Category: tizyhtfocyggnayt Page 1 of 16

Should I buy British American Tobacco (BATS) shares?

first_img Enter Your Email Address Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! I think British American Tobacco (LSE: BATS) shares are looking cheap right now. The stock is trading on a price-to-earnings (P/E) ratio of 8x and has a current dividend yield of almost 8%. The stock price performance hasn’t been great. Since the beginning of the year, BATS shares are up over 2% and down nearly 10% over the past 12 months.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…The shares are facing some headwinds right now. But as a pure income play, I’d still buy the stock. Bull caseI know smoking is bad and so does BATS. So what’s a company to do that has built its business selling tobacco? It focuses on growing its New Category division, which includes vapour products.The company is encouraging smokers to switch to these “scientifically substantiated reduced risk alternatives”. It’s worth highlighting here that these products are not completely health-risk-free and are also likely to be addictive.But this has been working so far for the FTSE 100 firm. So much so that the company expects a clear route to profitability for the New Category division by 2025. This should be positive for BATS shares.It even upgraded its revenue guidance earlier this week. For 2021, it now expects sales growth of more than 5%. This is ahead of its previous forecast of 3%-5%. To me, this clearly demonstrates that momentum across the business is strong.As I previously mentioned, BATS shares generate a strong yield of almost 8%. This is great for an income-hungry investor like me. What’s even better is that the income is supported by earnings. The dividend cover is 1.5x, which means that if things carry on as they are, the income payments should continue. Of course, this isn’t guaranteed.Bear caseI do have two main concerns with BATS shares. The first one is regulation. This isn’t going away and, if anything, will only increase. As I said before, this is why the company is backing its New Category division with full force.  Most governments are introducing measures to discourage smoking, which will likely place pressure on sales and profitability. It’s a headwind for the stock. I guess time will tell whether it can continue to weather the regulatory environment.My second concern is the net debt position. This is high, but it’s coming down. At the end of 2020, BATS net debt stood at over £40bn. It expects to reduce this by the end of 2021, so that leverage as a multiple of EBITDA is 3x.To me this is still high, but I guess the main thing is that the company has strong cash flow and is in a position to pay down its liabilities. I shouldn’t forget that this is while it’s paying shareholders an attractive dividend.My viewBATS shares are cheap and I think the company is taking the right steps to ensure its survival. I reckon the threat of increased regulation and investors seeking out ethical investments are the reasons behind the low valuation.But with an attractive yield of almost 8%, I’d buy BATS shares as a pure income play. In my opinion, this is a steady stock, which I don’t expect to deliver stellar price appreciation, but I can’t ignore the dividend. Image source: Getty Images. Should I buy British American Tobacco (BATS) shares? Simply click below to discover how you can take advantage of this. See all posts by Nadia Yaqub Nadia Yaqub has no position in any of the shares mentioned. The Motley Fool UK has no position in any of the shares mentioned. Views expressed on the companies mentioned in this article are those of the writer and therefore may differ from the official recommendations we make in our subscription services such as Share Advisor, Hidden Winners and Pro. Here at The Motley Fool we believe that considering a diverse range of insights makes us better investors.center_img Our 6 ‘Best Buys Now’ Shares Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. “This Stock Could Be Like Buying Amazon in 1997” Nadia Yaqub | Thursday, 10th June, 2021 | More on: BATS I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool.last_img read more

The Rugby Club Plays of the Week – Rounds 4 & 5

first_imgMonday Mar 28, 2011 The Rugby Club Plays of the Week – Rounds 4 & 5 It’s Monday morning and after another brilliant weekend of rugby, it’s time to work out what you want to see on the site this week. While that happens, something that has been requested a lot is the Fox Sports Plays of the week, so here’s weeks 4 and 5, mixed into one clip for you to enjoy. It was a fascinating weekend of rugby as great matches were served up in the Aviva Premiership, Magners League, Super Rugby, Top 14, and at the Hong Kong Sevens. I guess you could say that there’s lots to talk about, with plenty of incident and quality stuff on show. The challenge now is sifting through the best of everything to continue to bring you the highest standard of clips here on RD. Part of that process, as has always been the case, involves you. As is sometimes asked on the Rugbydump Facebook Page , if you spotted anything you’d like to see on the site over the past few days, please do get in touch with match details and the time that the piece of play happened at. This helps speed up the process, so everyone wins. You’re free to leave your request as a comment here, send in an email, or get on the forum and post it in the requests section. For now though, here’s two videos mixed into one that feature the best and worst of not only Super Rugby for the last two weeks, but also a bit of the Six Nations. The Plays for the latest round, round 6, will be posted near the end of the week. Time: 04:04 Note: Thanks to the guys at Fox Sports. You can follow Sean Maloney on Twitter @seanny202 ADVERTISEMENT Posted By: rugbydump Share Send Thanks Sorry there has been an error Plays of the Week Related Articles 123 WEEKS AGO WATCH: France destroy Wales in Women’s Six… 138 WEEKS AGO Waikato winger scores four tries in epic… 304 WEEKS AGO The Wraparound from Rugby HQ – Week 27 From the WebThis Video Will Soon Be Banned. Watch Before It’s DeletedSecrets RevealedIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingDoctors Stunned: She Removes Her Wrinkles With This Inexpensive TipSmart Life ReportsHere’s What That Tiny Hole Next to Your Iphone Camera Actually DoesNueeyYou Won’t Believe What the World’s Most Beautiful Girl Looks Like TodayNueey10 Types of Women You Should Never MarryNueeyThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancellast_img read more

Atelier-House / Huttunen-Lipasti-Pakkanen Architects

first_img “COPY” Finland ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Area:  2300 m² Year Completion year of this architecture project ArchDaily 2004 Atelier-House / Huttunen-Lipasti-Pakkanen Architects ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Architects: Huttunen-Lipasti-Pakkanen Architects Area Area of this architecture project Save this picture!© Marko Huttunen+ 15 Share Projects Photographs:  Marko HuttunenText description provided by the architects. The atelier is situated on a beautiful shoreline plot in a densely built area dominated by low-rise housing. Already existing on the plot were a single-family house from the 1990s and an older shoreline sauna. Our task was to design an artist`s workspace, which could later be transformed into a residence. Save this picture!© Marko HuttunenThe atelier is located at the north end of the plot, so that, together with the main house, it divides the plot into an entrance yard and a more private lower down by the shoreline. We emphasized the sculptural form of the building through the use of pared down materials. The exterior is covered on all sides, from the ground to the eaves, with heat-treated spruce battens.Save this picture!© Marko HuttunenProject gallerySee allShow lessFinishing touches for Lincoln Center / DS + RArticlesCAA Águeda Arts Center / AND-RÉArticles Share Atelier-House / Huttunen-Lipasti-Pakkanen ArchitectsSave this projectSaveAtelier-House / Huttunen-Lipasti-Pakkanen Architects Year:  Photographs Houses CopyHouses•Esbo, Finland “COPY” CopyAbout this officeHuttunen-Lipasti-Pakkanen ArchitectsOfficeFollowProductWood#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousesEsboWoodHousesFinlandPublished on September 08, 2010Cite: “Atelier-House / Huttunen-Lipasti-Pakkanen Architects” 08 Sep 2010. ArchDaily. Accessed 12 Jun 2021. ISSN 0719-8884Read commentsBrowse the CatalogPanels / Prefabricated AssembliesTechnowoodGRP Siding Façade SystemGlassMitrexSolar PanelsMetal PanelsAurubisCopper Alloy: Nordic BrassWoodParklex International S.L.Wood cladding – FacadeSignage / Display SystemsGoppionDisplay Case – Qd-ClassSkylightsLAMILUXGlass Skylight FE PassivhausStonesCosentinoDekton Surfaces – Cap Ferrat BuildingStonesNeolithSintered Stone – Strata Argentum – Classtone CollectionAcousticSchöckStaircase Insulation – Tronsole®CeramicsTerrealCustom Shape Terracotta CladdingSeatingInterstuhlPillows – HUBPartitionsBuzzispacePrivacy Booth – BuzziRingMore products »Read commentsSave想阅读文章的中文版本吗?Atelier-House是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my streamlast_img read more

Renovating Town House the Pine / Studio Glume

first_imgArchDaily Save this picture!3F Bedroom. Image © Zhifeng He+ 24Curated by 韩爽 – HAN Shuang Share Area:  90 m² Year Completion year of this architecture project Year:  Photographs:  Zhifeng He Renovating Town House the Pine / Studio GlumeSave this projectSaveRenovating Town House the Pine / Studio Glume Renovating Town House the Pine / Studio Glume Photographs Architects: Studio Glume Area Area of this architecture project “COPY” 2019 “COPY”center_img China ShareFacebookTwitterPinterestWhatsappMailOr Clipboard Ying Wang, Yuxin Ni, Yufeng Lin, Ellen Hu Projects Save this picture!FacadeRecommended ProductsWoodEGGERLaminatesDoorsC.R. LaurenceCRL-U.S. Aluminum Entice Series Entrance SystemWindowsFAKRORoof Windows – FPP-V preSelect MAXWindowsSolarluxSliding Window – CeroText description provided by the architects. The house we renovating is located in a townhouse residential area built in the 1930s of Shanghai. All the residential houses in this community are in brick and wood construction, and the inside volume and outline of each building are identical as well. There are many excellent buildings preserved in Shanghai during the Republic of China, however, these residential houses of this district are lacking in both design and construction quality. More than half a century passed, each generation of residents in the community has shown a variety of appearances as the internal structure and the facade changed a lot. By redesigning and reconstructing, we want to create a residential building that is independent of the surrounding environment in terms of visual and lifestyle.Save this picture!AxonThis three-story house has 30 square meters each floor, plus a small garden of 30 square meters. It is a very small residential house. The original internal structure of the house is very complicated. The space planning is chaotic, the connection of blocks is not comfortable and it wastes the limited space resources. We completely empty the interior of the house, and redivided the vertical structure, building the floor with stairs.Save this picture!Outdoor space. Image © Zhifeng HeSave this picture!1F. Image © Zhifeng HeAlthough each floor has limited space, we still design the space open to below on the second and third floors. In this kind of way, the closed vertical space is released, and more light coming through space. Overall space becomes transparent, the connection between the upper and lower floors has been made both in sight and in live interaction.Save this picture!1F&2F Void. Image © Zhifeng HeIn terms of storage space, we abandon the form of movable furniture and use the space structure and functional blocks of the house to design. For example, the integration of the storage cabinet on the first floor with the kitchen operating area; the use of the negative space under the stairs; the combination of the roof level and the wardrobe shape. These simple and practical design, not only maximize the utility of the space but also meet the designer’s minimalist design philosophy. The design process of “When attitude becomes form”(Harald Szeemann) becomes the spatial skeleton of dividing the functions and blocks.Save this picture!2F Staircase. Image © Zhifeng HeSave this picture!2F and terrace. Image © Zhifeng HeGlass, white oak and travertine play a major role in materials. Glass ensures the transparency of the space; white oak gives the modern and calm atmosphere with a warm texture; the natural texture and color of the travertine bring the sensibility to the rational space. We let these materials appear in the right place and at the right frequency and make space look clean and simple through reasonable blanking.Save this picture!1F Staircase. Image © Zhifeng HeIn this project, we use more light strips supplemented by a small number of spotlights to set off the minimalist space lines, creating a quiet atmosphere At the same time, we also redesign the facade and outdoor space. Instead of those decorative stone bricks and old wooden windows, we paint the simple white walls and install the insulated glass window that has better sound insulation. The original outdoor brick and preservative wood floors, bushes are replaced with flat light grey granite, grass, and a pine tree.Save this picture!3F Void. Image © Zhifeng HeThis is our first attempt to design a minimalist style. Tadao Ando said, “The essence of Minimalism is simplicity, but simplicity without depth is merely cheap, it is not enough. Behind the minimalist design, there are often rich connotations. Under the premise of ensuring texture and taste, through the simplification of spatial logic, we hope to create a functional and comfortable entirety and to show an ambiguous boundary between beauty and practicality through this most general design language.Save this picture!3F Bedroom. Image © Zhifeng HeProject gallerySee allShow lessOperable Interactive Village Hut / JCDASelected ProjectsYorkville North Kindergarten / IDOSelected ProjectsProject locationAddress:Changning District, Shanghai, ChinaLocation to be used only as a reference. It could indicate city/country but not exact address. Share Housing CopyAbout this officeStudio GlumeOfficeFollowProductsGlassSteelConcrete#TagsProjectsBuilt ProjectsSelected ProjectsResidential ArchitectureHousingRefurbishmentRenovationShanghaiChangningChinaPublished on June 02, 2019Cite: “Renovating Town House the Pine / Studio Glume” 01 Jun 2019. ArchDaily. Accessed 11 Jun 2021. ISSN 0719-8884Browse the CatalogFaucets / SinkshansgroheKitchen SinksGlass3MSun Control Window Film in MarkthalPartitionsSkyfoldIntegrating Operable Walls in a SpaceRetractable StructuresShadeFXRetractable Canopies in Beverly HillsPanels / Prefabricated AssembliesIsland Exterior FabricatorsSpecialty Facade SystemsWoodSculptformTimber Tongue and Groove CladdingSkylightsVELUX CommercialLonglight 5-30° – Modular SkylightsBars / Wire / MeshJakobWebnet – Sports NetSuspension SystemsMetawellAluminum Panels for Ceiling SailsMineral / Organic PaintsKEIMTiO2-free Mineral Paint – Soldalit®-ArteHanging LampsLuminisPendant Lights – HollowcoreHandicap BathroomAamsco Lighting, Inc.Mirror-Lux LED Illuminated MirrorMore products »Save想阅读文章的中文版本吗?联排住宅改造•松 / Studio Glume是否翻译成中文现有为你所在地区特制的网站?想浏览ArchDaily中国吗?Take me there »✖You’ve started following your first account!Did you know?You’ll now receive updates based on what you follow! Personalize your stream and start following your favorite authors, offices and users.Go to my stream Lead Architects: ShareFacebookTwitterPinterestWhatsappMailOr Clipboard CopyHousing, Renovation•Changning, Chinalast_img read more

Elections and class struggle in Brazil

first_imgIn Brazil the class struggle grows sharper day by day. The national election for president and for the entire National Congress, with its first round scheduled for Oct. 7, reflects this class struggle.For the moment, most attention is focused on the election, which may find the Workers Party (PT) candidate facing off against an ultra-right candidate in the second round on Oct. 28.Behind it, all Brazil’s super-rich ruling class has over the past few years opened an austerity offensive against all of Brazil’s working people. They have especially attacked African-descendent people — who are half the population — and the remaining Indigenous peoples. They have also attacked women’s rights on the job and elsewhere and increased persecution of LGBTQ people.On the political scene, this ruling-class offensive led to a parliamentary coup against the elected PT President Dilma Rousseff in August 2016 — impeaching her — and to jailing former PT President Luis Ignacio “Lula” da Silva five months ago. Lula had planned to run for president and was leading in the polls by about double that of any other candidate; thus he was jailed to stop him from winning.Despite his being in jail and the many slanders against him and the Workers Party, Lula is by far the most popular of any single political figure in Brazil.The PT candidate who replaced Lula is Fernando Haddad, a former mayor of Sao Paulo, Brazil’s biggest city. Haddad’s weakness as a candidate is that he has little name recognition countrywide. Many people are even unaware that he is the candidate whom Lula favors. There are only three weeks left to inform 150 million voters.Running for vice president with Haddad is the candidate of the Communist Party of Brazil (PCdoB), Manuela D’Ávila, a former youth leader.  The PT, the PCdoB and the small Party of Social Order make up “The People Happy Again” coalition on the ballot.Main opponent is ultra-rightistLeading the polls with about 24-26 percent is ultra-rightist Jair Bolsonaro, a former captain in the Brazilian army. Openly and viciously misogynist, anti-Black, anti-Indigenous and anti-LGBTQ, he calls for even more police murders of Brazil’s poor and Black population.Bolsonaro was stabbed while campaigning on Sept. 6 and apparently barely escaped with his life. He is still denouncing the PT from his hospital bed and accusing them of planning “electoral fraud,” with no evidence, of course.Bolsonaro was not considered a viable candidate before the assassination attempt. Many voters say they will reject him in the second round. But because the usual center-right and right-wing candidates, like Geraldo Alckmin and Marina Silva, are compromised by corruption charges, there is more of a possibility that an ultra-right extremist like Bolsonaro could win the vote.There is another center-left candidate, Ciro Gomes. Many expect that either Gomes or Haddad will face Bolsonaro in the run-off.This is assuming that the political struggle is confined to the electoral arena. Social organizations like the Landless Movement have taken the position of supporting Haddad and protesting Lula’s incarceration. Even those who might have been disillusioned by the PT’s willingness to make concessions to the ruling class during its time in office now see the election of the PT as a way of at least slowing down the offensive.Behind it all is the growing inequality in the Brazilian population. As an example, the six richest people in Brazil own as much wealth as the poor half of the Brazilian population of 207 million.U.S. imperialism has been lined up with those in Brazil who wanted to remove the PT from office and keep them out. Washington prefers a government, like the present one, hostile to Venezuela, Cuba and Bolivia, in a country so large and powerful as Brazil.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare thislast_img read more

One-day pop-up photo show set

first_imgLocal NewsEducation One-day pop-up photo show set By Ruth Campbell – April 16, 2021 WhatsApp WhatsApp Pinterest Twitter University of Texas Permian Basin will join forces with Odessa College for a one-day photo show from 6 p.m. to 8 p.m. Tuesday at the MCM Elegante Hotel, 5200 E. University Blvd.Amy Kim, lecturer/gallery director at UTPB, said about 30 students from both colleges are participating. Kim said she’s hoping this can lead to more collaboration between the two photo programs.“I think that’s really meaningful,” Kim said.She added that she had always wanted to do something with OC photography professor Steve Goff and he has been very supportive of her.“It’s pretty common in arts education to do a pop-up show and I always try to end my semesters with a student exhibition because sometimes you get so caught up into making the art that we forget about showing it,” Kim added.Priscilla Hernandez, who is working toward her teaching certification and has taught art at Crockett Middle School, is in the show.Hernandez said she really likes Kim’s digital photography course.“I had never taken digital photography before and that’s part of my degree,” she said. The challenging part was the technology, but the more she uses it, the more comfortable she is with it.Emmanuel Huitron and Sarbagya Malla are part of the promotion team. Both are computer science majors.“I think it’s a good opportunity for the students. We are non-art majors in this class and it really helps us get a feel for what these types of shows will be like,” Huitron said.“It’s a great experience to boost our confidence, not just for photography and arts, but just everything in general,” Malla added.Malla is expected to graduate in May and Huitron plans to study abroad in Japan.“I feel that photography is sort of like everyman’s art form,” Huitron said. “It’s easy to pick up and then once you learn it’s a very satisfying form of art.”Malla noted that the process behind taking photos includes a lot of hard work.center_img Facebook TAGSUTPB Facebook Pinterest Twitter Previous articleOC board approves Nacero abatementNext articleMan charged with attempting to stab brother Ruth Campbelllast_img read more

Failure Of Assessing Officer To Comply With Section 144C Of Income Tax Act Invalidates Assessment Order : Delhi High Court

first_imgNews UpdatesFailure Of Assessing Officer To Comply With Section 144C Of Income Tax Act Invalidates Assessment Order : Delhi High Court LIVELAW NEWS NETWORK3 Jan 2021 10:36 PMShare This – xThe Delhi High Court has held that the failure of the assessing officer to adhere to the “mandatory requirement” of Section 144C(1) of the Income Tax Act, 1961, will invalidate the final assessment order.Section 144C(1), inserted in the Act by 2009 amendment, states that Assessing Officer should forward the draft of the proposed assessment order to the eligible assessee if any variation of…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 Delhi High Court has held that the failure of the assessing officer to adhere to the “mandatory requirement” of Section 144C(1) of the Income Tax Act, 1961, will invalidate the final assessment order.Section 144C(1), inserted in the Act by 2009 amendment, states that Assessing Officer should forward the draft of the proposed assessment order to the eligible assessee if any variation of the income or loss returned on or after October 1, 2009 is proposed to be made to the prejudice of the assessee. On receipt of such a draft, the assessee will have an opportunity to file objections within 30 days of its receipt.Section 144C(1) :The Assessing Officer shall, notwithstanding anything to the contrary contained in this Act, in the first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the eligible assessee if he proposes to make, on or after the 1st day of October, 2009, any variation which is prejudicial to the interest of such assesseeA division bench comprising Justices Manmohan and Sanjeev Narula held that the provision was a “mandatory requirement” and the failure to comply with it will invalidate the final assessment order.”The failure by the AO to adhere to the mandatory requirement of Section 144C (1) of the Act and first pass a draft assessment order would result in invalidation of the final assessment order and the consequent demand notices and penalty proceedings”, the bench said in the judgment passed in the case Principal Commissioner of Income Tax-4 vs Headstrong Services India Pvt Ltd.Nothing is elementary for the department, HC admonishes the departmentThe bench was considering an appeal filed by the Income Tax Department against an order of the Income Tax Appellate Tribunal which dismissed their revision. The ITAT confirmed the annulment of the assessment order due to non-compliance of Section 144C(1).Justice Manmohan, while starting the judgment, quoted from famous dialogue of detective character Sherlock Holmes “Elementary Mr. Watson”.””Elementary My Dear Watson‟ is a popular phrase often attributed to Sherlock Homes, theEnglish detective in the works of Sir Arthur Conan Doyle. However, it seems, like the present case highlights, nothing is elementary to the appellant, even when the statute uses clear and explicit language, till the superior courts like the High Court and the Supreme Court repeatedly interpret a section”, the Court said in the beginning of the judgment.”Elementary My Dear Watson”, Justice Manmohan of Delhi High Court quotes from Sherlock Holmes while admonishing the Income Tax Department for filing an unnecessary appeal.’Nothing is elementary to the appellant (IT Dept) even when statute uses clear and explicit language’.— Live Law (@LiveLawIndia) January 4, 2021 Section 144C a self contained provisionThe bench observed :”In the opinion of this Court, Section 144C is a self contained provision which carves out a separate class of assesses i.e. „eligible assessee‟ i.e. any person in whose case the variation arises as a consequence of the order of the Transfer Pricing Officer passed under sub-section (3) of Section 92CA. For this class of assesses, it prescribes a collegium of three commissioners, once objections are preferred. Dispute Resolution Panel‟s powers are co-terminous with the CIT(A), including the power to confirm, reduce or enhance the variation proposed and to consider the issues not agitated by the Assessee in the objections. In fact, under Section 144C, the Dispute Resolution Panel can issue directions as it thinks fit for the guidance of the Assessing Officer to enable him to complete the assessment and the Dispute Resolution Panel can confirm, reduce or enhance the variations proposed in the draft order. It is specifically stipulated in Section 144C that every direction issued by the Dispute Resolution Panel shall be binding on the Assessing Officer. This is akin to the Assessing Officer giving effect to an order passed by the Appellate Authority or the Courts.Consequently, Section 144C envisages a change of forum and it leads to complete cessation of the jurisdiction of the Assessing officer on passing of the draft order. Thereafter the Assessing officer is to give effect to either the direction of the Dispute Resolution Panel or pass an order on acceptance by the Assessee”. The expression “in the first instance‟ has been used in Section 144C to signify the first step to be taken by the Assessing Officer in a series of acts contemplated by the said Section while dealing with the case of an eligible assessee. The Court opined that if the Assessing Officer under Section 144C can prepare a draft assessment order only, then by virtue of a remand order which directs the Assessing Officer to decide the matter de novo, the Assessing Officer cannot get the power to pass an assessment order, when there is an objection by the Assessee like in the present case, without reference of the Dispute Resolution Panel which comprises of three Principal Commissioners or Commissioners of Income Tax constituted by the Board. In the present case, the Court noted, in complete contravention of Section 144C, the Assessing Officer wrongfully assumed the jurisdiction and passed the final assessment order without passing a draft assessment order and without giving the respondent/assessee an opportunity to raise objections before the Dispute Resolution Panel. “This Court is of the view that till the Income Tax Department ensures that the Assessing Officers follow the mandate of law, in particular, binding provisions like Section 144C and eschew filing of unnecessary appeals rather than in nearly all matters where the Assessing Officer has taken a view against the Assessee, the assessments will not achieve finality for a number of years like in the present case where the case of assessment year 2007-08 stands remanded and restored to the file of the Assessing Officer.”, the bench said in conclusion.The bench chastised the Income Tax Department for filing an “unnecessary appeal” and dismissed it with a cost of Rs 11,000 to be paid to the Delhi Legal Services Authority.Click here to read/download the judgmentSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Builder’s Demand For Extra Money On Account Of Alleged Increase In Sale Area Illegal: SC Affirms NCDRC Order By Dismissing Builder’s Appeal

first_imgTop StoriesBuilder’s Demand For Extra Money On Account Of Alleged Increase In Sale Area Illegal: SC Affirms NCDRC Order By Dismissing Builder’s Appeal Mehal Jain15 Jan 2021 6:30 AMShare This – xThe Supreme Court on Tuesday confirmed as illegal the builders’ demand of extra money beyond the contractual sale consideration on account of alleged excess sale area.The bench headed by Justice D. Y. Chandrachud was hearing the builder’s appeal against an August, 2020 decision of the NCDRC by which the builder, citing a contractual clause which permitted them to raise additional demand if…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 Supreme Court on Tuesday confirmed as illegal the builders’ demand of extra money beyond the contractual sale consideration on account of alleged excess sale area.The bench headed by Justice D. Y. Chandrachud was hearing the builder’s appeal against an August, 2020 decision of the NCDRC by which the builder, citing a contractual clause which permitted them to raise additional demand if sale area increases upto 10 %, the said demand was cancelled / quashed by the NCDRC and the demand on account of excess sale area was held to be illegal and the issue was ruled in favour of the homebuyer.The builder had appealed in the Supreme Court on the issue of cancellation by the NCDRC of demand of money in the name of excess sale area and the said appeal was dismissed in limine on 12.1.2021 and thus, the NCDRC finding on excess area stands affirmed. A cross appeal has also been filed by the home-buyer from the same NCDRC judgment on the issue of the NCDRC not granting any interest compensation for delayed possession. The same has been admitted and is currently sub judice in the top court.”In respect of excess area, the complainant has made a point that without any basis the opposite party sent the demand for excess area and the certificate of the architect was sent to the complainant, which is of a later date. The justification given by the opposite party that on the basis of the internal report of the architect the demand was made for excess area is not acceptable because no such report or any other document has been filed by the opposite party to prove the excess area”, the NCDRC had noted.It went on to observe that once the original plan is approved by the competent authority, the areas of residential unit as well as of the common spaces and common buildings are specified and super area cannot change until there is change in either the area of the flat or in the area of any of the common buildings or the total area of the project (plot area) is changed. “The real test for excess area would be that the opposite party should provide a comparison of the areas of the original approved common spaces and the flats with finally approved common spaces/ buildings and the flats. This has not been done”, the Commission had said.The Presiding Member continued to state that in fact, this is a common practice adopted by majority of builders/developers which is basically an unfair trade practice, that this has become a means to extract extra money from the allottees at the time when allottee cannot leave the project as his substantial amount is locked in the project and he is about to take possession.”There is no prevailing system when the competent authority which approves the plan issues some kind of certificate in respect of the extra super area at the final stage. There is no harm in communicating and charging for the extra area at the final stage but for the sake of transparency the opposite party must share the actual reason for increase in the super area based on the comparison of the originally approved buildings and finally approved buildings. Basically the idea is that the allottee must know the change in the finally approved lay-out and areas of common spaces and the originally approved lay-out and areas. In my view, until this is done, the opposite party is not entitled to payment of any excess area”, opined the Commission.It noted that though the Real Estate Regulation Act (RERA) 2016 has made it compulsory for the builders/developers to indicate the carpet area of the flat, however the problem of super area is not yet fully solved and further reforms are required.As regards the compensation for the delay in handing over the possession, it was seen that the possession has been offered after obtaining the occupation certificate. “Thus, the possession cannot be called a paper possession as alleged by the complainant. The opposite party is already ready to rectify the defects noted in the joint inspection. In these circumstances, the complainant will be entitled to compensation for delay only upto 3 months beyond the offer of possession from the date of due possession in each case”, it was observed.Next Storylast_img read more

Musically-inclined family says viral ‘Les Mis’ number was meant to be a Mother’s Day gift

first_imgABC News(NEW YORK) — When an entire family showed off their musical talents for what started out as a Mother’s Day gift, their “Les Mis” number went viral before they could say “One More Day.”Jordon, Landon, Heidi, Spencer, Andrea, Caitlyn, Juston, Karina and Jayson Lebaron joined “Good Morning America” from their home in Utah and said the video that has already racked up more than 9 million views on Facebook in less than a week was conceptualized as a gift for their mom.“This was my mom’s idea actually. She loves hearing us sing [and] she really really wanted a Mother’s Day present so we just all decided we’d throw together a little group recording,” Jayson Lebaron said.The family said they “always sing around the piano” performing a variety of songs, but perhaps the most amazing part of this viral video is the fact that it was filmed on the first take.“Jayson and Karina decided we have all the parts for ‘One Day More’ and mom requested it so we sang through it once or twice and recorded it and that’s what you see,” Angela Lebaron explained.The siblings, who are all musically inclined, said they figured out early on in their relationships if — and how — their partners and now spouses would fit in their family’s harmony.“There’s probably not a formal audition process,” Jordon Lebaron said, “but it’s something we get to the bottom of early on in the relationship.”And to top off the musical family affair — Jayson said the group’s accompanist isn’t actually a sibling — it’s their dad!Copyright © 2018, ABC Radio. All rights reserved.last_img read more

Utah Baseball Falls 6-4 to Kansas State

first_img Tags: Utah Utes Baseball February 23, 2019 /Sports News – Local Utah Baseball Falls 6-4 to Kansas State Written by Robert Lovell FacebookTwitterLinkedInEmailSAN DIEGO – Utah baseball tried to battle its way out of an early 5-0 hole, but couldn’t complete the comeback as Kansas State went on to win 6-4 in the second game of the Tony Gwynn Legacy Tournament in San Diego, California on Saturday, February 23.Leadoff man Dominic Foscalina went 3-5 while scoring a run and also having an RBI. Rykker Tom went 2-3 on the afternoon and also scored a run while having an RBI.After Kansas State got out to a 5-0 lead, Utah started to chip away getting a run in the third and the fourth.Kansas State added one more run and Utah responded once again scoring two in the eighth to trail 6-4 going into the ninth, but the Utes couldn’t get anything going in the final frame.Riley Pierce ended up taking the loss for Utah. Jack Liffrig and David Watson were strong out of the bullpen as the two combined to only give up one run and six hits with eight strikeouts in 6.0 innings pitched.Erick Migueles once again had an RBI for Utah extending his RBI streak to 12 games dating back to last season.Utah will play their final game of the weekend Sunday, February 24 at 3 p.m. against the San Diego Toreros. There will be a stream of the game or fans can follow @UtahBaseball for more info.last_img read more

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