A public prosecutor representing the state in criminal cases need not divulge details of the legal opinion given to the government as it is privileged communication, the Madras High Court has ruled. In a similar case Supreme Court said that a judge could not be asked under the Right to Information (RTI) Act as to how and why he came to a particular conclusion in a judgment.
Can a judge be asked under the Right to Information (RTI) Act as to why and how he came to a particular conclusion in a judgment? No, says the Supreme Court. The apex court saw the mischief potential of queries under the RTI Act in relation to a judge and his judgments and a Bench comprising Chief Justice K G Balakrishnan and Justice B S Chauhan firmly said that a judge speaks through his judgments and he could not be made to answer questions relating to his verdict in a case.
The finance ministry, upset with the new rules for calculating foreign direct investment (FDI) in Indian companies, has sought to overhaul the entire policy to shut ‘loopholes’ that allow investors to breach sectoral FDI caps through investments via offshoots. In a fresh missive to the Department of Industrial Policy and Promotion (DIPP), the government body responsible for framing foreign investment policy, the ministry has asked for a review of the policy that has caused much confusion among investors, foreign and Indian.
In exercise of the powers conferred by sub-section (1B) of section 129A of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following further amendments in the notification of Government of India, Ministry of Finance, Department of Revenue, No. 39/2005-Customs ( N.T.) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.307(E) , dated the 13th May, 2005, namely:-
The forthcoming budget may contain provisions for taxing the undistributed dividend of foreign corporations that are controlled or owned by Indian companies. Controlled Foreign Corporations (CFCs) laws enable the authorities to tax the income of a resident derived from a foreign corporation. This is irrespective of whether the profit/dividend of the foreign entity is transferred to India or not.
Notification No. 01/2010- Customs (N.T.)- In exercise of the powers conferred by sub-section (1B) of section 129A of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby makes the following further amendment in the notification of the Government of India, Ministry of Finance, Department of Revenue, No. 49/2005-Customs (N.T.) published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R.410(E),dated the17th June, 2005, namely :-
In line with the Orissa government’s commitment to usher a new era of e-governance, the state on Monday introduced hassle-free e-registration of sale and purchase of land through the public private partnership . Inaugurating the e-registration system here at a crowded meeting, chief minister Naveen Patnaik asserted that this move would ensure faster, simpler, accurate system of automation for all the 64 types of deeds in 177 sub-registrar offices as centers”.
The life insurance industry wants service tax on fund management charges to be withdrawn, as is the case with mutual funds. The Life Insurance Council-the representative body of life insurers-will shortly make a presentation to the finance ministry urging the introduction of a uniform taxation platform for the life insurance sector.
We have heard the rival submissions and perused the material available on record. In terms of provisions of section 47 (xiv) of the Act I any transfer of a capital asset will not be regarded as transfer liable to capital gains tax, if the conditions under Clauses (a),'(b) & (c) of the said Section are complied with. Sub-clause(a) specifies that all assets and liabilities have to be transferred by the sole proprietory concern to the company.
The carrying of a huge sum itself gives rise to a legitimate suspicion; the intelligence officers of revenue are, therefore, entitled to satisfy themselves, not only that the money is from a legitimate source, but also satisfy themselves that such a large amount is being carried for a legitimate purpose; therefore, even if the carrier is not guilty of any offence in carrying the money, the verification or seizure may be warranted to ensure that the money is not intended for commission of a crime or offence.
