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NEET-UG 2024 Controversy: Congress to Hold Nationwide Protests

Akash G Varadaraj
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NEET-UG 2024 Controversy: Congress to Hold Nationwide Protests

The Congress party plans nationwide protests on Friday to demand justice for students following alleged irregularities in the NEET-UG 2024 exam. Congress General Secretary K C Venugopal highlighted the urgency in a letter to party officials, stating, ‘The results have been marred by allegations of irregularities and paper leaks.’

This call to action follows a wave of protests, including a demonstration by the Aam Aadmi Party (AAP) youth wing outside Union Education Minister Dharmendra Pradhan’s residence. AAP MLA Sanjeev Jha demanded an investigation by a retired Supreme Court judge, stating ‘We demand that the probe in the NEET exam matter be carried out in a time-bound manner.’

Student unions across India have echoed these sentiments. The National Students’ Union of India (NSUI) and other groups held protests on Tuesday, demanding the exam’s cancellation. NSUI President Venkat Balmoor and BRSV President Gellu Srinivas Yadav both called for a judicial inquiry and an apology from Prime Minister Modi.

Adding to the tension, BRS Working President K T Rama Rao criticised the central government, asking, ‘Why is the NDA government at the Centre so callous about such a sensitive matter?’

The NEET-UG 2024 results, released on June 4, have been contentious, with 67 students achieving perfect scores amid allegations of a paper leak. The Supreme Court has since permitted a re-test for about 1,563 students who received grace marks.

The political fallout has been significant. AIMIM President Asaduddin Owaisi and Congress MP Gaurav Gogoi have both demanded accountability. Owaisi labelled the exam a ‘joke,’ while Gogoi accused the government of negligence.

In response, Education Minister Dharmendra Pradhan assured students their concerns would be addressed fairly, promising, ‘No student will be at a disadvantage.’

The Supreme Court has emphasised the need for thorough action, stating, ‘If there’s even 0.001 percent negligence, it should be thoroughly dealt with.’ The court’s strong stance underscores the gravity of the situation as protests and demands for justice continue to escalate nationwide.

 The ongoing controversy surrounding the NEET-UG 2024 exam highlights significant issues within the Indian education system, including allegations of exam irregularities, paper leaks, and discrepancies in scores. The nationwide protests reflect a growing concern among students, parents, and political entities about the integrity and transparency of the examination process.

At Vakilsearch, we understand the critical importance of educational integrity and the rights of students.Our legal professionals specialise in educational law, providing support for investigations, policy reviews, and advocacy efforts to ensure justice and transparency. 

37 Dead After Consuming Toxic Liquor in Tamil Nadu

Akash G Varadaraj
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37 Dead After Consuming Toxic Liquor in Tamil Nadu

In a tragic incident, 37 people have died after consuming toxic liquor in Tamil Nadu’s Kallakurichi district, 250 km from Chennai. Over the past few days, 55 others have been hospitalised, with 18 shifted to JIPMER in Puducherry and six to the Medical College and Hospital in Salem.

Victims primarily hailed from the Karunapuram area. A grieving mother said, ‘My son complained of severe stomach pain and couldn’t open his eyes. The hospital initially refused to admit him, claiming he was drunk. The state must shut all liquor shops.

Police have arrested a suspected bootlegger and detained two others. A senior officer confirmed the deaths were due to toxic liquor consumption, noting, ’We are investigating the exact substance. Three people are in custody.’

Forensic tests revealed poisonous methanol in the array consumed. Consequently, the state government suspended district police chief Samay Singh Meena and replaced him with Rajat Chaturvedi. Collector Sravan Kumar Jatavath was replaced by MS Prasanth. Several prohibition enforcement officers were also suspended.

Chief Minister MK Stalin expressed his sorrow on X, promising strict action. He ordered an inquiry by retired Madras High Court judge Justice B Gokuldas and announced a ₹10 lakh compensation for each victim’s family. Two ministers, including Health Minister Ma Subramaniam, have been dispatched to ensure medical aid.

Stalin also mandated the arrest of illegal liquor brewers and methanol sellers, and the destruction of methanol stocks. Initial reports of the tragedy emerged after three people died in separate locations over three days. Despite rumours of toxic liquor, former Collector Sravan Kumar Jatavath initially denied such claims.

The incident highlights significant failures by intelligence agencies and the prohibition enforcement wing. Last year, 22 people died in Tamil Nadu from methanol consumption.

Opposition leaders criticised the ruling DMK. AIADMK chief Edappadi K Palaniswami accused the government of failing to address the toxic liquor issue despite previous warnings. BJP state chief K Annamalai echoed these sentiments, stating the DMK hadn’t “learnt its lesson.”

Governor R N Ravi expressed serious concern over the recurring lapses in preventing illicit liquor production and consumption, calling for immediate action to address the ongoing crisis.

 

Pocket FM Files a Lawsuit Against Disney+ Hotstar for Alleged Copyright Infringement of Its Audio Series ‘Yakshini’.

Akash G Varadaraj
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Pocket FM Files a Lawsuit Against Disney+ Hotstar for Alleged Copyright Infringement of Its Audio Series ‘Yakshini’.

Audio OTT platform Pocket FM has taken legal action against Disney+ Hotstar, filing a lawsuit in the Delhi High Court for alleged copyright infringement related to its audio series ‘Yakshini.’ Pocket FM is seeking an interim injunction against Disney Hotstar’s parent company, Novi Digital Entertainment, requesting the court to order the removal of the trailer for the web series.

The hearing is set before Justice Neena Bansal Krishna. Disney+ Hotstar is expected to respond to the allegations. Pocket FM, in its plea dated June 11, claims it owns the copyright to ‘Yakshini,’ which has been on its platform since May 2021. The company argues that Disney Hotstar’s Telugu web series, also titled ‘Yakshini,’ bears many similarities to its audio series, particularly in the depiction of Yakshini’s entry scene.

Founded in 2018 by Rohan Nayak, Nishanth KS, and Prateek Dixit, Pocket FM offers audio content in various languages and genres, including romance, self-help, and motivation. Earlier this year, the platform raised $103 million (₹857 crore) in a Series D funding round led by Lightspeed, with participation from Stepstone Group, to strengthen its presence in the US and expand to Europe and LATAM markets.

Pocket FM has implemented an AI-led strategy for automation, content curation, production, and distribution. The company is leveraging GenAI to scale its entertainment content offerings and build AI-powered personalised recommendations to enhance the user experience. 

Earlier this year, Pocket FM appointed former PhonePe executive Suyog Gothi as its vice president and India country head. Gothi is set to spearhead operations in India, working closely with cofounders Nayak and Nishanth KS. The startup also launched Pocket Novel, an online novel reading platform, to diversify its entertainment segments and formats.

In FY23, Pocket FM’s India arm reported a 56% year-on-year (YoY) reduction in losses to ₹75.7 crore and a 663% YoY increase in operating revenue to ₹129.7 crore. The lawsuit filed by Pocket FM against Disney+ Hotstar underscores the critical issue of copyright protection in the digital content space. Pocket FM alleges that Disney+ Hotstar’s ‘Yakshini’ web series infringes upon its audio series of the same name, seeking an interim injunction to remove the trailer from the platform. This case highlights the importance of safeguarding intellectual property rights in an increasingly competitive media landscape, where original content creation is paramount.

Pocket FM’s proactive legal action reflects its commitment to defending its creative assets and ensuring fair competition in the audio streaming industry. The outcome of this lawsuit could set a precedent for how intellectual property disputes involving digital media are adjudicated in India. It underscores the need for robust copyright enforcement mechanisms to protect content creators and foster innovation in the digital entertainment ecosystem.

Navigating copyright disputes requires comprehensive legal expertise to safeguard your intellectual property rights. Vakilsearch offers specialised legal services tailored to protect your creative assets in the digital age. Our experienced team provides strategic guidance and representation throughout the litigation process, ensuring your rights are vigorously defended.

Whether you’re facing copyright infringement allegations or seeking to protect your original creations, Vakilsearch is here to support you. Trust our proven track record in intellectual property law to safeguard your interests and uphold your rights in complex legal proceedings. Partner with Vakilsearch for expert legal counsel and protect what’s rightfully yours in the evolving digital landscape.

Delhi HC Denies Patent for Portable Vehicle Tracker, Citing Lack of ‘Inventive Step’

Akash G Varadaraj
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Delhi HC Denies Patent for Portable Vehicle Tracker, Citing Lack of ‘Inventive Step’

The Delhi High Court recently ruled against granting a patent for a ‘Portable Vehicle Management System,’ stating that the application of existing technology in a new context does not constitute an inventive step. The court upheld the decision of the Assistant Controller of Patents & Designs, who had earlier refused the patent on the grounds that the claimed features, such as real-time vehicle monitoring, anomaly detection, alert generation, and face detection, were predictable uses of existing technologies and did not demonstrate the necessary inventiveness required for a patent.

Justice Sanjeev Narula emphasised that for a patent to be granted, there must be a distinct inventive step that goes beyond merely applying known technologies in a predictable manner. This decision aligns with the principle that patents should only be awarded for innovations that contribute significantly to the advancement of technology, rather than for obvious or incremental improvements

The Delhi High Court’s recent decision to deny a patent for a ‘Portable Vehicle Management System’ emphasises the importance of demonstrating genuine innovation in patent applications. The ruling, which upheld the Assistant Controller of Patents & Designs’ earlier decision, underscores that merely applying existing technology in a new context does not satisfy the requirement for an inventive step. This judgement reinforces the principle that patents should be reserved for significant advancements in technology rather than predictable or incremental improvements. This case highlights the rigorous standards that must be met to secure patent protection, ensuring that only truly novel inventions are rewarded.

 Navigating the complexities of Patent registration can be daunting. Vakilsearch offers expert assistance to streamline the entire process, ensuring compliance with all regulatory requirements. Our experienced team provides end-to-end support, from documentation to filing, making registration hassle-free and efficient.

Insurance Body Pushes for GST Cut on Health Policies

Monika Shanmugam
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Insurance Body Pushes for GST Cut on Health Policies

The Confederation of General Insurance Agents’ Associations of India is urging the government to slash GST on individual health insurance policies from 18% to 5%. This move, they argue, would encourage more people to secure health insurance as a social safety net.

In the fiscal year 2023-24, the general insurance industry amassed a premium of ₹ 109,000 crore under health insurance. Despite this financial growth, the actual number of people covered and policies issued has remained low. Out-of-pocket health expenses are at 48.2%, forcing many to pay steep medical bills. Seniors with health insurance often face premiums of ₹ 12,000 to ₹ 15,000 per lakh, straining their limited incomes.

The confederation also highlighted that the uptake of health insurance is concentrated in just five states, leaving vast regions underinsured. This makes the tax benefits under Section 80D of the IT Act ineffective for many.

‘Health insurance is crucial for the masses, but policy renewals are declining due to frequent premium hikes and medical inflation,’ the confederation noted. They stressed that India has one of the highest GST rates on insurance globally, hindering the goal of ‘Insurance for all by 2047,’ a target endorsed by the Standing Committee on Finance in its 66th report to Parliament in February 2024, which recommended rationalising GST on health insurance.

However, not everyone is convinced. ‘It’s to be seen whether insurers will pass on the benefit to customers,’ remarked an insurance sector observer.

An insurance firm CEO commented, ‘We’ve been advocating for this change, but it hasn’t been effective so far. After the election, we will renew our efforts. Currently, the 18% GST makes insurance prohibitively expensive. In markets like Singapore and Hong Kong, there’s no GST or VAT on insurance. Ideally, the rate should be reduced to 12% or even 5%.’

The industry continues to push for reforms, hoping that a reduced GST will make health insurance more accessible and affordable for all.

28% GST on Gaming Firms Sparks Industry-Wide Disruptions: Report

Monika Shanmugam
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28% GST on Gaming Firms Sparks Industry-Wide Disruptions: Report

The recent imposition of a 28% GST on skill-based online gaming has sent shockwaves through the industry, tightening funding channels, stifling growth, causing job losses, and injecting heightened uncertainty.

Since October 2023, a uniform 28% GST has been imposed on the full value of bets placed for online games. Gaming companies, however, argue for the levy on Gross Gaming Revenue (GGR) instead.

A joint report by Ernst & Young (EY) and the US-India Strategic Partnership Forum (USISPF) highlights the profound challenges faced by India’s pay-to-play online skill gaming industry following this tax amendment. The report focuses on fantasy games, casual games, and card games.

Industry Impact

According to the report, since 2019, the Indian gaming sector has attracted $2.6 billion in FDI from domestic and global investors, with 90% directed toward the pay-to-play online gaming format. However, since the GST hike in October 2023, some companies have reported a complete withdrawal of global investors.

Before the amendment, GST accounted for 15.25% of revenue. Post-amendment, GST consumes 50-100% of the revenue for 33% of companies, even surpassing total revenue for startups. ‘These startups now have to operate at a loss,’ the report states.

Specific Challenges

Casual games are particularly affected, with the exponential GST increase threatening business viability. Over half of the sector’s enterprises face stagnant or shrinking revenues, with 25% experiencing growth declines of up to 50%. This marks a stark departure from previous growth rates of 100-200%.

Decreased margins due to increased GST have led to employee layoffs and a complete pause in hiring for specialist skills such as technology, product development, animation, and design. ‘Most companies have reported impacted jobs, including no hiring, layoffs, and shutting down operations altogether,’ the report notes.

Recommendations

The report recommends amending the valuation mechanism for online money games to levy GST on GGR/platform fees—the amount retained by gaming platforms—rather than the full-face value of total deposits.

Upcoming Review

A review of the levy may be discussed at the GST Council meeting on June 22, 2024, but no final decision has been made yet.

In October last year, GST authorities issued show-cause notices demanding up to ₹ 1 lakh crore from online gaming companies for tax evasion. This new GST regime has created concerns around the sector’s viability and is deterring the right talent from joining the workforce, further exacerbating the sector’s woes.

The gaming industry is anxiously awaiting the outcome of the upcoming GST Council meeting, hoping for a resolution that could revive the sector’s growth and stability.

GST Council Meet on June 22: What’s on the Agenda?

Monika Shanmugam
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GST Council Meet on June 22: What’s on the Agenda?

The GST Council is set to meet on June 22, 2024, in New Delhi, and anticipation is high. Although the official agenda remains under wraps, state finance ministers are expected to suggest reforms for the indirect tax regime to be considered in the upcoming Union Budget.

Industry Expectations

The industry is eager for discussions on restructuring the complex multiple-rate tax system, given the significant rise in GST revenue. A critical review of the 28% levy on online games, horse racing, and casinos is also on the table.

Inverted Duty Structure

One of the key issues is the inverted duty structure, which burdens businesses with cash flow problems and accumulates Input Tax Credit (ITC) that’s tough to utilise. Experts believe the Council will focus on sectors like textiles, footwear, and fertilisers to resolve these issues.

Shivam Mehta, Executive Partner at Lakshmikumaran & Sridharan Attorneys, remarked, ‘The entire industry is counting on the new coalition government for relief from the hardships faced post the introduction of the new rule for valuation of corporate guarantees.’

Inclusion of Petroleum Products

Finance Minister hinted at ongoing discussions about including petrol, diesel, ATF, natural gas, and selected petroleum products under GST. The outcome depends on consensus between the Centre and the states.

Past Meeting Highlights

At the last meeting on October 7, 2023, the Council discussed a ‘perspective plan’ to impose a cess or surcharge on top of GST levies after March 2026, when the GST Compensation Cess is set to expire. Future meetings will continue these discussions.

Key Issues to Watch

Amnesty Scheme for Tax Disputes: Businesses are urging for an amnesty scheme to clear GST-related tax disputes. ‘Delays are causing a backlog of litigation,’ said Saurabh Agarwal, Tax Partner at EY.

Compliance and Ease of Doing Business: The Council may review GST compliance provisions, including the lack of facility to file revised returns. Rajat Bose, Partner at Shardul Amarchand Mangaldas & Co, emphasised the need for reforms to benefit taxpayers.

GST on Online Gaming: The Council is expected to address the 28% GST on online gaming, casinos, and horse racing. Previously, online gaming was taxed at 18% on platform fees, but the higher rate on certain services needs clarification.

Rate Rationalisation: There’s a strong expectation for overhauling the four-tier GST rate structure of 5%, 12%, 18%, and 28%. Smita Singh, Partner at S&A Law Offices, highlighted this as a pressing issue.

Sector-Specific Concerns

Pharmaceuticals and EVs: Inputs for medications and EVs attract higher GST rates than the final products, leading to capital blockages.

Automobiles: Companies are hoping for a reduction in the 28% GST on scooters and motorcycles, arguing these are not luxury items but essential for lower-income groups.

Revenue Growth

GST collections for May 2024 reached ₹ 1.73 lakh crore, a 10% year-on-year growth. April 2024 saw record collections of ₹ 2.10 lakh crore, driven by a 15.3% increase in domestic transactions despite a 4.3% slowdown in imports.

The upcoming GST Council meeting promises to be a critical one, addressing key issues that could significantly impact various industries and the broader economy.

Demystifying NIL Returns in ITR Filing 2024: Who Should File and Why?

Monika Shanmugam
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Demystifying NIL Returns in ITR Filing 2024: Who Should File and Why?

With tax season in full swing, understanding NIL returns in Income Tax filing is crucial, especially for those wondering about their obligations when their income falls below taxable limits.

Compulsory ITR Filing

Filing an Income Tax Return (ITR) is mandatory if your income exceeds the basic exemption limit. Even if no tax is payable due to rebates, such as those under the new tax regime offering up to ₹ 25,000, submitting an ITR remains obligatory.

What is a NIL Return?

A Nil ITR signifies no tax liability for the taxpayer. It informs tax authorities that no taxes were paid during the fiscal year. Despite zero tax liability, filing offers numerous benefits, including tax refunds, visa support, and the ability to carry forward capital losses.

Benefits of Filing a Nil ITR

  • Proof of Income: Essential for loans, visas, and financial transactions.
  • Claiming Deductions and Refunds: Allows for reclaiming TDS and optimising taxes through deductions like 80C and 80D.
  • Loan Approvals: Serves as income proof for securing loans.
  • Loss Carry-Forward: Enables offsetting losses from investments or business activities against future income.
  • Access to Government Schemes: Many schemes require ITR as proof of income eligibility.

Process of Filing a Nil ITR

Filing is straightforward and can be done online:

  • Log In: Access the Income Tax Department’s official website.
  • Enter Details: Provide income, deduction, PAN, Aadhaar, Form 16, and investment details.
  • Review and File: System calculates tax due (typically none for Nil returns). Submit your ITR.

Conclusion

Filing a Nil ITR not only fulfils legal obligations but also unlocks financial benefits and opportunities. Whether it’s securing a loan, optimising taxes, or proving income for government schemes or visas, filing your ITR ensures you stay compliant and benefit from financial planning opportunities.

Stay informed and file your Nil ITR confidently this tax season!

Navigating ITR 2024: Handling Form 16 and Form 26AS Discrepancies Made Easy

Monika Shanmugam
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Navigating ITR 2024: Handling Form 16 and Form 26AS Discrepancies Made Easy

As the deadline for filing Income Tax Returns (ITR) looms closer, understanding the nuances of Form 16 and Form 26AS becomes crucial for every taxpayer. Here’s a concise guide to help you navigate through potential mismatches and ensure a smooth filing process:

Understanding Form 16 and Its Importance

Form 16, issued by employers, stands as a vital document detailing tax deductions made throughout the year under Sections 192-195. It provides essential information like deducted amounts and applicable rates, ensuring taxpayers have accurate data for ITR filing.

Role of Form 26AS

On the other hand, Form 26AS acts as a comprehensive tax statement summarising income, tax deductions, and collections across various sources like salary, business receipts, and interest income. It serves as a crucial reference for taxpayers to verify the accuracy of pre-filled ITR details.

Addressing Discrepancies

Mismatched details between Form 16 and Form 26AS can trigger complications and notifications from tax authorities. It’s imperative for taxpayers to reconcile these discrepancies before filing their ITR to avoid receiving a defective return notice under Section 139(9) of the Income Tax Act.

Common Causes of Discrepancies

  • Errors in Form 16 Data: Despite precautions, inaccuracies such as miscalculations or omissions may occur.
  • Delay in Data Upload: Late submission of Form 16 data to the tax department can cause temporary mismatches.
  • Salary Delays: Issues in salary processing or TDS deposit delays can lead to discrepancies in tax records.
  • Formatting Issues: Incorrect format selection for Form 16 can disrupt pre-filling accuracy.
  • Missing Details: Deductions for investments or medical expenses not reflected in Form 16 may not appear in pre-filled ITR forms.

Steps to Resolve

To rectify mismatches:

  • Verify Information: Cross-check all details in Form 16 with pre-filled ITR sections, including company details like name, address, PAN, and TAN.
  • Calculate Correct Figures: Ensure all significant expenditures and investments are accurately computed and reflected in your tax documents.
  • Update Information: Submit corrected information to your employer to issue a revised Form 16 if necessary.
  • Claim Deductions: Ensure all eligible deductions, such as for investments in PPF, NPS, ELSS, and insurance, are correctly accounted for in your ITR.

Conclusion

By proactively addressing discrepancies between Form 16 and Form 26AS, taxpayers can streamline their ITR filing process and minimise potential tax-related complications. As the deadline approaches, adherence to these steps ensures compliance and peace of mind in navigating the complexities of income tax filing.

Mastering the Art of Error-Free ITR Filing: Your Complete Guide

Monika Shanmugam
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Mastering the Art of Error-Free ITR Filing: Your Complete Guide

In the labyrinthine world of Income Tax Return (ITR) filing, attention to detail can make or break your tax compliance journey. Here’s a concise roadmap to ensure your ITR sails through without a hitch:

Choosing the Right Form

Selecting the correct ITR form is paramount. Factors like residential status and income nature dictate which form suits you best. Using the wrong form risks rendering your return defective, warns experts, possibly invalidating your ITR altogether.

Precision in Personal Details

Accuracy reigns supreme when entering Aadhaar, correspondence details, and bank information. Errors in bank account numbers or IFSC codes can significantly delay your tax refunds, caution experts.

Full Disclosure of Income and Assets

Every penny counts. Taxpayers must disclose all income sources—be it interest, dividends, rental income, or even gambling winnings—regardless of their taxability. Additionally, residents are obligated to declare foreign assets and income, ensuring transparency and compliance.

Reconciling Form 26AS and AIS

Harmony between Form 26AS and Annual Information Statement (AIS) is crucial. Any discrepancies must be promptly addressed. Taxpayers should correct errors in AIS via the portal and notify deductors of any mismatches in Form 26AS, facilitating accurate tax assessments.

Bank Account Pre-Validation

Secure your refunds seamlessly by pre-validating your bank account. This step ensures timely receipt of income tax refunds, enhancing taxpayer convenience and compliance.

Navigating the intricacies of ITR filing demands meticulousness at every step. By adhering to these guidelines, taxpayers can streamline their tax filing process and avoid potential pitfalls. As tax season approaches, mastering these fundamentals will empower individuals to file their returns confidently and error-free.

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