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Gifts upto Rs. 50,000 from employer to employee exempted from GST

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GST on gifts

SHIMLA– Gifts and perquisites supplied by companies to their employees will be taxed under Goods Service Tax, informed the Finance Ministry of India. The slab for exemption has been decided at Rs 50,000 per year. In simple words gifts upto Rs. 50,000 per year from an employer to his employee will be outside the ambit of GST. However, gifts of value more than Rs 50,000 made without consideration will be subject to GST, when made in the course or furtherance of business, said the statement released by Ministry.

What Constitutes a Gift?

Gift has not been defined in the GST law. In common parlance, gift is made without consideration, is voluntary in nature and is made occasionally. “It cannot be demanded as a matter of right by the employee and the employee cannot move a court of law for obtaining a gift”, said the ministry.

Taxation of Perquisites

Another issue is the taxation of perquisites. Services by an employee to the employer in the course of or in relation to his employment are outside the scope of GST (neither supply of goods or supply of services).
The supply by the employer to the employee in terms of contractual agreement entered into between the employer and the employee will not be subjected to GST.

Further, the Input Tax Credit (ITC) Scheme under GST does not allow ITC of membership of a club, health and fitness centre [section 17 (5) (b) (ii)].

If such services are provided free of charge to all the employees by the employer then the same will not be subjected to GST, provided appropriate GST was paid when procured by the employer.

The same would hold true for free housing to the employees, when the same is provided in terms of the contract between the employer and employee and is part and parcel of the cost-to-company (C2C).

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Three Farm Laws to be Withdrawn, Announces PM Modi Ahead of Elections in Punjab and UP

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farm laws withdrawn

New Delhi: Ahead of assembly polls in Punjab and Uttar Pradesh, Prime Minister Narender Modi on Friday retreated from his stand on the three contentious farm laws and announced that the government will repeal three laws. He requested the protesting farmers to end the protest that has been going on for over a year now.

He said the three laws would be repealed in the winter session of Parliament starting later this month. He also said that though the laws were in the interest of the farmers, his government failed to convince them.

The Prime Minister chose the occasion of Guru Nanak Jayanti to make this announcement. The decision is being perceived as an attempt to appease the farmers, especially in Punjab ahead of the assembly polls. Also, the results of by-poll held in various states are being seen as a setback to the ruling government that compelled it to reconsider its stand on the farm bills.  

The Prime Minister said, “today I have come to tell you, the whole country, that we have decided to withdraw all three agricultural laws. In the Parliament session starting later this month, we will complete the constitutional process to repeal these three agricultural laws”.

It’s pertinent to mention that the Centre government had to announce a cut in taxes on petrol and diesel right after the results of bye polls were declared.

The three contentious bills are The Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 and the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Bill.

The opposition Congress and farmers’ bodies have termed it a victory of their unity against the government’s decision. Former Chief Minister of Punjab, Captain Amarinder Singh was one of the first to welcome the decision through a Tweet.

 

 

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Himachal Kisan Sabha Condemns Alleged Mowing Down of Protesting Farmers by Minister’s Son, Calls it “Ghastly” and “Inhuman”

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Himachak Kisan Sabha

Shimla-Himachal Kisan Sabha has condemned the incident where four farmers were allegedly run over by vehicles in Lakhimpur Kheri district of Uttar Pradesh on Sunday, terming it a “ghastly” and “inhuman” act. The Sabha paid tribute to the martyred farmers and demanded immediate arrest of Ashish Mishra – son of Union Minister of State for Home Affairs Ajay Mishra – and other accused and book them under Section 302 (murder).

The farmers have alleged that three SUVs that mowed down protesting farmers were part of the convoy of the Union Minister of State. The farmers alleged that Minister’s son was behind the wheel in one of these SUVs. Following this incident, violence broke out that killed four more persons. The Minister, however, denied the allegations. 

Kisan Sabha also demanded that an inquiry should be conducted into the incident by a Supreme Court Judge. The Sabha also demanded that the Union Minister of State should be suspended with immediate effect.

Sabha said that it’s extremely shameful that the Centre government is attempting to end farmers protest against three Farm Laws in a dictatorial way by means of violence.

“On September 25, 2021, Union Minister of State, Ajay Mishra, had threatened to end the farmers protest within two minutes in a public meeting, and now his son has been alleged of mowing down farmers,” said State President of Himachal Kisan Sabha, Dr Kuldeep Singh Tanwar.

“The execution of this ghastly act merely one day after the non-violence day clearly reflects that the current Centre Government has no belief in democracy. The government wants to suppress dissenting voices rising against it at any cost,” Tanwar added.

Dr Tanwar further added that protests would be staged against this “barbaric” act in Himachal Pradesh too. The sacrifice of martyred farmers won’t go in vain, and it would only strengthen the farmers’ protest, he added.  

Meanwhile, following this incident, Priyanka Gandhi, who was on her way to Lakhimpur to meet the affected families, was detained by police, while Akhilesh Yadav – former Chief Minister of UP and president of Samajwadi Party- was put under house arrest ahead of his scheduled visit.

 

 

 

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Covid-19 Needs a Regional Response, Say Physicians and Activists at SAPAN Meeting

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Poster

Peace activists under the SAPAN platform conducted an event on Sunday which included prominent physicians like Dr Zafrullah Chowdhury, Dr Anup Subedee, Dr Vandana Prasad, and Dr Hamid Jafari of Pakistan (led the team that eradicated polio in India). Speakers included Salima Hashmi, Khushi Kabir, Kanak Dixit, Lalita Ramdas, besides journalists Beena Sarwar, Mandira Nayar and others. Activist Priyanka Singh conducted the event.

South Asian countries cannot go it alone, that’s irrational,’’ said Dr. Zafrullah Chowdhury, renowned public health activist and Ramon Magsaysay awardee from Bangladesh.

The hard lockdown in his country will lead to furthering the inequalities in society, he warned, emphasizing that it is irresponsible to impose lockdowns without providing food. “Poverty has increased. There are 25 million more poor without food.”

Dr Chowdhury was among the physicians and health right activists across countries who came together on Sunday 27 June at a webinar organised by the South Asia Peace Action Network (SAPAN) to emphasize that the coronavirus pandemic must be fought collectively.

The third in the series of SAPAN’s monthly public webinars themed ‘Imagine: Neighbours in Peace’, the meeting focused on health as an entry point to talk about South Asian regionalism and Healthcare for all. Three main aspects deliberated included:

  How the pandemic is affecting rural areas of South Asian countries, hurdles in treatment, and access — or lack thereof — to vaccinations.

  How COVID-19 has affected mental health, women and particularly women in rural areas of all the countries of the region

  How the challenges are similar in all countries of the region and require similar solutions.

The meeting took place at a time when South Asia is reeling from the devastating second wave of Covid-19, especially in India. With Delta plus virus mutation now detected in parts of the region, the possibility of another wave looms large.

Journalist Mandira Nayar in Delhi moderated the physicians’ panel with Dr Zafrullah Chowdhury in Dhaka; infectious diseases specialist Dr Anup Subedee in Kathmandu and public health activist Dr Vandana Prasad also in Delhi. Dr Hamid Jafari of Pakistan, who led the WHO team that eradicated polio in India, joined from his current posting in Jordan. 

Dr Chowdhury advocated challenging vaccine-producing countries and pushing South Asian governments to invest more in public health.

Participants also noted that the pandemic has particularly hit women hard.

“Domestic violence has increased,” noted Dr Prasad. Women often lack control over finances, are primary caregivers and shoulder the responsibility of caring for the ill. The pandemic has pushed women further into the margins, she said, adding that there is also a “gender dimension to the access of vaccines”.

She urged doctors to enter the peace activism domain, because the poor all over are at the brink of disaster.

Dr Prasad drew attention to the gendered nature of pandemic and frontline workers, as well as Dalits, indigenous people, other minorities. “Telemedicine is important, but we must not lose focus on need for ground-based public health to begin with”.

Frontline workers in India, the accredited social health activist (ASHA) workers often lack training, safety equipment and often doesn’t get her wages for months.

While highlighting that a public health system is meant to be a great equaliser, Dr Anup Subedee noted how the pandemic exposed systematic failures in many aspects of life in Nepal, referring not only to the grievous impact on non-Covid healthcare – like child immunization and maternity care – but also the painful ordeals of healthcare community itself. 

He shared how the healthcare community in Nepal has been compelled to deal with threats of violence, lack of access to personal protection equipment, prospects of income loss without any social security system support, and an unaddressed mental health crisis among healthcare workers. 

Doctors at the meeting endorsed the need for greater cooperation and collaboration across borders. Participants called on the governments to allow free flow of critical equipment and medical personnel across borders. Prime Minister Narendra Modi had floated the idea of a SAARC medical visas for patients and for medical teams to assist during the pandemic – something that must be followed up.

The doctors also urged the international fraternity to push for a Trade-Related Aspects of Intellectual Property Rights, or TRIPS, waiver so that the Covid-19 vaccine production can be ramped up. “It is the way forward for vaccines for all,’’ asserted Dr Prasad.

Activist Khushi Kabir in Dhaka introduced the event. She talked about connections, sharing her memory of how Dr Haroon Ahmed, one of the event’s speakers, was her physician when she was a child and he was starting work at a government clinic in Karachi. Dr Haroon was unable to join at the last moment due to ill health. 

Wishing him a speedy recovery, Khushi commented, “Each time we meet, there are more losses people who have been part of our journey”. As at the previous SAPAN meeting there was a commemoration of mentors and leaders whose vision SAPAN is taking forward, like Asma Jahangir and Dr Mubashir Hasan, and Nirmala Despande and others. 

There was also a moment of silence to express condolences and share the grief of the families and friends of those lost to Covid and other causes over the past month. “Since we were unable to memorialise everyone, the presentation could only be symbolic,” noted Khushi Kabir.

The In Memoriam slideshow includes journalist Ghazi Salahuddin’s three siblings taken by Covid in as many weeks, including Dr Aquila Islam, Pakistan’s first woman nuclear physicist. It also included the legendary runner Milkha Singh and his wife, volleyball champ Nirmal Saini who died within days of each other, and radiologist Chinna Dua, 56, wife of journalist Vinod Dua. She had endeared herself to music and poetry lovers across the region when she joined Tina Sani some years back at the Faiz Festival in Karachi – on Facebook at this link.

Ghazi Salahuddin has written about his family tragedy in a brave and heartbreaking oped for The News, Partings without goodbyes (20 June 2021), noting: “my struggle to cope with this terrible bereavement was eased a bit when I reminded myself that this pandemic has devastated so many families across the world…”

Several well known activists and experts also joined from Pakistan, India, Bangladesh, Nepal and elsewhere, including Hina Jillani, Urvashi Butalia, Jean Dreze, Kavita Srivastava, Shireen Huq, Kanak Mani Dixit and others.

The South Asia Peace Action Network (SAPAN) is primarily a coalition of individuals and organisations aiming to take forward a peace agenda for the region, building on the work done by mentors and leaders over the last few decades. 

SAPAN founder and curator Beena Sarwar shared the story of this network and her vision for an inter-generational, multi-sectoral, inter- and intra-regional coalition of individuals and organisations coming together in broad consensus for a one-point agenda.

Facebook live recording is online at this link

Source: SAPAN,  Beena Sarwar, Kanak Mani Dixit, Mandira Nayar, Rida Anwaar, Rehmat Merchant, Priyanka Singh and some other peace activists present in the virtual session

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