Whispers Forum

It is height of the stupidity that appeals in the Income Tax department will be decided without personal hearing. If the appeals can be decided on the basis of written submissions what the is need for a Commissioner? In the new regime all submissions will be brushed aside by the appeal units and the appeals will travel to ITAT eventually. The whole scheme of face less appeals without any pilot projects will create more trouble for tax payers that it solves. The corruption it intends to eliminate will only travel upwards to Tribunals and other such fora. It is a known fact that almost all DRPs simply confirm the demands and the tax payer needs to go to ITAT. Faceless appeals system will be no different. For sure some tax lawyers are going to challenge this facelessness for its vires.
Amit

The details of certain telephone number and the monthly amount paid for it was denied to the appellant. The appellant submitted that even if the information is related to the third parties, the PIO was bound to follow the procedure laid down under section 11 of the RTI Act. The CIC rejected the contention of the appellant that the CPIO should have followed the procedure u/s 11 of the RTI Act before denying the information. The CIC observed that the procedure u/s 11 of the RTI Act is only to be followed in such cases where the PIO intends to disclose any information related to a third party, which was not the case in the present matter as the PIO had outrightly denied the information while stating that the information is related to third party.
Comments
Section 11(1) of the RTI Act says that where the PIO intends to disclose any third party information on a request made under this Act, the PIO shall, give a written notice to such third party of the request and of the fact that the PIO intends to disclose the information and invite the third party to make a submission regarding whether the information should be disclosed.
Citation: C Christu Raj v. Bharat Sanchar Nigam Limited (BSNL) in File no.: CIC/BSNLD/A/2019/639531, Date of Decision: 07/09/2020
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

The Parliament of India has passed 2 crucial legislations on 20th September 2020. Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, and the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 were passed by the Rajya Sabha. The Bills had a smooth sailing in the Lower House (Lok Sabha) where the government enjoys clear majority but witnessed heated exchanges with unpleasant ruckus in the Upper House (Rajya Sabha) where the government depends on opposition support. The Bill was opposed by the Congress Party, Trinamool Congress Party, Nationalist Congress Party, Shiv Sena and some others but the government managed to get the Bills passed. The Congress party organized rallies against the Bill in Punjab, parts of Haryana and UP and Delhi calling the Bills anti-farmers. The truth is otherwise. Read on: What a silent revolution! What a coup de maître! Prime Minister Narendra Modi has carried out another surgical strike and a bloodless coup d’ etat. The kulaks have responded with coup de main. In a clean sweep, the real farmer has been liberated from the stranglehold of the powerful kulaks. Recall the farmers’ historic status: serf, robot, begar! They were simply labourers- serf to their Lords & Ladies, unpaid labour or robot and working without payment called begar, which for the first time was abolished by the Constitution of India but soon acquired new form under the kulaks claiming to be farmers and cornering every government scheme for welfare of farmers. All that the working tilling sowing harvesting farmers got was a small quantity of chanaa-chabenaa to say it metaphorically and some dope (liquor, opium, charas etc) while the kulaks became Crorepatis, as agricultural income is exempt from Income Tax and kulal-politicians proclaim to be only either farmers or social workers. Many of the Indian kulaks had extended their empire to foreign countries buying 1000s of hectares of land and even islands. These kulaks manipulated democracy, rigged elections using money and muscle power and became MLAs/MPs/Sarpanch, chief minister or minister and manoeuvred to alienate the poor farmers of their land which they acquired for “public purpose” and millions of them came to own big “Farmhouses” i.e. properties worth Crores in every state in India. They don’t do any farming in the farmhouses themselves but act like absentee landlords engaging poor displaced farmers and cultivate, inter alia, weed, opium for exclusive parties and other commercial activities evading taxes. Reforms in the agriculture sector were overdue. It is time to restore the land under more than 1 million such farmhouses to the poor displaced real landowners.
M L Gupta
HP Govt doing commendable job
Good that HP Govt is recognising talent of domain specialists Techno Administrators
Bharath

The secret world of drugs mafia, murders, rapes, casting couch, alleged murders of two actors, are all that constitute the tinsel world. The secrets of glamorous Bollywood’s underbelly have jolted the conscience of every right thinking Indian. No attempt was ever made to weed out the scum. Investigations by ED, NCB and CBI have revealed an organised racket with links in Dubai, deep state of Pakistan and Narco-terrorism! Count down has begun.
Of late , the # Me Too movement lying dormant for sometime has resurfaced. The latest allegation comes from an actress slamming sexual innuendos against an infamous Director-Producer of Bollywood. Lack of deterrent action in the past emboldens perpetrators to carry on their business with impunity and perpetuate the evil practice. The Bollywood’s cultural standards and values have reached their nadir. The film city can't take it any more.
Ironically, a large number of Bollywood celebrities continue to appear as brand ambassadors in TV ads and participants in a famous laughter show. These exercise deleterious influence on gullible public especially the impressionable youth. There is an emergent need to scrub, disinfect and purge the film city.
In this context, UP govt’s announcement to set up a film city at Noida, is timely. It will have production studios, outdoor locations, post production facilities, special effects studios, hotels, workshops, an amusement park besides an international airport in the neighbouring Greater Noida. The central govt will, no doubt, face opposition from the Opposition and criminal lobbies. But, a strong political will should overcome it. The outrageous public and the digital Media ,on their part, must boycott all accused super stars, their movies and brand endorsements.
A K Saxena ( A former civil servant)

It seems the ACC has no control over the files pending for clearance. Welcome to minimum government and more governance. This minimum government will be run by a select few who can manage to get their files cleared by ACC in no time and others need to wait in eternity for the blessings of almighty ACC.
Amit
“Sins of Democracy”
Farm bills passed in haste, without due diligence, deliberations and without taking the stakeholders on board, are unforgivable sins in a democracy. The ten trade unions namely : NTUC, AITUC, HMS, CITU, AIUTUC, TUCC, SEWA, AICCTU, LPF and UTUC have have extended their support to a nationwide agitation called by the All India Kisan Sangharsh Coordination Committee against the alleged “anti-people, anti-farmer destructive legislations pushed through by central government. This could lead to continuous turmoil at present juncture ,when the country is facing heightened threat perception from hostile neighbours.
Punjab and neighbouring Haryana fear that if big institutions start purchasing directly from the farmers, the state governments will lose out on the tax that these buyers have to pay at wholesale markets (Mandi tax). Some experts argue that agents, who form the backbone of wholesale markets, would lose their income if large buyers start buying direct from farmers. These concerns must have been addressed before rushing through legislations reducing democracy to a Number game. There is no room for " Royal obstinacy" in a democracy. Consultative approach is the key to success.
A K Saxena ( A former civil servant)
IAS out of race in Himachal Pradesh post
That is an excellent whisper for technocrats like me. Hope it becomes a reality.
K Srinivasa Rao

The existing Agricultural laws are meant for Punjab Haryana and Western UP. Mandis are a FCI scam.
Now MP is the largest producer of wheat and highest Procurement also from MP.
Whenever any existing beneficiaries lose out they will blame someone.
Should Laws be meant for 5000 farmers.
Why are there no Protests outside these areas.
Ajay Agnihotri
Narco-terrorism In India
Narcotics is a subject never discussed in Indian schools and families, but it has assumed dangerous proportions. Unless efforts are made to inform the public of its dangers, innocent persons will be caught unawares, as illustrated by the NCB arrests in Mumbai and the film industry coming in for unwelcome public gaze. As a first step, a white paper on the subject needs to be published immediately and given wide publicity. Presently, even the Annual Report of the Narcotics Control Bureau is out of easy public reach. A map of India depicting the production, supply, consumption areas and international networks ought to be included in the publication. How drugs are pushed at school and college Annual Day functions, sports events, cultural evenings, literary meets, field trips for project work and camps, festivals like Valentine’s Day need to be properly highlighted to protect vulnerable youth in festive mood. Opium in chocolate, chuski-mein whisky, bhang in burfi and pakora, liquor in fresh fruit juice in cities “which never sleep” and hukka-bars complete with modern floor dancing are products of a business of Rs. 500000 (five lakh) Crore per annum or more. It’s Dubai and Nepal connection is significant as Pakistan’s ISI is actively promoting Narco-terrorism against India. The modus operandi needs to be exposed as poor, innocent, illiterate boys, girls, youth are the target. They are allured by the film heroes, heroines and models taking drugs, which is a statement of aristocracy as cigarettes used to be in old Bollywood films. Once a boy or girl walks into the trap laid by the narco-terrorists, it is difficult to escape- they are killed, and their organs sold in the illegal organ trade. How drugs damage physical and mental health of the consumer has to be vividly illustrated. Cigarette packs carry illustrations depicting injurious effects of smoking, but no such illustration is in circulation for narcotics, psychotropic substances, psychedelic drugs, opium, ganja, charas and bhang. It is so frightening to even imagine that poison and cobra venom is mixed with these substances and taken or smoked! Liquor and drugs destroy both physical as well as financial health of poor/middle income families, especially women and children. The narco-terrorist mafia plans and modus of anti-national activities have to be publicised clearly. Over the years the mafia has built very strong connections with politicians, legislators, ministers, film personalities, journalists, advocates, builders, Public Relations Agencies, Image Building Agencies, businesses, criminals, Naxalites, hawala operators and smugglers. It is a matter of public health, homeland security, public finance, national economy and national defence. It calls for firm swift action. It should be debated in schools/colleges and universities on Anti-Drugs Day .
M L Gupta

IAS officers are arguably very intelligent and UPSC thru their rigorous and unblemished procedure recruits them . In such parlance, is it not a big riddle that if Raghavendra saheb (1AS : 83) was so intelligent and heavily possessed with new innovations for cultural emancipation in culture Ministry, why he was unceremoniously removed and posted in textile ministry (almost three years ago) shrunken importance and how irreparable loss his absentia must have caused during these three years successive two secretaries were placed one after the other and today people are feeling vilified when Govt sent not insinuation but placed Raghavendra after one year of his superannuation but already glorified and mystified with CEO of Museums Saddled with now crown of Secretary Culture Govt of india and placing the incumbent Sh Anand kumar ji to decimated position ( only bureaucrats coin this classification of positions ) . It gives two possibilities that there has been some eclectic renaissance and enlightening effect in Sh Raghavendra ji that is now found much needed by PM office / DOPT and Sh Anand kumar saheb is found totally unfit for culture . Govt should also appreciate that people who have eligible for Secretary posts are waiting with all poise to be given the charge while with this procedure one able bureaucrat has lost the chance to climb that ladder . There has been plethora of post retirement assignments for few chosen officers as if they are overflowing with wisdom and others are anemic in skills . Bureaucracy is no more and should not be domain beyond the comprehension of common society , things are now lens scanner of common man and this kind of insidious and hagemonistic approach may kindly be avoided .
Mahendra Goel

DEBATE(1)
In my view, considering China’s predatory tactics, Republicans will be better for India. They mince no words in calling a spade a spade and believe in taking the bull by its horns. Words like bully , predators, China virus etc. show no diplomatic sophistry but are music to Indian ears.
S Mishra
Quality improvement in health care important
At a time when evolution of technology is on the peak, medical science is also seeing innumerable advances. But, when it comes to addressing patient needs, ensuring patient safety, efficiency of the system, and quality improvement, healthcare system is performing far below acceptable levels. We have only seen the medical environment where physicians rely primarily on the traditional practice of using pen-paper, memory, and few extra efforts to improve the care given to patients. However, our medical environment requires deliberate redesigning for reliable, cost-effective and sustained quality improvement in healthcare system.
Paraj Saxena

Appellant sought to know about action taken against Private Aided / Grant-in Aid Colleges affiliated to the Andhra University for not implementing the UGC Regulations, 2018. The PIO explained during the hearing that the UGC is not the authority to take any action as this will be done by the University or the State Government who have to ensure implementation of the regulations. The PIO submitted that the UGC Guidelines, 2018 are mandatory in nature and cannot be overlooked. The CIC held that the order is incomplete as there is no categorical reply to the point raised by the appellant as to what action has been taken against those Private Aided / Grant-in Aid Colleges affiliated to the Andhra University who have not implemented the UGC Regulations, 2018. During the hearing, the CPIO explained that there is no procedure in the UGC Regulations to penalize any college. It is the concerned University with which the College is affiliated or the State Government who has to keep a check on the Colleges and UGC has no role to play in this. The CIC held that incomplete information has been provided and directed the PIO to provide an additional reply to the appellant in the same way as was explained by him during the hearing.
Comments
As the overall regulatory body, the UGC has been entrusted with the responsibility of maintaining the quality of education in the country. The submissions made on behalf of the UGC show that it does not have any direct powers to take penal action against the colleges who do not follow the UGC Regulations, 2018.
Citation: Jagannadha K Galinkala v. University Grants Commission (UGC) in File no.: CIC/UGCOM/A/2020/661349, Date of Decision: 07/09/2020
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com