Tag: showcause

Stay on show-cause notice to Anil Ambani under Black Money Act to continue: Bombay HC

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Mumbai: The Bombay High Court on Wednesday continued till further orders an interim stay on show-cause notice and penalty demand issued to industrialist Anil Ambani by the Income Tax department under the Black Money Act.
A division bench of Justices Gautam Patel and Neela Gokhale posted Ambani’s petition challenging the notice and penalty demand for hearing on April 28, and gave time to the IT department to file its reply.
The HC had in September 2022 granted an interim stay to the show-cause notice pending hearing.

In March this year, Ambani’s lawyer Rafique Dada informed the court that the department later also issued a penalty demand notice to his client.
The court then granted interim stay to the demand notice too.
On Wednesday, when the petition came up for hearing, advocate Akhileshwar Sharma, appearing for the IT department, sought two weeks to file a “comprehensive affidavit” in response to the amended petition.
“The petition has been amended adding some more IT officials as respondents and (the petitioner) has also annexed certain new documents. The department wants time to file a comprehensive affidavit,” Sharma said.
The court directed that the affidavit be filed by April 21.

“The petition shall be listed for hearing on April 28. The interim orders passed earlier — stay on the show-cause notice and the penalty demand — shall continue till further orders,” the bench said.
The IT department issued a notice to Anil Ambani on August 8, 2022, for allegedly evading Rs 420 crore in taxes on undisclosed funds of more than Rs 814 crore held in two Swiss bank accounts.
The industrialist was liable to be prosecuted under Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act of 2015 which prescribes a maximum sentence of 10 years with fine, the IT notice said.
The department charged Ambani with “wilful” evasion, saying he “intentionally” did not disclose his foreign bank account details and financial interests.
Ambani in his petition claimed that the Black Money Act was enacted in 2015 and the alleged transactions were of assessment years 2006-2007 and 2010-2011.
The provisions of the Act cannot have retrospective effect, he argued.
According to the IT department’s notice, Ambani was an “economic contributor as well as beneficial owner” of Bahamas-based “Diamond Trust” and British Virgin Islands-incorporated Northern Atlantic Trading Unlimited (NATU).
He “failed to disclose” these foreign assets in his income tax return (ITR) filings and hence violated the Black Money Act, it said.
The act was brought in by the Narendra Modi government soon after it came to power in 2014.
IT officials assessed the total value of undisclosed funds in the two Swiss Bank accounts at Rs 8,14,27,95,784 (Rs 814 crore) and tax payable on this amount at Rs 4,20,29,04,040 (Rs 420 crore).
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#Stay #showcause #notice #Anil #Ambani #Black #Money #Act #continue #Bombay
( With inputs from www.siasat.com )

April 5, 2023
41 Employees served show-cause for un-authorized absence from duties at B’gam

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BUDGAM, MARCH 10: As many as 41 employees were served show- cause notice for their un-authorized absence from duties in Budgam today.
Under the directions of Deputy Commissioner Budgam, an inspection team led by Additional Deputy Commissioner (ADC), Budgam, Dr Nasir Ahmad conducted surprise inspections of various office at DC Office, KPDCL and other offices and 41 employees were found un-authorizedly absent from their duties.
While checking the attendance (Bio- Metric), 41 employees of various categories have been found absent and served show- cause notice as to why action as warranted under rules shall not be initiated against them.
Meanwhile, DC Budgam S F Hamid said that these employees were found unauthorisedly absent from their duties which is complete dereliction and lackadaisical approach towards legitimate duties and warrants disciplinary action under rules. The absentees have been directed to explain their position within stipulated timeframe, failing which action as warranted under rules will be initiated against them.
He said that the government has adopted zero tolerance against the dereliction of duties by employees.
He further directed employees to perform their duties regularly in letter and spirit and ensure prompt services delivery to the general public.
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#Employees #served #showcause #unauthorized #absence #duties #Bgam

( With inputs from : roshankashmir.net )

March 10, 2023
Andhra HC stays show-cause notice issued to employees’ body

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Amaravati: Andhra Pradesh High Court on Wednesday granted stay on the show-cause notice issued by the state government to leaders of the Government Employees Association (APGEA) for meeting state governor to seek his intervention to ensure payment of salaries and pensions on time.
Hearing a petition filed by APGEA leaders challenging the show-cause notice, Justice Ravinath Tilahari granted a stay and directed the government to file a counter.
A delegation of APGEA leaders led by its president K. R. Suryanarayana had met Governor Biswa Bhusan Harichandan on January 19 and submitted a memorandum to him on the problems faced by the employees.
The delegation requested the governor to issue necessary advice to the government as he is competent authority as per the Article 309 of the Constitution to intervene in the affairs of the government employees.
After the meeting, APGEA leaders told media persons that they were compelled to meet the governor as all their efforts to resolve the grievances through the state government had failed.
However, taking a serious note of the action of APGEA leaders, the government had issued a show-cause notice on January 23 asking them to explain why their association should not be derecognized.
Suryanarayana had challenged the show-cause notice in the high court. The court on January 31 directed the government not to take action against the APGEA.
During the previous hearing, the judge had posed several questions to the government. He wanted to know if the rights guaranteed by Article 19 of the Constitution are not applicable for APGEA. He asked the government if it mentioned in the show-cause notice what rules the APGEA violated while speaking to the media.

Petitioner’s counsel Ravi Prasad told the court that according to the 1990 Financial Code, salaries to government employees should be paid on the last working day of every month but employees are not getting current month salaries till 15th of next month.
Suryanarayana alleged that the state government is not honouring the commitment to pay the salaries and pensions on the first of every month. The AGEA leader said the government also withdrew the GPF amount of Rs.415 crore from the accounts of over 90,000 employees without their permission. He termed this a “serious” financial fraud.
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#Andhra #stays #showcause #notice #issued #employees #body
( With inputs from www.siasat.com )

February 15, 2023
Visva Bharati student gets show-cause notice for backing Amartya Sen on social media

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Kolkata: Visva Bharati university authorities have issued a show-cause notice to one of its students after the latter supported Nobel laureate Amartya Sen on social media over the current row where the university Vice Chancellor Bidyut Chakraborty has accused the economist of unauthorised occupation of the university land in excess of his legal entitlement.
The student, Somanath Sou, is an active member of the CPI(M)’s student wing Students’ Federation of India (SFI). Recently he made a post on social media condemning the attitude of the university authorities towards Sen in the current row.
He said in his post that this is nothing but unnecessarily harassing the globally acclaimed educationist and economist. According to him, certain elements are constantly advising the vice-chancellor that by harassing Sen he would get the support of the BJP.
According to Sou, from the land records it is clear that Sen is legally entitled to the entire land including the 13 decimals of land which the university authorities claim to be held by him beyond his legal entitlement. “The real truth must be revealed since in this process an aged and globally acclaimed educationist is being harassed unnecessarily. The university authorities should come out with papers in support of their baseless claims,” he wrote in his social media post.
Soon after that he was slapped with the show-cause asking him why disciplinary action should not be taken against him for being vocal against the university despite being a student there. In the notice Sou has been warned of strong disciplinary action if he repeats a similar action in the future.
On February 11, Sen’s advocate issued a legal notice to the university authorities asking the latter to tender a public apology for their derogatory comments in connection with the continuing row over 13 decimals of land occupied by him. “The university authorities should apologise for making such derogatory comments. Else appropriate legal action will be taken,” said Sen’s counsel Gorachand Chakroborty.
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#Visva #Bharati #student #showcause #notice #backing #Amartya #Sen #social #media
( With inputs from www.siasat.com )

February 14, 2023