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ABOUT ME EDUCATOR AT UNACADEMY SINCE JUNE,2017 KNOWLEDGE IS POWER . Computer science graduate from JIIT,Noida Work experience of 2+ years in MNC Published app developer, writer by passion Interest: Music,reading non fiction and watching good tv series Follow me for my other courses: https://unacademy.com/userAmitBaghel
Sept 19, 2017 EDITORIAL Questions about the GST cess Introduction . As part of the Goods and Services Tax (GST) reforms, a new levy called the GST Compensation Cess has been introduced to make good apprehended losses to States in the first five years of GST implementation. . The Cess has been introduced through the GST (Compensation to States) Act, 2017 and is levied on inter- and intra-State supply of notified goods such as aerated drinks, coal, tobacco, automobiles and the ambiguous category of other supplies'. The proceeds of the cess will be distributed to loss-incurring States on the basis of a prescribed formula The schedule to the Act mentions the maximum rates of the cess, which extend to 290%
Constitutional scheme on cesses . The Constitution recognizes the government's power to raise revenues by imposing cesses. A cess is typically a tax for a specific purpose . As per Article 270 of the Constitution, cesses imposed by the Parliament for earmarked purposes need not be shared with state governments. The proceeds are retained exclusively with the Union government, which should ideally be used for their stated purpose. Dilution of characteristics . While the policy flip-flop on the rates reveal the ad hoc implementation of the cess, there remains much to be said about the legal validity of the Act. . In the past, cesses were imposed by the Central government to raise finances for specific industries and labour welfare within chosen industries. If compensating State governments is considered to be a specific purpose, any general revenue raising measure can be considered to be backed by an earmarked purpose Once the money is transferred to State governments, it can be used to fund just about any scheme and may even be used merely to adjust the respective State government's fiscal deficit.
Further, there is no relation between the persons contributing to the cess and the recipients, the State governments. All these factors make the cess look more like an additional tax or surcharge which becomes problematic as surcharge on the GST is prohibited under Article 271 Section 18 of the 122nd Constitution Amendment Bill, 2014 proposed a 1% additional tax to compensate States but this was withdrawn while enacting the Amendment Act. As per Article 279A(4)(), the GST Council's power to recommend a special rate is confined to raising additional resources during any natural calamity or disaster. The cess cannot be justified under such power either. Thus it appears that by enacting the cess, Parliament is seeking to do indirectly that which cannot be done directly, which amounts to it being a colourable piece of legislation. The goods identified in the Act, such as aerated drinks, coal, tobacco, automobiles and the ambiguous category of "other supplies", do not form a distinct category or class deserving the liability to pay the cess so as to compensate States, and it is doubtful it will succeed if tested under the anvil of the right to equality under Article 14
Sept 19, 2017 NEWS Shell shock: Govt. 'names and shames' directors . In a first-of-a-kind 'name and shame' exercise, the Ministry of Corporate Affairs (MoCA) has Directors cut begun making public the lists of disqualb directors across the nation as well as those associated with struck-off companies The move is part of actions to break the network Ahmedab of 'shell companies' and further the fight against Cuttack4760 black money/money laundering, dc or shel comanle wee denthed en disqualified in a government exercise. The top 5 region-wise: RegkonDirectors in strudk ReglonDisquallfied Chennai off companies 24,048 directors Delhi 74,920 2692Mmbal6851 Ernakulam 12,000 Hyderabad 41156 Emakulam 14,000 13,383 Shillong 670 Cuttack
Sept 19, 2017 NEWS Rohingya have terror links Centre . The Centre told the Supreme Six additional judges elevated Court that the Rohingva were a serious threat to national security with links to terror outfits, such as the Islamic State, and those in Pakistan and other countries The President elevated six additional judges of the Telangana and Andhra Pradesh High Court to the rank of permanent judge. Additional judges are initially appointed for a term of two years and elevated to the rank of permanent judge if no adverse reports are recorded against them . Unless the government took action now, illegal immigrants like the Rohinava would eat into welfare meant for Indias citizens Against a sanctioned strength of 61 judges, the Telangana and Andhra Pradesh High Court has been functioning with a working strength of 27; and 34 vacancies are vet to be filled.
Sept 19, 2017 NEWS T.N. Speaker disqualifies 18 rebel AIADMK MLAs Tamil Nadu Assembly Speaker disqualified 18 dissident ruling AlADMK MLAs. MLAs have "incurred disqualification" under Article 191 (2) of the Constitution read with Clause (a) Sub-paragraph (1) of the Paragraph 2 of the Tenth Schedule and they ceased to be members with immediate effect
Sept 19, 2017 NEWS Telecom operators seek more time to meet quality The telecom industry has urged regulator TRAI to consider a six-month extension to the October 1 deadline it had set for implementation of new and more stringent quality of services norms. . By shifting the Quality of services (QoS) measurement and its compliance from the average basis to a percentile basis, TRAI had made the compliance requirement much more stringent than the existing requirement. New methodology . Under the new regulation, TRAl has recommended a new calculation methodology for Dropped Call Rate (DCR), which will be measured at the mobile tower level instead of telecom circle. why ? The average taken at circle level would hide many things. It did not take care of temporary or spatial problems. Therefore, TRAI has decided that 90% BTSs (base transceiver station) should meet 2% call drop benchmark (in a quarter) The TRAl also fixed benchmark for radio-link time out technology (RLT)- allegedly used by operators for masking call drops. With help of this technology, the calls remains connected even if a consumer moves to poor network coverage area for which he is billed. . In addition, telcos may face a maximum penalty of 10 lakh if they fail to meet the benchmark for three consecutive quarters
Sept 19, 2017 NEWS Trump calls for 'bold reforms' at UN U.S. President Donald Trump criticised the UN for bloated bureaucracy and mismanagement on his first visit to UN headquarters, calling for "truly bold reforms" so it could be a greater force for world peace In recent years the United Nations has not reached its full potential because of bureaucracy and mismanagement The United Nations must hold every level of management accountable, protect whistleblowers and focus on results rather than on process. . More than 120 countries were invited to attend Monday's reform meeting to initiate effective, meaningful reform HRW calls for sanctions the Human Rights Watch called for targeted sanctions and an arms embargo against the Myanmar military in response to an offensive that has sent 410,000 Rohingya Muslims fleeing to Bangladesh.
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