Tax Collection at Source on e-Commerce starts in India from Today

Clarification on doubts arising on account of new Tax Collection at Source (TCS) provisions:

(Press release posted On: 30 SEP 2020 6:47PM by Press Information Bureau Delhi)

There are reports in certain sections of media wherein certain doubts have been raised regarding the applicability of the provisions relating to Tax Collection at Source (TCS) on certain goods introduced vide Finance Act, 2020. This press note is being issued to clarify those doubts about the applicability of these provisions.

Finance Act, 2020 amended provisions relating to TCS with effect from 1st October, 2020 to provide that seller of goods shall collect tax @ 0.1 per cent (0.075% up to 31.03.2021) if the receipt of sale consideration from a buyer exceeds Rs. 50 lakh in the financial year. Further, to reduce the compliance burden, it has been provided that a seller would be required to collect tax only if his turnover exceeds Rs. 10 crore in the last financial year. Moreover, the export of goods has also been exempted from the applicability of these provisions.

It has been reported in the media that TCS has been made applicable to the amount received before 1st October, 2020.  It is clarified that this report is not correct. In this connection, it may be noted that this TCS shall be applicable only on the amount received on or after 1st October, 2020. For example, a seller who has received Rs. 1 crore before 1st October, 2020 from a particular buyer and receives Rs. 5 lakh after 1st October, 2020 would be required to collect tax on Rs. 5 lakh only and not on Rs. 55 lakh [i.e Rs.1.05 crore – Rs. 50 lakh (threshold)] by including the amount received before 1st October, 2020.

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Arun Shourie: The Inefficient with Integrity.

Arun Shourie in my book is a sincere person. Atleast until he sided with likes of Yashwant Sinha and Prashant Bhushan a known carpet bagger. Shouri is author of many well researched masterpieces. My favourite being Eminent Historians. It is an excellent book about the official historians of Nehru’s India and their methods to spin lies.

Integrity vs. Competence.

Between 1999 to 2004 Arun Shouri was Minister for disinvestment. While his honesty is beyond question, his Ministership raises questions about necessity of competence in governance. Integrity can not be a substitute for wisdom. Shourie all his life had no commercial experience yet he was made to sell government properties at best price!! The result was disaster. While it is a good example to quote that a teetotaller is best bar tender, it is not of universal application. A tippler if he keeps restraint, may prove to be more efficient.

Sale at price below market value.

Recently orders have been passed by a court to register an FIR against Arun Shourie, for his action as a minister in the Vajpayee government.

A special CBI court in Jodhpur has ordered a criminal case against Arun Shourie, former disinvestment secretary Pradeep Baijal and three others for alleged corruption and fraud in a government-run hotel in 2002.

Special CBI Judge Puran Kumar Sharma also ordered that the Laxmi Vilas Palace Hotel in Udaipur be handed over to the state government. The court has given this order in the case of disinvestment of Laxmi Vilas Hotel at a much lower price than the market price. The hotel was earlier run by the Tourism Development Corporation of India, but in 2002 it was sold to Bharat Hotels Limited, which now runs the Lalit Group of Hotels.

The judge passed this order while hearing a CBI closure report in the case of alleged loss of Rs 244 crore to the government from the sale of the hotel. The CBI report stated that there was no evidence to initiate prosecution against the accused in the disinvestment process.

However, the court disagreed with the central agency CBI’s argument in the case and criticized it for presenting a closure report. The court said prima facie it appears that the then minister Arun Shourie and the then secretary Pradeep Baijal misused their positions and caused a loss of Rs 244 crore to the central government in the deal.

The other three accused in the case are Ashish Guha, the managing director of the then investment firm Lazard India Ltd, Kantilal Karamsi Vikamsey, the head of the then valuation firm Kanti Karamsi & Co and the chairman of Bharat Hotels Ltd and Jyotsna Suri. The special court ordered that they be booked under sections 120B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code and section 13 (1) D of the Prevention of Corruption Act.

In other words the caucus of these people manipulated to sell a property worth 250 crores at meagre 7.52 crores.

The court said that accused persons should be summoned through arrest warrant. Also, the court ordered the Udaipur district collector to take possession of the hotel immediately.

As stated earlier Arun Shourie was the Union Minister of Communications, Information Technology and Disinvestment in the then government led by former Prime Minister Atal Bihari Vajpayee during 1999-2004.

CBI had registered an FIR on August 13, 2014, alleging that Baijal misused his official position on the basis of preliminary investigation and criminal conspiracy in the disinvestment of the Lakshmi Vilas Palace Hotel. According to the FIR, the hotel was initially valued at Rs 252 crore. But in the end it was disinvested for Rs 7.52 crore.

Arun Shourie was one of the Ministers in Vajpayee Government who even though was not dishonest brought bad name by all his disinvestment deals. All deals were undervalued. It is a lesson for the present Modi Government which is not going out for out right sale and insted of resorting to disinvestment though offloading of its shareholding in Government Companies. Bharat Dynamics was on such company in which Goverment reduced it’s holding by selling 15% shares therein.

India: The country where Prime Minister lives in (technically) Illegal Construction

India must be the only country where every building is illegal in some way or the other.

Media is aghast at the brazen use of power to demolish the house of Kangana Ranawat [spelled (Ranaut)] by Maharashtra Government in Mumbai. But there is nothing surprising. The word draconian falls short to explain the powers given to Municipal Authorities and the brazen corruption. It must be kept in mind that the most corrupt offices and officers are most loyal to political masters. More on that but first try to understand the practical legal situation about building laws in India.

These are excerpts from my ebook titled “Corruption in India: (History, Law and Politics)” in relation to Illegal Constructions:

Illegal Construction

Here I am using the world ‘illegal’ rather loosely and not strict sense. Therefore it includes enchroachment, irregular, unauthorised, condonable, compundable and all other terms used in Building laws to denote what is not permissible in law.

Sanjay Baru was Media Advisor to the Prime Minister of India between 2004-2008 and has written about his tenure in Prime Minister’s Office in his book “Accidental Prime Minister – The Making and Unmaking of Manmohan Singh.” He has also written about the Prime Minister’s residence 7 Lok Kalyan Marg, New Delhi. (At the time of Baru it was called 7 Race Course Road.) Entry to PMO is narrated by Baru in these words:

“I went to meet Dr Singh on Monday at the prime minister’s sprawling official residence, 7 Race Course Road—7 RCR as it is popularly called—at the edge of Lutyens’ Delhi and bordering diplomatic enclave. After Rajiv Gandhi’s assassination, the security around the PM’s official residence has become so elaborate that entering it is quite an ordeal. The Special Protection Group (SPG), an elite security unit protecting the PM, which was created in 1985 after Indira Gandhi’s assassination, allows in only such visitors whose names have been provided to them by the personal secretary to the PM. After driving through the first gate of the outer compound, visitors alight near the second gate. Only ministers, authorized officials and foreign dignitaries are allowed to drive through the second gate, and get into SPG vehicles that will take them a couple of hundred yards down the road to the PMO. Those less privileged must first walk into a visitors’ room, deposit their mobile phones and be screened by security. Only then are they ferried by the SPG in its fleet of Maruti cars to the Prime Minister’s Office.”

Do you notice the illegalities visible from this very paragraph? I will explain it, but notice this paragraph:

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Another Economic Slap on China with luv from India

Luv to China from India:

On First April or Day 8 of Lockdown, a scheme called Production Linked Incentive Scheme was launched for Large Scale Electronics Manufacturing which extends an incentive of 4% to 6% on incremental sales (over base year) of goods under target segments that are manufactured in India to eligible companies, for a period of five years subsequent to the base year (FY2019-20). The scheme was open for filing applications till 31.07.2020. Incentives are applicable under the scheme from 01.08.2020.

This will spell a loss of INR 11,50,000 crore approximately to China.

Global who of who of Mobile Industry Arrive:

A total of 22 companies have filed their application under the PLI Scheme.

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Quora policy of denying advertisement of political books.

Newspapers as new Brahmins:

Election Commission of India has mandated that no political advertisement would be permissible without proper KYC (Know Your Customer). Similarly Government of India has also called upon the Social Media Platforms to ensure that their platform is not used to influence public opinion. In this background I recently published my first political book: India 2019: Will Narendra Modi Win?: (A political analysis of democracy in India) Kindle Edition

I approached Quora for advertisement of book and the campaign was automatically blocked. I sought a review with following request:

“The ad does not promote any political party. It relates to political analysis of elections of India. Please check the sample of book. Therefore it does not fall under the restriction of ECI. Further I have clearly declared that I am not related to any political party. Pleas review and approve.”

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