Saturday, September 7, 2019
HC refuses to stop tax recovery action against tech giant
TIMES NEWS NETWORK
Chennai:07.09.2019
The Madras high court on Friday upheld an order dismissing a plea moved by information technology major Cognizant, challenging the recovery proceedings initiated by the income tax department for non-payment of ₹2,912.25 crore dividend distribution tax (DDT).
A division bench of Justice M M Sundresh and Justice M Nirmal Kumar also confirmed the interim order directing the company to deposit ₹490 crore, 15% of the total tax demand to be kept in a suspense account by the department pending disposal of appeal to be moved by the company before the appellate authority.
“We do not find any error in the order of the single judge with respect to the deposit made during the pendency of the interim order as erroneous. It is only an interim arrangement directed to be made pending the appeal,” the bench said.
The court, however, set aside the findings of the single judge on the nature of transaction and the scope under Section 115-O of the Income Tax Act.
The issue as to whether the tax demand order should be preceded by a procedure involving adjudication and the requirement of violation of principles of natural justice are also left open to be decided in the appeal, the bench added.
The issue pertains to the order passed by a single judge of the court dated June 25 dismissing the plea moved by Cognizant challenging the tax demand for remitting ₹19,415 crore to its nonresident shareholders in the US and Mauritius towards buyback of 94,00,543 of its equity shares in May 2016.
The dismissal was passed on the ground that the company has not exhausted all other available legal remedies before approaching the high court. Aggrieved, the company has moved the present appeal.
The court dismissed a plea moved by software giant Cognizant challenging action initiated by I-T department over ₹2,912 crore of unpaid tax
TIMES NEWS NETWORK
Chennai:07.09.2019
The Madras high court on Friday upheld an order dismissing a plea moved by information technology major Cognizant, challenging the recovery proceedings initiated by the income tax department for non-payment of ₹2,912.25 crore dividend distribution tax (DDT).
A division bench of Justice M M Sundresh and Justice M Nirmal Kumar also confirmed the interim order directing the company to deposit ₹490 crore, 15% of the total tax demand to be kept in a suspense account by the department pending disposal of appeal to be moved by the company before the appellate authority.
“We do not find any error in the order of the single judge with respect to the deposit made during the pendency of the interim order as erroneous. It is only an interim arrangement directed to be made pending the appeal,” the bench said.
The court, however, set aside the findings of the single judge on the nature of transaction and the scope under Section 115-O of the Income Tax Act.
The issue as to whether the tax demand order should be preceded by a procedure involving adjudication and the requirement of violation of principles of natural justice are also left open to be decided in the appeal, the bench added.
The issue pertains to the order passed by a single judge of the court dated June 25 dismissing the plea moved by Cognizant challenging the tax demand for remitting ₹19,415 crore to its nonresident shareholders in the US and Mauritius towards buyback of 94,00,543 of its equity shares in May 2016.
The dismissal was passed on the ground that the company has not exhausted all other available legal remedies before approaching the high court. Aggrieved, the company has moved the present appeal.
The court dismissed a plea moved by software giant Cognizant challenging action initiated by I-T department over ₹2,912 crore of unpaid tax
TN law univ students win sports meet
TIMES NEWS NETWORK
Chennai:07.09.2019
Students from Tamil Nadu Dr Ambedkar Law University (TNDALU), Chennai, won the overall championship at the recently concluded SPIRITUS 2019-2020 all India inter-law schools sports meet.
Students from Tamil Nadu Dr Ambedkar Law University (TNDALU), Chennai, won the overall championship at the recently concluded SPIRITUS 2019-2020 all India inter-law schools sports meet.
Around 25 law schools and universities from various states participated in the meet held at National Law School of India University, Bengaluru, from August 31 to September
2. TNDALU students won gold medals in table tennis (women), throw ball (women), volleyball, chess, tennis and football (men) and bagged the overall championship and athletics championship awards. They also emerged runners up in swimming events (men & women).
Applications called for post of physiotherapist
TIMES NEWS NETWORK
Chennai:07.09.2019
The state government has invited applications for direct recruitment to the post of physiotherapist (grade - II) on temporary basis in Tamil Nadu medical and subordinate service. There are 77 vacancies for the post with a pay scale of ₹36,200 to ₹1,14,800.
Interested candidates with a degree in physiotherapy and less than 30 years old can apply on or before September 11. Age relaxation is applicable for those belonging to reserved communities, ex-servicemen and people with disabilities categories. Application forms are available on Medical Services Recruitment Board’s website (www.mrb.tn.gov.in). Applicants will be shortlisted based on a written test to be conducted on November 3.
TIMES NEWS NETWORK
Chennai:07.09.2019
The state government has invited applications for direct recruitment to the post of physiotherapist (grade - II) on temporary basis in Tamil Nadu medical and subordinate service. There are 77 vacancies for the post with a pay scale of ₹36,200 to ₹1,14,800.
Interested candidates with a degree in physiotherapy and less than 30 years old can apply on or before September 11. Age relaxation is applicable for those belonging to reserved communities, ex-servicemen and people with disabilities categories. Application forms are available on Medical Services Recruitment Board’s website (www.mrb.tn.gov.in). Applicants will be shortlisted based on a written test to be conducted on November 3.
HC faults labour court in sexual harassment case
TIMES NEWS NETWORK
Chennai:07.09.2019
Pulling up a labour court here for ordering the reinstatement of an employee of a citybased private company who was accused of sexual harassment by a subordinate, the Madras high court has observed that such award would communicate a wrong message to society at large.
“All such allegations of sexual harassment in the present-day circumstances are to be viewed seriously and all suitable actions both under the criminal law as well as under the Sexual Harassment Act are to be initiated against persons, who are involved in such offences or misconducts,” Justice S M Subramaniam said.
This being the factum, the judge said he had no hesitation in coming to the conclusion that the award of the labour court is infirm and legally unsustainable. “Consequently, the award dated September 15, 2017, is quashed and the writ petition stands allowed,” the judge added.
The issue pertains to an appeal moved by a private company in Poonamallee challenging the order of the labour court directing reinstatement of the accused in the sexual harassment complaint, D Kannan, with full benefits from the date of his termination. The labour court passed the order solely on the ground that the complainant had withdrawn her complaint in the middle of an inquiry.
Censoring the labour court judge for the award, Justice Subramaniam said, “Violence against women is perhaps most shameful human rights violation and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.”
TIMES NEWS NETWORK
Chennai:07.09.2019
Pulling up a labour court here for ordering the reinstatement of an employee of a citybased private company who was accused of sexual harassment by a subordinate, the Madras high court has observed that such award would communicate a wrong message to society at large.
“All such allegations of sexual harassment in the present-day circumstances are to be viewed seriously and all suitable actions both under the criminal law as well as under the Sexual Harassment Act are to be initiated against persons, who are involved in such offences or misconducts,” Justice S M Subramaniam said.
This being the factum, the judge said he had no hesitation in coming to the conclusion that the award of the labour court is infirm and legally unsustainable. “Consequently, the award dated September 15, 2017, is quashed and the writ petition stands allowed,” the judge added.
The issue pertains to an appeal moved by a private company in Poonamallee challenging the order of the labour court directing reinstatement of the accused in the sexual harassment complaint, D Kannan, with full benefits from the date of his termination. The labour court passed the order solely on the ground that the complainant had withdrawn her complaint in the middle of an inquiry.
Censoring the labour court judge for the award, Justice Subramaniam said, “Violence against women is perhaps most shameful human rights violation and it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.”
Laptop taken away from magistrate’s car at HC
TIMES NEWS NETWORK
Chennai:07.09.2019
A laptop of a chief judicial magistrate was allegedly stolen on Thursday from her car parked on the Madras high court campus, a high-security area.
The incident has officials worried.
The high court is under the security cover of Central Industrial Security Force (CISF) and the city police. Security personnel do not allow any person on to the high court campus without identity proof.
On Thursday, police said Tiruvallur district chief judicial magistrate M Shirijha had come to the court in connection with some official work.
Her driver Manmadhan, 42, parked the car in the designated area and went to have tea. After an hour, when the judicial officer returned to the car she found that the laptop kept on the rear seat was missing. After searching for the same in the car, she questioned the driver. However, Manmadhan appeared to be clueless about the missing device and joined her in the search.
Other drivers present at the spot said that they did not notice any suspicious activity near the car.
Following that Shirijha lodged a complaint with the high court police who collected footage from a few CCTV cameras on the premises and are examining them.
The records that the CISF personnel maintained about the visitors are also being checked.
TIMES NEWS NETWORK
Chennai:07.09.2019
A laptop of a chief judicial magistrate was allegedly stolen on Thursday from her car parked on the Madras high court campus, a high-security area.
The incident has officials worried.
The high court is under the security cover of Central Industrial Security Force (CISF) and the city police. Security personnel do not allow any person on to the high court campus without identity proof.
On Thursday, police said Tiruvallur district chief judicial magistrate M Shirijha had come to the court in connection with some official work.
Her driver Manmadhan, 42, parked the car in the designated area and went to have tea. After an hour, when the judicial officer returned to the car she found that the laptop kept on the rear seat was missing. After searching for the same in the car, she questioned the driver. However, Manmadhan appeared to be clueless about the missing device and joined her in the search.
Other drivers present at the spot said that they did not notice any suspicious activity near the car.
Following that Shirijha lodged a complaint with the high court police who collected footage from a few CCTV cameras on the premises and are examining them.
The records that the CISF personnel maintained about the visitors are also being checked.
Madras HC CJ quits protesting transfer to Meghalaya court
Move After SC Collegium Rejects Her Plea
Dhananjay.Mahapatra@timesgroup.com
New Delhi:07.09.2019
Miffed by the Supreme Court collegium’s decision to reject her reservations against transfer to the Meghalaya high court, Madras high court Chief Justice V K Tahilramani on Friday tendered her resignation to President Ram Nath Kovind. She sent a copy of the resignation letter to CJI Ranjan Gogoi.
Justice Tahilramani was appointed judge of the Bombay HC on June 26, 2001 at the age of 43. She became chief justice of the Madras HC on August 12, 2018. Justices Tahilramani and Gita Mittal were the only women CJs in the 25 HCs dominated by men. Justice Tahilramani was to retire on October 2, 2020, which means she forgoes more than a year of chief justiceship, and a possible elevation to the SC, because of her resignation.
Trigger for Justice Tahilramani’s resignation was the August 28 decision of the CJI-led collegium, which comprises Justices S A Bobde, N V Ramana and Arun Mishra, proposing the transfer of Justice A K Mittal, CJ of the Meghalaya HC, which has a sanctioned strength of four judges, to the Madras HC, which has a sanctioned strength of 75 judges.
Though “in the interest of better administration of justice” was the reason given by the collegium to transfer Justice Tahilramani to the Meghalaya HC, according to sources, “her punctuality was an issue with the collegium.”
CJ of J&K high court only woman in higher judiciary
The Madras high court, on the other hand, is one of the three oldest HCs and was established on June 26, 1862. When the collegium sought her response to the proposal to transfer to Meghalaya HC, Justice Tahilramani on September 2 requested reconsideration and expressed unwillingness/ difficulty in going to the northeastern state’s nascent HC.
The collegium considered her representation on September 3 and reiterated its decision to transfer her to Meghalaya HC. “The collegium has carefully gone through the aforesaid representation and taken into consideration all relevant factors. On reconsideration, the collegium is of the considered view that it is not possible to accede to her request. The collegium, accordingly, reiterates its recommendation dated August 28 for transfer of Justice V K Tahilramani to Meghalaya HC,” it said.
With Justice Tahilramani’s resignation, Justice Gita Mittal will be the lone woman chief justice in a male-dominated higher judiciary. Justice Mittal, whose parent HC is Delhi, has been heading Jammu and Kashmir HC since August 11, 2018, and is scheduled to retire on December 8, 2020.
Justice Mittal heading Jammu and Kashmir HC since August 11, 2018, is the only woman CJ left and is scheduled to retire on December 8, 2020
Move After SC Collegium Rejects Her Plea
Dhananjay.Mahapatra@timesgroup.com
New Delhi:07.09.2019
Miffed by the Supreme Court collegium’s decision to reject her reservations against transfer to the Meghalaya high court, Madras high court Chief Justice V K Tahilramani on Friday tendered her resignation to President Ram Nath Kovind. She sent a copy of the resignation letter to CJI Ranjan Gogoi.
Justice Tahilramani was appointed judge of the Bombay HC on June 26, 2001 at the age of 43. She became chief justice of the Madras HC on August 12, 2018. Justices Tahilramani and Gita Mittal were the only women CJs in the 25 HCs dominated by men. Justice Tahilramani was to retire on October 2, 2020, which means she forgoes more than a year of chief justiceship, and a possible elevation to the SC, because of her resignation.
Trigger for Justice Tahilramani’s resignation was the August 28 decision of the CJI-led collegium, which comprises Justices S A Bobde, N V Ramana and Arun Mishra, proposing the transfer of Justice A K Mittal, CJ of the Meghalaya HC, which has a sanctioned strength of four judges, to the Madras HC, which has a sanctioned strength of 75 judges.
Though “in the interest of better administration of justice” was the reason given by the collegium to transfer Justice Tahilramani to the Meghalaya HC, according to sources, “her punctuality was an issue with the collegium.”
CJ of J&K high court only woman in higher judiciary
The Madras high court, on the other hand, is one of the three oldest HCs and was established on June 26, 1862. When the collegium sought her response to the proposal to transfer to Meghalaya HC, Justice Tahilramani on September 2 requested reconsideration and expressed unwillingness/ difficulty in going to the northeastern state’s nascent HC.
The collegium considered her representation on September 3 and reiterated its decision to transfer her to Meghalaya HC. “The collegium has carefully gone through the aforesaid representation and taken into consideration all relevant factors. On reconsideration, the collegium is of the considered view that it is not possible to accede to her request. The collegium, accordingly, reiterates its recommendation dated August 28 for transfer of Justice V K Tahilramani to Meghalaya HC,” it said.
With Justice Tahilramani’s resignation, Justice Gita Mittal will be the lone woman chief justice in a male-dominated higher judiciary. Justice Mittal, whose parent HC is Delhi, has been heading Jammu and Kashmir HC since August 11, 2018, and is scheduled to retire on December 8, 2020.
Justice Mittal heading Jammu and Kashmir HC since August 11, 2018, is the only woman CJ left and is scheduled to retire on December 8, 2020
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