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SAMRALA (LUDHIANA): Punjab Congress chief Captain Amarinder Singh’s joy knew no bounds when he met his colleague, ex-serviceman Balbir Singh of Machhiwara, after 53 years at ‘Halke Vich Captain’ in Samrala on Saturday.

Balbir who retired from the 2 Sikh, served in Amarinder’s platoon in 1963. When his name was called for asking a question to Amarinder during the question-answer session, Balbir said, he only desired to meet Captain, and his wish has been fulfilled.

Taken by surprise, Amarinder called Balbir, who was sitting in the audience, to come to the front row from where he was taken to the stage. The former CM asked for the chair and made Balbir sit along with him.

“It is indeed a moment of great joy for me to meet a colleague after 53 years and that too in the best of his health,” said the state Congress chief.

When Amarinder asked Bablir if he could do anything for him, he replied: “I only pray that Captain becomes the chief minister again. It will be in the interest of Punjab and ex-servicemen.”

Law Office of :NAVDEEP   SINGH

Advocate, Punjab & Haryana High Court

Office- cum-Residence : # 1063, Sec 2, Panchkula – 134112, HaryanaPhones : 099888-LEGAL, 093161-32817

Email : navdeepsingh. india@… Your reference :                                                                         Our  reference :

To:Chairman- cum-Managing Director (CMD)State Bank of India, Mumbai                        

01 September 2016  ILLEGAL DEDUCTION OF INCOME TAX ON DISABILITY PENSION BY THE STATE BANK OF INDIA IN CONTRAVENTION OF DIRECTIONS OF THE GOVT 

 1.    Shocking instances have come to light wherein your bank has indulged in deduction of Income Tax at source in case of Disability Pensioners. On further inquiry, it has been informed that the action is based upon some ‘advice’ rendered by a Chartered Accountant that income tax exemption is only available to those pensioners who have been invalided out before completion of their service for normal pension, that is, those released earlier than 20 years in case of Commissioned Officers and 15 years in case of ranks other than Commissioned Officers, and that the said exemption is not available on the service element of those who have been released/retired/ discharged with a pension after serving more than 20/15 years of service as above. 

2.    Firstly, your attention is invited to Instruction No 2/2001 issued by the Central Board of Direct Taxes in this regard which amply explains the issue (Appx A). Your attention is also invited to Paragraph 88.3 of the Pension Payment Instructions issued to all your banks by the Government (Appx B) which leaves no scope of doubt regarding exemption of income tax from the entire disability pension, including service element. Moreover, the interpretation of your bank in this regard is absolutely incorrect, absurd and militates against the rules and norms promulgated by the Government as above. It may be recalled that Income Tax exemption on complete disability pension is available to defence personnel since the 1920s.

 3.    On discussion, it emerges that the confusion has been created due to the terminology of ‘Service Element’ which is hereby clarified for your benefit in the following lines. Disabled personnel who are granted disability benefits at the time of release from service are known as Disability Pensioners.  The said Disability Pension consists of two elements- service element and disability element. Both elements taken together are known as Disability Pension. There is no minimum qualifying service required for the grant of Service Element with effect from 01 January 1973. The calculation of service element however is different in cases of those personnel released from service before completion of pensionable service limits vis-a-vis those who are released on completing pensionable service limits. In case of the latter, the service element is granted at a rate equal to Service Pension. The fact that the pension granted for service in both cases is known as Service Element becomes clear from a bare perusal of Regulation 183 of the Pension Regulations, 1961, which contains two clauses, that is, 183(1)(a) for those who are released with sufficient service to earn a pension, and 183(1)(b) for those who are released before completing sufficient service to qualify for normal service pension. The said Regulation is enclosed as Appx C. Please note from the Regulation that in both cases the service part of the pension is known as Service Element. Even the normal service pension rates reflected under Regulation 183(1)(a)(i) are categorized as ‘Service Element’.

 4.    The fact that the service part of pension, whether a person is released prior to completion of service limits or after completion of service limits (20/15 years), is known as ‘Service Element’ also becomes clear from a perusal of the recent Circular No 554 (Appx D) issued by the Principal Controller of Defence Accounts (Pensions) to all banks, including yours. Paragraphs 1(i) and (ii) and then 1(iv) & 1(v) as well as Paragraph 6 of the same clearly stipulate that in case of disability pensioners, the amount of service part of the pension is known as ‘Service Element’ irrespective of the fact whether a person has lesser or more than 20/15 years of service. In simple words, the service element of pension in cases of those disabled personnel who have completed pensionable limits is equal to normal service pension, but being disability pensioners, it is nomenclatured as ‘Service Element’.

 5.    Even otherwise, it would be important to point out that disabled personnel released prior to completion of pensionable terms as well as those who are released on completion of terms or at own request are all treated at par as far as disability pension is concerned. In fact, all those who are in low medical category at the time of release are to be treated as ‘invalided’  as per rules (Also Appx C) as has also been held as per interpretation of teh pre-existing rules by the Hon’ble Delhi High Court in CW 2967/1989 Mahavir Singh Narwal Vs Union of Indiadecided on 05 May 2004 as affirmed by the Hon’ble Supreme Court in SLP 24171/2004 on 04 January 2008 and also in the recent decision of the Hon’ble Supreme Court in Civil Appeal 11208/2011 Union of India Vs Angad Singh Titaria decided on 24 Feb 2015.

 6.    In view of the above, you are requested to inform all your branches to cease and desist from flouting guidelines of the Central Board of Direct Taxes in this regard and direct them to honour income tax exemption on both service as well as disability elements of disability pensioners as was being done till now. It may be appreciated that the opinion of your Chartered Accountant cannot override existing law and rules that have been followed since times immemorial.

 7.    You are requested to issue directions to refund the illegally deducted amount to all affected disabled pensioners within a period of 7 days from the receipt of this letter. 

 Thanking You 

Sd/-Navdeep SinghAdvocate, High Court Enclosed: As above

The team led by Rajnath Singh says no compromise on national sovereignty. PTI file photo

New Delhi, September 7

The all-party delegation (APD) that visited Jammu and Kashmir this week on Wednesday asked the Central and the state governments to take steps for a dialogue with “all stakeholders” but asserted that there can be no compromises on the issue of national sovereignty.

The members of the delegation, headed by Union Home Minister Rajnath Singh, met here today and discussed the outcome of their interactions with the civil society, political parties and government officials during the visit on September 4 and 5.

A unanimous statement of the APD released after the meeting appealed to the people of the state to shun the path of violence and resolve all the issues through dialogue and discussion.

Without making any reference to separatists, including Hurriyat Conference, the statement asked the Central and state governments “to take steps for a dialogue with all stakeholders”. While some Opposition leaders met Hurriyat Conference leaders lodged in various sub jails, hardliner Syed Ali Shah Geelani refused to meet them.

Expressing serious concern over the prevailing situation in the state, the statement said the members of the delegation were of the view that there is no place for violence in a civilised society.

“There can be no compromises on the issues of national sovereignty,” it added.

The meeting asked both the governments to take steps to ensure that education institutions, government offices and commercial establishment start functioning normally at the earliest.

They requested the government to take effective steps to ensure security for all citizens and provide medical treatment to citizens and security personnel injured in agitation.

Congress’ Mallikarjun Kharge said although there should be no compromise on national security, all stake-holders should be included in talks for a political resolution.

After the meeting, CPM general secretary Sitaram Yechurry said that he had favoured some confidence-building measures immediately, which included banning the pellet guns, medical help to the injured and probe alleged excesses by the security forces.

The measures include compensation to civil victims of violence, withdrawal of use of pellet guns, announcement with regard to withdrawal of AFSPA from civil area and implementation employment generating schemes on war footing.

What they asked for:

1. Political dialogue with all-stakeholders, including Hurriyat leaders
2. Stopping use of pellet guns and ensuring complete treatment of injured persons
3. Crackdown on weekly hartals to bring law and order situation back to normal
4. Stop radicalisation of youths through madarsas and mosques
5. Left parties wanted withdrawal of AFSPA from civilian areas — PTI/ TNS

Simran Sodhi

Tribune News Service

New Delhi, September 3

Prime Minister Narendra Modi’s one-day visit to Vietnam today, en route to China to attend the G20 Summit, saw India and Vietnam upgrading the bilateral relationship to that of a “Comprehensive Strategic Partnership”.Vietnam had a comprehensive strategic partnership only with Russia and China so far. Defence and security ties were the highlight of the trip, which is bound to upset China which is already wary of Vietnam’s resistance to its expansion plans in the South China Sea (SCS).Sources said Vietnam expressed its “appreciation of India’s principled stand on the South China Sea issue”. It is also learnt that Vietnam asked for greater Indian participation in oil and gas sectors in its country.India also announced a new defence credit for Vietnam of $500 million. China is currently at loggerheads with the Philippines, Vietnam, Taiwan, Malaysia and Brunei over ownership of territory in the SCS. India has consistently taken the stand that it supports freedom of navigation and all disputes must be resolved according to international law.One of the highlights of the visit was the signing of the contract for ‘Fast off Shore Patrol Vessels’ between India and the Vietnam Border Guards under a $100 million line of credit which India had given earlier to Vietnam. Sources said Nguyen Phu Trong, General Secretary of the Communist Party of Vietnam, thanked Modi for India’s support to Vietnam’s armed forces and told the PM that both countries should “intensify coordination in regional and multilateral fora”.After his meeting with Modi, Vietnamese Prime Minister Nguyen Xuan Phuc said: “(We) discussed matters concerning the East Sea.”He said all sides must “peacefully solve East Sea disputes based on international laws” when asked about various sovereignty claims in SCS. Later today, Modi reached China to attend the G20 Summit. He is expected to meet Chinese President Xi Jinping tomorro

Indians greet PM in China

• Hangzhou: A group of Indians on Saturday gathered at a hotel here to greet Prime Minister Narendra Modi as he arrived in this Chinese city for the crucial G20 summit. The Prime Minister was greeted with chants of ‘Modi, Modi’ by the group of Indian men and women when he reached the hotel. The group came from neighbouring Yiwu, the commodity hub which has several hundred businessmen residing there. PT

IAF Su 30 flying over the upgraded Advanced Landing Ground (ALG) at Pasighat after its inauguration on Friday. PTI

Pasighat (Arunachal Pradesh), August 19

Union Minister of State for Home Kiren Rijiju said on Friday that the Chinese army had transgressed Arunachal Pradesh’s border twice last month, although they could be called “incursions”.

“We cannot term it as incursion, but transgression, as the Chinese army just crossed the perceived area along the Line of Actual Control,” he told reporters after inaugurating the Pasighat Advance Landing Ground (ALG) in the northeastern state.

Rijiju said one incident was reported from Kibithu area in remote Anjaw district on July 22 and another at Thangsa in Tawang district later in the same month. Both acts were put down as transgressions, he said.

The ALG will allow fighter aircraft like Su 30 MKI to land and take off in a major fillip to India’s military capabilities along its border with China.

The Centre had already started strengthening infrastructure to match China, Rijiju said, adding that the ALG at Pasighat was a major step in the direction.

“We are not challenging or competing with any other country by strengthening our border infrastructure. We will have to build robust infrastructure to strengthen our defence and whatever we have done is because India is an emerging power with capability.

“So IAF should have operational bases in all the bordering states,” he said, noting that the Centre attaches priority to development of border infrastructure.

Asked about the proposed ALG at Tawang, the minister said an area had been identified between Tawang and Lumla at an altitude of 11,000 feet and a rugged terrain at that height was very challenging.

“We will have to see whether the site is feasible or otherwise we will have to look for an alternate place,” he said.

To a question about some leaders of insurgent outfits from the northeast taking shelter in Myanmar, Rijiju said that India has requested Myanmar to take action against the insurgent groups taking shelter in that country.

“There are reports of some leaders of insurgent outfits from the northeast taking shelter in Myanmar and we are in constant talks with the government of that country requesting it to take action against them,” the minister said. — PTI

S

UNPROVOKED FIRING Sources say the ceasefire violation in Poonch could be an attempt to provide cover for infiltrators

From page 01 JAMMU: On the eve of the Independence day, Pakistan resorted to heavy shelling and firing since the wee hours in the forward areas, along the Line of Control (LoC) in Jammu’s Poonch sector.

HTPakistani Rangers present sweets to Border Security Force personnel at Wagah Border on Sunday.

The intermittent firing is said to be going on since 3.30am.

The ceasefire violation came on the heels of a grenade being lobbed on Buddha Amarnath pilgrims in Poonch town on Saturday night, in which 20 people were injured.

Pakistan army is using heavy fire and is pounding 60 MM and 80 MM mortar shells on civilian areas of Shahpur and Kheeri close to LoC while trying to escalate the situation along the border.

Sources said that this could be an attempt by Pakistan to provide cover fire to infiltrators who are waiting in the launching pads across LoC as the snow passes have fully melted.

Meanwhile, the administration has asked the residents of the area to remain indoors.

Defence spokesman, lieutenant colonel Manish Mehta said, “Pakistani troops resorted to unprovoked ceasefire violation since early morning in the Poonch sector.”

“The firing is continuing with Pakistan firing small arms, automatics and mortars. Our troops are responding appropriately. No casualty has been reported to our troops till reports last came,” the defence spokesman added.

Meanwhile, one woman was injured after a splinter of a shell hit her while she was working in the fields.

Till July 31, Pakistan had violated ceasefire on 30 occasions along LoC.

Aonce in decade expectation among the central government employees concerning revision of salaries and allowances has come as a shock especially to the armed forces of the country. The government’s consistency to short shift the nation’s last bastion, though, is well established, the partisan treatment meted out smacks of a bid to ultimately finish the martial legacy of the nation. I term this conscious bilk as an abysmal lack of constructive vision. Let’s analyse the bag of goodies that the 7th Pay Commission has doled out to the services.

SEPARATE PAY MATRIX FOR CIVILIANS AND DEFENCE

By outlining separate pay matrices for civilians and soldiers, the pay commission has announced the discrimination that hithertofore was a veiled conjecture. The evident mismatch of increments between the civil and military due to the respective ages of retirement and consequent pension benefits have shocked the fraternity. To elaborate, a sepoy getting recruited at the same time as his civilian counterpart will serve till the age of 37 as compared to a cool 60 years of the latter and thus stock as many more increments thereby drawing a fatter pension cheque. A poor soldier thus gets a raw deal both during service and after.

ONE RANK ONE PENSION

The struggle and consequent acceptance of one rank one pension (OROP), though, diluted did not go down well with the babus is a well known fact. They have ensured a similar status for themselves. We do not grudge them that albeit the clause of the OROP regarding non- admissibility to premature retirees henceforth, shockingly does not apply to these privileged beings.

ALLOWANCES

The issue of allowances as enunciated by the commission, though, still not okayed by the government is a typical ‘airhead’ action. Can you imagine a soldier serving at Siachen getting one third of allowance of a babu serving at Guwahati. The chairman of the commission during a media interaction has rubbed salt to the wounds by stating that an attractive allowance will motivate the IAS to willingly serve in difficult areas. Well done sir!

As witnessed during Jat agitation in Haryana, these fellows don’t bat an eye lid to requisition armed forces in case of crisis and themselves melt in the oblivion. They are even swifter in passing the buck in disturbed areas. We only hope a better sense prevails before the government notifies rates of allowances.

SMOKE SCREEN FOR DECEPTION

In order to cloud the big picture, the pay commission recommended doing away with entitled rations for officers. To undo the legitimate award after 30 years of its grant, shocked the armed forces as they could not fathom the wacky idea. Well, absurd that it was, obviously could not see the light of the day. But, the deft members of the commission succeed in diverting our attention from the main issue of salary and allowances.

Coming back to my earlier point of lack of constructive vision by the government, the popular caption in an advertisement by armed forces headquarters to attract suitable young people to its fold has consistently been, “Do you have it in you?” a motivating call to the youth of the nation to undertake the challenging profession of arms. During the HT youth forum held a few months ago, a discussion on the youth of today relegating military as their career choice was an eye opener. A discerning youth is aware of the eroding status of a fauji. Reduced salaries, allowances, erosion in status and an apathetic attitude of ‘powers that be’ is sure to sound a death knell to the dreams of youngsters to don uniform.