Ahead of next year's budget, ASSOCHAM bats for imposition of penalty on political parties in case of non-filing of income tax returns

In a memorandum submitted to Revenue Secretary Shatikanta Das on Friday, Apex industry chamber, The Associated Chambers of Commerce and Industry of India (Assocham) has made a case for political parties to pay a tax of 30 per cent on all anonymous donations received by such outfits. 

 

ASSOCHAM has also suggested that political parties who do not file their income tax returns on time should be visited with penalties.

It is surprising to note that the income tax law has not prescribed any penalty for non-filing of income tax return by a political party, the chamber said. 

“There is a need to amend income tax law to provide penalty in case a political party fails to file the return of income in time”, the pre-budget memorandum said. 

On anonymous donations, Assocham said that facts available in the public domain showed that more than 75 percent of the donation received by the political parties fell in the category of voluntary contribution not in excess of Rs. 20,000. 

This meant no trail of the name and address of the person who had made such contributions, the chamber has said. 

Currently, the income tax law requires a political party to maintain records of only those voluntary contributions that are in excess of Rs. 20,000.

Delhi High Court: PIL challenging boxer Sarita Devi's suspension by International Boxing Association listed for further consideration on December 17

A Public Interested Litigation has been filed before the Delhi High Court challenging the decision taken by the International Boxing Association decision to suspend boxer Laishram Sarita Devi for refusing to accept the bronze medal at the Asian Games podium ceremony in South Korea earlier this year. 

Sarita Devi

 

The petition filed by senior advocate Mr. Rajiv Dutta has sought a direction to the Centre to take due cognizance of the rules and regulations framed by Court of Arbitration for Sports (CAS) situated in Lausanne for settling disputes. It also seeks a direction to the Centre to exercise its inherent power to direct the respective local federations and associations situated within its jurisdiction to incorporate the CAS Arbitration Clause within their respective rules.

A PIL which came up for admission before a Division Bench of Chief Justice G Rohini and Justice RS Endlaw, was posted for further consideration of the Court on December 17. The Bench also directed the petitioner to furnish a copy each of CAS rules to the Centre and the Indian Olympic Association.

The petitioner contends the Centre has failed to consider that athletes registered with the local federations like Boxing India do not have any recourse against punitive measures recommended by international forums. It is averred in the petition that the incident involving Sarita Devi is merely an indication of the larger malaise prevalent in the sports administration and particularly in sports federations.

The petition seeks to ensure that there are clear guidelines and a framework in place to ensure that such an incident does not recur by implementing clear procedures for dispute settlement within the sports bodies.  The petitioner has sought for the issuance of a direction to the Centre and the Indian Olympic Association to take immediate and urgent steps to file appropriate legal remedies against the suspension decision taken by the international boxing association pursuant to decision dated October 21 taken by its disciplinary committee

It alleges that there is absolutely no clarity on resolution of disputes in the event that an international body like International Boxing Association takes any coercive action against individual sports persons, as has occurred in the case. The petitioner has also sought for the issuance of a direction to the Centre to take due cognizance of the rules and regulations framed by Court of Arbitration for Sports (CAS) situated at Lausanne, Switzerland, especially rules relating to referring sports disputes to arbitration.

Delhi High Court refuses to prohibit astrology-based shows on Television

The Delhi High Court has refused to prohibit astrology-based shows on television saying it was not in its domain to prescribe what the programming code should be.

Delhi High Court

A Division Bench of the Delhi High Court comprising of Chief Justice G. Rohini and Justice R.S. Endlaw, which was hearing a petition filed by a NGO, Sai Lok Kalyan Sanstha represented by its President Ajay Gautam, said since there was already a regulatory mechanism in place,  and therefore, any direction in this regard is not required.

“As far as astrology is concerned, astrology/ zodiac/ prediction/ forecast are to be found not only on television but also in the print and news media. Astrology is a subject being taught in the universities and is not confined to India alone.

“In fact the most popular international publication on ‘forecast’ is of a foreign author named Linda Goodman. We therefore do not find it appropriate to also prohibit astrological programmes/ advertisements to the extent they are not in violation of the Programme Code and the Advertising Code,” the Bench said.

It also held that the petitioner is required to either approach the Ministry of Information and Broadcasting or the Advertising Standards Council of India or the Broadcasting Content Complaints Council or the authorised officer under the Cable Television Networks (Regulation) Act for the redressal of his grievance.

“As far as the programmes based on astrology are concerned, the Legislature/ government having laid down the Programme Code and the Advertising Code, it is not in the domain of this court to prescribe as to what the code should be,” the Bench added. 

The petitioner had averred in its petition that “huge amount of money is changing hands and the physical and mental well being of citizen is at stake.”

“The existing laws and regulation have proved totally inadequate to check all these superstitions. These programs also do not derive any validity from the established religious institutions,” it said.

The petition had also sought direction to stop the “illegal activities” of the television channels which are continuing their business in violation of various acts, rules, regulations and guidelines, issued by the ministry of information and broadcasting.

It had alleged that “in this process of making money, many channels have compromised with ethics, and are also acting in breach of rules and law particularly provisions of Drugs and Magic Remedy Act and rules framed under Cable Television Network Regulation Act framed by Information and Broadcasting Ministry”.