SPECIAL FOR CLAT

• In light of the Vodafone judgment, FIEO (Federation of Indian Exports Organization) has questioned the very basis of imposition of TDS (tax deduction at source) for payment with regard to overseas transactions. Under Section 195 of the Income-tax Act, exporters are asked to pay TDS on payments made for foreign agency commissions, royalties and offshore professional services even if there is no permanent establishment of the foreign agency in India.

• Law commission's new draft wants Khap panchayats on Marriages declared illegal: The Prohibition of Unlawful Assembly (Interference with the Freedom of Matrimonial Alliances) Bill, 2011 proposes no person or any group of persons shall gather with an “intention to deliberate on, or condemn any marriage, not prohibited by law, on the basis that such marriage has dishonored the caste or community tradition or brought disrepute to all or any of the persons forming part of the assembly or the family or the people of the locality concerned.” The Collector or the District Magistrate has been entrusted with the responsibility of ensuring the safety of the persons targeted in case any illegal decision is taken by the khap panchayat and he/she shall take necessary steps to prohibit the convening of such illegal gatherings. All offences under the proposed Act will be cognizable, non-bailable and non-compoundable. The cases will be tried in Special Courts presided over by a sessions judge or additional sessions judge.

• By joining a coalition government and becoming Ministers, Independents will not lose their separate identity, and later by expressing lack of faith in the Chief Minister, they will not attract disqualification, the Supreme Court ruled.

Having introduced the Land Acquisition and Rehabilitation and Resettlement Bill in Parliament, Mr. Jairam Ramesh now is focusing on another aspect of land reforms. If his proposal goes through, then the State governments, which play an important role in land acquisition, will now have to leave all issues on forest and tribal land to be decided by the gram sabhas. Also to monitor land ceiling breaches the Government is proposing amendments to the Benami Transactions (Prohibition of the Right to Recover Property) Act, 1989 and also put a ban on the alienation of property for Special Economic Zones.