PAN-Aadhaar linking mandatory for filing IT return: SC

Agencies
February 6, 2019

New Delhi, Feb 6: The Supreme Court has said that linkage of PAN with Aadhaar is mandatory for filing of Income Tax returns.

A bench comprising Justices A K Sikri and S Abdul Nazeer said the top court has already decided the matter and upheld the section 139AA of the Income Tax Act.

The court's direction came on an appeal filed by the Centre against a Delhi High Court order allowing two persons, Shreya Sen and Jayshree Satpute, to file Income Tax returns for 2018-19 without linking their Aadhaar and PAN numbers.

The top court noted that with regard to Assessment Year 2018-19, it has been informed that the two petitioners had filed the Income Tax returns in terms of the orders of the High Court and the assessment has also been completed.

"We, therefore, make it clear that for the assessment year 2019-20, the income tax return shall be filed in terms of the judgment passed by this court. The special leave petition is disposed of in the above terms," the bench said in an order on Monday.

The apex court on September 26 last year had declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.

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News Network
March 27,2024

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New Delhi, Mar 27: The government has objected strongly to remarks by a US State Department spokesperson on Delhi Chief Minister Arvind Kejriwal's arrest last week in connection with the alleged liquor policy scam.

The External Affairs Ministry summoned Gloria Berbena, the US' Acting Deputy Chief of Mission, to a 40-minute meet at its office in Delhi on Wednesday afternoon. In a brief statement released shortly afterwards, the MEA warned of "unhealthy precedents and against "unwarranted aspersions".

"States are expected to be respectful of the sovereignty and internal affairs of others, and this responsibility is even more so in case of fellow democracies. It could otherwise end up setting unhealthy precedents," the External Affairs Ministry said.

"India's legal processes are based on an independent judiciary which is committed to objective and timely outcomes. Casting aspersions on that is unwarranted," the statement stressed.

On Tuesday the US State Department said it is monitoring reports of Mr Kejriwal's arrest, and called on New Delhi to ensure "a fair and timely legal process" for the jailed Aam Aadmi Party leader.

The US State Department's comments came, in turn, days after Germany's Foreign Office stressed that Mr Kejriwal, like any other Indian citizen facing charges, is entitled to a fair and impartial trial.

The Indian government reacted strongly to the comment, summoning the German envoy and labelling the Foreign Office spokesperson's remark "blatant interference in internal matters".

"We see such remarks as interfering in our judicial process and undermining the independence of our judiciary," the External Affairs Ministry said, "Biased assumptions are most unwarranted."

Asked about India's protest to Germany, the State Department spokesperson told Reuters, "We refer you to the German Foreign Ministry for comment on their discussions with the Indian government."

Earlier this month the Modi government also took exception to comments by its counterpart on the changes to the citizenship law, calling them out as "misplaced, misinformed, and unwarranted".

Arvind Kejriwal was arrested by the Enforcement Directorate last week in connection with the alleged liquor policy scam that has roiled his AAP and provoked furious protests from the opposition ahead of the 2024 Lok Sabha election. Mr Kejriwal was this week sent to jail till March 28.

The Enforcement Directorate believes the now-scrapped liquor policy provided an impossibly high profit margin of 185 per cent for retailers and 12 per cent for wholesalers. Of the latter, six per cent - over ₹ 600 crore - were bribes and the money was allegedly used to fund the AAP's poll campaigns.

The ED has labelled the Chief Minister as a key conspirator in this case, but Mr Kejriwal and party colleagues arrested in this matter - ex-Deputy Chief Minister Manish Sisodia, Rajya Sabha MP Sanjay Singh, and former Health Minister Satyendar Jain - have all denied the charges.

The AAP and the opposition have hit out at the BJP-led central government for using central agencies, like the ED, to target rivals and critics before the general election. The AAP has criticised Mr Kejriwal's arrest on grounds it was timed to interfere with his plans to campaign for the party.

The BJP has dismissed claims it uses central agencies as described by the opposition.

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March 21,2024

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New Delhi: India has now become more unequal in terms of wealth concentration than the British colonial period as income and wealth of the top 1% of the country’s population have hit historical highs, according to a paper released by World Inequality Lab.

By 2022-23, the top 1 per cent income share in India was 22.6 per cent and the top 1 per cent wealth share rose to 40.1 per cent, with India’s top 1 per cent income share among the very highest in the world, higher than even South Africa, Brazil and the US.

Co-authored by economists Nitin Kumar Bharti, Lucas Chancel, Thomas Piketty, and Anmol Somanchi, the paper stated that the “Billionaire Raj” headed by “India’s modern bourgeoisie” is now more unequal than the British Raj headed by the colonialist forces. 

The paper said there is evidence to suggest the Indian tax system might be “regressive when viewed from the lens of net wealth”. A restructuring of the tax code is needed, the paper said, adding that a levy of a “super tax” of 2 per cent on the net wealth of 167 wealthiest families would yield 0.5 per cent of national income in revenues and create space for investments.

“A restructuring of the tax code to account for both income and wealth, and broad-based public investments in health, education and nutrition are needed to enable the average Indian, and not just the elites, to meaningfully benefit from the ongoing wave of globalisation. Besides serving as a tool to fight inequality, a “super tax” of 2% on the net wealth of the 167 wealthiest families in 2022-23 would yield 0.5% of national income in revenues and create valuable fiscal space to facilitate such investments,” the paper said. 

The paper has analysed data based on the annual tax tabulations published by the Indian income tax authorities to extract the distribution of top income earners between 1922-2020.

The share of national income going to the top 10 per cent fell from 37 per cent in 1951 to 30 per cent by 1982 after which it began steadily rising. From the early 1990s onwards, the top 10 per cent share increased substantially over the next three decades, nearly touching 60 per cent in the most recent years, the paper said. This compares with the bottom 50 per cent getting only 15 per cent of India’s national income in 2022-23.

 The top 1 per cent earn on average Rs 5.3 million, 23 times the average Indian (Rs 0.23 million). Average incomes for the bottom 50 per cent and the middle 40 per cent stood at Rs 71,000 (0.3 times national average) and Rs 1,65,000 (0.7 times national average), respectively.
The richest, nearly 10,000 individuals (of 92 million Indian adults) earn on average Rs 480 million (2,069 times the average Indian). “To get a sense of just how skewed the distribution is, one would have to be at nearly the 90th percentile to earn the average income in India,” the paper said.

In 2022, just the top 0.1 per cent in India earned nearly 10 per cent of the national income, while the top 0.01 per cent earned 4.3 per cent share of the national income and top 0.001 per cent earned 2.1 per cent of the national income.

Enlisting the probable reasons for sharp rise in top 1 per cent income shares, the paper said public and private sector wage growth could have played a part till the late 1990s, adding that there are good reasons to believe capital incomes likely played a role in subsequent years. For the shares of the bottom 50 per cent and middle 40 per cent remaining depressed, the paper said, the primary reason has been the lack of quality broad-based education, focused on the masses and not just the elites.

“One reason to be concerned with such high levels of inequality is that extreme concentration of incomes and wealth is likely to facilitate disproportionate influence on society and government. This is even more so in contexts with weak democratic institutions. After largely being a role model among post-colonial nations in this regard, the integrity of various key institutions in India appears to have been compromised in recent years. This makes the possibility of India’s slide towards plutocracy even more real. If only for this reason, income and wealth inequality in India must be closely tracked and challenged,” it said.

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News Network
March 27,2024

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The Enforcement Directorate has filed a money laundering case against Kerala Chief Minister Pinarayi Vijayan's daughter Veena Vijayan, her IT company and some others to probe a case of alleged illegal payments made by a private mineral firm to her and the company, official sources said Wednesday.

The agency has registered a case under the Prevention of Money Laundering Act (PMLA) and is expected to summon the people involved, the sources said.

The ED case has been booked after taking cognisance of a complaint filed by the Serious Fraud Investigation Office (SFIO), an investigative arm of the Union corporate affairs ministry, they said.

The case stems from an Income Tax Department investigation that alleged that a private company called Cochin Minerals And Rutile Ltd (CMRL), made an illegal payment of Rs 1.72 crore to Veena's company-- Exalogic Solutions-- during 2018 to 2019, even though the IT firm had not provided any service to the company.

The Karnataka High Court had last month dismissed a plea filed by Exalogic Solutions against the probe initiated by the SFIO.

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