The meeting with Mr. Mukul Rohatgi, Attorney General for India was held on 29.03.2016.
1. Issue No. 1 - IMA is registered under Section 12AA of Income Tax Act and is carrying charitable activities. As per Notification No. 25/2012 issued by Service Tax Department, service tax is not applicable on entities which are registered under Section 12AA of Income Tax Act.However, still the service tax department is imposing service tax on such entities.
Query: Whether the service tax is applicable on IMA and its branches or not?
Outcome: IMA to write a letter to the Ministry of Finance thereby requesting the Ministry to issue a circular for clarifying that the entities which are registered under Section 12AA of the Income Tax Act, 1961 and which are charitable are exempted from service tax on all modes of income.
2. Issue No. 2: The Hon'ble High Court of Delhi in the matter titled as "Indian Medical Association versus Union of India, W.P(C) No. 2721/2014 has issued certain directions w.r.t. the implementation of PC&PNDT Act vide order dated 17.02.2016.
Query:Till date no direction of said order has been complied by the Govt. of India.
Outcome: IMA to write a representation to the Secretary of Ministry of Health thereby requesting them to implement the directions as given by Hon'ble High Court of Delhi vide order dated 17.02.2016.
3. Issue No.3: Ministry of Health had issued a notification in the month of October, 2014 thereby formulating new set of Rules with 85% pictorial health warning on both sides of the pack. However, the Parliamentary Committee in its report had recommended for delaying the implementation of the said notification.
One writ petition is pending before the Hon'ble High Court of Rajasthan thereby praying for implementation of the said notification.
Outcome: IMA to file an impleadment application before the Hon'ble High Court of Rajasthan on behalf of IMA for getting the said notification implemented.
4.Issue No. 4: One Review Petition (Civil) No. 2159-2268 of 2013 titled as "Medical Council of India versus Christian Medical College Vellore & Ors." is pending before the Hon'ble Supreme Court of India and the next date of hearing is 07.04.2016. The said review petition is w.r.t. common entrance exams of medical UG/PG courses.
Outcome: IMA to file an impleadment application before the next date of hearing i.e. 07.04.2016.
Dr S S Agarwal Dr K K Aggarwal