News Update

I-T - Anything made taxable by rule-making authority u/s 17(2)(viii) should be 'perquisite' in form of 'fringe benefits or amenity': SCCus - Drawback - Revenue contends that appeal of exporter ought to have been dismissed by Tribunal as not maintainable since correct remedy was filing a revision application with Central government - Appeal disposed of: HCCus - CHA - AA has clearly brought out the modus adopted by the appellant and how he was a party to the entire under valuation exercise - Factual finding affirmed by Tribunal - No question of law arises for consideration: HCGST - Proper officer has not applied his mind while passing the order; confirmed demand by opining that reply is not satisfactory - Proper Officer is directed to withdraw all punitive actions taken against petitioner pursuant to impugned order: HCGST - Proper Officer had to at least consider the reply on merits and then form an opinion - Non-application of mind - Order set aside and matter remitted for re-adjudication: HCGST - Cancellation of registration for non-filing of returns - Suspension/revocation of license would be counterproductive and works against the interest of revenue - Pragmatic view needs to be taken to permit petitioner to carry on his business: HC86 flights of AI Express cancelled as crew goes on mass sick leaveTax Refund Conundrum - Odyssey of Legal MisstepsI-T- AO not barred from issuing more than one SCN; Fresh SCN seeking information is not without jurisdiction, more so where HC itself directed re-doing of assessment: HCMurthy launches Capacity Building on Design and Entrepreneurship programCash, liquor & drugs worth Rs 110 Cr seized from Jharkhand ahead of pollsI-T- Appeal before CIT(A) (NFAC) is rightly dismissed where it has been delayed by over one year without just & reasonable cause: ITATPoll-induced stress: 2 Bihar officials die of heart attack at polling boothsSixth Edition of Commandants' Conclave held in PuneSome Gujarat villages keep away from polls over unfulfilled demands from governmentI-T- Re-assessment unsustainable, where based on third party statements & not corroborated by incriminating evidence: ITATRoof-hugging inflation nudges Argentina to print first lot of 10,000 notes of pesoI-T- Re-assessment invalidated where triggerred by change of opinion, on account of being based on material already available during original assessment: ITATInvestigation finds presence of ‘boys club’ strands of culture at American bank regulatorST - Civil work for construction of tower in port area, is exempt from tax as per Notfn No 25/2007-ST; constructing draining pipes for municipal corporation is not commercial activity & so no Service Tax is payable thereon: CESTATUS alleges Russia shipping oil to North Korea more than UN-fixed quotaCus - That appellants were aware of dutiable nature of Gold found from baggage & of procedure for declaration at Customs, reveals intent to smuggle said Gold without payment of tax - conditions for valid import of Gold not satisfied either; absolute confiscation upheld: CESTATUS cancels licence to some firms found exporting materials to HuaweiCX - Excise duty is determines based on how goods are cleared - What happens to goods post their removal, is not manufacturer's lookout, unless manufacturer is involved in fraud or wilful mis-declaration: CESTATRenewables accounted for 30% of global power supply in 2023: StudyCX - Manufacturer of Single Sugar Phosphate (SSP) meant for agricultural use, cannot be held liable for use of SSP for industrial purposes, by a tertiary purchaser of SSP: CESTATCLAT 2024 exams to be held on Dec 1ST - Since the demand itself is not sustainable, question of demanding interest and imposing penalty does not arise: CESTAT
 
UN Experts urge Govt of India to halt POSCO steel project to address human rights concerns

By TIOL News Service

NEW YORK, OCT 02, 2013: UN independent experts have urged India to immediately halt the construction of a massive steel plant in the eastern state of Odisha, which threatens to displace more than 22,000 people Jagatsinghpur District and disrupt the livelihoods of thousands more in the surrounding area.

“The construction of a massive steel plant and port in Odisha by multinational steel corporation POSCO must not proceed as planned without ensuring adequate safeguards and guaranteeing that the rights of thousands of people are respected,” the experts stressed in a news release.

The experts brought their concerns to the attention of the Indian Government, as well as the POSCO corporation and the Republic of Korea (ROK), where POSCO is based, following allegations of human rights abuses and potential negative human rights impacts linked to the project.

“We call on the Government of India to live up to its ‘duty to protect’ and suspend the POSCO project while the alleged human rights concerns are being examined and addressed,” they said.

They also urged POSCO to respect human rights throughout all stages of their activities, ensure meaningful consultations with potentially affected stakeholders, carry out a human rights impact assessment, and act on and incorporate its findings into the project operations in order to avoid, mitigate, and ensure remedy any human rights impacts.

“Forced evictions constitute gross violations of human rights,” said the Special Rapporteur on adequate housing, Raquel Rolnik, “and may only be carried out in exceptional circumstances and in a manner consistent with human rights law, including after a genuine consultation, without leaving people homeless or vulnerable to further human rights violations.”

The Special Rapporteur on the right to food, Olivier De Schutter, warned that forcibly removing people from their lands could be tantamount to depriving them of their means of subsistence.

“People who would be evicted for the POSCO project have relied on their lands for generations in order to obtain adequate food and sustain themselves and their families,” he said.

The Special Rapporteur on extreme poverty and human rights, Magdalena Sepúlveda, stressed that people should not be impoverished in the name of development, and projects like these should not go ahead without the meaningful participation and consent of the community affected.

The POSCO steel project would also affect access to water and sanitation for residents in the area as it would withdraw an estimated 38 million litres (10 million gallons) of water every day from the water sources that supply the nearby cities of Cuttack and Bhubaneswar.

Catarina de Albuquerque, the Special Rapporteur on water and sanitation, pointed out that access to safe drinking water and sanitation for nearby residents must be guaranteed and prioritized ahead of the water required for large-scale investment projects.


POST YOUR COMMENTS
   

TIOL Tube Latest

Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.


Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.