Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
Popular Search: Central Excise rule to resale the machines to a new company :: cpt :: list of goods taxed at 4% :: ACCOUNTING STANDARDS :: form 3cd :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ACCOUNTING STANDARD :: VAT RATES :: VAT Audit :: TDS :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: empanelment :: articles on VAT and GST in India :: due date for vat payment :: TAX RATES - GOODS TAXABLE @ 4%
« From the Courts »
  Dr. Gautam Sen vs. CCIT (Bombay High Court)
 Dr. Gautam Sen vs. CCIT (Bombay High Court)
 DCIT vs. Shivshankar R. Sharma (ITAT Mumbai)
 ACIT vs. Jawaharlal Agicha (ITAT Mumbai)
 CIT vs. M/s. D. Chetan & Co (Bombay High Court)
 Makes further amendments to Notification no. 157/90-Customs dated 28th March, 1990 regarding temporary admission under the ATA Carnet
 Appointment of Common Adjudicating Authority by DGRI - 2/2016-Customs
 ransfers Of Hon’ble Members Of The ITAT (September 2016)
 M. G. Contractors Pvt. Ltd vs. DCIT (ITAT Delhi)
 Haryana State Road & Bridges Development Corporation Ltd vs. CIT (P&H High Court)
 Dharamshibhai Sonani vs. DCIT (ITAT Ahmedabad)

Why Supreme Court judgment on telecom a blow to government
February, 06th 2012

However much Communications and IT Minister Kapil Sibal may seek to defend the government, the verdict on telecom licences by the Supreme Court has dealt a severe blow to the credibility of the government, particularly when the very edifice of the executive - that of framing and executing policies - has been lambasted.

The two cases before the courts pertaining to the award of licences for second generation (2G) telecom services and allocation of requisite spectrum, or airwaves, seek to address two contrasting issues, albeit on the same subject.

The one in the lower court seeks to ascertain whether or not former communications minister A. Raja misused his powers when in office and made personal gains from it. There is also the related issue of whether the 13 other people accused in the case connived with him.

But the matter before the Supreme Court was different: Whether the Department of Telecommunications - during the tenure of United Progressive Alliance (UPA) government under Prime Minister Manmohan Singh - followed the due process in a true, fair and transparent manner in the award of these 122 licences.

Here the Supreme Court has ruled decisively: No. With regard to the other matter, a plea asking for its directions to conduct a probe on the role of Home Minister P. Chidambaram, who was finance minister then, was left to the lower court. And the lower court Saturday said no probe was needed.

Thus far, the main defence presented by Minister Sibal is on these lines: The UPA government merely followed the policy set by the previous National Democratic Alliance (NDA) government. But that argument has a major flaw and raises a fundamental question: Can two wrongs make a right?

This is precisely what the Supreme Court has said, calling the action taken by the Department of Telecommunications, which functions under the communications minister, for grant of licences "arbitrary and unconstitutional".

The fact is: If a policy followed by a previous regime is faulty, it is for the incumbent government to set it right. There the head of the government cannot take recourse to the fact that one of his ministers said the policy was all right, to the extent of even preventing it from being changed.

The court also observed that the minister "did not bother" to consider a suggestion made by the prime minister. Now, if that act of disobeying that suggestion results in losses worth thousands of crores of rupees, or denies fair play to one set of players, who is to blame?

This fundamental duty of the head of government cannot change merely because of the compulsions of coalition politics. Here, one has started hearing some indigestible reasoning as well, like separating the Prime Minister's Office from the prime minister in fixing responsibility or culpability.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
E-catalogue online catalogue E-brochure online brochure online product catalogue online product catalogue e-catalogue Indi

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions