News Update

I-T - Technical issues faced in filing TDS return online are bona fide reason for delayed filing of TDS returns - penalty not warranted: ITATST - Refund - Rule 5 of CCR, 2004 - No provision in CCR imposes restriction of requirement of registration as condition precedent for claiming CENVAT credit: CESTATMCA invites comments on Draft on cross-border insolvencyCCI gives nod to acquisition of Monsanto by Bayer AGSmuggling racket busted - Delhi DRI nabs 8 persons & seizes gold worth Rs 2.1 CroreIlegal immigration - enlarge labour market to deal with it: OECDShillong is selected as 100th city under Smart City MissionChief Economic Adviser Arvind Subramanian quits on family commitments groundCommerce Minister releases National Strategy for StandardizationComputation of interest - CBDT invites comments on amendment in Rule 10CB (See 'TII Brief')CBDT notifies PFC & Railway Finance Corp 54EC Capital Gains BondsGovt relieves IRS officer Nilimesh Baruah to join CTPA in OECD as Sr AdvisorGST Metered (See 'JEST GST on GST Home Page')J&K is back to Governor's Rule - 4th time in last 10 yearsGST: A Frightening but Fascinating Future world…! – Part II (See 'TOG INSIGHT' on 'Taxongo.com')ST - There is distinction between interest earned by bank and disaggregation of equated monthly instalments earned by financial institution engaged in financial leasing and hire-purchase: CESTATCMs subgroup set up on approaches to Agriculture & MGNREGSST - Fitment within an alternative classification suffices to erase proposal in the notice but cannot crystallize liability unless alternative was also proposed in notice: CESTATAdopt A Heritage Scheme - 6 MoUs are at advanced stageI-T - When statements taken during search are based on documents indicating that assessee collected cash receipts in addition to cheques, such situation comes within sweep of Explanation 5A(b) to Sec. 271(1)(c): ITATGovt targets 5GW wind energy by 2022Notfn. 12/2003-ST speaks of 'value' of materials and not 'cost' of materials - no reason to demand service tax on 10% profit at which material is sold by appellant: CESTATIndia aspires to be USD 10 trillion economy by 2030: DEA Secretarye-Way Bill - Govt introduces Unique Common Enrolment Number facility for transporters registered in many States with same PANCBIC revises new exchange rate for South African RandCBIC grants Non-Functional upgradation on ad hoc basis to 15 officersRailways aims at 2030 to become zero carbon emitterNIFTEM has potential to become Harvard of food processing sector: MinisterGST - Five key aspects GST payers should not miss!Pre-notice Regulations - Boon or Bane?HM calls for expediting online cybercrime reporting portal
Untitled Document

THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT) ACT, 1991

Statement of Objects and Reasons appended to the Constitution (Seventy-fifth Amendment) Bill, 1991 (Bill No. 48 of 1991) which was enacted as THE CONSTITUTION (Sixty-eighth Amendment) Act, 1991

STATEMENT OF OBJECTS AND REASONS

Under clause (4) of article 356 of the Constitution, no Proclamation issued under that article and approved by both the Houses of Parliament shall remain in force for more than three years. However, under clause (5) of the said article, a resolution approving the continuance in force of a Proclamation issued under clause (1) of that article beyond a period of one year cannot be passed by either House of Parliament unless the two conditions relating to a Proclamation of Emergency being in operation in the whole or any part of the State and the certificate by the Election Commission that the continuation of the Proclamation issued under clause (1) is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State as specified in that clause are met. The three year period in the case of Proclamation issued on 11th May, 1987 with respect to the State of Punjab was extended to three years and six months by the Constitution (Sixty-fourth Amendment) Act, 1990 and clause (5) of article 356 was also suitably amended by that Act in the expectation that it would be possible to hold elections to the Legislative Assembly of that State. In October, 1990 it was felt that it was not conducive to hold free and fair elections to the Punjab State Legislative Assembly. Therefore, clause (4) of article 356 was again amended by THE CONSTITUTION (Sixty-seventh Amendment) Act, 1990 to enable extension of President's Proclamation issued on 11th May, 1987 for a total period of four years.

2. Despite pressure from the security forces, the terrorist violence has been continuing in Punjab. Therefore, the prevailing circumstances still do not hold out prospects for fair, free and peaceful elections to the Legislative Assembly of Punjab. Clause (4) of article 356 of the Constitution is, therefore, proposed to be amended so as to facilitate the extension of the said Proclamation up to a total period of five years in relation to the State of Punjab.

3. The Bill seeks to achieve the above objects.

(Subodh Kant)

Dated: March 07, 1991.

THE CONSTITUTION (SIXTY-EIGHTH AMENDMENT) ACT, 1991

Dated: March 12, 1991

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Forty-second Year of the Republic of India as follows:-

1. Short title:- This Act may be called the Constitution (Sixty-eighth Amendment) Act, 1991.

2. Amendment of article 356:-In article 356 of the Constitution, in clause (4), in the third Proviso, for the words "four years", the words "five years" shall be substituted.