Bombay HC stays fresh Rs 3,000 cr Vodafone tax order

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January 30, 2014

British telecom major Vodafone got interim relief from a transfer pricing tax demand, as the Bombay High Court stayed a Rs 3,000 crore order slapped by the Income Tax department.

The interim stay will last till March 7, and the tax department has been asked not to take any steps until further action. This fresh tax demand pertains to a transfer pricing case wherein the revenue department believes that a share sale between the Pune outsourcing unit of Vodafone and its parent company, was not done at arms-length pricing.

Last month, the department sent aRs 3,700 crore tax order on the same issue for the assessment year of 2008-09. The latest Rs 3,000 croreorder belongs to yet another assessment year of 2010-11. The department has been treating the amount remitted to the parent company as a ‘loan’, and can be extended for other assessment years. The orders come with the interest associated and the penalty.

Both the transfer pricing order put together will net aRs 6,700 crore claim on Vodafone on the transfer pricing issue. Apart from the transfer pricing case, the second largest telecom operator is also fighting a much bigger tax case over capital gains whose claim is at Rs 11,200 crore. This case pertains to the 67% stake purchase by Vodafone from Hutchinson in 2007.

Vodafone had said earlier that the IT department’s transfer pricing claim has no basis in law. It had said in a statement that their transaction was a share subscription and not a share sale, and that share subscriptions are not covered by transfer pricing rules, either in India or abroad.

The High Court had also refused to hear a petition filed by the company for the assessment year 2008-09, and sent it back to the dispute resolution panel. The Income Tax Appellate Tribunal or ITAT had given a six-month stay on the Rs 3,700 crore order, in December last year.

After flight cancel, passengers denies to leave Jet Airways plane

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Afternoon Voice

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January 30, 2014

About 60 upset passengers in Mumbai refused to get off a Jet Airways plane for hours in protest after a technical snag forced the airline to reschedule the flight to Singapore.

The flight was to have taken off from Mumbai at 9.50 on Thursday morning.

The passengers complained that after waiting for three hours on the plane, they were asked to get off. They refused, also alleging that the private airline had refused to put them on other flights to Singapore. Some claimed they had been on the aircraft for almost eight hours.

A Jet Airways spokesperson, however, said, the aircraft “returned to the bay twice following a technical snag resulting in the flight being rescheduled…With a change of aircraft and certain guests travelling for an onward journey beyond Singapore, choosing not to fly, the rescheduled flight took off for its destination after a four-hour delay.”

Mumbai airport sources said the flight finally took off at 3.45 pm, six hours behind schedule.

In Tarun Tejpal case, photos leaked of reporter he allegedly raped

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Afternoon Voice

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January 30, 2014

A photograph that shows Tarun Tejpal with the young journalist he is accused of raping has become the latest flashpoint in the case, with both sides asking the police to determine who is responsible for circulating the picture via email.

Mr. Tejpal, 50, is the former editor-in-chief of Tehelka, an investigative newsmagazine. He was arrested in late November for allegedly sexually assaulting his younger co-worker at a Tehelka conference in Goa earlier that month.

The emailed photograph shows the young woman with Mr. Tejpal and Hollywood star Robert DeNero, who was among the speakers at the Goa event. The journalist’s face is clearly seen in the photograph in violation of the law that says the identity of rape survivors must be protected. In a case filed with the Goa police, she has alleged that the photograph violates her privacy and is being circulated to slander her. The email that forwards the photograph includes comments described as slanderous by the journalist. Mr. Tejpal’s lawyers have argued earlier that her attendance proves that the encounter with Mr. Tejpal was consensual; if she was in trauma, they have said in court, there were no visible signs.

The journalist says the email is being used to reinforce that argument.

However, sources close to Mr. Tejpal say that he believes that the email and photo are being circulated to make it seem like he is trying to intimidate and defame the young woman in the hope that this will hurt his chances of bail. He is likely to file a case asking the Delhi Police’s cyber experts to determine the source of the email. Mr. Tejpal is expected to ask the police to check the servers at the Tehelka office to identify whether they were used.

The reporter who quit Tehelka days before Mr. Tejpal was arrested has in the past accused his family members of trying to intimidate her.

Guardian Minister felicitates women for successful completion of skill development programmes

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Afternoon Voice

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January 30, 2014

Women and Child Development organization scheme for Social and slum Development welfare had implemented two programmes like stitching and E-Taxation work for the empowerment of women. Persons who have successfully completed the course were awarded a certificate from the hands of State Guardian Minister and member of assembly Ganesh Naik. The function was held at Vishnudas Bhai Natya Grah hall at Vashi.

The function was attended by Deputy Mayor Ashok Gawade, Women and child Development committee Chairperson Sunanda Raut, Indumati Tikone, Patil Suthar, Netra Shirke, Varsha Naik, Aparna Gawte, Shubhangi Patil, Corporator Bharat Nakhate, Navin Gawte, Ravindra Mhatre and many others.

Spare Kejriwal to do good work

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Vaidehi Taman

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January 30, 2014

I’m very upset with the Congress lawmaker in a way he interrupted a press conference conducted by Delhi Chief Minister Arvind Kejriwal. This attack was pre-planned. AAP won with unexpected margins, BJP and Congress lost control, these types of acts shows their frustration. It is planned agenda to attack Kejriwal and his party in every ways. Congress MLA was demanding appointment of a Special Investigation Team to probe the 2008 Batla House encounter. His own government was ruling in Delhi then why he had not asked for the probe? Why Asif Mohammad Khan never attacked Rahul Gandhi or Sheila Dixit and he chose press conference to attack Kejriwal? Khan, a MLA from Okhla constituency, barged into the press conference at Delhi Secretariat and started shouting slogans against AAP and Kejriwal. Earlier, Kejriwal said a court has already given its verdict in the case and government respected the judicial process. Delhi Government had on Wednesday decided on a probe by an SIT into the 1984 anti-Sikh riots, two days after Congress vice-president Rahul Gandhi said some of the party men were probably involved in the violence but were punished. Khan said he will not extend support to the AAP government in any legislative business and does not care if Congress takes disciplinary action against him.

Rahul Gandhi’s remarks on the 1984 riots have sparked off an unprecedented political furore, with a united opposition stepping up attack against Congress, demanding a court monitored fast track probe. Sikh groups on Thursday protested outside the Congress office in Delhi, stating that a mere apology on the 1984 riots will not suffice. A Sikh rights group that has filed human rights violation cases against the Congress party and its leader Sonia Gandhi said it will subpoena the party’s vice president Rahul Gandhi before a US court in the 1984 anti-Sikh rights lawsuit, a demand that has been strongly rejected by the political party’s attorney in US. AAP want the investigation in 1984 to be done and justice to be brought to Sikh community. There is vast difference between a riot and encounter. Last year, a trial court had convicted suspected Indian Mujahideen (IM) terrorist Shahzad Ahmed in the Batla House encounter case and sentenced him to life imprisonment. We have to respect the judiciary.

People should stop attacking this new party and they should really give them some time to deal with the issues and promises they made to their people. We gave BJP a chance, and their performance was surely good. The performance of BJP-governed states is surely better than Congress- ruled or any other Parties like TMC, SP. BJP ruled only 6 years since independence. Should we say BJP is a flopped party or should we attack them without proper reason? When other government gets 5 years to judge their performance then how can we judge AAP government in one month? Its dedicated working culture will change the modern definition of politics, which may be treated as milestone for newcomers in this field. However the style of politics, where politician uses soft word to negative matter is not maintained by this group. We know that maintenance of law & order is the responsibility of state government, so the authority of law & order must be vest in that authority which controls it. AAP as an alternative has generated much hope against the closed options provided by aristocratic mindset of the present political parties. It has infused a sense of competition and forced the traditional ways of politics to introspect. BJP has budged from its Hindutva core ideology, towards governance reform and Congress has started realizing that playing only aam aadmi card is just not enough.

AAP has well tried to project itself as a service oriented party and devoid of aristocratic style of functioning. We must nourish this sapling to grow into a tree ignoring its little faults. Otherwise, if this new experiment fails, it will provide conviction to the corrupt and inefficient political parties to continue the old ways of disregarding the needs of the people. There are many issues languishing in files but were never addressed by any of the political parties. No one asked for any magic to happen or issues to be addressed. All of sudden, each and every political party are attacking AAP. If we will not allow them to execute their work then how we can expect them to work as they promised to people.

Whoever is criticizing AAP means they are falling into the traps of established political parties who will continue to promote their own agendas to the detriment of common man. After criticising AAP to an extent, common man will continue to promote it in this election year. We have been used to the culture of writing letters and memorandum for voicing our concerns to the ruling parties who dumped it into dustbin. If the correct voice of dissent in a democracy does not get its due attention under old methods, new methods adopted by parties like AAP shall be given a try.

Not last but the least, We the Indians should learn to respect our elected chief ministers of every state.

Who is responsible for Andaman boat tragedy?

By

Mahendra Singh

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January 30, 2014

It is really very sad to listen about the tragic news of several deaths as a passenger boat capsized in Port Blair waters. Such boats are registered under the Inland Vessel Act 1917 and are subjected to an annual survey. A probe needs to be conducted against the surveying authority at Port Blair for ascertaining any lapses committed by him. In the survey certificate, the number of Life Saving appliances is clearly shown. It is the duty of the Inland master in-charge of the boat to check that these appliances are functioning. The Annual survey also includes the survey of the hull to check for it’s soundness and water tightness.

It is the duty of the master and crew to ensure that passengers (it has been reported that she was overloaded) do not crowd on one side of the boat especially those which can carry 20-25 passengers. There is no central lengthwise barrier to prevent this calamity and even then the Inland Master in-charge of the boat ensures that passengers do not shift towards one side ( port or Starboard) causing the vessel to tilt. An investigation needs to be carried out to ascertain if any well qualified master was on board or not? If not, it is a grave offence and the designated master must first be arrested. Often the master is not present on board and entrusts the wheel to someone else. All ferries operating in these waters must be examined.

The examination of Inland water first class and second class masters is conducted orally only and corruption in issuance of such certificates cannot be ruled out. These days NCV (near coastal voyage) training and examination is being conducted by many colleges which lacks qualified training faculty possessing good experience. The DG Shipping has authorized certain organizations to conduct NCV examinations.

It is necessary to find out if this has been done backed by some Gazette Notification or properly framed and published rules. Otherwise there are possibilities of irregularities which may result in mishaps. It has to be ascertained whether NCV examiners are possessing adequate qualifications and experience. Who is selecting them? The surveyors of MMD are selected by the UPSC. It is to be ensured that we are not unwittingly carrying on illegal transaction of business without legally tenable authorization and rules for the purpose of ensuring safety at sea and within inland waters.

Rahul effect: Centre hikes subsidised LPG cylinder cap from 9 to 12

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Afternoon Voice

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January 30, 2014

Bowing to party pressure, the government Thursday raised the quota of subsidised LPG to 12 cylinders per household in a year from nine at present and also put on hold paying users the subsidy into bank accounts using Aadhaar platform.

Announcing the decision taken by the Cabinet Committee on Political Affairs, Oil Minister M Veerappa Moily said raising the LPG quota will cost Rs 5,000 crore in additional subsidy annually.

Households will get one cylinder extra, on top of the quota of 9 cylinders, in February and March and from April they will be entitled for 12 cylinders — one cylinder per month at subsidised rates, he said.

Moily also said the direct benefit transfer for LPG (DBTL) scheme, where consumers in as many as get 289 districts in 18 states got the subsidy amount in their bank accounts so that they could buy cooking gas at market rate, has been put on hold.

Explaining the reasons behind the move to put on hold a scheme that was dubbed ‘game-changer, he said there were complaints about implementation of the scheme and a committee has been formed to look into them.

“Pending the committee examining the issues, the Aadhaar-linked LPG subsidy transfer has been put on hold,” he said.

DBTL, under which consumers got Rs 435 advance money in their bank accounts so as to help them buy a LPG cylinder at market price, was this month extended to 105 districts including Delhi and Mumbai.

Currently, a subsidised LPG cylinder costs Rs 414 while the market price comes to Rs 1,021.

Congress vice president Rahul Gandhi had at the All India Congress Committee session earlier this month asked Prime Minister Manmohan Singh to increase the quota of subsidised LPG to 12 cylinders of 14.2-kg each.

There had also been demands from within the Congress to scrap the DBTL as many consumers did not either have the Aadhaar number or banks accounts linked to the Aadhaar number.

Moily said 89.2 percent of the 15 crore LPG consumers use up to nine cylinders in a year and only 10 percent have to buy the additional requirement at the market price.

After the quota is raised to 12, about 97 percent of the LPG consumers would be covered by subsidised LPG, he said.

The government had initially capped the supply of subsidised domestic LPG cylinders to six per household annually in September 2012 in a bid to cut its subsidy bill. The quota was raised to nine in January 2013.

Consumers, who have exhausted their quota, have to buy LPG at the market price of Rs 1,258 per cylinder. Subsidised LPG costs Rs 414 per cylinder in Delhi.

Andhra Pradesh assembly rejects Telangana bill, embarrassment for Centre

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Afternoon Voice

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January 30, 2014

The Andhra Pradesh assembly today emphatically rejected the creation of Telangana in a move engineered by Chief Minister Kiran Kumar Reddy, embarrassing the Centre and posing a moral dilemma for President Pranab Mukherjee, who has to take the process forward. But Congress leader Digvijaya Singh told that regardless of the state’s rejection, Parliament will vote on the bill to create Telangana in the session beginning on February 5.

Amid protests by Telangana MLAs, the presiding officers in the Legislative Assembly and the Council announced that official resolution for rejecting the bill were carried and adjourned the houses sine die.

Assembly Speaker N Manohar announced passing of a resolution moved by Chief Minister N Kiran Kumar Reddy. In the Council, Chairman A Chakrapani declared that a resolution moved by Endowments Minister C Ramachandraiah is carried.

“Almost all the members have expressed their views in writing which will form part of official records. Proposals for amendments and expression of views in writing by the members on the clauses numbering 9,072 received from members will also form part of official records,” Manohar said amid slogans by members from both Telangana and Seemandhra.

He declared that the official records would be submitted to President of India as views of the house. Chakrapani made a similar announcement in the Council.

In his resolution, the CM has called on President Pranab Mukherjee not to refer the bill to Parliament as it seeks to bifurcate the state without any reason and consensus and in utter disregard to linguistic and cultural homogeneity and economic and administrative viability of both the regions.

The move has come as an embarrassment to the Congress because the party had piloted the bill to create a separate Telangana state carved out of Andhra Pradesh.

It may be noted that Reddy-led Congress government rules in the state.

The CM had earlier threatened to quit politics if the Telangana bill is passed in Parliament. Reddy is strongly opposed to the state’s bifurcation.

Earlier, the protest by legislators from Telangana cutting across party lines for last four days has brought the debate on Andhra Pradesh Reorganisation Bill 2013 to a halt.

The President had referred the bill to the state legislature on December 12 last year for its opinion under Article 3 of the Constitution.

1984 riots: Rajiv Gandhi did not take calls from Zail Singh, claims aide

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Afternoon Voice

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January 30, 2014

Tarlochan Singh, press secretary of former president Giani Zail Singh, has contradicted Rahul Gandhi’s claim that the Congress government had tried to stop the 1984 anti-Sikh riots.

Congress vice-president and party’s face for the 2014 Lok Sabha elections had asserted that unlike Narendra Modi whose government had pushed the riots in 2002 in Gujarat, the Congress government in 1984 had tried to do everything to stop rioting against Sikhs following the assassination of the then prime minister Indira Gandhi.

Tarlochan Singh said that the 1984 riots were in fact “orchestrated and sponsored”.

According to him, Rajiv Gandhi who took over as PM following the death of Indira Gandhi, even refused to take calls from the then president Giani Zail Singh when the latter tried to speak to him to discuss the situation.

Singh, who has served as vice-chairman of the National Commission for Minorities from 2000 to 2003, further alleged that unlike the 1984 communal strife, the 2002 Gujarat riots were “spontaneous”.

The Gujarat police did everything to stop rioting, Singh said, adding the same is evident from the fact that 137 rioters were killed in police firing.

In Delhi, only one rioter was killed in police firing in 1984.

It may here be noted that Singh served as the NCM chairman when the NDA was in power at the Centre. Later, he entered the Rajya Sabha from Haryana in 2004 with support from the BJP and INLD.

Harish Rawat to replace Uttarakhand CM Vijay Bahuguna?

By

Afternoon Voice

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January 30, 2014

The Congress may replace Uttarakhand Chief Minister Vijay Bahuguna with Union Water Resources Minister Harish Rawat ahead of General Elections.

Congress president Sonia Gandhi held a meeting with senior party leaders on Wednesday morning to discuss the leadership change issue in a bid to boost the party’s prospects in Uttarakhand for the Lok Sabha polls.

Party general secretary Ambika Soni was present during the meeting besides senior leaders Ghulam Nabi Azad, Janardan Dwivedi and Ahmed Patel, the political secretary to the Congress chief.

After the meeting, party sources said that a decision on continuance or otherwise of Bahuguna as Chief Minister will be taken soon.

An AICC team will visit Dehradun in the first week of February to oversee the change of guard in the hilly state.

Bahuguna took over as the chief minister after the Congress emerged as the single largest party in elections to the state Assembly in March 2012.

Bahuguna has been under pressure ever since he was appointed. The flash floods that hit Uttarakhand last year and the massive rescue and rehabilitation work they entailed also brought his leadership skills into question.

Incidentally, delegations of MLAs and other Congress leaders from the State have been regularly meeting central party leaders in Delhi over the past six months to press for Bahuguna’s ouster.

The Congress, with 33 members in the Assembly, enjoys the support of the seven-member Progressive Democratic Front that comprises three independents, three members of the BSP and one MLA of the Uttarakhand Kranti Dal. The remaining 30 MLAs are of the BJP.