INDIAKashmir firing: Death toll mounts to 3; curfew imposed in Handwara town
IANS | Apr 13, 2016, 09.17 AM IST
SRINAGAR: The death toll from a firing incident in Jammu & Kashmir's Kupwara district rose to three on Wednesday as another critically injured civilian has died, according to officials.
Doctors at the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar said Raja Begum, 54, who had been admitted to the super specialty hospital on Tuesday, succumbed to a critical bullet injury.
Twenty-two year old Muhammad Iqbal and 21-year old Nayeem Bhat had died on Tuesday after clashes erupted in Handwara town between the security forces and a stone pelting mob.
Trouble erupted after locals alleged that a girl had been molested by an Army jawan in the town.
Authorities have imposed curfew in Handwara town where tension has increased further after reports of death of another civilian reached the town.
Following appeals for a valley-wide shutdown by separatist leaders to protest Handwara firing, authorities on Wednesday imposed restrictions in six police station areas of Rainawari, Nowhatta, Khanyar, MR Gunj, Safa Kadal and Maisuma in Srinagar city.
District magistrate Srinagar, Farooq Ahmad Lone has said the imposed restrictions will not apply to the members of the Sikh community who are free to move about in areas placed under restrictions because of the Sikh festival of Baisakhi.
The burial of the two youth killed on Tuesday has still not taken place and it is expected the burial would take place on Wednesday.
Doctors at the Sher-e-Kashmir Institute of Medical Sciences (SKIMS) in Srinagar said Raja Begum, 54, who had been admitted to the super specialty hospital on Tuesday, succumbed to a critical bullet injury.
Twenty-two year old Muhammad Iqbal and 21-year old Nayeem Bhat had died on Tuesday after clashes erupted in Handwara town between the security forces and a stone pelting mob.
Trouble erupted after locals alleged that a girl had been molested by an Army jawan in the town.
Authorities have imposed curfew in Handwara town where tension has increased further after reports of death of another civilian reached the town.
Following appeals for a valley-wide shutdown by separatist leaders to protest Handwara firing, authorities on Wednesday imposed restrictions in six police station areas of Rainawari, Nowhatta, Khanyar, MR Gunj, Safa Kadal and Maisuma in Srinagar city.
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Kashmir politicians wants to remove army from the area, so playing dirty Politics. Pakistan is supporting such activitiesDistrict magistrate Srinagar, Farooq Ahmad Lone has said the imposed restrictions will not apply to the members of the Sikh community who are free to move about in areas placed under restrictions because of the Sikh festival of Baisakhi.
The burial of the two youth killed on Tuesday has still not taken place and it is expected the burial would take place on Wednesday.
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Kashmir firing: CM Mehbooba mufti for strict action; Army orders probe
PTI | Apr 13, 2016, 08.48 AM IST
SRINAGAR: Two youth, including a budding cricketer, were killed on Tuesday in Handwara, about 85 km from here, when Army opened fire to disperse a stone-pelting mob which was protesting against alleged molestation of a girl by some of its personnel.
Chief minister Mehbooba Mufti said the security personnel involved in the killing of the youth will be given exemplary punishment as such incidents cannot be tolerated since these have a "negative impact" on the state government's efforts to consolidate peace efforts.
Army ordered an inquiry while Jammu & Kashmir Police registered a criminal case and began investigations into the incident which triggered more protests in Handwara and had an echo in Srinagar and Pulwama districts of Kashmir as well.
Trouble started with protests by locals in Handwara over alleged molestation of the girl student.
Giving details of the incident, the police spokesman said within minutes of alleged incident of molestation by an Army man, public in large numbers gathered there and attacked the Army bunker in Handwara chowk.
They assaulted the personnel deployed there, ransacked the bunker and attempted to set fire to the bunker, he said.
"In retaliation, the security forces deployed (there) used force to disperse the violent rampaging mob. In the process, two individuals — Mohammad Iqbal and Nayeem Qadir Bhat sustained fire-arm injuries," the spokesman said.
"They were evacuated to hospital where they, unfortunately, succumbed to their injuries," he said, adding police deeply "regrets the loss of life".
The police spokesman said a criminal case has been registered into the Handwara incident and investigations started to ascertain the facts.
Nayeem, a student of Government Degree College Handwara, was a budding top order batsman, who had attended an Under-19 national level camp three years ago, his friends said.
Several photographs of Nayeem at various cricketing events, including a net session with Jammu & Kashmir's star all-rounder Parvez Rasool, were being circulated on social networking sites soon after his death.
In one picture, Bhat is seen shaking hands with a senior police officer before the start of a recent cricket tournament in the district.
The incident in Handwara had an echo in Srinagar, the summer capital of the state, as also in Pulwama in south Kashmir, where protests erupted and stone-pelting incidents were reported at some places, the official said.
Additional police personnel have been deployed in sensitive areas of the city to maintain law and order.
The chief minister, who was in Delhi, called up Udhampur-based Northern Army Commander Lt Gen DS Hooda over the issue and was told that the Army has ordered an inquiry and that tangible action will be taken once the probe is completed, an official statement said.
Mehbooba said the security personnel involved in the killing of two youths in Handwara will be handed exemplary punishment, saying such incidents "cannot" be tolerated.
She said such tragic incidents have a huge negative impact on the efforts of the government and the political leadership aimed at consolidating the peace efforts in the state.
The security forces must exercise maximum restraint and adhere to the Standing Operating Procedure (SOP) while dealing with the public protests as incidents of innocent killings cannot be tolerated, she said, while expressing solidarity with the families of the two youth.
The Army officer told her that he would look into the demand of the locals in Handwara area for shifting of a bunker.
Political parties, like the National Conference and the Congress, expressed grief and shock over deaths and demanded that a probe so that the guilty could be punished.
Separatist outfit Hurriyat Conference headed by hardline leader Syed Ali Shah Geelani gave a call for shutdown on Wednesday.
Chief minister Mehbooba Mufti said the security personnel involved in the killing of the youth will be given exemplary punishment as such incidents cannot be tolerated since these have a "negative impact" on the state government's efforts to consolidate peace efforts.
Army ordered an inquiry while Jammu & Kashmir Police registered a criminal case and began investigations into the incident which triggered more protests in Handwara and had an echo in Srinagar and Pulwama districts of Kashmir as well.
Trouble started with protests by locals in Handwara over alleged molestation of the girl student.
Giving details of the incident, the police spokesman said within minutes of alleged incident of molestation by an Army man, public in large numbers gathered there and attacked the Army bunker in Handwara chowk.
They assaulted the personnel deployed there, ransacked the bunker and attempted to set fire to the bunker, he said.
"In retaliation, the security forces deployed (there) used force to disperse the violent rampaging mob. In the process, two individuals — Mohammad Iqbal and Nayeem Qadir Bhat sustained fire-arm injuries," the spokesman said.
"They were evacuated to hospital where they, unfortunately, succumbed to their injuries," he said, adding police deeply "regrets the loss of life".
The police spokesman said a criminal case has been registered into the Handwara incident and investigations started to ascertain the facts.
Nayeem, a student of Government Degree College Handwara, was a budding top order batsman, who had attended an Under-19 national level camp three years ago, his friends said.
Several photographs of Nayeem at various cricketing events, including a net session with Jammu & Kashmir's star all-rounder Parvez Rasool, were being circulated on social networking sites soon after his death.
In one picture, Bhat is seen shaking hands with a senior police officer before the start of a recent cricket tournament in the district.
The incident in Handwara had an echo in Srinagar, the summer capital of the state, as also in Pulwama in south Kashmir, where protests erupted and stone-pelting incidents were reported at some places, the official said.
Additional police personnel have been deployed in sensitive areas of the city to maintain law and order.
The chief minister, who was in Delhi, called up Udhampur-based Northern Army Commander Lt Gen DS Hooda over the issue and was told that the Army has ordered an inquiry and that tangible action will be taken once the probe is completed, an official statement said.
Mehbooba said the security personnel involved in the killing of two youths in Handwara will be handed exemplary punishment, saying such incidents "cannot" be tolerated.
She said such tragic incidents have a huge negative impact on the efforts of the government and the political leadership aimed at consolidating the peace efforts in the state.
The security forces must exercise maximum restraint and adhere to the Standing Operating Procedure (SOP) while dealing with the public protests as incidents of innocent killings cannot be tolerated, she said, while expressing solidarity with the families of the two youth.
The Army officer told her that he would look into the demand of the locals in Handwara area for shifting of a bunker.
Political parties, like the National Conference and the Congress, expressed grief and shock over deaths and demanded that a probe so that the guilty could be punished.
Separatist outfit Hurriyat Conference headed by hardline leader Syed Ali Shah Geelani gave a call for shutdown on Wednesday.
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President, vice-president, PM extend greetings on Baisakhi
IANS | Apr 13, 2016, 08.43 AM IST
NEW DELHI: President Pranab Mukherjee, Vice-President Hamid Ansari and Prime Minister Narendra Modi on Tuesday greeted the people on the occasion of Baisakhi and other festivals like Vishu, Puthandu, Masadi, Vaishkhadi, Bohag Bihu, Poila Boishakh and Maha Vishuba Sankranti being celebrated in various parts of the country.
"On the joyous occasion of Baisakhi, I extend greetings and good wishes to all fellow countrymen, especially sisters and brothers engaged in cultivation and farming," the President said in his message.
"May this joyous festival coinciding with the harvest season herald prosperity and happiness. Let us pray that the bounty of nature continues to shower its blessings on our hard working farmers," he added.
Ansari, in his message, said these festivals associated with the onset of the harvest season reflect the rich agrarian traditions and composite culture of our country.
"I extend my warm greetings and good wishes to the people of our country on the joyous occasion of Baisakhi, Vishu, Puthandu, Masadi, Vaishkhadi and Bohag Bihu," Ansari said.
"May these festivals bring peace, harmony, prosperity and happiness in our country," he added.
Modi hoped that these festivals herald happiness and prosperity for all.
"May the coming year give wings to the aspirations of the people, especially the youth, and spread harmony and joy among all," the Prime Minister said.
"On the joyous occasion of Baisakhi, I extend greetings and good wishes to all fellow countrymen, especially sisters and brothers engaged in cultivation and farming," the President said in his message.
"May this joyous festival coinciding with the harvest season herald prosperity and happiness. Let us pray that the bounty of nature continues to shower its blessings on our hard working farmers," he added.
Ansari, in his message, said these festivals associated with the onset of the harvest season reflect the rich agrarian traditions and composite culture of our country.
"I extend my warm greetings and good wishes to the people of our country on the joyous occasion of Baisakhi, Vishu, Puthandu, Masadi, Vaishkhadi and Bohag Bihu," Ansari said.
"May these festivals bring peace, harmony, prosperity and happiness in our country," he added.
Modi hoped that these festivals herald happiness and prosperity for all.
"May the coming year give wings to the aspirations of the people, especially the youth, and spread harmony and joy among all," the Prime Minister said.
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Cyprus investments taxable as Madras high court upholds central govt move
A Subramani | TNN | Apr 13, 2016, 05.26 AM IST
Madras high court
CHENNAI: Paving way for taxing investments flowing from Cyprus, the Madras high court on Tuesday upheld a central government decision to notify Cyprus as noticed jurisdictional area for tax purposes.
A division bench of Justice V Ramasubramanian and Justice T Mathivanan, passing orders on s total of nine petitions, said there was nothing unconstitutional about Section 94A, which was actually was "the need of the hour."
According to Section 94-A (1) of the Income Tax Act, if an assessee has received or credited any sum from any person located in a notified jurisdictional area and the assessee does not offer any explanation about the source of the said sum or the explanation offered by the assessee, in the opinion of the assessing officer, is not satisfactory, then such sum shall be deemed to be the income of the assessee for that previous year.
India and Cyprus entered into an agreement to avoid double taxation of income and prevention of fiscal evasion since December 1994.
The impugned section was notified by India, as there was no information flow from Cyprus.
"We are of the considered view that the challenge to the Constitutional validity of Section 94A(1) is without any merit. The argument that Section 90(1)(c) cannot be diluted by Section 94A(1) overlooks the fundamental fact that if the purpose of the central government entering into an agreement under Section 90(1) is defeated by the lack of effective exchange of information, then Section 90(1)(c) is actually diluted by one of the contracting parties and not by Section 94A(1)...Any agreement entered into by the central government by virtue of the power conferred by Section 90(1) is in exercise of a delegated power. Similarly, any notification issued under Section 94A(1) is also in exercise of another delegated power," the judges said.
Pointing out that at least 15 G20 nations have enacted laws to contain tax avoidance menace, they said: "We should point out the circumstances stated by the Union of India, which triggered the insertion of Section 94A. It appears that many countries suffered evasion or avoidance of tax, by unscrupulous persons exploiting noble theories of public international law."
They further said: "The ordinary dictionary meaning of the word 'haven' is 'harbour or anchorage'. By extension, the word also denotes a place of safety, a refuge or sanctuary. In association with the word 'tax', the word 'haven' has assumed different connotations in the recent past and Panama appears to have followed Cyprus.. Hence, all the writ petitions are dismissed. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed. As we have pointed out earlier, both contracting parties are obliged to perform their obligations under the Treaty in good faith. When one of the parties commits a default by failing to provide information, it is not open to the beneficiary of such a default to contend that the other contracting party should honour their obligations," observed the judges.
Three petitioners, who filed nine petitions, challenged legality of Section 94-A(1), on the short ground that it conferred sweeping powers upon the central government to specify any country as a notified jurisdictional area in relation to transactions entered into by any assessee, irrespective of whether such country is one, with whom a bilateral treaty has already been entered into or not.
The treaty entered into by the government was virtually a law under Article 253 of the Constitution and so neither the Parliament could make any law that would go contrary to the treaty nor the government could take any executive action to annul the effect of the treaty so long as the treaty was in force, the petitioners argued.
A division bench of Justice V Ramasubramanian and Justice T Mathivanan, passing orders on s total of nine petitions, said there was nothing unconstitutional about Section 94A, which was actually was "the need of the hour."
According to Section 94-A (1) of the Income Tax Act, if an assessee has received or credited any sum from any person located in a notified jurisdictional area and the assessee does not offer any explanation about the source of the said sum or the explanation offered by the assessee, in the opinion of the assessing officer, is not satisfactory, then such sum shall be deemed to be the income of the assessee for that previous year.
India and Cyprus entered into an agreement to avoid double taxation of income and prevention of fiscal evasion since December 1994.
The impugned section was notified by India, as there was no information flow from Cyprus.
"We are of the considered view that the challenge to the Constitutional validity of Section 94A(1) is without any merit. The argument that Section 90(1)(c) cannot be diluted by Section 94A(1) overlooks the fundamental fact that if the purpose of the central government entering into an agreement under Section 90(1) is defeated by the lack of effective exchange of information, then Section 90(1)(c) is actually diluted by one of the contracting parties and not by Section 94A(1)...Any agreement entered into by the central government by virtue of the power conferred by Section 90(1) is in exercise of a delegated power. Similarly, any notification issued under Section 94A(1) is also in exercise of another delegated power," the judges said.
Pointing out that at least 15 G20 nations have enacted laws to contain tax avoidance menace, they said: "We should point out the circumstances stated by the Union of India, which triggered the insertion of Section 94A. It appears that many countries suffered evasion or avoidance of tax, by unscrupulous persons exploiting noble theories of public international law."
They further said: "The ordinary dictionary meaning of the word 'haven' is 'harbour or anchorage'. By extension, the word also denotes a place of safety, a refuge or sanctuary. In association with the word 'tax', the word 'haven' has assumed different connotations in the recent past and Panama appears to have followed Cyprus.. Hence, all the writ petitions are dismissed. However, there will be no order as to costs. Consequently, connected miscellaneous petitions are closed. As we have pointed out earlier, both contracting parties are obliged to perform their obligations under the Treaty in good faith. When one of the parties commits a default by failing to provide information, it is not open to the beneficiary of such a default to contend that the other contracting party should honour their obligations," observed the judges.
Three petitioners, who filed nine petitions, challenged legality of Section 94-A(1), on the short ground that it conferred sweeping powers upon the central government to specify any country as a notified jurisdictional area in relation to transactions entered into by any assessee, irrespective of whether such country is one, with whom a bilateral treaty has already been entered into or not.
The treaty entered into by the government was virtually a law under Article 253 of the Constitution and so neither the Parliament could make any law that would go contrary to the treaty nor the government could take any executive action to annul the effect of the treaty so long as the treaty was in force, the petitioners argued.
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