal forms of tax evasion is so thin as to be virtually non-existent. The issues that have been raised go beyond loss of revenue to the damage done to democratic institutions and ensuring greater transparency in public life.
Few of the names that have been highlighted in the Panama Papers are those of citizens from Western countries. They are instead from Russia, China, Saudi Arabia, Malaysia, Syria, Argentina, Morocco, Pakistan, India, Argentina, Azerbaijan, Qatar, the United Arab Emirates and various countries of Africa. It would, however, be erroneous to conclude from the media coverage of the leaked documents that politicians and businesspersons in advanced capitalist countries are paragons of virtue. Far from it. On the contrary, the one country that is responsible for overseeing the working of as many as 18 tax havens happens to be the United Kingdom.
Today the Paris-based Organisation of Economic Cooperation and Development (OECD), a grouping of some of the richest countries in the world, is fretting that only a handful of countries are refusing to go along with its Base Erosion and Profit Shifting (BEPS) initiative that seeks to combat tax avoidance and counter strategies that exploit gaps and mismatches in tax rules to make profits “disappear” or shift to locations where there is little or no economic activity and where no taxes have to be paid. The OECD has pointed out that unlike 96 countries, including India, only four small countries have staunchly refused to go along with an important aspect of the BEPS initiative, namely, automatic exchange of tax-related information by electronic means. These four happen to be, besides Panama, two small island-states in the Pacific Ocean, Nauru and Vanuatu, and Bahrain. There is more than an element of hypocrisy in the fact that the very same countries that once encouraged offshore banking in tax havens are now cribbing about tax avoidance by large multinational corporations in the wake of the Great Recession.
The Panama Papers have contributed to a fair share of titillation in the media in India and the world, thanks to names of so-called celebrities cropping up (most of whom deny any wrongdoing), from Lionel Messi, Jackie Chan, Vladimir Putin and Xi Jinping to our very own Amitabh Bachchan, Aishwarya Rai and Niira Radia. Be that as it may, what is clear is that the flight of capital to tax havens represents an element of the ugly underbelly of the brave new world of globalisation of economic liberalisation. Till 2003, no Indian citizen could set up a corporate entity overseas. Accountants sidestepped the rules and exploited the ambiguities in the fine print of the law. Indians invested in companies while not owning them. Firms like Mossack Fonseca in Panama showed high net worth individuals the way by offering them companies and directorships literally off the shelf. In 2004, the Reserve Bank of India allowed Indian residents to take out $25,000 a year under a libera_lised remittances scheme, an amount that has since gone up tenfold. Thus, one should not be surprised that all the businesspersons whose names find place in the Panama Papers are saying they have done nothing wrong. However, this is not to say that tax havens are not being used to launder money and a host of other illegal activities. Moreover, the disclosures represent only the tip of the proverbial iceberg. It is mind-boggling to realise that the data that has entered the public domain—11.5 million documents or 2.6 terrabytes of data—came from a single firm of lawyers located in one small country situated between the two American continents.
There is one commendable fallout from the muck that has been flung around. Portions of the Panama Papers were first leaked to Süddeutsche Zeitung, a German daily, which then roped in the Washington-based International Consortium of Investigative Journalists that has put together a network of over 190 journalists working in media organisations in more than 50 countries, including the Indian Express. The Panama Papers demonstrate that when journalists collaborate and not merely compete with one another, the consequences can be noteworthy.
- See more at: http://www.epw.in/journal/2016/15/editorials/how-tax-havens-are-misused-rich-and-powerful.html#sthash.luRsbnNK.dpuf
The disclosure of the Panama Papers, the biggest-ever leak of confidential information in human history, has highlighted yet again how the rich and the powerful use—rather, misuse—tax havens not just for avoiding payment of taxes but for a wide range of nefarious activities: from money laundering to funding wars, from trading in human beings to drug dealing. It is often claimed by clever accountants and smart lawyers that providing offshore banking and financial services is not necessarily illegal, leave alone evil. But there is much that is not explicitly stated about the working of 90-odd tax havens scattered across the globe, including some that are located within national jurisdictions of countries like the United States (Delaware and Florida) and in principalities or microstates in Europe (Monaco and Liechtenstein). The secrecy that is guaranteed in these tax havens ensures a conducive environment for corrupt political leaders, their relatives and associates, businesspersons and celebrities to park their funds and take them out at will. Money moves rapidly across multiple tax jurisdictions, a phenomenon called “round-tripping,” to make it difficult for regulatory authorities to ascertain the “beneficial owners” of companies. Equally importantly, the line that divides legal forms of tax avoidance and illegal forms of tax evasion is so thin as to be virtually non-existent. The issues that have been raised go beyond loss of revenue to the damage done to democratic institutions and ensuring greater transparency in public life.
Few of the names that have been highlighted in the Panama Papers are those of citizens from Western countries. They are instead from Russia, China, Saudi Arabia, Malaysia, Syria, Argentina, Morocco, Pakistan, India, Argentina, Azerbaijan, Qatar, the United Arab Emirates and various countries of Africa. It would, however, be erroneous to conclude from the media coverage of the leaked documents that politicians and businesspersons in advanced capitalist countries are paragons of virtue. Far from it. On the contrary, the one country that is responsible for overseeing the working of as many as 18 tax havens happens to be the United Kingdom.
Today the Paris-based Organisation of Economic Cooperation and Development (OECD), a grouping of some of the richest countries in the world, is fretting that only a handful of countries are refusing to go along with its Base Erosion and Profit Shifting (BEPS) initiative that seeks to combat tax avoidance and counter strategies that exploit gaps and mismatches in tax rules to make profits “disappear” or shift to locations where there is little or no economic activity and where no taxes have to be paid. The OECD has pointed out that unlike 96 countries, including India, only four small countries have staunchly refused to go along with an important aspect of the BEPS initiative, namely, automatic exchange of tax-related information by electronic means. These four happen to be, besides Panama, two small island-states in the Pacific Ocean, Nauru and Vanuatu, and Bahrain. There is more than an element of hypocrisy in the fact that the very same countries that once encouraged offshore banking in tax havens are now cribbing about tax avoidance by large multinational corporations in the wake of the Great Recession.
The Panama Papers have contributed to a fair share of titillation in the media in India and the world, thanks to names of so-called celebrities cropping up (most of whom deny any wrongdoing), from Lionel Messi, Jackie Chan, Vladimir Putin and Xi Jinping to our very own Amitabh Bachchan, Aishwarya Rai and Niira Radia. Be that as it may, what is clear is that the flight of capital to tax havens represents an element of the ugly underbelly of the brave new world of globalisation of economic liberalisation. Till 2003, no Indian citizen could set up a corporate entity overseas. Accountants sidestepped the rules and exploited the ambiguities in the fine print of the law. Indians invested in companies while not owning them. Firms like Mossack Fonseca in Panama showed high net worth individuals the way by offering them companies and directorships literally off the shelf. In 2004, the Reserve Bank of India allowed Indian residents to take out $25,000 a year under a libera_lised remittances scheme, an amount that has since gone up tenfold. Thus, one should not be surprised that all the businesspersons whose names find place in the Panama Papers are saying they have done nothing wrong. However, this is not to say that tax havens are not being used to launder money and a host of other illegal activities. Moreover, the disclosures represent only the tip of the proverbial iceberg. It is mind-boggling to realise that the data that has entered the public domain—11.5 million documents or 2.6 terrabytes of data—came from a single firm of lawyers located in one small country situated between the two American continents.
There is one commendable fallout from the muck that has been flung around. Portions of the Panama Papers were first leaked to Süddeutsche Zeitung, a German daily, which then roped in the Washington-based International Consortium of Investigative Journalists that has put together a network of over 190 journalists working in media organisations in more than 50 countries, including the Indian Express. The Panama Papers demonstrate that when journalists collaborate and not merely compete with one another, the consequences can be noteworthy.
- See more at: http://www.epw.in/journal/2016/15/editorials/how-tax-havens-are-misused-rich-and-powerful.html#sthash.luRsbnNK.dpuf

Sunday, 10 April 2016

Quick Updates of News from Manupatra

Cigarette, Tobacco Packs to Have Larger Warnings from April 1 - 01.04.2016
Cigarettes and Other Tobacco Products (Packaging and Labelling) Amendment Rules, 2014, have been implemented from April 1. Cigarette and tobacco packs will have 85 % space occupied by health warnings on both sides from today.


EPFO Stays New PF Withdrawal Norms Till April 30 - 04.04.2016
Employees Provident Fund Organisation (EPFO) has deferred till April 30, implementation of new norms that restrict 100 per cent withdrawal of provident fund by members after unemployment of more than two months, among others.


Income Tax Dept Notifies New Return Forms for 2016-17 for Wealthy Individuals - 01.04.2016
Income Tax Dept has notified new tax return forms for 2016-17, which require wealthy individuals to mandatorily disclose details about assets like land, property and jewellery.


Union Environment Ministry Notifies New Hazardous Waste Management Rules - 04.04.2016
The Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 have been notified by the Union Environment Ministry, replacing its older version made in 2008.


SC Sets Aside Karnataka HC Bail Order In Lokayukta Scam Case - 04.04.2016
Supreme Court has set aside order of Karnataka High Court granting bail to four persons accused of using the offices of state Lokayukta to carry out extortion activities.



Manupatra Newsline updates

Un-utilised FPI limits in government securities to be carried forward
MANU/APDR/0017/2016
The Central Government has allowed long term limits in government securities left un-utilised by FPIs to be carried onward to the subsequent tranche for the second half of the year. As such, the total investment possible by FPIs in government securities is increased Rs. 10,000 crore and availability in State Development Loans is increased by Rs. 13,500 crore in the upcoming period.
Relevant
Investments by FPIs in Government securities MANU/SIPM/0002/2016
Securities under UDAY closed for Bihar, Jharkhand and Punjab MANU/RPRL/0094/2016
Foreign Exchange Management - Transfer or issue of security MANU/RFEM/0012/2000
Investment by Foreign Portfolio Investors in Government Securities MANU/APDR/0078/2015



External Commercial Borrowings - Revised Framework
MANU/APDR/0018/2016
The Reserve Bank of India notified amendments to the External Commercial Borrowings regime to encourage longer term lending, particularly for infrastructure development. The changes are prefaced as allowing a larger number of infrastructure participants access to external funds: a wider array of companies in the infrastructure sector can now raise ECB; ‘Exploration, Mining and Refinery’ have been deemed as being part of the infrastructure sector and companies partaking in the same can also avail ECB.


Re 1 currency note to enter circulation
MANU/RPRL/0092/2016
The Reserve Bank of India will soon introduce one rupee notes into circulation. The notes will incorporate bi-linguistic features, such as the signature of Ratan P. Watal, Finance Secretary, which will be present in English and Hindi. The note itself will feature a pink-green colour scheme. Existing one rupee notes in circulation will continue to be legal tender.


RBI clarifies its Directions on MCLR System
MANU/RPRL/0093/2016
The Reserve Bank of India clarified its 2016 Directions relating to the Marginal Cost of Funds based on Lending Rate system, effective 1 April 2016. The notification includes a helpful illustration to demonstrate the intended functioning of the regime for determining MCLR. The RBI reiterates that fixed rate loans are exempt from being linked to MCLR, with such loans of tenor above three years also benefitting from exemption. Also, MCLR computation will take into consideration balances, deposits and other borrowings outstanding on the day previous to calculation.


Guidelines for foreign direct investment in e-commerce
MANU/INDP/0009/2016
The Ministry of Commerce and Industry released guidelines for foreign direct investment in e-commerce, clarifying the policy contained in ‘Consolidated FDI Policy Circular’ 2015. The guidelines provide definitions for e-commerce and delineate marketplace based e-commerce from inventory based e-commerce.100% investment from foreign sources is permitted in the marketplace model whereas FDI is not permitted in inventory based e-commerce.


Wealth tax return not required 2016-2017 onwards
With the Central Government’s recent decision to abolish the wealth tax, the Central Board of Direct Taxes added that taxpayers are also not required to file a wealth tax return from assessment year 2016-2017 and onwards. The update is tempered somewhat by the fact that though a distinct return on wealth is not required, information contained therein must be included in the income tax return.


Bio-Medical Waste Management Rules 2016
MANU/ENVT/0063/2016
The government has heralded the Bio-Medical Waste (Management and Handling) Rules 2016 as bringing a sea change in the way bio-medical waste will be managed in the country. Saliently, the new Rules rope in a wider gamut of healthcare activity and propagate training and immunisation for healthcare workers. The Rules also attempt consolidation of waste disposal activities within a certain radius by prohibiting generators of bio-medical waste from setting up an on-site treatment if such a facility is available within a 75 km radius.


Government releases Intellectual Property Panorama
MANU/PIBU/0355/2016
The Indian government released a single window interface for information on Intellectual Property under the Indian Intellectual Panorama. The portal will increase awareness about intellectual property in the SME sector, academia and research. Prepared in conjunction with the World Intellectual Property Organisation, the resource consists of a series of educational videos that explain the functioning of the regime.


Uttarakhand Appropriation (Vote on Account) Ordinance 2016
The Central Government passed an ordinance permitting utilisation of funds from Uttarakhand’s state fund. The move effectively confirms President’s rule in Uttarakhand, which was notified on 27 March 2016. The Appropriation is limited to a maximum of about Rs. 13,642 crore, monies which are to be expended on providing continued governance and services in the state.


Good samaritans protected by SC, government guidelines – in theory
Savelife Foundation and Ors. v. Union of India and Ors.
MANU/SC/0354/2016
30.03.2016
The Supreme Court allowed a petition seeking affirmation of the recently released central government guidelines for the protection of good samaritans. The significance? The guidelines will be considered good law till the notification released by the Ministry of Road Transport and Highways is formally translated into legislation. Additionally, the Apex court directed other courts to “not normally insist on appearance of Good Samaritans”, unless the court opines - in writing - why the presence of such a person in court was necessary.

The Ministry of Road Transport and Highways notified protections for good samaritans and formulated standard operating procedures for their examination on 12 May 2015. The measures are hoped to not only reduce the trepidation faced by bystanders about the risks associated with assisting road accident victims, but also deter subsequent persecution and intimidation by law and order agencies.

Relevant
Vineet Narain and Ors. v. Union of India and Anr. MANU/SC/0827/1998
Pt. Parmanand Katara v. Union of India and Ors. MANU/SC/0423/1989

Source: Manupatra