RSF fully supports journalists suing Ferguson police

first_img WhatsApp blocks accounts of at least seven Gaza Strip journalists June 3, 2021 Find out more Follow the news on United States April 28, 2021 Find out more Receive email alerts Facebook’s Oversight Board is just a stopgap, regulation urgently needed, RSF says to go further June 7, 2021 Find out more Organisation April 2, 2015 – Updated on June 8, 2016 RSF fully supports journalists suing Ferguson police RSF_en center_img News News NSO Group hasn’t kept its promises on human rights, RSF and other NGOs say News Reporters Without Borders condemns the arbitrary arrests of at least 15 journalists during the demonstrations in Ferguson that followed Michael Brown’s death in August 2014. American journalist Ryan Devereaux (The Intercept) as well as German journalists Ansgar Graw (Die Welt), Frank Herrmann (Der Standard) and Lukas Hermsmeier (Bild) are now suing the Ferguson, Mo. police department for battery, false arrest and unreasonable search and seizure, seeking unspecified punitive damages.“Arrests of journalists while gathering information and covering demonstrations are inadmissible in the country of the First Amendment. We urge US authorities to not leave police abuses unpunished and to do everything possible to guarantee the safety of journalists during protests”, said Delphine Halgand, Director of Reporters Without Borders USA.“It may sound naive but I never assumed the possibility of police officers shooting at journalists in a manageable situation like this,” Hermsmeier told The Intercept who published the full complaint. Help by sharing this information United StatesAmericas News United StatesAmericas last_img read more

Community safety provides assurance for Garryowen residents

first_imgNewsLocal NewsCommunity safety provides assurance for Garryowen residentsBy admin – November 12, 2009 628 WhatsApp Advertisement Email GARRYOWEN residents are feeling more assured following the arrival into their area of the community co-ordinator team.Over the next six months, the team will work on pilot projects and in the process, improve community safety, the local environment and community spirit.Sign up for the weekly Limerick Post newsletter Sign Up Cllr Kieran O’Hanlon said this is a very positive move that the residents will benefit from.“I’m delighted that the co-ordinator team is coming into Garryowen and I’m certain it will do a lot to raise morale for everyone living there, both young and old”.The co-ordinators are carrying out a street lighting blitz in the large housing estate, reporting any defects to the city council and during this month and December, safety chains and smoke alarms for elderly residents will be installed, free of charge.“We will be putting together a list of eligible residents over the winter months, so if you are 60 years or over and would like to be considered for this project, please ring us on 407247,” invites a spokesperson for the Limerick City Community Safety Partnership.A specially prepared educational programme focusing on the topic of community affairs, will be delivered in the Garryowen schools by the co-ordinators, who will also deliver a Christmas card initiative in the schools, aimed at building links with the old and young in the community.The new year will get off to a clean start with the implementation of an environmental educational programme. Aimed at young and older residents, the proposed plan of litter picks and window boxes, will see residents collecting litter on the area’s large green areas and learning how to plant seasonal flowers to enhance the environment.A special crime awareness initiative developed by Youth Reach and the Gardai National Juvenile Office, will be run by members of the Irishtown Gardai Division Programme, with the aim of encouraging young people to think about community safety and the consequences of their actions before doing wrong and in a lighter vein, there is an after-school activity club that focuses on promoting community spirit.“JUMP is an after-school physical activity programme – a one hour session that involves fair play activities for boys and girls. It is to be run in the local boys and girls primary schools and parents will be notified by the schools if their child is invited to participate. Twittercenter_img Facebook Print Linkedin Previous articleThe tallest tree and a host of activitiesNext articleFlannery and Hayes return to face Australia adminlast_img read more

Madras High Court Issues Notice On Plea Seeking GST Exemption For Incorporated Members’ Clubs

first_imgNews UpdatesMadras High Court Issues Notice On Plea Seeking GST Exemption For Incorporated Members’ Clubs Akshita Saxena6 Jan 2021 10:40 PMShare This – xThe Madras High Court has decided to hear a petition seeking exemption for members’ club in an incorporated form, from levy/ payment of GST under the Central Goods and Services Act, 2017. A Bench led by Chief Justice Sanjib Banerjee issued notices to the Central Government and CBDT in a petition filed by Ootacamund Club, situated in Ooty, Tamil Nadu. The Petitioner-club, registered as…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Madras High Court has decided to hear a petition seeking exemption for members’ club in an incorporated form, from levy/ payment of GST under the Central Goods and Services Act, 2017. A Bench led by Chief Justice Sanjib Banerjee issued notices to the Central Government and CBDT in a petition filed by Ootacamund Club, situated in Ooty, Tamil Nadu. The Petitioner-club, registered as a body corporate under the Companies Act, 2013, seeks exemption from levy of GST on the ground that the services rendered by members’ clubs in incorporated form, do not constitute ‘supply’ within the meaning of section 7 of the CGST Act. No Levy Of Sales Tax On Supply Of Food & Drinks By Clubs To Its Members : SC Advocate Suhrith Parthasarathy appearing for the Club, sought application of the Supreme Court’s findings against levy of service charge by members’ clubs, whether incorporated and unincorporated, from its members. Principle of Mutuality In an affidavit sworn by the Petitioner’s Secretary Abraham, it is submitted that all the members of the club are each a shareholder in the company, and they form an integral part of the club. In other words, the Club and its members together constitute a single entity. In this context, emphasis is laid on the “principle of mutuality” to state that “supply” of goods or services, as contemplated under Article 366(12A) of the Constitution, does not take place between members’ club in an incorporated form and its members, due to lack of existence of two parties. “Analogous to the transaction of sale and service, even supply requires the existence of two parties. Since, by virtue of the principle of mutuality, a members’ club in an incorporated form and its members are not treated as distinct persons in the eyes of law, it is submitted that “supply” of goods or services as contemplated under Article 366(12A) does not take place between members’ club in an incorporated form and its members,” the plea states. It is contended that both the Parliament and the State Legislatures do not have the power under Article 246A to levy GST on members’ club as the same is excluded from the scope of Article 366(12A) of the Constitution, due to absence of “supply” transaction. Application of Supreme Court’s Calcutta Club decision over levy of GST The Petitioners also referred to the decisions of the Gujarat High Court in Sports Club of Gujarat Ltd. v. Union of India, 2013 [31] STR 645, and the Jharkhand High Court in Ranchi Club Limited v. Chief CCE & ST, 2012 (26) STR 401, upheld by the Supreme Court in State of West Bengal v. Calcutta Club Ltd, where it was held that clubs are not under any obligation to charge and remit service tax with respect to any service that might have been availed by the customers of the club. The reason given for this by the Courts was that levy of service charge shall violate principle of mutuality inasmuch as they seek to impose tax on transactions of club with their members. It may be noted that these decisions were passed in reference to demand of service tax under the Finance Act, 1994. The Petitioner-club in this case has averred, “given that the principles of mutuality are applicable to the Petitioner and given that the Hon’ble Supreme Court in Calcutta Club Limited (cited supra) has held that the members’ clubs in incorporated form such as the Petitioner’s is not amenable to sales and service tax, the same principle must, by logical extension also apply to the CGST Act as well. This is especially so given that the CGST Act has replaced the erstwhile sales and service tax regime in a unified manner.” It added, “the principle of mutuality as an exemption to taxation has been recognised and upheld by the Hon’ble Supreme Court in a catena of cases including in Commissioner of Income Tax v. Bankipur Club (1997) 5 Supreme Court 394, Bangalore Club v. Commissioner of Income Tax, (2013) 5 SCC 509, Yum! Restaurants (Marketing) Private Limited v. Commissioner of Income Tax, (Civil Appeal No. 2847 of 2010). Therefore, to not recognise this well settled principle as an exemption to goods and service tax, is arbitrary and unreasonable.” Other grounds CGST Act in purporting to levy GST on members’ clubs in an incorporated form violates the right to form associations and unions guaranteed by Article 19(1)(c) of the Constitution.The income tax department has consistently accepted the Petitioner’s submission that the principles of mutuality are— absolutely applicable to the Petitioner’s dealing with its members. Therefore, the same principle will squarely apply in the case of the Petitioner under the CGST Act as well.CGST Act does not contain a provision similar to that of Explanation 3 to Section 66B(44) of the Finance Act, 1994, which provides that “an unincorporated association or a body of persons, as the case may be, and a member thereof shall be treated as distinct persons.” Therefore, the legislature did not intend to treat the members’ club in incorporated form and its members as distinct persons and accordingly, the question of consideration being made by one person to another in terms of section 7(1) of the CGST Act, does not arise. The petition is filed through Advocates Arun Karthik Mohan and Suhrith Parthasarthy.Next Storylast_img read more