Latest news with #Ordinance
Business Recorder
a day ago
- Business
- Business Recorder
IHC tax bench's order: All SOE references be routed thru ADRC
ISLAMABAD: The special tax division bench of the Islamabad High Court has ordered that all tax references filed by state-owned enterprises shall be referred to the Alternate Dispute Resolution Committee under Section 134A of the Income Tax Ordinance, 2001. The state-owned enterprises contended that those tax reference applications which were instituted prior to the enactment of the Tax Laws Amendment Act, 2024 ought to be adjudicated by the Court in accordance with the procedure applicable at the time of filing of the tax reference application. However, the counsel for the Commissioner, Osama Shahid (Advocate) placed reliance upon a recent judgment of the Supreme Court of Pakistan wherein a case filed in the year 2023 (i.e., prior to the enactment of the Tax Laws Amendment Act, 2024) was referred to the mandatory alternate dispute resolution committee under Section 134A of the Ordinance. In light of the Supreme Court's judgment, the Islamabad High Court referred to matters to alternate dispute resolution committee. Tax dispute: IHC grants conditional relief to SOE Earlier, the Islamabad Bench of the ATIR had referred several appeals filed by and against state-owned enterprises to the alternate dispute resolution committee. The Commissioner Inland Revenue (Appeals), Islamabad has also refused to adjudicate any appeal filed by a state-owned enterprise in light of the Supreme Court's judgment. It appears that the only recourse available to a state-owned enterprise in case of a tax dispute is the alternate dispute resolution mechanism provided under Section 134A of the Ordinance regardless of whether the dispute initiated prior to or after the enactment of the Tax Laws Amendment Act, 2024. It is pertinent to note that several state-owned enterprises have also assailed the vires of the Tax Laws Amendment Act, 2024 before the Islamabad High Court by filing writ petitions which are currently sub judice. Copyright Business Recorder, 2025
Time of India
6 days ago
- Business
- Time of India
New cess for gig workers' welfare likely to raise costs for consumers
Bengaluru: While Karnataka has taken the lead in addressing the welfare of gig and platform-based workers, it is likely to come at a cost to consumers as they may have to shell out more for cab rides, food deliveries, and other app-based services. The proposed Karnataka Platform-based Gig Workers' (Social Security and Welfare) Ordinance, 2025, will introduce a 1%-5% cess aimed at creating a welfare fund for an estimated 30,000 gig workers in the state. Officials say contribution will be split three ways — among consumers, digital platforms, and gig workers themselves — though they admit the heaviest burden may fall on the end user. The state cabinet's decision to introduce an ordinance has been widely welcomed since it acknowledges rights of a workforce that is rapidly expanding. The real test, though, lies in implementation. With the law yet to be formally notified, attention has now shifted to how the cess will be collected on the ground. "The Act has been framed in such a manner that all three stakeholders can contribute to the welfare fund," said Dr Manjunath, additional labour commissioner. "Even gig workers themselves can top up on social security by paying extra to the board." He said rules are likely to be finalised within a week. Despite the inclusive design, several experts are raising red flags over how the policy will play out. Balaji Parthasarathy, principal investigator, Fairwork India and professor at the International Institute of Information Technology, Bengaluru, said: "The legislation outlines the terrain, but implementation will hinge on rules, particularly how wage protection, dispute resolution, and algorithmic accountability are addressed." Parthasarathy expressed concern over the lack of guaranteed wages. "Transparency in deductions is a start, but without wage-floor guarantees or clear limits on unilateral payout cuts, platforms can still reduce per-task payments to offset the cess," he said. He also criticised the imbalance in stakeholder engagement: "Platforms refuse to negotiate with worker collectives, but did not hesitate to make collective representations through bodies such as Nasscom and IAMAI, which opposed many sections of the June 2024 bill that was circulated." From a legal lens, the ordinance marks a formal recognition of gig worker arrangements, potentially curbing the risk of misclassification. But Vikram Shroff, partner at AZB & Partners, said: "Termination provisions in the ordinance are likely to be legally tested, especially where they conflict with existing contracts between aggregators and workers." Shroff also cautioned that with the eventual roll-out of the national social security code, platforms operating across states may have to navigate overlapping regulations. "Two sets of laws may govern gig worker entitlements, potentially leading to regulatory confusion," he said. Draft rules state platforms will be placed in cess slabs depending on the nature of business — delivery, transportation, or personal services. Officials estimate the annual corpus from the cess to be around Rs 150 crore. Despite concerns, some platforms have responded positively. Athira, vice-president, public policy and govt relations at Porter, called the ordinance a progressive and much-needed step that "acknowledges the role of gig workers and the importance of social security". "We remain committed to working closely with both state and central govts to strengthen the welfare ecosystem for gig workers across the country," she said.
Time of India
6 days ago
- Business
- Time of India
New cess for gig workers' welfare likely to raise costs for consumers
Bengaluru: While Karnataka has taken the lead in addressing the welfare of gig and platform-based workers, it is likely to come at a cost to consumers as they may have to shell out more for cab rides, food deliveries, and other app-based services. The proposed Karnataka Platform-based Gig Workers' (Social Security and Welfare) Ordinance, 2025, will introduce a 1%-5% cess aimed at creating a welfare fund for an estimated 30,000 gig workers in the state. Officials say contribution will be split three ways — among consumers, digital platforms, and gig workers themselves — though they admit the heaviest burden may fall on the end user. The state cabinet's decision to introduce an ordinance has been widely welcomed since it acknowledges rights of a workforce that is rapidly expanding. The real test, though, lies in implementation. With the law yet to be formally notified, attention has now shifted to how the cess will be collected on the ground. "The Act has been framed in such a manner that all three stakeholders can contribute to the welfare fund," said Dr Manjunath, additional labour commissioner. "Even gig workers themselves can top up on social security by paying extra to the board." He said rules are likely to be finalised within a week. Despite the inclusive design, several experts are raising red flags over how the policy will play out. Balaji Parthasarathy, principal investigator, Fairwork India and professor at the International Institute of Information Technology, Bengaluru, said: "The legislation outlines the terrain, but implementation will hinge on rules, particularly how wage protection, dispute resolution, and algorithmic accountability are addressed. " Parthasarathy expressed concern over the lack of guaranteed wages. "Transparency in deductions is a start, but without wage-floor guarantees or clear limits on unilateral payout cuts, platforms can still reduce per-task payments to offset the cess," he said. He also criticised the imbalance in stakeholder engagement: "Platforms refuse to negotiate with worker collectives, but did not hesitate to make collective representations through bodies such as Nasscom and IAMAI, which opposed many sections of the June 2024 bill that was circulated." From a legal lens, the ordinance marks a formal recognition of gig worker arrangements, potentially curbing the risk of misclassification. But Vikram Shroff, partner at AZB & Partners, said: "Termination provisions in the ordinance are likely to be legally tested, especially where they conflict with existing contracts between aggregators and workers." Shroff also cautioned that with the eventual roll-out of the national social security code, platforms operating across states may have to navigate overlapping regulations. "Two sets of laws may govern gig worker entitlements, potentially leading to regulatory confusion," he said. Draft rules state platforms will be placed in cess slabs depending on the nature of business — delivery, transportation, or personal services. Officials estimate the annual corpus from the cess to be around Rs 150 crore. Despite concerns, some platforms have responded positively. Athira, vice-president, public policy and govt relations at Porter, called the ordinance a progressive and much-needed step that "acknowledges the role of gig workers and the importance of social security". "We remain committed to working closely with both state and central govts to strengthen the welfare ecosystem for gig workers across the country," she said.
Time of India
6 days ago
- Business
- Time of India
Gig workers' welfare programme: With ordinance out, Karnataka to issue draft rules in two weeks
Karnataka will put out draft rules on charging a fee on online platforms to fund welfare programmes for gig workers in about two weeks, Labour Minister Santosh Lad told ET on Wednesday, a day after Governor Thaawarchand Gehlot cleared the Gig Workers (Social Security and Welfare) Ordinance. The rules will also deal with other aspects, including the constitution of the gig workers' welfare board. The government has notified the Ordinance paving the way for the framing of rules as a prelude to the roll-out of the service fee on platforms to build a welfare fund. The minister credited his Cabinet colleagues, especially industries minister MB Patil and IT/BT minister Priyank Kharge, for the law. There were quite a few inter-departmental issues, which Patil and Kharge helped resolve, he said. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like War Thunder - Register now for free and play against over 75 Million real Players War Thunder Play Now Rahul Gandhi 's vision 'A law for the protection and welfare of gig workers is the result of our leader, Rahul Gandhi. He took the initiative recently, which was successfully taken forward by CM Siddaramaiah and Dy CM DK Shivakumar,' the labour minister said. Live Events 'The Ordinance is an important step forward for us… We can now speed up consultations and framing of rules,' the minister added. The government opted for the Ordinance route after AICC leader Rahul Gandhi cleared the broad contours of the policy last month. Discover the stories of your interest Blockchain 5 Stories Cyber-safety 7 Stories Fintech 9 Stories E-comm 9 Stories ML 8 Stories Edtech 6 Stories The labour department has an ambitious target of operationalising the welfare fund by the end of August, and its officials have engaged app-based service providers in talks to determine the percentage of the fee the platforms must pay. The regulations, once finalised, will prescribe the rates of fees payable by platforms for services, such as ride-hailing, food delivery and online retail. 'We will also start the process of constitution of the welfare board once the rules are out,' the minister said. Bengaluru is estimated to have about 2.75 lakh gig workers engaged in a range of services, including ride-hailing, ecommerce and food delivery. Minister Lad said there are about five lakh gig workers engaged by platforms throughout the state, and the law will benefit all of them.
India Gazette
27-05-2025
- Business
- India Gazette
SC slams UP govt for 'hijacking' litigation between private parties in Banke Bihari temple case
New Delhi [India], May 27 (ANI): The Supreme Court on Tuesday slammed the Uttar Pradesh government for 'hijacking' the litigation between two private parties over management of the Shri Banke Bihari temple in Vrindavan. A bench of Justices BV Nagarathna and Satish Chandra Sharma said that if the state government starts entering into private disputes between parties, it will result in a 'breakdown of the rule of law.' The bench asked the counsel appearing for the state, 'Was a state a party to the proceedings? In what capacity has the state entered the dispute? If states start entering into a private dispute between parties it will breakdown of rule of law. You can't hijack the litigation. In a private litigation between two parties, state filing an impleadment application and hijacking it is not permissible.' The observation of the apex court came while hearing a petition seeking the modification of its order permitting the Uttar Pradesh government to utilise funds from the Shri Banke Bihari Temple in Vrindavan to purchase five acres of land around the temple for corridor development. Senior advocate Kapil Sibal, appearing for petitioner Devendra Nath Gooswami, told the bench that fund of Rs 300 crore has been given to the Uttar Pradesh government without making him the party in the case. 'They can't take away the funds of private temple,' said Sibal. On the other hand, counsel appearing for the Uttar Pradesh government told the bench the state has passed an Ordinance and set up a trust to manage the Banke Bihari temple and oversee work on the proposed corridor. 'Now enactment has come to force. Funds are with Trust not with state. This enforcement will dilute the direction of the apex court. State is not using the funds. The Ordinance bars state from implementing the court's direction and the Ordinance says Trust will manage funds and state has no role to play,' said the counsel of Uttar Pradesh. The apex court then directed the counsel for the state government to place on record a copy of the Ordinance passed with regard to the Trust and directed the concerned Principal Secretary to file an affidavit by July 29. The petition filed by Gooswami said he was a 'lineal descendant' of the temple's founder Swami Hari Das Goswami and his family had been managing the affairs of the sacred temple for the last 500 years. He said he was actively involved in managing the temple's daily religious and administrative affairs. Filing the plea, he said the implementation of the proposed redevelopment project was practically unfeasible, and any attempt for redevelopment of the temple premises without the involvement and inputs of those who were historically and operationally associated with the temple's functioning was likely to result in administrative chaos. On May 15, the top court had permitted the state to use Trust's fund and also allowed the use of Sri Banke Bihari Temple Trust's fixed deposits after taking into note state government's Rs. 500 crore development plan for the corridor. The apex court had modified the order of the Allahabad High Court, which had prohibited the purchase of land around the temple using its funds. The top court had taken into note the records placed by the government regarding the proposed scheme for development for the temple. The apex court's approval to the state government's development plan for the Shri Banke Bihari Temple Corridor had come particularly in light of incidents such as the 2022 stampede at the Banke Bihari Temple. The top court had also taken into note of maladministration in temples in the Braj region and emphasised that effective temple governance is not only a legal requirement but also a matter of public and spiritual welfare. (ANI)
