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    Summary:

     

    • Without following principles of natural justice no punishment should be imposed on the employee. 
    • Punishment should not be different to different employees who has committed the same or similar misconduct. 
    • In determining the quantum of punishment the Management should treat all the employee equally and there shall be no discrimination. 
    • The enquiry officer must be an independent person who is totally un-connected to the dispute and not an interested party in the outcome of the dispute. 
    • When an employee commits misconduct for personal gain punishment of dismissal is appropriate. 
    • When the acts of an employee adversely affect the interests of the company, it is nothing but gross misconduct and punishment of dismissal is appropriate.

    The Management of an industrial establishment has a right to exercise control over its employees. Employer employee relationship rests on the overall control that an employer is entitled to exercise over his employees, not only in regard to their work in the establishment but also in regard to their conduct and behaviour in relation to the performance of work. It also includes his attitude towards his co-workers, supervisors, outsiders with whom the employee may come into contact in relation to the performance of work. Without disciplinary control being exercised by the employer, work cannot run smoothly and efficiently.

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    Introduction: 

    At present, cross border services received by any individual or by Government or local authorities which are not in relation to business or commerce are exempt from service tax. Online database, access or retrieval services (hereinafter referred to as ‘OIDAR services’) provided by entities located outside India are not subject to service tax as the law with respect to place of provision of these services envisages that location of service provider is the place of provision of service which will be outside India. Further, these services are defined in a confined manner limiting to activities of providing data or information which is retrievable or otherwise to any person through a computer network. This legal position has now undergone sizable change with effect from 01.12.2016 as discussed hereunder 

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    The movement from existing regime to GST regime is gaining certainty with passing of each day. The recent council meetings give a sense of hope that the law shall be made effective from April, 2017. With GST around the corner, we would like to dwell upon on one of the transitional provisions under the revised model GST law made available in November, 2016. Among the set of transitional provisions, the section which is the subject matter of this article assumes highest significance since it is applicable to majority of the assessees and deals with the transition of credit from existing regimes to the GST regime. 

    Section 167 of the revised model GST law deals with ‘Amount of Cenvat Credit carried forward in a return to be allowed as input tax credit’. The salient features of Section 167 are discussed as under. 

    As per Section 167, every person other than who has opted for composition under GST, shall be entitled to take the credit in his electronic credit ledger, the amount of cenvat credit/VAT/Entry Tax carried forward in the returns relating to the period ending with the day immediately preceding the appointed day, furnished, by him under the earlier laws in such manner as may be prescribed. The section has a proviso which states that the credit shall be allowed only if such credit which is being carried forward is eligible also under GST laws.

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    The Bill was introduced to amend the Income-tax Act, 1961 and the Finance Act, 2016. The below are the changes proposed vide the amendment bill:

     

    1. Amendment to provisions of Section 115BBE (W E F 01-04-2017); 
    1. Proposed to amend the applicable tax rate in relation to income referred to in section 68/69/69A,B,C,D(Undisclosed Income-UI); 
    1. Voluntary disclosure and Income determined by the AO of UI shall be subject to tax @60%.( Existing position- No Voluntary Disclosure). Surcharge @25%. Effective Rate 77.25% including cess. The payment of tax has to be made before 31st March of the relevant previous year. 
    1. Amendment to Provisions of Section 271AAB1 :- by insertion of (1A) to the section

     

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