TIOL-DDT 301 · the untouched capture
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<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#663399" size="3">TIOL-DDT
301</font><br>
13 02 2006<br>
Monday</b></font></p>
<p align="center"><b><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Import
of wheat at zero duty</font></b></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Government
has allowed import of 5 Lakh MTs of wheat duty free. The DGFT has amended the
ITC classification to facilitate this. The imports allowed only through the
STC have to be completed by 31st august 2006 and will be allowed only through
the ports of Chennai, Tuticorin, Cochin, Vishakhapatnam, Mangalore and Kakinada.<br>
<br>
<a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=47&filename=notification/dgft/2005/dgft05pn087.htm">DGFT
PUBLIC NOTICE NO. 87 (RE-2005)/2004-09, Dated: February 9, 2006</a></font></p>
<p align="center"><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Online
submission of applications – EFT optional till 31.3.2006</b></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">DGFT
has decided to make the system of remitting licence fee through the EFT mode
optional till 31.03.2006. The exporter will now have an option to remit licence
fee either through the EFT payment gateway of the DGFT designated banks on the
DGFT website dgft.gov.in OR submit the licence fee through a Treasury Challan
or Demand Draft. However, the mandatory electronic submission of certain category
of applications i.e. Advance Licence (excluding Para 4.7 and DFRC applications),
Advance Licence for Annual Requirement, EPCG Licence and DEPB Licence (for EDI
shipping bills from notified EDI Ports w.e.f. 01.10.2005) with digital signature
on the DGFT website will continue. Wherever applications are submitted with
digital signature only a 25% fee concession will be applicable and those submitted
with digital signature and EFT will get a 50% fee concession.<br>
<br>
In exceptional circumstances, EDI Custom ports allows clearance of export shipments
on manual DEPB Shipping Bills instead of EDI DEPB Shipping Bills. At present,
the DGFT EDI system does not allow filing of ECOM applications on the DGFT website
in case of manual DEPB shipping bills from notified EDI ports and the exporter,
in these cases, has to necessarily submit a manual DEPB application to the concerned
Regional Licensing Authority in the Aayaat Niryaat Form along with necessary
documents in original and payment of full fee. In the interest of trade facilitation,
the earlier system of filing ECOM applications on the DGFT website in case of
manual shipping bills from notified EDI ports is being re-introduced and no
manual DEPB applications will be allowed.<br>
<br>
DGFT has requested Trade and Industry that necessary formalities for operationalising
EFT accounts with DGFT designated banks may be completed before 31.03.2006 to
ensure that their import/export shipments are not effected. No further extension
beyond 31.03.2006 will be considered.</font></p>
<p align="left"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=46&filename=notification/dgft/2005/dgft05cir048.htm">CIRCULAR
NO 48(RE-2005)/2004-2009, Dated: February 10, 2006</a></font></p>
<p align="center"><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">
<b>File notings are not, as a matter of law, exempt from disclosure under Right
To Information Act – CIC</b></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Information
Act is steadily taking steps – Government servants cannot really hide
files from their masters, the citizens. In a landmark order the Central Information
Commission has ordered that file notings are not exempted from disclosure under
the RTI Act. The interesting facts are as follows:-<br>
<br>
Shri Satyapal – appellant, a resident of Delhi, applied to the CPIO, TCIL
seeking for copies of certain documents. The CPIO, TCIL furnished copies
of certain documents, however, stating that a particular document sought for
was a file noting in the Department of Telecom and as such it was exempt from
disclosure. Shri Satyapal again wrote to the CPIO, TCIL pointing out that the
information sought for by him did not fall within the ambit of Section 8 of
the RTI Act and as such the same should be supplied. He also brought to the
notice of CPIO, that in respect of information already furnished, a copy
of a bill in respect of advertisement relating to independence day 1996 had
not been supplied. The CPIO, while furnishing a copy of the bill, once again
reiterated that file notings are exempt from disclosure in terms of the clarification
given by the Department of Personnel in their website. Aggrieved by this decision,
Shri Satyapaul preferred an appeal to the appellate authority stating that file
notings are not exempt from disclosure in terms of Section 8 of the RTI Act.
The appellate authority rejected the appeal stating “The information sought
by you pertains to the file notings of the Department of Telecommunication as
also that of TCIL. I am of the view that TCIL is exempted from disclosing the
information sought by you under Section 8(1)(d)&(e) of the RTI Act. UO No.7-17/95-PP
dated 4.10.1995 is a part of file notings. You have mentioned in your appeal
that the information has been denied misconstruing it as “file notings”
by CPIO, TCIL. I confirm that these are notings in the file”. Aggrieved
with the decision of the appellate authority, Shri Satyapal has filed appeal
before this Commission.</font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>The
commission observed,<br>
</b><br>
++ the Act has been enacted to vest with the citizens, the right of access to
information under the control of public authorities in order to promote transparency
and accountability in the working of any public authority<br>
<br>
++ Conscious of the fact that access to certain information may not be in the
public interest, the Act also provides certain exemptions from disclosure<br>
<br>
++ In the system of functioning of public authorities, a file is opened for
every subject/matter dealt with by the public authority. While the main file
would contain all the materials connected with the subject/matter, generally,
each file also has what is known as note sheets, separate from but attached
with the main file<br>
<br>
++ Most of the discussions on the subject/matter are recorded in the note sheets
and decisions are mostly based on the recording in the note sheets and even
the decisions are recorded on the note sheets<br>
<br>
++ These recordings are generally known as “file notings”. Therefore,
no file would be complete without note sheets having “file notings”.
In other words, note sheets containing “file notings” are an integral
part of a file.<br>
<br>
++ a citizen has the right of access to a file of which the file notings are
an integral part<br>
<br>
++ If the legislature had intended that “file notings” are to be
exempted from disclosure, while defining a “record” or “file”
it could have specifically provided so.<br>
<br>
Therefore the Commission held the firm view that in terms of the existing provisions
of the RTI Act, a citizen has the right to seek information contained in “file
notings” unless the same relates to matters covered under Section 8 of
the Act.<br>
<br>
So the Commission directed the CPIO to furnish the information by 15.02.2006.
If the CPIO felt that the file notings are still exempted from disclosure, he
is to place the notings before the Commission today (13.02.2006) to determine
whether they are exempt.<br>
<br>
You can see the full text of the order in <a href="http://www.hrindiaonline.com/laws4u/2006-HRIOL-02-CIC.php"><b>2006-HRIOL-02-CIC</b></a>
in our site <a href="http://www.hrindiaonline.com"><b>www.hrindiaonline.com</b></a></font></p>
<p align="center"><IMG height=62 src="http://www.taxindiaonline.com/RC2/image/ddt/gnl_txt.jpg" width=375></P><TABLE cellSpacing=0 cellPadding=0 width=350 align=center border=1><TBODY><TR>
<TD><IMG height=67 hspace=5 src="http://www.taxindiaonline.com/RC2/image/ddt/gnl_word.jpg" width=67 align=absMiddle vspace=5><B><I> <font size="2" face="Verdana, Arial, Helvetica, sans-serif"><b><font color="#663399"><i>Sine
qua non</i></font></b> – (<b><font color="#663399">sini –
kwa – non</font></b>)</font> - </I></B> <O:P></O:P></TD>
</TR></TBODY></TABLE>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">
An essential element or condition; pre condition; "without which it could
not be"; This phrase has strayed into general language from Law.<br>
<br>
A leaves his car with the key in the ignition. A child starts the car and hits
C. Without A’s careless act, the child could not have driven the car.
A’s act was condition Sine qua non of C’s injury.<br>
<br>
<b>From judgements:</b></font></p>
<p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">“The
provisions of the Act mandate that a finding that the goods are marketable is
a prerequisite or “sine qua non” for the levy of duty”.<br>
<br>
The sine qua non of a good and efficient administration is that it is fair and
transparent.<br>
<br>
But it is a sine qua non that the liability to pay service tax should be, in
the first instance, fixed on the non-resident service-provider so that the tax
could be demanded from the service-recipient in India.<br>
<br>
<font color="#663399"><b>Intelligence is when you spot a flaw in your boss's
reasoning. Wisdom is when you refrain from pointing it out. </b></font>-
-- <i><b>James Dent </b></i></font></p>
<p align="justify"><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Until
tomorrow with more DDT</b></font></p>
<p align="justify"><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Have
a nice day.</b></font></p>
<p align="justify"><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Mail
your comments to</b></font><font size="2" face="Verdana, Arial, Helvetica, sans-serif">
<a href="vijaywrite@taxindiaonline.com">vijaywrite@taxindiaonline.com</a></font></p>
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