Big companies violate building by law

Big business, sadly, happen to be the violators of building bylaw in the city.The names are: Tobacco major ITC, owners of Coffee Day, and a company of R N Shetty group. The Bruhat Bangalore Mahanagara Palike (BBMP) has admitted that these companies have taken up constructions sans the commencement certificate (CC). In fact, many of the constructions are in the final stages.
A senior journalist had sought under Right To Information (RTI) Act, in September last, copies of commencement certificates and occupancy certificates issued by JDTP between January 2005 and September 2006. It took seven months for the Palike and a rap on its knuckle from the Karnataka Information Commission (KIC) to produce result.And the Palike had to admit that it was not seriously implementing the building by law. In March, the applicant shortlisted 27 ongoing constructions in the city and demanded documents on them. JDTP furnished the information in two instalments.

On April 28, he gave 10 CCs and on May 5, he furnished seven more. When asked about the remainder, Topagi said that it should be ‘understood as not issued’. But why cannot BBMP enforce its own building bylaw? ‘‘We work under tremendous political pressure,’’ he said

Stock Exchange under RTI

The market regulator SEBI has said the country’s stock exchanges are “public authorities” and, therefore, have to disclose information, if asked to, under the provisions of the Right to Information (RTI) Act.
Currently, any request for information from the stock exchanges has to be routed through Securities and Exchange Board of India (Sebi). While this will make it easy for investors to obtain information from the exchanges, some experts said it could lead to disclosure of sensitive information regarding trades and could be misused by people. Representatives of India’s largest exchange, the National Stock Exchange, said they were studying the matter and would need more time to respond.
Sebi’s written submission to the Central Information Commission (CIC), the body that oversees applications made under the RTI Act, comes in the context of requests by investors for information from the National Stock Exchange and the Jaipur Stock Exchange. Both exchanges had refused to provide the information and the investors appealed to CIC.
The commission had written to Sebi asking for its opinion and the regulator has replied that the exchanges were indeed beholden to provide information under the RTI Act.

Companies,NGOs ,HUF may apply under RTI

In a landmark decision, the Central Information Commission said that corporate entities seeking information should be allowed to use the Right to Information (RTI) Act. Earlier the RTI could only be used by natural citizens of the country.

(With inputs from PTI)

RTI Application through Internet

The Right to Information is set to take its next big leap, into the Internet. CIC will this week ask all departments to begin accepting applications via E-mail, and has proposed to the prime minister that government-related information of any kind that can be shared with citizens - possibly tens of millions of pages - be put on the Internet.In the future, citizens can even look forward to seeking information from the government sitting at home - making payments online through credit cards. Applicant will be able to send application via e-mail, and the fee of Rs 10 can be sent through postal order whose number will be in the e-mail.

RTI Expose:Thousand crores Government Revenue not recovered but who cares?

On analysis of data furnished by most of the Customs , Excise Department from all over country it revealed that excise duty ,custom ,and service tax worth thousand crores is pending for recovery due to various reasons . In most of cases it is pending due to legal battle being fought in various tribunals/court like CESTAT, High Court, Supreme Court etc. for years. It is within the powers of excise officers to enforce the rule of law and collect the dues from defaulters within the parameters allowed under law. Section 11 of Central Excise law empowers excise officers to deduct any dues from any amount payable to the tax defaulters including attachment and sale of excisable goods. In case these methods fail then a concerned officer can sign a certificate giving the details of amount due and send it to the concerned collector to make the recovery from the defaulters by way of attaching the property of defaulters etc. Rule 230 of Excise law empowers designated officer to detain the goods / plant and machinery of the defaulters. under Section 13 arrest of the defaulters and under section 9 imprisonment up to 7 years can also be made under special circumstances.
When law permits law enforcement agencies to take stringent steps to recover the amount from the defaulters why recovery is not made even after the lapse of 1--15 years. Leniency shown to tax defaulters by department in recovering the tax dues smack some foul play which needs proper investigation. For cases of heavy value pending with courts for years with tribunals and courts Tax department may approach courts for quick disposal . For units which are closed and owners are untraceable special efforts should be made to recover tax dues. Photos of owners with their name etc. may be published in the newspapers.
It must be remembered that money which is pending for collection belongs to the citizens of this country and they need it urgently.
Information on pending amount of more than Rs. 5 lac was demanded from the Department of Revenue which forwarded the application to various commissioner ate under its control.
Some commissionerate furnished information honestly but some commissionerate avoided in doing so on the ground of commercial confidence. Some important facts brought out by these departments are as follows;
Under the column Current status it coolly stated " Not paying " or "under persuasive action". It is quite strange that when excise duty worth crores are pending and the department is only persuading the party to pay. Why stern action like attaching of property ,arrest of proprietors etc are not taken. In one case ( Sl.no.8) it is satisfied with the monthly installment of Rs 15000/- against the total due of Rs 17.66 lac. pending against renowned company Excide Industries. It is pending due to the fact that their stay application is pending with Commissioner Appeals.
Commissionerate: 110 cases of more than Rs 5 lacs valuing more Rs 15 crores are pending for recovery . Reasons given are many like units referred to BIFR , appeal in CESTAT, cases pending with COD etc.
Excise Commissionerate: 108 cases of more than Rs 5 lacs valuing more Rs 30 crores are pending for recovery . Reasons given are many like units referred to BIFR , appeal in CESTAT, cases pending with COD etc. Among prominent defaulters are IOC,Maharaja Home Appliances etc.
Even though department did not the specify the date since when amount is pending and address of the defaulters but it gave the list of 53 Excise Duty and list of 14 of Service Tax defaulters of value of Rs 5 lacs or more. In many cases it mentioned that units are closed but did not specify actions being taken to recover the amount after units are closed. Why Certificate action is not being taken to recover the dues.