TIOL-DDT 201 · the untouched capture
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<html> <head> <title>Untitled Document</title> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> </head> <body bgcolor="#FFFFFF"> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#6633CC" size="3">TIOL-DDT 201</font><br> 14 09 2005<br> Wednesday</b></font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"> <b>The poor my lord!<br> Should Judges Stand Before Governments With Begging Bowls?</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> 'It gives us the feeling that all governments, central and state, irrespective of parties, want judges to be standing before them with begging bowls,'' lamented Justice K P Sivasubramaniam of Madras High Court during his retirement address yesterday. He said that because judges do not have a lobby in Parliament or with politicians they are lowly paid. He however added that low pay should not discourage a judge from discharging his duties as they had entered the service knowing fully well as to what would be paid and having become a judge had to perform his duty to the utmost satisfaction. <br> <br> He admitted that the taxpayer had the right to judge judges, but should also question whether the judges are properly paid. <br> <br> “Tax payers who are our pay masters are entitled to express disappointment on whatever issue they are not satisfied with in our performance. At the same time I feel that the tax payers should also ask themselves whether the judiciary and individual judges are given all that is necessary to ensure independence."<br> <br> "I am sure any practical and sensible tax payer would gracefully agree that the infrastructure, salary and perks given to judges of High Court and Supreme Court do not reflect what they deserve. At the outset I hasten to state categorically that no judge has any business to cite that as an excuse if any behaviour on his part was unworthy of a judicial officer." <br> <br> In 1950 a High Court judge used to get a salary of Rs. 3500 per month. <br> <br> If judges have to worry about how to make ends meet, it is a sad commentary on our judicial system and it is time society and government should seriously ponder whether we allow our judges a decent living so as to enable them to give us decent judgements. And so the views expressed by a retiring judge should deserve all attention.<br> <br> While a retiring judge is angry about low salaries, a serving Chief Justice is again in controversy. Chief Justice BK Roy of the Guwahati High Court is again facing the prospect of a transfer barely six months after he was last transferred. Last time around lawyers stood by him, but now they are also demanding his transfer. The Chief Justice is not exactly in the best of terms with his brother judges!</font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"> <b>FBT stayed - For the petitioner only</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Madras High Court has stayed levy of Fringe Benefit Tax (FBT) on a chartered accountant firm. The interim injunction was granted by Justice K Raviraja Pandian on a petition filed by Ashok Kumbhat, partner of M/s Kumbhat and Company and former president of Institute of Chartered Accountants of India (as reported in DDT earlier)<br> <br> Admitting the petition, the judge directed issue of notice to the Union Secretary in the Law, Justice and Company Affairs Ministry and the Central Board of Direct Taxes. <br> <br> The petitioner had challenged the FBT as unconstitutional and arbitrary. </font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Air Conditioners filled with HCFC 22 – free import allowed</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> DGFT has clarified that air conditioners are allowed free import under the Foreign Trade Policy. However, in case of import of Air Conditioners filled with HCFC 22 (R-22) Gas, Customs have been raising objections and asking the importers to produce import license. DGFT is in consultation with the Ministry of Environment and Forest in order to evolve a GATT compatible regulation for import of Air Conditioners. In the meanwhile Air Conditioners which have already landed and arrived but not cleared for home consumption will be treated as free and clearances will accordingly be allowed by Customs. Will the Customs allow this till CBEC issues a circular? Wait for the Board Circular.<br> <br> <a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=46&filename=notification/dgft/2005/dgft05cir026.htm">DGFT CIRCULAR NO. 26 (RE-05)/2004-2009 Dated :September 13, 2005. </a></font></p> <p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Blowing our own trumpet</b></font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> While DDT is grateful to a large number of netizens for their greetings on the 200th edition, the temptation to highlight a few opinions is irresistible within the mortal limits of modesty.<br> <br> • There are many out here like me who treasure each and every one of the DDT issues, hard copy, so that if I miss reading the same on the same day, the next day certainly I will.<br> <br> • Your story on this occasion was awe-inspiring and should motivate every one of us to do our bit in all spheres of life for enhancing the fame and glory of this great country afflicted by social diseases and moral ineptitude. As the moral of the story goes the motivation should start from the top not the bottom. I hope at least in this Department, all the Deputy Commissioners and above will read this story and do their bit so that the rest will automatically follow suit without a murmur. I try not to miss even one edition of DDT.<br> <br> • It is like being addicted to reading. I use it more as a search engine and have been successful till date in my day to day affairs in Office.<br> <br> • DDT is very good. It’s quick, informative, frank and forthright and always timely.<br> <br> • Congrats on 200th DDT. Yes, whatever we all do sitting in the offices, is trivial before the brave soldiers who protect our country. Narrating this story on a day like this tells what you stand for. Keep it up!!!<br> <br> I would have gladly reported a few critical comments but we did not receive any!<br> <br> <font color="#FF6666"><b>Until tomorrow with more DDT<br> <br> Have a nice day. <br> <br> Mail your comments to</b></font> <a href="vijaywrite@taxindiaonline.com">vijaywrite@taxindiaonline.com </a></font></p> </body> </html>