HC dismisses NewsClick's plea for stay on income tax demand
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New Delhi (PTI): The Delhi High Court has dismissed a plea by news portal NewsClick seeking a stay on the income tax demand during pendency of appeal before the Commissioner of Income Tax (Appeals).
A bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna said the news portal has not been able to make out a prima facie case in its favour and added that the petitioner has "a lot to answer" in the appeal before the Commissioner of Income Tax (Appeals).
"In the present case, the assessing officer in the assessment order has given a number of cogent findings against the petitioner. In fact, the assessing officer after analysing a number of relevant facts has virtually held that the transaction between the petitioner and the foreign entity was based on reverse engineering'," the bench said in an order passed on November 29 and made available on the court's website on Monday night.
It further said, "keeping in view the aforesaid findings, this court is of the view that the petitioner has not been able to make out a prima facie case in its favour. To put it mildly, the petitioner has a lot to answer' in the appeal".
The high court said the petitioner's plea of financial stringency based on its balance-sheet also inspires "no confidence" as according to the assessing officer, the accounts have not been properly maintained.
"Accordingly, the writ petition is dismissed. However, this court clarifies that the findings given by this court are only in the context of the present writ proceedings and shall not prejudice either of the parties at the stage of the appellate proceedings," the bench made it clear.
NewsClick has approached the high court challenging the orders of November 3, 2023 and February 20, 2023 passed by the Income Tax Department.
By these orders, the IT Department had dismissed NewsClick's application for stay of demand during the pendency of the appeal against the assessment order of December 30, 2022.
The portal also prayed for stay of demand during the pendency of the appeal before the Commissioner of Income Tax (Appeals).
The counsel for the petitioner argued before the high court that the discretion to stay the demand during the pendency of an appeal must be exercised judiciously and reasonably based on relevant grounds with due application of mind.
He contended that it must not be exercised arbitrarily or capriciously or based on irrelevant considerations.
The lawyer contended that there was complete violation of this mandate as the orders are arbitrary in nature, have been passed mechanically and suffer from complete non-application of mind.
It was argued that the orders failed to consider that NewsClick has a strong prima facie case on merits and that there is no requirement for a pre-deposit for the purposes of granting stay of deposit under Section 220(6) of the Income Tax Act, 1961.
On this, the bench said undoubtedly, the power vested under Section 220(6) of the Act is discretionary and it is not mandatory to pre-deposit 20 per cent of the assessed amount to obtain stay of deposit at the stage of filing the appeal before the Commissioner of Income Tax (Appeals).
However, the assessing officer has given several cogent findings against the portal, it noted.
The assessing officer had observed that the amount of funds to be received by NewsClick from M/s Justice and Education Fund was "predetermined without any specifications about the services".
NewsClick founder Prabir Purkayastha and Human resources head Amit Chakraborty are lodged under judicial custody in an anti-terror law Unlawful Activities (Prevention) Act (UAPA) case registered by Special Cell of Delhi Police for allegedly receiving money to spread pro-China propaganda.
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Karnataka rolls out climate action plan to tackle global warming: Minister Khandre
Bengaluru (PTI): Minister Eshwar Khandre on Tuesday said that a Karnataka state action plan on climate change has been formulated to mitigate the impact of global warming and climate change, and directions have been issued to ensure its proper implementation.
Speaking after presiding over a seminar on extreme heat and its impact on Bengaluru, organised by the Karnataka Media Academy, he said the Environmental Management and Policy Research Institute (EMPRI), which comes under the environment department, has taken steps to implement the action plan in coordination with various state government departments.
He said training programmes are being organised in cooperation with zilla panchayat offices for district officials and other related institutions regarding the implementation and progress of the Karnataka state action plan on climate change.
The Forest, Ecology and Environment minister said such programmes will be conducted in all 31 districts of Karnataka.
According to a statement issued by the minister’s office, in terms of climate resilience, Khandre said a dedicated radio programme, “Havamaana Mitra” (weather friend), was launched in April 2025 to share information on best practices, and 24 programmes have so far been broadcast on Akashvani.
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He said these efforts aim to create public awareness.
Khandre emphasised that due to global warming and climate change, even seasons are changing today.
“Keeping this in mind, after becoming Forest Minister, I have been making every effort to increase green cover, especially in Bengaluru city,” he said.
He noted that during the last three years, about 11 crore saplings have been planted in the state, and information on their survival rate has been made available on the Forest Department website.
According to him, encroachments on about 250 acres of forest land worth around Rs 10,000 crore in several parts of Bengaluru, including Kothanur, Kadugodi, B M Kaval, and Turahalli, have been cleared.
Thousands of saplings have been planted and groves created on the cleared land, thereby preserving lung spaces essential for Bengaluru city.
The minister also recalled that more than 400 acres of forest land in Peenya plantation had earlier been allotted to the central government-owned HMT for industrial purposes.
He said HMT had sold 160 acres of this land, while 280 acres remain, and a decision has been taken to reclaim it for the department to preserve an essential lung space for Bengaluru. A legal battle is underway, and the case is currently in the Supreme Court.
In addition, he said 444 acres in the Jarakabande area had been allotted to the Indian Air Force. Under the Forest (Conservation) Act, 1980, forest land cannot be diverted without due process. Hence, in 2017, the then Deputy Commissioner cancelled the land allotment.
“Steps are now being taken to reclaim this forest land and preserve the green space,” he said.
Khandre also highlighted that the Yelahanka Air Force Station in Gantiganahalli, where the international air show is held once every two years in Bengaluru, is on forest land.
He said 159 acres in Gantiganahalli village is classified as a reserved forest area.
“If the Air Force submits a proposal for diversion and provides alternative land, this area may be considered for transfer; otherwise, steps will be taken to reclaim it for the forest department,” he said.
“The Indian Air Force is presently using this area as a runway. However, the RTC and mutation records are in the name of the Forest Department, and the land has not been legally converted. Hence, this forest land will be reclaimed,” he said.
He added that the government has resolved to construct a major biological park on 153 acres at Madappanahalli in Bengaluru North taluk, and cabinet approval has been obtained.
“The CM will lay the foundation stone next month. This will be the largest park after Lalbagh and Cubbon Park. It would not be incorrect to call this an achievement of the century,” he said.
