GST to bring dramatic changes in tax system: Survey
New Delhi : As a reform measure, the Goods and Services Tax (GST) would result in dramatic changes in the Indian tax system, the Economic Survey 2015-16 said on Friday.
"GST rollout will be a major reform measure in the global tax history as it is estimated to affect 2-2.5 million excise and service tax payers across the country when implemented," said the survey, presented in the Lok Sabha by Finance Minister Arun Jaitley.
The tax requires a constitution amendment bill, which has been passed by the Lok Sabha last year but awaits approval of the Rajya Sabha where it is stuck as the government does not have a majority.
The GST will also check speculation in real estate with higher property tax rates, it said.
The survey proposed widening the tax net to 20 percent from 5.5 percent of earning individuals, reasonable taxation of the better-off and income from real estate and agriculture, annd phasing out of the tax exemption raj.
It also called for widening the individual tax payers' base as 85 percent of the economy remains outside the tax net despite the number of tax returns filed picking up since mid-1980s.
As a step towards building fiscal capacity, the survey suggested that the easiest way to widen the tax base would be not to raise exemption thresholds, unlike in the past when they were raised much more rapidly than underlying income growth.
Calling for a review and phasing out of the tax exemption raj that benefited the richer private sector, the survey recalled the promise of reducing corporate taxes to 25 percent from 30 percent and phasing out of exemptions, reasonable taxation of the better-off individuals in industry, services, real estate or agriculture.
It identified higher property tax rates with periodic updation to improve local government finances, discourage speculation in real estate sector and pave way for smart cities.
Another alternative to fiscal consolidation will be to reduce subsidies to the well-off amounting to Rs.1 lakh crore by better targeting subsides to the poor. 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.


India can gain over $500 bn yearly joining TPP: Economic Survey
New Delhi : India could experience export gains of more than $500 billion per year, or 60 percent increase, from joining an expanded Trans-Pacific Partnership (TPP) or participating in a comprehensive Free Trade Area of the Asia Pacific (FTAAP) and the country's national income would expand by 4 percent, or $200 billion, said the Economic Survey 2015-16.
The Survey, presented by Finance Minister Arun Jaitley in parliament on Friday, cited experts to say that India is most competitive in services trade and reduction of trade barriers in services among TPP members will result in growth in India's services exports.
"The possible risks of not joining the TPP are difficult to quantify, but some of the research has highlighted the possibility of trade diversion and raised concerns about erosion of India's share in exports to the US and Europe," it said.
The TPP is a US-led trade agreement involving twelve Pacific Rim countries and concerning a variety of matters of trade and economic policy, on which consensus was reached in October last year after seven years of negotiations.
"The TPP is expected to make around 11,000 tariff lines duty free for its members, which may result in loss of competitiveness of Indian exports in these markets," it added.
Noting TPP economies on average are more open than the Indian economy, the survey said the service trade restriction index of the World Bank indicates that the TPP economies are less stringent about entry of services than India.
Last month, Commerce Minister Nirmala Sitharaman sought to reassure Indian industry that there would be no adverse impact of entering into the TPP agreement.
"There is nothing to worry about the adverse impact of TPP on India. We have taken necessary steps to boost India's trade and investment in the wake of emerging new trade architecture," she said in her address at the Confederation of Indian Industry's annual partnership summit here.
Sitharaman also said the real implementation of TPP has a long way to go as till date, not a single TPP member has got it passed through their parliament.
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.



David Smith

8 months ago

TPP & the other Global Corporate treaties/'arrangements'; Suing the Global Corporate Economy via ‘your’ government.
Japan; ‘The Submission’ to The Supreme Court of Canada paves the way for Expanding & Improving the basis of the Yamada led ‘Sword & Shield’ Counter attack Suit against the Japanese gov’t, et al. TPP & other Global Corporate Treaties/’Arrangements’ signatory gov’ts. in Conflict of Interest.

(CAN.) – The TPP & the other global corporate treaties/’arrangements’ provides that the signatory governments will not only be no longer able to sue corporations for not adhering to the laws of their host countries & thereby, replace the desire of American lead corporations for tort reform with tort abolishment, but the TPP will also place the signatory governments in positions of a conflict of interest in regard to their own harmless citizens who are being forced to find their own, non-governmental means of enforcing existing & future laws that have been passed by way of:
1) the secrecy of unethical lobbyists for the benefits of their wealthy corporation clients & their shareholders,
2) the ethical desire to compete with other countries by passing laws that protect & enhance the well-being of its citizens regarding their health care, education, worker safety, environment, transfer payments, etc.

However, it seems that it is only recently that the harmless citizens of Japan & other nations are learning that due to Corporate Canada’s, &/or, the government of Canada’s anxious desire to impress its TPP corporate associates, &/or, the citizens of Japan, et al, with:
1) its unencumbered access to the natural resources that are continuing to be discovered in Canada,
2) its ability to ‘manage’ Native Canadians in regard to accessing the aforementioned natural resources in Canada
3) et al,
Corporate Canada, &/or, the Canadian government has misinformed its corporate associates & deprived its corporate associates of due diligence information (eg. the Canadian government, et al, is continuing to deprive Native Canadians, et al, of the information & questions in The W.A.D. Accord),
which will greatly affect the costs of developing the aforementioned natural resources, and thus, as a consequence of Corporate Canada’s, &/or, the Canadian government’s actions it has given the harmless citizens of Japan, et al, the basis for:

1) not only, suing Corporate Canada, &/or, the government of Canada, via the Canadian government,
but, for :
2) also expanding & improving upon Mr. Yamada’s existing suit against the Japanese government, &/or, Corporate Japan, et al, as well.
And, thus, Corporate Canada, via their lobbyists to the Canadian government, are most anxious to escape from their liabilities by a rapid ratification of the TPP, et al.

Therefore, the Japanese group, led by Mr. Masahiko Yamada, who are suing their government regarding the Trans-Pacific Partnership on behalf of themselves & the citizens of Japan, might seriously consider suing Corporate Canada, in order to ensure that they, the harmless citizens, do not end up having to ‘contribute’ any of their tax dollars to pay for The Compensation in The W.A.D. Accord, et al, & thereby, prevent Corporate Canada from escaping its liabilities by way of the ratification of the TPP, et al.

Furthermore, by suing Corporate Canada &/or, the government of Canada, by Mr. Yamada’s group, would enable the harmless citizens of Japan as a ‘sword’ & a ‘shield’ to prevent the government of Japan from using any of tax dollars of the harmless citizens of Japan to further punish the harmless citizens, ie. the ‘shield’ & to provide the monies necessary from the punitive damages, on an on-going basis, to continue to fight the future capricious forays & assaults against the harmless citizens’ democracy
and counteract the damages to it, etc. caused by Corporate Japan, the government of Japan, et al, ie. the ‘sword’.

In the meantime,
Please see the reference material below:
‘The Submission’ to The Supreme Court of Canada:
‘The SHAREHOLDERS & Corporations of JAPAN, America, China, Canada, the EU,
the Trans-Pacific nations, et al,
the (harmless) Canadian NON shareholders, both; Native & non Native, et al’

which includes:
1) The W.A.D. Accord,
2) ‘The MERKEL (Chancellor of Germany) Letter; To Sue, or, Be Sued?’
3) et al.

‘The Submission’ also considers:
1) what is a ‘good corporate citizen’
2) how to make those corporations which are not good corporate citizens to conform, or, to make the corporations persona non grata.

The letter to Prime Minister Shinzo Abe, ‘Prime Minister Abe; You’ve been Served with; The NOTIFICATION of Pre-existing CHALLENGE to The TPP’, was sent separately.

Please also see; ‘The Basis for Litigation & Litigation Funders; Suing the Global Corporate Economy’.
For More Info, see;
Please consider sharing the above info & questions with 10 friends who share with 10 friends & so on...

Use RTI to procure your medical information

Senior journalist Chitra Subramaniam has taken Manipal Hospitals to Consumer Court for medical negligence and using non-standard implants for her ankle surgery. She can also use the RTI Act to obtain information from hospitals through the regulatory authority


Noted journalist, Chitra Subramaniam, has taken Manipal Hospitals to the Consumer Court for gross medical negligence and wilfully providing false and dangerously misleading information about implants, which did not meet standards. Her complaint in a Bangalore court relates to her ankle surgery in January 2014 where implants to correct a fracture did not meet medical standards. 
The press statement issued by Crestlaw Partners, a Bangalore-based law firm states that, “Ms Subramaniam’s life was put at grave risk by the use of faulty implants, details of which were never given to her despite repeated pleas and several meetings with Swami Swaminathan, Executive Chairman of Manipal Health Enterprises.” 
“Manipal Hospitals and Dr Murlidhar Rao – the orthopaedic surgeon who operated on Ms Subramaniam at Manipal Northside Hospital in Malleswaram – repeatedly provided wrong and misleading information, claiming it was given to them by the Indian arm of Synthes, the Switzerland-based subsidiary of the global conglomerate Johnson and Johnson.”
The consumer complaint case has been filed against the Hospital’s Chairman-Medical Advisory Board and Medical Director Dr H Sudarshan Ballal, and Dr Murlidhar Rao, who operated on her ankle and an Indian subsidiary of Johnson & Johnson.
Under the Right to Information (RTI) Act, a decision by the Central Information Commission (CIC) makes it mandatory for all private hospitals to maintain daily reports of medical records of patients and provide them the information. The CIC had recommended the central and state government to “force” private hospitals to give medical records of patients on a daily basis and be transparent about it. It also quoted Section 2 of the RTI Act under which it is mandatory for private hospitals to provide information as treatment comes under “services”.
The CIC, in its order of 4th July, 2015 posed these questions before itself –“The issues before the Commission are:  a) Whether information sought by appellant in this case is ‘information’ as per section 2(f)?  b) Whether this Commission has power under RTI Act, to enforce the Right to information of the appellant against a body, which is not held to be public authority, by directing the respondent public authority to collect the information by exercising their regulatory power?  c) Whether the Commission has power to consider the authorities of private hospitals as deemed PIOs and proceed against them with penal actions for breach of RTI Act by obstructing the supply of information? 
CIC concluded: ‘Information’ under section 2(f) 16.  This Commission has examined the issue of right of patient to have the medical records in Nisha Priya Bhatia v Institute of Human Behaviour and Allied Sciences GNCTD, and stated “the Patient has a right to his/her medical record and Respondent Hospital Authorities have a duty to provide the same under Right to Information Act, 2005, Consumer Protection Act, 1986, The Medical Council Act as per world medical ethics.
“The Commission recommended the Public Authority to develop a timeframe mechanism of disclosure of medical records to patients or their relatives with safeguards for privacy and confidentiality of the patient.” 
In that order, the Commission referred to various legislations.
“We need to refer to provisions of Consumer Protection Act, 1986 to ascertain whether appellant has the right to information about her own medical record. 
Right to information under RTI and Consumer Protection Act: 17.   
Expression “Consumer’’ is defined in the Consumer Protection Act, 1986:     
S 2(1) (d) "consumer" means any person who, ¬(i) [omitted] (ii) hires (or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires (or avails of) the service for consideration paid or promised, or partly paid and   partly   promised,   or   under   any   system   of   deferred   payment,   when   such services are availed of with the approval of the first mentioned person,
Similarly as per Section 2(1)(o) : "service" means –  “service of any description which is made available to the potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, (housing construction), entertainment, amusement or the purveying of news or other information, but does not include rendering of any service free of charge or under a contract of personal service.”
The CIC decision of 4 July, 2015  recommends “forcing” private hospitals to provide daily medical records states “The Commission recommends the Government of India, states and Union Territories besides the respondent authority in this case, to take necessary steps to enforce the right to information, i.e., forcing the private hospitals to give medical records of the patients on day to day basis, because this daily disclosure will prevent undesirable practices of altering records after damage caused to patient.”
“Forcing the private hospitals to provide daily-wise medical records will also act as a check on some hospitals from resorting to extortionist, inhuman and ruthless business of prescribing unnecessary diagnostic tests, unnecessary   surgical   operations,   caesarean   deliveries,   unwarranted   angioplasties, inserting stents, without need, or of substandard nature, or putting low quality stent while collecting price of high quality stent, and several such malpractices amounting to medical terrorism, etc. They should not be allowed to such malpractices with all impunity and get away   without   any   legal   consequences   as   if   there   is   an   absolute   immunity.   The Government, Medical Council of India and the health regulatory has to see that licence to practice medicine will not become licence to kill and extort and come to the rescue of helpless patients.”
This order was a sequel to Delhi based RTI applicant, Prabat Kumar, who appealed to the CIC. As per the details quoted in the CIC order, his father was admitted into the hospital with the complaint of constipation, but he was kept in the ICU. He spent nearly Rs18 lakh on his father’s treatment in the Fortis Hospital, and in spite of that his father expired during the treatment.  
The CIC Order states: “The appellant claimed that, being son of patient, who is party to the contract and consumer besides being victim of treatment, he has right to know the details of diagnosis, treatment and the prescriptions of the doctors who have attended him. When (the) Central Public Information Officer (CPIO) wrote to the Hospital seeking the details of treatment given to his father, the Hospital denied. Hence, appellant was compelled to use RTI for information from private hospital through the respondent public authority, the regulatory authority of the hospitals. Appellant complained that the respondent authority has forwarded reply received from the private hospital without taking any regulatory steps to secure the information as per the law.
The CIC order noted: “It is the legitimate right of the son of the deceased patient to know such details of treatment, which the hospital also contractually bound to supply,   having received a consideration (payment) from the deceased’s family. It could not only be breach of contract by the hospital, but also breach of the provisions of Medical Council Act, 1971. The respondent authority being the regulatory authority, is expected to enforce the law and come to the rescue of the deceased’s family, when the rights are being violated by a private or public hospital.   (Read full order here: )
As for Chitra, the press statement stated, “She lives with multiple myeloma, a life-threatening cancer of the bone marrow. Regular MRIs are part of routine check-ups. The faulty implants made MRIs impossible and the implants had to be removed by a second surgery. Ms Subramaniam has publicly spoken out about her diagnosis and advocates internationally for access to affordable treatment including cancer treatment.”
(Vinita Deshmukh  is consulting editor of Moneylife, and also convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)




4 months ago

the system should be made strict for providing information under RTI Act and the Doctors should honour the RTI Act and should provide information under law.

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