News Update

Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
Upswing in political sensitivity in India: Number of unrecognised political parties goes up by more than 100% since 2004

By TIOL News Service

NEW DELHI, MAR 09, 2014: ANY Indian citizen who is more than 25 years old and is registered as a voter can contest elections even without forming a party. Similarly, associations can also contest elections without getting registered by the Election Commission. They, however, will not be identified as political parties and hence will not be eligible for availing of benefits under the provisions of the Representation of the People Act, 1951 (RPA).

There are many benefits of registering a party. Firstly, the RPA allows political parties to accept contributions voluntarily offered to it by any person or company other than a government company. Apart from this, candidates of registered parties get preference in allotment of election symbols. Other Candidates are identified as independents and do not get preference in symbol allocation.

Registered political parties, in course of time, can get recognition as `State Party' or National Party' subject to the fulfillment of the conditions prescribed by the Commission in the Election Symbols (Reservation and Allotment) Order, 1968, as amended from time to time.

If a party is recognised as a State Party', it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it in the State in which it is so recognised, and if a party is recognised as a `National Party' it is entitled for exclusive allotment of its reserved symbol to the candidates set up by it throughout India. Recognised `State' and 'National' parties need only one proposer for filing the nomination and are also entitled for two sets of electoral rolls free of cost at the time of revision of rolls and their candidates get one copy of electoral roll free of cost during General Elections. Further they get broadcast/telecast facilities over Akashvani/Doordarshan during general elections. Political parties are entitled to nominate “Star Campaigners” during General Elections. A recognized National or State party can have a maximum of 40 “Star campaigners” and a registered un-recognised party can nominate a maximum of 20 ‘Star Campaigners”. The travel expenses of star campaigners are not to be accounted for in the election expense accounts of candidates of their party.

A political party shall be treated as a recognised political party in a State, if and only if the political party fulfills any of the following conditions:

Ø At General Elections or Legislative Assembly elections, the party has won 3% of seats in the legislative assembly of the State ( subject to a minimum of 3 seats).

Ø At a Lok Sabha General Elections, the party has won 1 Lok sabha seat for every 25 Lok Sabha seat allotted for the State.

Ø At a General Election to Lok Sabha or Legislative Assembly , the party has polled minimum of 6% of votes in a State and in addition it has won 1 Lok Sabha or 2 Legislative Assembly seats.

Ø At a General Election to Lok Sabha or Legislative Assembly, the party has polled 8% of votes in a State.

For National Status:

Ø The party wins 2% of seats in the Lok Sabha (11 seats) from at least 3 different States.

Ø At a General Election to Lok Sabha or Legislative Assembly, the party polls 6% of votes in four States and in addition it wins 4 Lok Sabha seats.

Ø A party gets recognition as State Party in four or more States.

Both national and state parties have to fulfill these conditions for all subsequent Lokshabha or State elections. Else, they lose their status.

One can see the change in status of National parties and State parties who loses their party position and benefit when they don't fulfill the required qualification of being National or State party for the next election, following chart shown as Figure 1 shows number of political parties registered and participated in General Elections 2004 & 2009 and total number of Political parties as of 14 February, 2014:


National Parties

6

6

State Parties

56

36

Unrecognized Parties

702

173

Total Registered Parties

764

215


National Parties

7

7

State Parties

39

34

Unrecognized Parties

1014

322

Total Registered Parties

1060

363


National Parties

6

State Parties

47

Unrecognized Parties

1563

Total Registered Parties

1616

Source : Election Commission of India


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.