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GST - Payment of pre-deposit through Form GST DRC-03 instead of the prescribed Form APL-01 - Petitioner attributes it to technical glitches - Respondent is the proper authority to decide the question of fact: HC2nd Session of India-Nigeria Joint Trade Committee held in AbujaGST - Since SCN is bereft of any details and suffers from infirmities that go to the root of the cause, SCN is quashed and set aside: HC1717 candidates to contest elections in phase 4 of Lok Sabha ElectionsGST - Once Appellate Authority comes to the conclusion that SCN was issued by an officer who was not competent; reply was also considered by an incompetent authority and the Competent Authority had not applied its independent mind, Appellate Authority could not have assumed original jurisdiction and proceeded further with the matter: HC7th India-Indonesia Joint Defence Cooperation Committee meeting held in New DelhiGST - Neither the Show Cause Notice nor the order spell out the reasons for retrospective cancellation of registration, therefore, the same cannot be sustained: HCMining sector registers record production in FY 2023-24GST - If the proper officer was of the view that the reply is unclear and unsatisfactory, he could have sought further details by providing such opportunity - Having failed to do so, order cannot be sustained - Matter remanded: HCAnother quake of 6.0 magnitude rocks Philippines; No damage reported so farI-T - Initial burden of proof rested on assessee to substantiate his claim of having incurred expenditure on improvement of property: ITATTrade ban: Israel hits back against Turkey with counter-measuresI-T - Agricultural income can be treated by ITO as undisclosed income in absence of any substantial / corroborative material to prove same: ITATCanada arrests three persons in alleged killing of Sikh separatistI-T - Income from sale of property has to be classified & characterised only in manner of computation as per section 45(2): ITATCus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
Govt committed to balanced Real Estate Bill protecting both consumers & developers

By TIOL News Service

NEW DELHI, JULY 19, 2015 : "THE Indian Government is fully committed and working in a direction to ensure that the new Real Estate (Development and Regulation) Bill protects the interests of the real estate industry and safeguards the interests of the house buyers as well", informed Mr Rajiv Ranjan Mishra, Joint Secretary, Ministry of Housing & Urban Poverty Alleviation (HUPA Ministry), while addressing the 11th CII Realty 2015, a flagship event on real estate organised by Confederation of Indian Industry (CII), recently.

"We are in consultations with all key stakeholders like the developers, builders, retail buyers, the state governments, other related Ministries, and other parties as well to work out solution on a few regulations in the bill", he added.

"A Balanced bill that protects both the buyers and the sellers would certainly act as a game changer for the real estate industry which is presently passing through a tough phase because it would reinforce the confidence of various financial institutions, banks and foreign investors in Indian realty sector. This would help solve the big fund crunch that the sector is facing. Further it is also expected to boost the retail demand if the consumer feels more secure of the timely possession and effective delivery of other services", opined Mr Mishra.

On speeding up the approvals process which is one of the biggest bottlenecks in the real estate sector, he shared that "We have convened a committee with key representatives of different related ministries like the environment, forests and Climate Change, finance, Defence, Urban Development, civil aviation, labour, power, cultural and consumer affairs etc to streamline the approval process".

"The members would meet regularly and next meeting is on 30th July to be chaired by Mr M Venkaiah Naidu, Housing and Urban Poverty Alleviation (HUPA) Minister. The minister would draw a roadmap with all ministries concerned to make concerted efforts to facilitate ease of doing business in Indian real estate sector by fast tracking of approval procedures especially for the affordable housing projects", he informed.

"We have requested different ministries and states to identify and clearly notify the areas where construction or development is permissible and where it is not and hence create land banks, so that the realtors are not harassed later on to get the approvals. It is estimated that simpler and uniform processes would lead to a 20-30 percent decrease in the cost per unit", he informed.

"We have requested the Ministry of finance and RBI on many occasions and finally it has agreed to the long pending demand of both the industry and the Ministry of HUPA to include affordable housing in the ‘Infrastructure’ sector category. Hence the affordable housing developers would be able to avail key financial incentives, regulatory and procedural benefits which are available to the infrastructure sector. But for now, the ministry is concentrated on the passage of the bill", he shared.

"It is also imperative that some regulatory permissions and procedural approvals are delegated to the state governments so as to simplify the procedures. We are also working with the states to come up with a model Affordable housing policy and would notify the same soon", he announced.

"Some of the projects under it would be on PPP mode where Govt would contribute Rs 1- 1.5 lacs . One of its key characteristic would be interest subvention scheme to the tune of 6.5 % for slum –redevelopment or renovation by the end user himself. To materialise this, we are meeting all major banks next week. With more than 700 million people expected to move to urban areas by 2050, there is an immense potential in the affordable housing sector for the industry", he added.

"We have decided to roll out a" Rental Housing Policy’ soon as well to safeguard the interests of both parties. Our draft Model Tenancy Bill, 2015, will soon go to the cabinet for its approval. It is on our website for feedback from all the stakeholders. The upcoming policy would do away with some archaic rules that governed this sector. The housing for all guidelines would also impact this upcoming policy", he shared.

He also called for rapid infra development in order to fill the shortage of 17 million dwelling units in urban area which gap is further expected to widen by 5 million units each year.


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