Taskin Ahmed

What Is Globalization? Globalization is a process of interaction and integration among the people, companies, and governments of different nations, a process driven by international trade and investment and aided by information technology. This process has effects on the environment, on culture, on political systems, on economic development and prosperity, and on human physical well-being in societies around the world. Globalization is not new, though. For thousands of years, people—and, later, corporations—have been buying from and selling to each other in lands at great distances, such as through the famed Silk Road across Central Asia that connected China and Europe during the Middle Ages. Likewise, for centuries, people and corporations have invested in enterprises in other countries. In fact, many of the features of the current wave of globalization are similar to those prevailing before the outbreak of the First World War in 1914. r Is it the integration of economic, political, and cultural systems across the globe? Or is it Americanization and United States dominance of world affairs? Is globalization a force for economic growth, prosperity, and democratic freedom? Or is it a force for environmental devastation, exploitation of the developing world, and suppression of human rights? Positive impacts of Globalization Globalization is the new catchphrase in the world economy, dominating the globe since the ninetie s of the last century. People relied more on the market economy, had more faith in private capital and resources, international organizations started playing a vital role in the development of developing countries. The impact of globalization has been fair enough on the developing economies to a certain extent. It brought along with it varied opportunities for the developing countries. It gave a fillip for better access to the developed markets. The technology transfer promised better productivity and thus improved standard of living.

Safety, Security, Health and Environmental legislation

The SSHE-law is a Safety, Security, Health and Environmental legislation that seeks to safeguard the health of employees and any other person within the premises of the organization. With the changing times and a growing number of hazards within the workplace, SSHE law is vital in regulating the safety standards within the organization. The set codes of practice provide guidance on hazard identification, risk assessment processes and risk control. In New South Wales, the NSW OHS Regulation 2001 regulates the safety measures in an organization to ensure a danger-free working environment (Sengar, 2007). This is a very vital law in the current business situation not only in the New South Wales but also in the rest of the United States. The different chapters of this legislation stipulate the standards that should be met by the management. Proper implementation strategies are also vital in to ensure all parties benefit from the piece of legislation (Kidd, 2008). The chapters clearly state what the management should be aware of regarding the safety of the employees. Following, is a summary of the contents of the various chapters: †¢ Chapter 1- a brief introduction and definitions of the law. Chapter 2- risk management at places of work. †¢ Chapter 3- workplace consultation. †¢ Chapter 4- emphasizes on work premises and working environment. †¢ Chapter 5- is about plant i. e. machinery like computers, equipment, tools. †¢ Chapter 6- is about hazardous substances. †¢ Chapter 7- is on hazardous processes. †¢ Chapter 8- is about construction work. †¢ Chapter 9- a certification of workers. †¢ Chapter 10- is about licensing of certain businesses. †¢ Chapter 11- addresses permits for certain work. †¢ Chapter 12- is a notification of accidents and other miscellaneous provisions. Chapter 6: Hazardous substances. In this essay, Chapter 6, a piece of SSHE-legislation, will be analyzed to establish its risk management principles. The chapter obligates an employer (including the self-employed) to protect their employees from harmful effects of hazardous substances that they could be manufacturing, using or supplying. Hazardous substances contain ingredients that are, according to the document entitled â€Å"Approved Criteria for Classifying Hazardous Substances [NOHSC: 1008 (1999)]† published by the NOHS Commission, either carcinogenic, mutagenic, teratogenic, corrosive, toxic, skin or respiratory sensitizers. In-House Safety Rules & Regulations, unfamiliar chemical is considered as a hazardous substance. It is however paramount to note that this Chapter does not apply to substances such as food, therapeutic agents, tobacco, toiletries and cosmetics, if their use is not related to work activities (Tooma, 2004). Dangerous goods In this Chapter, â€Å"dangerous goods† could mean either goods too dangerous to be transported or C1 combustible liquids (have a flashpoint of between 60. 5 degrees Celsius and 150 degrees Celsius). This is regardless of whether or not they are packaged for transport or under pressure (Bohle & Quinlan, 2000). Risk management principles in the manufacture of hazardous substances A manufacturer must first establish whether or not a substance is hazardous before allowing its use at the work premises. This is determination is done based on the NOHS Commission classification. If found to be hazardous, the manufacturer must prepare a Material Safety Data Sheet (MSDS) for the substance before the substance is supplied to another person for use at work (Harrington, 2001). There are various requirements for the MSDS but most importantly the MSDS must set out; At least the chemical name of the ingredient in the hazardous substance. †¢ Its chemical and physical properties. †¢ Relevant health-hazard information. †¢ Precautions to be taken so as to enhance safety during the substance’s usage. †¢ The name, and Australian address and telephone numbers (including an emergency number), of the manufacturer. If the ingredients’ names are not on the MSDS, the manufacturer mu st present a medical practitioner with this vital information which would be useful if emergency medical treatment should be required. The medical practitioner should then sign an agreement not to misuse this information (Michael, 2008). Risk management principles in the supply of hazardous substances The Supplier should provide the MSDS to an employer (not a retailer though) the first time he supplies the substance to him and also after a revision of the MSDS by the manufacturer. The MSDS should also be given to a health practitioner. Proper and clear labeling is also a supplier’s duty in risk management. Labeling is aimed at ensuring awareness of the goods handler on the possible risks involved during handling. The label should generally contain the information in the MSDS. Supplier should provide employer with any other relevant information regarding the safe use of the substance, aside from that in the MSDS. R. (Creighton & Stewart, 2005). Risk management principles in the use of hazardous substances It is worth pointing out that the term â€Å"use† also refers to the handling, storage, transport or disposal of the substance. A wide range of measures are to be taken by the employer to aid in risk management at the work premises. The employer must ensure all employees can always access the unaltered MSDS. The employer should also label the containers holding the hazardous substance. The label should still contain the information in the MSDS (Thompson, 2001). It is an employer’s call to ensure that substances’ contraindications of certain use, e. g. The prohibited use of Carbon disulphide is spray painting, are not used in that manner. For each employee, in case of exposure to the harmful substance which could pose a health risk, the employer must provide health surveillance under an authorized medical practitioner of his (employer’s) choice and at his (employer’s) expense (Bohle & Quinlan, 2000). The legislation clearly states the kind of health surveillance to be provided based on the hazardous substance to which employee has been exposed. A register of all hazardous substances to be kept at the work place. It should contain relevant MSDS and should be readily accessible to the employees. The risk assessment report of any hazardous substance should also be accessible to the employees. An employer must identify any hazardous substance contained in an enclosed system at the place of work such as a pipe or piping system (Johnstone, 2004). Conclusion The importance of safety and security of health at work cannot be overemphasized. Absence of which directly translates to decreased productivity. This has moved me to believe that a nation’s greatest assets are its employees and thus it invests highly in their well-being. NSW, Australia’s most populous state, is not an exception as evidenced by the coming together of various organizations, including the media, to work with the NSW government to ensure the SSHE legislation is properly implemented (Kloss, 2010). The NSW Government works together with WorkCover Authority of NSW which administers regulations such as; Occupational Health and Safety Regulation 2001 and Dangerous Goods (Road and Rail Transport) Regulation 2009. These regulations support the general requirements of the legislation and provide more detail of its application. The OHS Magazine has also assisted in enlightening the public and the relevant authorities where and how to improve on ensuring safety at work (Creighton & Stewart, 2005).

The Modal Cosmological Argument

THE REASONABLENESS OF ACCEPTING OR REJECTING THE MODAL COSMOLOGICAL ARGUMENT: In this essay I shall explain why it is reasonable to accept â€Å"The Modal Cosmological Argument† as a rational explanation for the existence of God. The modal cosmological argument makes use of â€Å"modal† elements such as possibility, necessary existence and contingent existence to prove that a necessary being – namely God – exists. It also applies to the entire cosmos and all possible cosmoi and therefore deemed to be â€Å"cosmological†. Medieval theologians and philosophers of different religious views have developed the MCA over time. Examples include; the Christian Thomas Aquinas, the Islamic Al Kindi Ibn Sina and the Jewish Moses Mainmonides. * The argument begins with the notion that every existing being or being which existed can either be a contingent being (something that depends on something other than itself for it's existence) or self-existent. The second premise argues that if every being were dependent one would find that no being at all would ever exist or even come into existence. However, it is clear that some being does in fact exist even if it is only myself and therefore there MUST be at least one being who is independent, necessary and self-existing. * It is this being that we take to be God. This denial of universal dependancy stated in the second premise is known as the â€Å"Cosmological Insight†. The logic behind the cosmological insight can be illustrated using a simple analogy involving train coaches. A coach by nature relies on something else in order to move. If there was a system in which there were only train coaches present, one would find that there would be no motion. It would not matter whether there are an infinite series of coaches attached to one another or if they formed a complex loop. In order to introduce motion, one needs to add something radically different to the system which moves of its own accord. In this case it would be a locomotive. The same logic can be applied to the theory of existence. Contingent beings are unable to â€Å"generate† their own existence and require some sort of force to do this for them- a necessary being or God. * There are a number of possible alternatives to the Cosmological Insight that can be argued. However one finds that all these different notions result in inexplicable brute facts which are defined as facts that have â€Å"no explanation†. * If all beings are contingent then a set of them would have had to at some stage simply â€Å"pop† * into existence causing all the other beings in the cosmos. This idea results in complete and utter mystery as there isn't anything to explain how the first few contingent beings came about. Before they apparently â€Å"popped into existence†*, there would have to have been a state of absolute metaphysical nothingness which raises the question as to how these beings appeared, since there would have been no resources available to them. One could choose to argue that perhaps contingent beings never had to â€Å"pop into existence† but instead have always simply been. At first this notion appears logical yet upon closer examination one finds it too leads to another brute fact as there is nothing to explain why these beings existed when they need not have done so in the first place. The same reasoning applies to the presence of an infinite series in which every contingent being was caused to exist by another. One could claim that If all contingent beings within this series has a cause and explanation in terms of its existence, then it isn't necessary for the entire series to also have a cause and explanation- there is no further explanation required and therefore no mystery involved. But the catch here is that one still can't explain why the infinite series exists when it need not have and so another brute fact arises. Another reason why this alternative is unsuitable is the fact that an infinite series may not even be possible. William Lane Craig demonstrates this idea using the example of â€Å"Hilbert's Hotel†. * We are asked to Imagine that this particular hotel has an infinite number of rooms and that all these rooms are full. * When a new guest arrives requesting a room the hotel should in theory, be able to accomodate him by shifting each current guest next door until room no. 1 is vacant. * However e are reminded that before this new guest arrived, all the rooms were full thus showing that it isn't possible for an infinite series to exist. * All these contingency only options result in brute fact. One could argue that there is actually nothing wrong with accepting this and that a brute fact shouldn't be considered a weakness in the theories stated above. My response to this would be that unexplainable facts violate Principle of Sufficient Reason and are therefore are unacceptable. The Principle of Sufficient Reason claims that anything that happens does so for a specific purpose. In other words, there is an explanation as to why things are the way things are, as opposed to some other way they might have been. PSR therefore serves to support the Modal Cosmological Argument by making brute facts seem insufficient and inconclusive through use of the cosmological insight. It is important to note that accepting the existence of God is not the same as accepting a brute fact because God is the only possible reason as to why there is a contingent order. In order to violate PSR there would have to be another option other than God's existence that is true and this is not the case. The Big Bang theory, the idea that the universe amounted from nothing and the notion that the universe has simply always existed all fail to explain why contingent beings exist. Therefore the presence of a necessary being is the only feasible option. In â€Å"Why I am not a Christian† Betrand Russell claims that the Modal Cosmological argument is unreasonable as it doesn't account for where God himself comes from, â€Å"If everything must have a cause, then God must have a cause†. Similarly Richard Dawkins argues that the cosmological argument makes the â€Å"entirely unwarranted assumption† that God himself is i†mmune to regress†. * However it is these objections that are unwarranted simply because God is not in the same explanatory predicament as dependent beings. He is a necessary and radically different being who halts in finite regress of explanation ex hypothesi. Thus the MCA still stands. Upon review of the modal cosmological argument one can see that the conclusion of argument is logical and follows from the premises in a understandable manner. Intuitively the premises themselves can be said to be reasonable. The crux of the matter is the fact that the MCA depends on accepting the Principle of Sufficient Reason and thus if one refuses to do so, the entire argument collapses. In my opinion, it is rational to accept PSR because it is precisely what causes us to keep searching for explanations behind contingent facts until we find sufficient reason to doubt that there is an explanation. Decartes stated, â€Å"I think, therefore I am. * and it seems to me, that it is simply human nature to question the reasons behind the way things are. If we didn't accept PSR life would be filled with unbearable uncertainty and one would find that science and philosophy itself would cease to exist because there would be no motivation whatsoever to broaden our understanding of how things work, their purposes and what causes them. The human race would be far less advanced in terms of knowledge and awareness. Therefore it is undoubtedly more rea sonable to accept the modal cosmological argument than it would be to deny it. â€Å"

Individual Law Project Essay Example | Topics and Well Written Essays - 1000 words

Individual Law Project - Essay Example She was able to get a good idea of what he looked like the night that he assaulted and robbed her. Therefore it is the opinion of this author that the identification she made in the courtroom should not be waived as inadmissible but indeed should be brought to the courts attention as verifiable evidence that the defendant has been proven without a doubt to be the offender against the victim. Furthermore, the reason it is felt that the identification should be allowed as evidence is the fact that normally all cases that are involving crimes of armed robber, assault, and with intention to cause bodily harm are normally charged by the victim identifying the assailant so that there will be no room for doubt that the offender was indeed the person responsible for the act of the crime against another human being. In this case since the victim was able to pinpoint the offender in all three instances and therefore the court should see the validity in this and should agree that it provides the burden of proof to convict this individual. Without this type of evidence there would be no sure way to provide irrefutable evidence that the person did indeed commit the crime. ... tates that, if evidence is discovered by the use of an untainted source (which is the victim) then it can be admissible in a court of law (Dressler 2002). Due to the evidence and the way it was obtained, at this point it is irrefutable which is what makes an open and shut case and speeds up the judicial process in a way that minimizes court costs and the costs to the public as well. So, to summarize this particular criminal case the reason that the identification should be admissible is that it provides the burden of proof for prosecution of the offender. Also, there is no way that the gathered evidence was tainted either so there is no way to refute the identifying of the suspect. Case 2: Further Charges against Williams in Possible Armed Robbery In this case the issue is much more complex than ordinary arrests due to the way in which the suspect was taken into custody and how the search and seizure transpired as well. If the law follows the stipulations laid out by "The fruit of the poisonous tree" then it can be seen where the errors came into play. For instance, simply because this possible offender was asking his neighbor how to spell the word nitroglycerin does not necessarily mean he was responsible for the armed robbery at the bank. This gives the view that the evidence in this area would be tainted and inadmissible in court (Dressler 2002). Also due to the impact that the exclusionary rule holds, the gathering of the evidence appears to not have been done in a legal type of framework and with disregard for the offenders' constitutional rights as well which also poses a serious problem in the prosecution of this person (Boot 1997). Often criminals walk free due to the fact that violations of their rights can be proven in front of a judge and in

Just a question Essay Example | Topics and Well Written Essays - 250 words

Just a question - Essay Example When one would actually count the number of new terms up to 100, one could determine that there are 28 new terminologies to learn counting from 1 to 100 using the English language. This therefore makes it challenging and difficult for young children. In contrast, Chinese language and the structure of their words are relatively shorter. For math terms, the Chinese apparently structured the successive numbers with the effective use of logic by just repeating the first 10 numbers. The numbers of new math terms from 1 to 100 in Chinese language were deemed to be just 11, in contrast to the 28 new terms for the English language. Therefore, the shorter structure of the words, the logic in repeating them (ten-one for eleven; ten-two for twelve, etc.), and the significantly lower new terms make learning math using the Chinese language easier. Overall, the structure of the English language in its complexity and expectation to adhere to grammatical rules made the language more complex than Asi an language. In no way was it intended to create discouragement; since English has been proven to have vast advantages far beyond its use in understanding

Fifth Hour Essay Example | Topics and Well Written Essays - 250 words

Fifth Hour - Essay Example kers through some of the huge strides that people have made throughout the world in an attempt to ensure equity for all irrespective of racial origin. In like manner, I admired how contributors across diverse races aired their opinion with boldness and charisma. The event was beneficial to me in several ways as I learned that for a state or a nation to succeed, its occupants must tolerate the diverse cultures that exist within it. For that is what brings the difference between successful and failed states (Munin 188). Moreover, I learnt that racial understanding is of great significance in the current job market as various organizations always open their doors in different nations in an attempt to explore international markets. Over and above, the event made me learn that cohesive existence with our brothers and sisters of unlike originality is beneficial in our development through life, as they play a role in bringing the best out of

Court History and Purpose Essay Example | Topics and Well Written Essays - 500 words

Court History and Purpose - Essay Example The state and federal courts have different laws but certainly share some of them. Some acts such as selling of drugs are both crimes in the two of them, which means the accused can be tried in the two of them (Siegel, 2011). Some of the criminal codes applied in the criminal court system, in America, are traceable back to some of the early legal codes used in different places, in the world, especially in the past centuries. Such codes include the Babylonian code of Hammurabi (2000 n.c.e) of lex talionis (an eye for an eye) that still guides proportionality in punishments. The Ten Commandments prohibition against theft, violence, and perjury still holds. The American criminal court system has adopted some of these codes, improved them and instituted certain laws according to the crimes committed (Siegel, 2011). Common law, which originated from England, is based on the customs and traditions that evolved over the centuries as interpreted by judicial tribunals. The American legal system is such a case, which adapted the rule from the English hence called the Anglo-American law except in Louisiana State that adapted French civil law. This is where a central government was formed, and it set its own rules and regulations and uses it to administer local courts. The adaption of this way of the court system is clearly brought out by the formation of a central government in America with a constitution, the U.S constitution. This guides the government decisions. All states have their own constitutions, with different laws. Use of precedent, often referred to as stare decisis, is common in America. American judges make judgments from earlier similar cases to pass judgment on new cases that are similar. When such cases come up, judges look at earlier rulings to derive principles that apply to the case they are deciding, and this helps them to pass judgments. As new situations arose overtime, judges created new legal principles to

Informal Letter About Top Two Things I Learned This Semester About My Essay

Informal Letter About Top Two Things I Learned This Semester About My Writing - Essay Example In terms of the step-by-step process, there were a great many aspects that I learned about and skills I strengthened throughout the course. While I had previously viewed writing essays as a more free-form means of expression, I increasingly came to understand that in following certain steps my writing would improve. In these regards, I now begin my writing be developing a detailed outline of what I am going to write. In brainstorming and developing an outline, I am able to produce more developed ideas that ultimately make my essay stronger and more complex. While I recognized that writing constitutes specific forms, through this course I learned how to better adhere to these forms with the necessary structure and information. In these regards, I learned how to better develop an introductory paragraph that would set the tone of the essay, provide necessary background information, and include a thesis statement that would describe what the body paragraphs would contain. I also learned the importance of topic sentences that would lead to sentences that contained examples and information that supported the main purpose of the essay. Finally, I came to understand the importance of a conclusion paragraph that would summarize the key points that were raised in the body paragraphs. The other thing I learned about my writing during this course was the importance of the research process.

Factors other than technology that influenced military innovation Essay

Factors other than technology that influenced military innovation during the Interwar Period - Essay Example Europe was immensely affected by the devastation of the First World War while North America affected by the great depression in 1929. The worldwide depression contributed to the growth of Nazism in Germany which resulted in World War 2. The military technology of the interwar period provided ample promise for innovation, but did not determine the state of change. In many cases state of the art technology would not support operational concepts developed by military visionaries. (Williamson Murray, Allan R Millet, p.342) Civilian timidity, insufficient intelligence, and lack of political guidance contributed immensely to the lack of military innovation during the interwar period. Civilian participation is important in political and technological processes. In Britain military professionalism countered civilian curiosity; the committee system diffused arguments and sharpened pessimism rather than encouraged debate on defence options. (Williamson Murray, Allan R Millet, p.361) The general public during this period was not aware of the importance of military innovation. They had many other things to discuss like the depression, and they never took military innovation as a serious thing. They were already witnessed the drastic results of a world war and they thought the military innovations may result in another world war. The civilians concluded that the military operations are for destructive purposes only and they failed to recognize the need of defence and such attitudes of the civilians retarded the military innovation process. In the United States, civilian-military political collaboration arose in the institutionalized conflict between the Presidency and Congress over domination of military policy. (Williamson Murray, Allan R Millet, p.362) The political leaders also kept different views on the need of military innovation. Because of these conflicts among the parliamentary members, the most of the military innovation processes failed to get the

Democracy Essay Example | Topics and Well Written Essays - 750 words - 3

Democracy - Essay Example Plutocracy is less idealistic than democracy in that it is not the people’s voice but the will of the institutions that holds sway over policy. But plutocracy is still better than a totalitarian society where power is concentrated in the hands of small ruling elite with no accountability. Dahl classifies political systems under a spectrum of five gradations. At the top of the scale are the fairest systems that employ ‘rational persuasion’ for gathering public consensus. At the bottom of the scale are brutal autocracies that regularly resort to ‘physical force’ to keep the population under control. But Dahl admits that even in the most fair of existing systems the power is wielded from top-down. This means that the notion of democracy as a people-inspired and people-regulated governing system does not exist anywhere today. Professor Charles Hauss understands democracy in terms of functioning electoral politics. Any nation-state that conducts free and f air elections periodically would qualify as democratic under this view. In Hauss’ own words â€Å"free, open and competitive elections are central conditions for a democracy†. (Hauss, as quoted in Edwards 2010) Also important to this setup is the credibility of ‘rule of law’. ... To this extent this latter category of countries would only be nominal democratic societies. When we analyze the American political system in the backdrop of the definitions of Hauss and Dahl, we can note a few divergences. What Dahl’s list of options for population control does not mention is ‘propaganda’. The Chomsky-Herman propaganda model fills the gap left by Dahl’s conceptualization. Given that America is the birthplace for modern advertising and the Public Relations industry (PR) in the country is billions of dollars worth, it is fair to claim that PR is the foremost method here for the control of public minds. It is difficult to place the American style of governance in the gradation offered by Dahl. The most benign method of generating public consensus proposed by Dahl is ‘rational persuasion’. America is an exception to even this benign form of manufactured consent, for what the PR industry does is irrational persuasion. As Chomsky-He rman note, advertising is all about â€Å"misinforming people so that they make irrational choices†. (Chomsky, quoted in Wilson 2010) There is less divergence with Hauss’ understanding of democracy, for he links it with the capitalist economy. America being the leading practitioner of capitalism qualifies under Hauss’ classification. Moreover, there is competent enforcement of law within the country, although America is well-known for breaching international law, especially under the auspices of the United Nations. Seymour Martin Lipset, on the other hand, would have found the American political system disappointing in terms of how democratic he found it to be. He believed that â€Å"the more well-to-do a nation, the greater the chances that it will sustain democracy†. (Lipset, quoted in Edwards

Shakespeare quote Essay Example | Topics and Well Written Essays - 500 words

Shakespeare quote - Essay Example In these lines Falstaff made a link between honor and physical coercions. The message he wanted to convey was that people indulge in a particular way because they are motivated due to the motivational factor of honor. He said that honor has harmful physical consequences for the person who is being motivated by honor. He states that he might indulge in war to respect his honor but this can cause serious harm to him and can even become a cause of his death. He says that when an individual is harmed during a war in which an individual is indulged due to honor, the aspect of honor becomes a waste and is useless. This is because honor cannot heal him or cannot cure his injuries. He believes and compares honor to air that an individual exhales when he/she is involved in saying a particular word. By this he means that honor is short lived and the life of honor is as small as the air that when has exhaled while saying a word. He further adds that honor is something that an individual receive s when he/she is dead and he/she cannot enjoy honor after death. By this Falstaff meant that people honor only those warriors who have lost their life in battlefield and those who remain alive are not honored. These words were spoken by Falstaff towards the end of the Act and the specific purpose of these words was to motivate people to refrain from indulging in war and fighting with each other on the basis of honor. These words are contrary to the values and morals that the entire Act or literary work of William Shakespeare was promoting. I disagree with the statement that Falstaff has made on the grounds that honor is something that we all should live for and abide by. If we will not operate with the objective of being honored by others, our lives will be worthless because we human beings are motivated to perform an action in order to develop a positive image of our self in the eyes of

Consideration when building market-competitve compensation system Essay Example for Free

Consideration when building market-competitve compensation system Essay Discuss and explain the considerations when building market-competitive compensation systems. A company that strives to be competitive in whatever market they belong to will always look for strategic and competitive advantages. Building a market-competitive compensation system is the first step needed to attract, retain, and promote high performing individuals who will help a company reach and maintain that edge over competitors, so it is imperative to get it right the first time: offer compensation that is far above the median wage and the company must lower its bottom line, leaving it less money to reinvest, pay stockholders, etc. Offer too low a compensation package and the company will not be able to attract the high performers it is looking for to drive the competitive advantages further. To build a market-competitive pay system a company must: Conduct Strategic Analyses When a company conducts a strategic analysis of both the external market (industry profile, competitor information, long-term growth prospects) and internal factors (functional capabilities, financial situation) it is looking for the parameters or the limits that it can perform and grow with (Martocchio 146) . Assess competitor’s pay practices with compensation surveys The textbook goes into depth the factors surrounding compensation surveys, much of which are better explained in a statistics class. It is understandably difficult for a company to develop an internal custom compensation survey, as training personnel who have never done this is difficult, not the mention a company’s competition is understandably resistant to releasing pay numbers to rivals! Published surveys do exist, however, and consulting firms are there, depending on the industry. The most important strategic considerations to develop in a survey are determining the releva nt job market and choosing benchmark jobs within that market (150). Integrate internal job structure with external market pay rates – Using regression analysis, which â€Å"describes the linear relationship between two variables (i.e. simple regression) or between the linear composite of multiple variables and one other variable (i.e. multiple regression)† (380). In simpler terms, it is finding the sweet spot for the company pay based on external markets and what they pay and factors internal  to the company (relevant work experience, job value, etc). Determine compensation policies – A Company has three pay level policies to choose from: market lead, market lag, or market match. A market lead policy â€Å"leads† the way, establishing a pay which is higher than market trends but may result in reduced profits. This is, however, what a company may want to do to differentiate itself from the competition. Market lag policy has a company compensating employees less than the average. This is best suited to a lowest-cost strate gy and the claim can be made that those low costs are passed to the clients or consumers. Market match policy ensures the company is compensating its personnel the same as current market trends. It is a safe way to go but does little to help a company distinguish itself from competitors, but if it fits within the strategic goals of a company it is the way to go. Works Cited Martocchio, Joseph J. Strategic Compensation: A Human Resource Management Approach 7th Edition. Upper Saddle River: Pearson, 2013.

Capacity Management And International Operations Management Commerce Essay

Capacity Management And International Operations Management Commerce Essay Capacity management lies at the core of every successful operational strategy whether service or manufacturing. It is part of a larger corporate strategy which is a long term plan to achieve a certain target (Jones and Kutsch, 2007). It is imperative for every organization to know how well its capacity is being utilized as its long term success is based on it (Krajewski and Ritzman, 2002). Capacity measurement helps determine the overall operational costs and forms the basis of important decisions like expansion (Yu Lee, 2002). This paper will endeavour to resolve the capacity management issues of a health facility called Fitness Plus in Greensboro, North Carolina. Fitness Plus began its operations in a large suburban park in Greensboro, North Carolina in 1991. Under health and sports it provides fitness, relaxation and recreational facilities operating 7 days a week (For details see Appendix 1). Customers use the facilities having subscribed to yearly memberships. Lately the area of Greensboro has expanded in population and businesses. Growth in population increased health awareness in residents and has increased demand for fitness facilities. Other health centres have also opened namely YMCA, Oasis and Golds Gym. YMCA offers full range of facilities, Golds Gym has only cardiovascular and weight training and Oasis is restricted to only adults over 16 years of age. Available data indicates that by May 2002 members visiting Fitness Plus every hour during peak time (4 7pm) had doubled to 80 from 1997. The average visits per hour increased from 15 to 25 in a typical day resultantly the facility got overcrowded and complaints arose about non-availability of equipment. Most number of complaints arise in the specific areas of aerobics, nautilus and cardiovascular. The capacity of Fitness Plus needs to be measured and planned properly in order to form an effective operational strategy both in the long and short terms. There are two options available i.e. first is to effectively manage the existing facility which will take few months and second is to build a new facility in the downtown area which might take upto a year to become operational. Due to financial and time constraints a short term solution is needed for now and a long term later. In the following report the capacity issues of Fitness Plus will be discussed in three sections A, B and C. In section A the capacity of Fitness Plus will be measured and analysed to see whether there is sufficient capacity to deal with the immediate issues of overcrowding and non-availability of equipment. Section B will ascertain which capacity strategy would be appropriate for Fitness Plus with the necessary justifications. In section C the adopted strategy would be described in detail and linked with other types of operating decisions i.e. finance, HR, marketing and supply chain. Lastly in the conclusion the crux of main issues and solutions would be summed up. Section A / Question 1: Capacity measurement with details There is no fit for all formula for capacity measurement as businesses vary in their nature and details. A theatre measures capacity in terms of seats and a job shop can measure capacity in number of machine hours (Krajewski, Ritzman and Malhotra, 2010). Jones and Kutsch (2007) are of the opinion that space and equipment hold primary position in capacity measurement thus the measurement would be centered around them. Main complaints are from two issues i.e. unavailability of equipment (Cardiovascular, Nautilus and aerobics) and workout activities being overcrowded. Thus the focus of capacity management in aerobics should be on space and equipment for the workout activities in peak hours. According to the study it is noted that peak times are between 4-7pm and total number of members visiting between that time is 240 (80 per hour). For analysis purpose the figures from the conducted survey (Appendix 1) have been used as following: Nautilus: It consists of 24 pieces of equipment and it is assumed that on an average each member takes 45 minutes to complete the whole course. In one hour the total number of members able to use the equipment would be (60 minutes / 45 minutes x 24 equipments = 31 members). The current usage during peak time is 25% of capacity equalling 20 members per hour. Cardiovascular: It has 29 pieces of equipment and it is assumed that each member takes 45 minutes to complete the exercise. Thus in one hour the total number of members able to use the equipment would be (60 minutes / 45 minutes x 29 equipments = 38 members). The current usage during peak hour is 40% of capacity equalling 32 members per hour. Aerobics: The facility can accomodate 35 members in one session and normally each session lasts for one hour. Thus the current usage during peak hour is 30% of capacity equalling 24 members per hour. Free weights: The case study doesnt hold any details about the space or type of available equipment. There are no complaints arising and 20% of the members use the facility during peak hours which equals 16 members so we assume that it is being utilized appropriately. Recreational activities: There is sufficient room available to accomodate the members during peak hours. Six tennis courts can accomodate between 12 to 24 members to play either 6 single or double games where as currently only 8 members play tennis during peak hours. Same is the case for 8 racquet ball courts which can accomodate between 16 to 32 members for 8 singles or doubles matches. During peak time only 12 members play racquet ball. The assumptions are based on the average calcuaton of each game to last for 1 hour. In case of longer game sessions still there are plenty of courts available to accomodate the demand. Detail of equipment and space are as following: Further analysis: Yu Lee (2002) is of the opinion that correct measurement of capacity is a pre-requisite for the effective management because correct decisions are always based on correct observations. It is a dilemma that one can not precisely measure the utilization capacity for service organizations as it needs constant surveys and observations (Jones and Kutsch, 2007). It has been observed that all the capacity measurements which can be taken are based on the primary data i.e. equipment condition, physical space, type of members, frequency of use, the type of equipment and support system (Yu Lee, 2002). For Fitness Plus another useful capacity measurement technique would be Utilization which is used for equipment, workforce or space. Utilization is the ratio between actual average output of the equipment and the maximum capacity (Krajewski et al., 2010). Utilization = (Average output rate / Maximum capacity) x 100% From the data available in (Figure 1) we can measure the utilization of diffferent equipments as following: Nautilus utilization = 20/31 x 100% = 64.5% (35.5% below capacity) Cardiovascular utilization = 32/38 x 100% = 84.21% (15.79% below capacity) Free weights utilization = 16/16 x 100% = 100% (Full capacity). Tennis courts utilization = 8/12 x 100% = 66.66% (33.33% below capacity) Racquet ball courts utilization = 12/16 x 100% = 75% (25% below capacity) Aerobics Utilization = 24/35 x 100% = 68.5% (31.5% below capacity) For aerobics the full capacity of the room is 35 members at one time which is way above the peak time average of 24 members. Scheduling of aerobics room can be the cause of the problem as the same room is twice a week dedicated for classes of yoga. Based on the above results it can fairly be said that Fitness Plus has enough capacity to effectively manage its existing facility and reduce complaints. There is also a need to determine the type of memebers using the facilities in peak hours i.e. family groups, under 16 students and working adults etc. It will be essential for both short and long term capacity strategies to cater for these groups separately in order to gain the competitive edge. A study should also be conducted to check the codition of the equipment as complaints might have arose partially due breakdown. It should also determine popular machines among the members specially for the cardiovascular and nautilus so the least popular be replaced with the more popular ones to increase the existing capacity. All capacity management plans not only determine the current usage of capacity but also take into account the future fluctuatins in demand. Existing or planned capacity should always leave sufficient cushion for adjustments (Krajewski et al., 2010). Capacity cushion is calculated as 100% minus the percentage of utilization. Upto 10% is considered sufficient to adjust demand fluctuations over time. Capacity cushion = 100% Utilization rate (%) In case of busy health facilities any number of customers can come at any time to use the equipment or space varying the demand significantly thus 20% capacity cushion would be more appropriate to maintain good customer service levels and to suatain any membership increases. Calculations are as following: Nautilus cushion = 100% 64.5% (utilization rate %) = 35.5% Cardiovascular cushion = 100% 84.21% (utilization rate %) = 15.79% Free weights cushion = 100% 100% (assumed utilization rate %) = 0% Tennis courts cushion = 100% 66.66% (utilization rate %) = 33.33% Racquet ball courts cushion = 100% 75% (utilization rate %) = 25% Aerobics cushion = 100% 68.5% (utilization rate %) = 31.5% Fitness Plus equipment and facilities have sufficient existing cushion. The only exceptions are cardiovascular equipment with 15.79% which is not too low and free weights equipment. There is no data available for free weights thus an assumed utilization of 100% is considered which can not be true in reality. On the basis of above calculations and analysis it can be fairly said that Fitness Plus has sufficient capacity to deal with current and future demand fluctuations. An efficient capacity management can result in a significant decrease in complaints and increase service levels and customer satisfaction. Section B / Question 2: Capacity strategy and justification One of the most difficult challenges service managers face is to cope well with uneven demand. The frequent flucuations in demand can lower service levels or result in under utilisation of resources. To avoid these consequences service firms can either adjust their capacity according to the changing demands, influence a change in demand patterns to suit their capacity or a combination of both (Krajewski et al., 2010) (see below figure 2): There are three main capacity strategies i.e. level capacity, chase demand and demand management. Each of these strategies should be adopted when its advantages out weight the disadvantages. Most often operation managers are required to keep low costs, decrease investments and at the same time provide excellent customer service levels making it all the more important for organizations to adopt a mixture of these approaches (Jones and Kutsch, 2007). Fitness Plus should adopt a mixed capacity plan for both its short and long term strategy as explained and justified in the following paragraphs: Level capacity: The capacity is maintined at a constant level all along the planning period and any fluctuations in demand are ignored. High under utilization of resources can make this capacity option very expensive but also very useful where the opportunity cost of single lost sale is very high like in jewellery retailing or real estate (Jones and Kutsch, 2007). At Fitness Plus there is always a possibility of a large number of members coming in any time and very low number of members in off-peak season resulting in either a waiting line or under utilization thus a pure level capacity plan would not be suitable. Chase demand: Chase demand is opposite to level capacity as it tries to match the capacity levels according to the changing demand patterns. It is very difficult plan to act upon as it needs flexible working hours, different number of staff and often different number of euipment in each period. It is suitable for companies which produce either perishable goods or cannot store their outputs such as customer processing. It has a clear advantage of having the appropriate level of staff all the time according to the demand of a particular season (Krajewski et al., 2010). This method requires adjustment of capacity through different means i.e. offering over time in peak and lesser hours in off-peak periods, varying number of employees according to the seasonal requirements, part time contracts and subcontracting (Jones and Kutsch, 2007). Fitness Plus would need to chase demand in the below aspects: As per available data members complain about waiting for the availabiliity of equipment. Application of a waiting line model will increase the service levels by effectively managing the existing capacity and chasing the current demand. A survey is proposed to check which machines are in demand, increasing their numbers and decreasing the least used ones to be in line with the existing demand. A waiting line model will not be suitable for aerobics because the class is preplanned and majority of the members arrive just before the start thus mixing schedules between aerobics and yoga can solve the problem. The number of employees would need to be rescheduled to increase the current service levels. It will reduce excess staff during slower times shifting them to peak times resulting in more personal attention, interaction and customer satisfaction. Developing a new facility will also chase the increase in demand which is expected due to new businesses down town. Demand management: The objective of this strategy is to shift the burden of peak period to off-peak period. Either the demand is changed through various methods or alternate products or services are offered to fill off-peak capacity. The most widely applied method in service industry is pricing to shift the peak demand to off-peak when people are not very interested in buying. Advertising also helps to smooth demand but is expensive and if is un-planned can result in financial loss. Organizations with different demand patterns develop new products and services covering the whole year i.e. univerities filling the lecture rooms during vacations (Jones and Kutsch, 2007). Fitness Plus will be managing demand in certain aspects of its startegy: It is proposed that Fitness Plus should either slightly rise prices during the peak times or provide services which cost lesser to manage demand. They should offer different types of memberships with different prices called price optimization. A non-pricing strategy of advertising off-peak services to waiting customers during peak times would also balance the peak and off-peak demands. Distributing off-peak service coupons during peak times, discounted tickets for relaxation services like massage, health supplements or energy drinks can be offered to balance the demand year round. Through a system of reservations Fitness Plus can fill its capacity and move the excess memberships to the off-peak period by booking a slot when capacity is available to manage it more effectively. Another option can be to partially restrict access of members during peak periods. During peak times mostly members would be working executives thus a restriction can be applied on under 16 members. To compensate them student membership rates can be offered in the off-peak period to encourage members to come more often in off-peak. Employee scheduling should reduce the excess staff during slower times by shifting more employee to peak times. It will result in more customer satisfaction and effective demand management. Often service companies have to opt a mixed capacity strategy as it is very hard to forecast demand and balance existing capacity (Jones and Kutsch, 2007). Operational capabilities do not always match one of the three strategies thus a mixture of chasing and managing demand would be most suitable for Fitness Plus. Section C / Question 3: Capacity strategy and other operational decisions Any capacity decision an organization makes should always be in line with the supply chains and processes within the organization. Taking into account the bigger operational picture is essential for a successful capacity strategy (Krajewski et al., 2010). Both short and long term strategies are discussed in this context below (See Figure 4): Short term strategy: Waiting line model: Peak demand most frequently results in waiting time increases for customers. Waiting line model is considered very useful for service organizations in resolving the problem (Krajewski et al., 2002). This model can be applied to the workout equipment as the waiting line is resulting in bottlenecks. Currently the system is catering for members individual service needs in multiple lines with a mixed arrangement of facilities on first come, first served basis. The arrival and service time distributions need to be calculated including line lengths, number of customers in the system, waiting time, total time in system and utilization of service facilities. After analyzing this data a new layout of the facility might be needed increasing the peak capacity and space for some equipment and reducing or eliminating some. Total 32 members visit the workout room during peak hours taking 45 minutes in completing their routines. On an average each member uses 2 machines during their stay with 20 minutes on each machine plus 5 minutes for the next one. Three customers get served with 20 minutes and an average the arrival rate comes to 2.5 times during an hour. If we take into account repeated visits we get a 80 per hour arrival rate (30 x 2.5) thus members wait approximately 8.6 minutes for a machine. To resolve it the most appropriate model would be a multiple channel, single phase as it will have a single line and more staff to deal with customers ( See Figure 3 below): Operationally this model will facilitate the marketing, HR, finance and supply chain aspects as during peak hours the waiting customers would be in a single line making it easier to display the marketing material on surrounding walls or screens. Financially it will save the expensive investment in media advertising and will make off-peak brochure distribution easier and to more interested existing customers. To serve on multiple service counter HR will need to schedule employees i.e. reducing the excess staff during slower times by shifting more employee to peak times resulting in better customer service. This model will also stream line the supply chain processes and increase service levels. During waiting line news telecasts and entertainment like BBC, Sky Sports etc with seated customer will create a calmer waiting environment and defuse any possible difficult situation. Price related strategy: Fitness Plus can reduce demand during peak hours by diverting surplus users either slightly rising prices or providing services which cost lesser. It can offer different types of memberships with different prices. The best price should be determined keeping in mind that no capacity constraint occurs which is called price optimization. Financially, increasing prices would generate extra revenues as per Shugan (2004) price optimization moves demand from peak to off peak times and increases revenues. But service firms are often hesitant due to its long term negative effects on the business. The presence of strong competitors often makes price increase decisions difficult as a customer can try competitor services and it might result in customer loss. Price increase startegy can also increase pressure on the over all supply chain as customers will start expecting higher service levels and seamless operations. By offering different type of memberships HR might need to recruit more staff to attend customer in both seasons. It can indirectly increase marketing costs as less expensive methods of selling to regular customers in peak season will become less effective due to lesser number of customers. Non-pricing strategies: Peak time is best to contact customers who might be interested in the off-peak offers and services (Kotler, 2001). It is highly likely to come across potential cusomers during Peak periods rather than less direct methods of advertising. In the earlier case customers have already shown their interest in the services and facilities. Thus it is far easier to sell them the off peak services or packages. While waiting for their turn customers can be shown different adverstisements to promote off-peak services which will save money for more expensive marketing campaigns. For regular members off-peak coupons can give further discounts or additional services with minimal incurring costs like massage, health supplements or energy drinks. Another strategy would be to develop a reservation system. It helps to shift the members to off-peak period who would otherwise be waiting during the peak period. When a customer calls to reserve a service or facility he should be given the slots with available capacity. The system works best if it is automated thus optimizing and balancing demand and capacity at the same time. These systems do improve the over all supply chain but also affect financial and HR related operational decisions as they are expensive and need trained staff to operate them. Fitness Plus can also partially restrict access of members during peak periods. A detailed study of the type of members visiting the facility would be needed. Once the data has been gathered on the usage pattern the decision of categorical restrictions can be applied. For example during peak times of 4-7 mostly members would be working executives thus in order to reduce access and optimise the capacity a restriction should be applied on under 16 members using the facility in the same period. To compensate them student membership rates can be offered during the off-peak period. This will encourage the excluded members to come more often during off peak periods. Fitness Plus should also have a survey to determine the popular equipment. The number of popular equipment should be increased and the least popular ones be decreased which will help fill the gap in member requirements. Operationally it can create a supply chain problem of disposing off the least popular equipment and can increase financial pressure of buying new machines. In case of aerobics section complaints there is a possibility of a mixed schedule between aerobics and yoga. A rescheduling of classes on the basis of members demand can ensure that the classes do not clash. It will affect the HR decisions as employee scheduling would be needed and over time might need to be paid. The employees of Fitness Plus also need to be scheduled in order to increase the service levels and reduce the excess staff during slower times. Shifting more employee to peak times will result in more customer satisfaction by having more personal attention and interaction. It will benefit the supply chain by improving process times and facilitating seamless operations. Long term strategies: There are three alternates in the long run which should be based on both qualitative and quantitative bench marking of competitors, capacity and cost estimates: Opening of a new facility downtown Minimal expansion within the current facility on available land Waiting and watching the demand conditions before making any expansion Because customers are already complaining and equipment is being used lesser than its maximum capacity there is some room for minor expansion of the existing facility but is limited due to lack of available land. As the population is increasing steadily and the only full range competitor is YMCA option 1 would be the best choice. It will create sufficient capacity ahead of customer demands. Once the new facility is announced it will be difficult for competitors to expand as it might over burden the market. Financially it is a big decision and would very much depend on the success of the short term strategies. Profits gained through short term measures will ease the financial pressure. Secondly going ahead with new facility downtown will need thorough supply chain planing as the distance between the facilities will make logistical decisions difficult and expensive. Lot of new job will be created and HR department will need to recruit and send and recieve staff between facilities for training and development purposes. It will be a big opportunity for marketing deparatment as lots of new campaigns, hoardings, billboards and advertisements would need to be developed. Conclusion: In this report the capacity issues of Fitness Plus were discussed in details in three sections. A measurement of existing capacity, justification of adopted strategy and links of proposed strategies with other operating decisions were sought. Both short and long term strategies are considered important but the immediate concern of Fitness plus should be to resolve the existing complaints of over crowding and non-availability of equipment. Firstly, in the short term price optimizing strategy of increasing peak prices and offering off-peak packages can work. If it is considered detrimental for the business non-pricing strategies can produce the desired results. Secondly, all the employees should be taken on board in the strategic decisions so that they can handle customer queries more professionally and maintain the desired service levels. Lastly, periodical reviews of the demand forecasting, complaints, equipment and service levels will ensure effective capacity utilzation. Accuracy of data should be maintained by comparing the existing demand with the forecasted demand so that a clear picture of the financial, operational and service needs is obtained. In the long run Fitness Plus needs to refer to its corporate objective and act accordingly either to effectively manage the current equipment and space or build a new branch over time. The earlier the long term strategy is initiated the better. Once the expansion plan is announced new memberships will prove to be a guage for its success and continuous monitoring of population growth, market trends and competitors will keep Fitness Plus ahead of its competitors.

The Great Gatsby †Chapter 7 Summary :: Essays Papers

The Great Gatsby – Chapter 7 Summary Chapter 7 was another important chapter in this book, it started off with Gatsby deciding to call off his parties, which he had held primarily to lure Daisy. He has also fired his servants to prevent gossip, and replaced them with connections of Meyer Wolfsheim. On the hottest day of the summer, Nick drives to East Egg for lunch at Tom and Daisy's house. When the nurse brings in Tom and Daisy's baby girl, Gatsby is stunned. During the awkward afternoon, Gatsby and Daisy cannot hide their love for one another, and Tom finally notices their situation. After finally realizing the situation, Tom agrees with Daisy's suggestion that they should all go to New York together. Nick rides with Jordan and Tom in Gatsby's car; Gatsby and Daisy ride together in Tom's car. Stopping for gas at Wilson's garage, Nick, Tom, and Jordan learn that Wilson has discovered his wife's affair and plans to move her to the West. Nick perceives that Tom and Wilson are in the same position. Tom begins his confrontation with Gatsby by mocking his habit and the fact that he claimed he went to Oxford. Tom asks Gatsby about his intentions with Daisy, and Gatsby replies that Daisy loves him, not Tom. Tom claims that he and Daisy have a history that Gatsby could not possibly understand. He then accuses Gatsby of running a bootlegging operation. Daisy, who began the afternoon in love with Gatsby, feels herself moving closer and closer to Tom as she watches the confrontation. Tom realizes he has won, and sends Daisy back to Long Island with Gatsby to prove Gatsby's inability to hurt him. As the confrontation ends, Nick realizes that today is his thirtieth birthday. Back at Tom's house, Nick waits outside, and finds Gatsby hiding in the bushes.

Early Entry into the NBA Causes a Negative Impact on Professional Sport

     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Abstract:   Basketball players who enter the NBA early are not ready for the NBA. Early entry into the NBA by high school and college basketball players has had a negative affect on the college basketball program, the NBA, and the players themselves. Each year the number of early entries in the NBA rises more and more. In 1997, 47 basketball players entered the NBA draft early, and the number has risen since then. The college basketball program is drained of talent due to players leaving early. The high school players that go directly into the NBA are hurting the college program because they never contribute to the college program at all. The NBA now has to deal with a higher level of immaturity and disrespect by young players. College basketball players obtain a certain amount of respect and maturity in college. The players suffer by not grasping the concept of learning due to lack of education. Many analysts say that entering the NBA before finishing a fo ur-year program is entering too early. The NBA commissioner, David Stern, has begun to work on ways to encourage players to go to and stay in college. High school and college basketball players have started to enter the NBA earlier and earlier as the year's progress. In general, this is resulting in a negative effect to the college programs, the NBA, and the players themselves. Before 1994 there were usually only eight to ten early entries into the NBA. The number grew to 18 in 1995, and an astonishing 40 players in 1996, and 47 in 1997. The number of early entries in the NBA grows to the point where it is a problem that needs to be dealt with by the NBA players association. College basketball is in serious trouble. Of course, any sport would be when it's marquee s... ...arper, 1994. Curtis, Jake. "The Young and the Restless." San Francisco Chronicle 8 May 1996: E1 Clarkston, Michael. "From Boys to Men." The Toronto Star 28 May 1997: B6 Feldman, Robert. Understanding Psychology. Boston: McGraw-Hill, 2000. Henderson, John. "Skippin' School." The Denver Post 11 March 1999: D1 Livingston, Bill. "Young NBA Players Learn on the Job." The Plain Dealer 17 December 1997: D1 May, Peter. "Exorbitant Salaries." The Boston Globe 11 July 1999: E2 McCallum, Jack. "Going, Going, Gone." Sports Illustrated 20 July 1996: C4 Pensa, Patty. "Early Departures." The Columbus Dispatch 4 July 1999: E2 Wann, Daniel. "Team Identification." Journal of Sports Behavior 7 June 2000: 23 Wilbon, Michael. "Draft Pool." The Washington Post 3 May 2001: D1 Wolff, Alexander. "Impossible Dream." Sports Illustrated 2 July 1997: C4

How the Castillo and Mother Church Work Urbanistically :: Mexican Cities Churches Architecture Essays

How the Castillo and Mother Church Work Urbanistically   Ã‚  Ã‚  Ã‚  Ã‚  The role of the city is to be the center of economic, political, and cultural movement. Cities have a dense population compared to the area, so careful planning must go into its development. In the U.S. alone, 55% of the population lives in cities with more than 1,000,000 people, 78% in cities with more than 100,000, and less that 3% live in agricultural areas (Angotti, Tomas. 1993). Since it is so crucial for a city with countless numbers of inhabitants to work properly, there has to be certain building types to facilitate the lives of the people. One of the most important building types is the temple. Temples through out time usually work very similarly urbanistically in the sense that they are centers of religious practice and located in key areas. A temple is a symbol of the culture; it represents the people’s beliefs and how devoted they are to them. Temples have usually been elaborate and large scale; examples of this include the Temple of Kukulkà ¡n in Chichà ©n Itzà ¡, Mexico, and the Mother Church in Boston, Massachusetts. The Temple of Kukulkà ¡n and the Mother Church in Boston are strikingly similar in many ways, including architecturally and how they are used by the people of the city.   Ã‚  Ã‚  Ã‚  Ã‚  Chichà ©n Itzà ¡ was once one of the most powerful kingdoms of pre-Columbian America. In the time between the end of the Classic and beginning of Post-Classic period of Mayan history, around 800c.e. to 1100c.e, it was an important city for local politics, religion, and trade and was crucial to the Mesoamerican social structure. Since this city was so constantly populated, it had to be intricately designed. In order for this complex city to work, careful planning and organization had to go into the urban development in order to make this culturally diverse society.   Ã‚  Ã‚  Ã‚  Ã‚  The history of Chichà ©n Itzà ¡ is quite unique when compared to other Mayan cities. Its architectural influences come from two different sources. Chichà ©n Itzà ¡ began in the Middle to Late Classic period when some of its Puuc and early Maya structures were built. The Puuc architectural style came from the hilly region west of Chichà ©n Itzà ¡, and consisted of buildings with different proportions and construction than the future buildings in the north of Chichà ©n Itzà ¡. Puuc buildings have rubble-filled concrete walls faced by a thin veneer of dressed stone. The exterior walls have plain lower facades supporting upper facades decorated with religious masks and geometric designs.

Shutter Island Scene Reviews and Diagnosis

Psychological disorder: Grandiose and Persecutory Delusional Disorder Movie title: Shutter Island Movie rating: 3. 5/5 Character name: Teddy Daniels (Aka. Andrew Laeddis) Actor’s name: Leonardo DiCaprio Andrew Laeddis’ wife went insane and drowned their children, so he murdered her.He feels guilty about neglecting to get his wife help, which could have saved their children, and guilty about killing her as well; the two of these add up heavily on his conscience, so much so that he creates an alternate personality (Teddy Daniels) to get away from the terrible reality that is his life. I will refer to him as Teddy throughout my character diagnosis. Scene one: Teddy experiences a nightmare about his wife. The fire symbolizes not only how she first tried to commit suicide, but also the death of his sanity.The nightmare begins with his wife scolding him about his drinking problem, which is a repressed regret that only comes out in his dreams where he is vulnerable. She says s he never left, and she walks to the window where you can see the lake; the one where she drowned her children and was murdered (by Teddy) at. She tells him he needs to wake up, but she really means he needs to see reality, she says she’s not really there, and that he needs to face that. She says â€Å"Laeddis† is still there, which is who he was before he invented the Teddy persona to avoid feeling the guilt, since he would inevitably blame himself for their deaths.Scene two: Teddy has a flashback about his traumatic experience in Germany during World War II. He has post-traumatic stress disorder from his time spent there and his repressed memories span from killing guards to seeing thousands of innocent people turn to frozen corpses. He has guilt, shame and self-hatred induced psychosis from his involvement in the war. He sees his nurse (he replaces the image of his wife with the image of his nurse because it’s easier to handle) and his deceased daughter, she i s a symbol of his guilt for neglecting his wife’s mental problems.If he had have done something about his wife, his children would not have died. Scene three: Again Teddy replaces his wife with his nurse to avoid further pain and she asks him to help her. He picks up his daughter and she once again is a symbol of guilt as she asks him why he didn’t save her. He said it was too late by the time he got there, meaning physically to the scene where his children were murdered as well as meaning that he was too late in getting help for his wife who was visibly losing touch with reality.Scene four: Teddy talks to his old friend, who he remembers, but he does not understand still that he was a patient at Shutter Island along with his friend. He does not remember beating up his friend, even when his friend says he looks so bad because of him. Teddy stays stuck in his other personality, which is a common trait of borderline personality disorder. When he is in one identity, he sh ows a complete amnesia for his other identity. He created a fictional life for himself, with fictional characters to go along with the story.He tells himself his wife died in a fire, when he really murdered her. He blames â€Å"Andrew Laeddis† (who is himself) for being the one who lit the match that killed his wife, which is a metaphor for him being at fault for her death, and the children’s deaths. He is in a constant search for Andrew Laeddis, saying he’s the secret patient at Shutter Island, and his imagined wife tells him to kill Andrew. He wants so badly to get rid of his past self, because he would rather live without feeling the guilt.His friend says he can’t deal with the truth and kill his old self at the same time, he makes the point that he’s fighting against himself. When his friend mentions his deceased wife, and repeats saying â€Å"let her go†, Teddy hallucinates that she is present in the room. His friend knows he’s s eeing her, and is clearly distressed, he knows his delusions will be the death of him. He snaps out of his alternate personality for a moment and says that he can’t let her go. Knowing that Teddy was and still is technically a patient of Shutter Island, he warns that Teddy will never leave the island.

Easy Way to Learn Tax

C. S. Executive Tax Law Dec. 09 Solved Ans. 1 Qn. 1. (A) Choose the most appropriate answer from the given options in respect of the following having regard to the provisions of the relevant direct, tax laws (i) Income-tax in India is charged at the rate(s) prescribed by — (a) The Finance Act (b) The Income-tax Act (c) The Central Board of Direct Taxes (d) The Ministry of Finance Solution: (a)The Finance Act (ii) Under the Income-tax Act, 1961, depreciation on machinery is charged on — (a) Purchase price of the machinery (b) Market price of the machinery (c) Written down value of the machinery d) All of the above. Solution: (c) Written down Value of the machinery (iii) Income accruing in India in previous year is taxable for — (a) Resident (b) Not ordinarily resident (c) Non-resident (d) All of the above. Solution (d) All of the above (iv) Sandeep purchased a house for his residential purpose after taking a loan in January, 2007. During the previous year 2008-09, he paid interest on loan Rs, 1,67,000. While computing income from house property, the deduction is allowable to the extent of — (a) Rs. 30,000 (b) Rs, 1,00,000 (c) Rs. 1,67,000 (d) Rs. 1,50,000. Solution: (d) Rs. ,50,000 (v) Which of the following is an ‘asset' under section 2(ea) of the Wealth-tax Act, 1957 — (a) Equity shares in a company (b) Balance in provident fund (c) Motor car held as stock-in-trade – (d) Jewellery for personal use. Solution: (d) Jewellary for personal use (B) Re-write the following sentences after Filling-in the blank spaces with appropriate word(s)/figure(s) : (i) Deduction for bad debt is allowed to an assessee carrying on business in the year in which the debt is ________ as bad. (ii) Deduction available under section 80GG towards rent paid shall not exceed Rs. ______ per month. (iii) It is obligatory for an assessee to pay advance tax where the amount of tax payable is Rs. ________ or more. (iv) A belated return of income can be filed at any time before the expiry of ________ from the end of relevant assessment year. (v) Wealth-tax is levied on the net wealth of a person as on 31†³ March, this date is known as _______ date. Solution: (i) declared (ii) 2000 (iii) 5000 (iv) 1 year (v) Valuation date. (C) Rajan is an employee of a private limited company and gets the following emoluments during the previous year ended on 31sl March, 2009: Salary: Rs. 6,000; Salary in lieu of leave: Rs. 6,000; Entertainment allowance: Rs. 10,000; and Commission: Rs. 8,000. Rajan's son studies in a school which is owned and maintained by the company. The cost of education in a similar school in the locality is Rs. 22,000 per year, but the company charges Rs. 4,000 from Rajan. Salary of a domestic C. S. Executive Tax Law Dec. 09 Solved Ans. 2 servant provided to Rajan by the company is Rs. 6,000 and the same is paid by the company. The company purchases a computer on 1st April, 2008 for Rs. 50,000 which is given to Rajan for office and private use.The company purchases a refrigerator for Rs. 20,000 on 30th June, 2008 for personal use of Rajan. Rajan and the company both contribute Rs. 1. 2,000 towards recognised provident fund. Rajan deposits Rs. 40,000 towards public provident fund. Rajan earns Rs. 1,00,000 by way of rent from a vacant plot, of land. Compute the taxable income and tax liability of Rajan for the assessment year 2009-10. Solution (I) Income from salary Salary Salary in lieu of leave Entertainment allowance Commission Perquisites Domestic servant Computer RefrigeratorBenefit to cost of education (22,000- 4,000) Contribution to PF (in excess of 12%) Gross Salary (-) deduction U/S 16 Professional Tax Entertainment allowance Total Amount (II) Income from house Property Gross total Income (I + II) (-) Deduction U/S 80 C – 80 U U/S 80 C ( Contribution to PPF ) Total Income 96,000 6,000 10,000 8,000 6,000 NIL NIL 6,000 18,000 480 1,44,480 NIL NIL NIL 1,44,480 1,00,000 40000 2,04,480 Computation of tax liability Upto Rs. 1,50,000 Next 54,480 10% + 3% education cess Total tax liability NIL 5,448 Total Tax liability 5,448 163 5611 = Rs. 5610 QN. 2. A) From the following profit and loss account of Vinay for the year ended 31st March, 2009, compute his total income and tax liability for the assessment year : 1009-10 : Rs. Interest on capital Insurance Bad debts Depreciation Advance tax General expenses Advertisement Salary (including salary to Vinay Rs. 20,000) Interest on loan Net profit 12,000 2,000 30,000 34,000 25,000 12,000 5,000 Gross profit Brokerage Bad debts recovered (earlier allowed as deduction) Sundry receipts Interest on debentures (gross) [TDS Rs,4,120] 85,000 8,000 4,00,000 6,13,000 Additional information : i)The amount of depreciation allowable as per income-tax rules is Rs. 42,000. Rs. 5,10,000 30,000 15,000 18,000 40,000 6,13,000 C. S. Executive Tax Law Dec. 09 Solved Ans. (ii) General expenses include Rs. 5,000 given as contribution to a politic al party. (iii) Vinay pays Rs. 5,200 as premium on his own life insurance policy of Rs. 50, 000. (iv) Loan was obtained for payment of income-tax, 3 Solution (I) Income from business Net profit for the year Add: Expenses not allowed under Income tax act but debited to P & L A/C Intt. On capital Depreciation as per books of a/c Advance taxGeneral Expenses Salary to Vinay Intt on loan Less: Income not allowed but Credited to P& L a/c Intt. On debentures Depreciation as per Income tax Act Total Income (II) Income from Salary (III) Income from other sources Interest on debenture Gross total income [I + II + III ] Less: Deduction U/S 80C – 80U (i) Premium on life insurance policy (80C) (ii) Contribution to political party Sec (80 GGC ) Total Income Tax liability Upto Rs. 150,000 Next 1,50,000 Next 1,71,800 Rate NIL 10% 20% Rs. 12,000 34,000 25,000 5,000 20,000 8,000 40,000 42,000 Rs. 4,00,000 1,04,000 82,000 4,22,000 20,000 40,000 ,82,000 5,200 5,000 4,71,800 Computation of tax li ability Less: Advance tax Paid Less: TDS Add: 3 % education cess Total tax liability = 20850 NIL 15,000 34,360 49,360 25,000 4,120 20,240 607 20847 (B) Write short notes on any two of the following : (i) Taxation of zero coupon bonds (ii) Share of profit from partnership firm (iii) Exemption of income of newly established units in special economic zone. Solution (i) Transfer of zero coupon bond will be subject to capital gain tax: The profits arising on the transfer of such zero coupon bond shall be chargeable under the head â€Å"capital gains†.Further, section 2(42A) has been amended to provide that if such zero coupon bonds are held for not more than 12 months, such capital asset shall be treated as short-term capital asset and hence shall be subject to short-term capital gain. On the other hand, where these bonds are held for more than 12 months, such capital gain shall be treated as long-term capital gain. Taxability of long-term capital gain from zero coupon bond [Provi so to section 112 (1)] The long-term capital gain on zero coupon bonds shall be chargeable to tax at minimum of the following two: (a) 20% of long-term capital gain after indexation of cost of such bonds, or i) 10% of long-term capital gain before indexation of cost of such bonds, C. S. Executive Tax Law Dec. 09 Solved Ans. 4 Solution (ii) Share of profit – Section 10(2A) provides that in the case of a partner (including a minor admitted for the benefit of the firm) of a firm, his share in the total income of the firm shall be exempt from tax. Remuneration or interest- If condition of section 184 and section 40(6) are satisfied then interest, salary, bonus, commission or remuneration paid/ payable by the firm to partners is taxable in the hands of partners (to the extent these are allowed as deduction in the hands of the firm).The following points one should note — 1. Remuneration is not taxable under the head â€Å"Salaries†- Remuneration is not taxable in the hands of partners under section 15 under the head â€Å"Salaries† (Explanation 2 to section 15). It is taxable as business income. 2. Expenses are deductible under sections 30 to 37- Any expenditure incurred in order to earn salary/interest income can be claimed as a deduction under sections 30 to 37 from such income. For instance, if a artner borrows money to make his capital contribution to the firm and he has received interest on his capital contribution, the amount of such interest will be taxed under the head â€Å"Profits and gains of business or profession†, but the interest paid by him on the borrowed money will have to be allowed as a deduction. 3. Consequences when remuneration/interest is disallowed in firm's hands-if salary/ interest is disallowed in the hands of firm under section 40(b) and/ or section 184, then the same is not taxable in the hands of the partners.Likewise, if a part of salary/interest is not allowed as deduction in the hands of the firm, that part of salary/interest is not taxable in the hands of the partners. The cumulative impact of the aforesaid provision is that in the hands of partners the entire remuneration/ interest (excluding the amount disallowed in the assessment of partners ) is chargeable to tax. Solution (iii) The deduction under this section shall be allowed as under for a total period of 15 relevant assessment years. 1.For the first 5 consecutive assessment years 100% of the profits and gains derived from the export beginning with the assessment year relevant to of such articles or things or from services the previous year in which the unit begins to manufacture such articles or things or provide services 2. Next 5 consecutive assessment years 50% of such profits or gains 3. Next 5 consecutive assessment years So much of the amount not exceeding 50% of the profits as is debited to profit and loss account of the previous year in respect of which the deduction is to be allowed and credited to Special E conomic ZoneReinvestment Reserve Account to be created and utilised for the purpose of the business of the assessee in the manner laid down in sub-section (2) below. (c) State, with reasons in brief, whether the following statements are correct or incorrect: (i) Unabsorbed depreciation of any year can be carried forward for set-off for an unlimited period of time. (ii) An individual is not liable to pay fringe benefit tax. ? (iii) The entire amount of winning from lotteries is taxable at a special rate of income-tax. (iv) Income of minor child is included in the income of his parents under the Income-tax Act, 1961 in all cases. v) When the prize is given partly in cash and partly in kind, income-tax will be deducted from cash only. Solution (i) True : Unabsorbed depreciation of any year can be carried forward for set off for an unlimited period of time. (ii) True: Individual is not liable to fringe benefit tax. (iii) True: The entire amount of winning from lotteries is taxable at th e rate of 30%. (iv) False: Income of minor child is not included in the income of his parents in all cases. Any income of minor child U/S 80U, manual work done and in case of activity involved special skills are not clubbed in the hands of parents. v) False: When the prize is given partly in cash and partly in kind, Income tax is deducted from both cash and kind. Qn. 3. (A) Distinguish between any three of the following: (i) Gross total income' and ‘total income'. (ii) Recognised provident fund' and ‘statutory provident fund'. (iii) ‘Compulsory best judgment assessment' and ‘discretionary best judgment assessment', (iv) ‘Exemptions' and ‘deductions'. C. S. Executive Tax Law Dec. 09 Solved Ans. 5 Solution (i) Gross Total Income: As per section 14, all income shall, for purposes of Income-tax and computation of total income, be classified under the following heads of income: i) Salaries, (ii) Income from House Property, (iii) Profits and Gains of Bu siness or Profession, (iv) Capital Gains, (v) Income from Other Sources. Aggregate of incomes computed under the above 5 heads, after applying clubbing provisions and making adjustments of set off and carry forward of losses, is known as Gross Total Income (GTI). [Section 80B(5)] Total Income: The total income of an assessee is computed by deducting from the gross total income, all deductions permissible under Chapter VIA of the Income-tax Act i. e. , deductions under sections 80C to 8OU. Solution (ii)Particulars SPf RPF 1. Employee's/ assessees' Deduction u/s 80C is available from Deduction u/s 80C is available from contribution gross total income subject to the gross total income subject to the limit limit specified therein specified therein 2. Employer's contribution Fully exempt from tax Exempt upto12% of salary. Amount in excess of 12% is included in gross salary. 3. Interest on Provident Fully exempt from tax Fund Exempt u/s 10 upto 9. 5% p. a. Interest credited in excess of 9 . 5% p. a. is included in gross salary 4. Repayment of lump sum Fully exempt u/s 10(11) mount on retirement/ resignation/ termination Exempt subject to certain conditions. See Note 2. Solution (iii) Best Judgment Assessment: In a best judgment assessment the assessing officer should really base the assessment on his best judgement i. e. he must not act dishonestly or vindictively or capriciously. There are two types of judgement assessment: 1. Compulsory best judgement assessment made by the assessing officer in cases of non-co-operation on the part of the Assessee or when the Assessee is in default as regards supplying informations. . Discretionary best judgement assessment is done even in cases where the assessing officer is not satisfied about the correctness or the completeness of the accounts of the Assessee or where no method of accounting has been regularly and consistently employed by the Assessee. Solution(iv) Exemption – All receipts which give rise to income, are t axable under the Income tax -Act unless it is specifically provided that it does not form part of total income such incomes which do not form party exempt from tax. As per sec. 0 to 13A, certain incomes are either totally exempt from tax or exempt upto a certain limit therefore, there incomes to the extent there are exempt, are not included in the total income of an assessee for computation of his total income. Deduction:- The aggregate of income computed under each head, after giving effect to the provisions for clubbing of income and set off of loss is â€Å"Gross total Income† . In computing the total income of an assessee certain deductions are permissible under sec. 80C to 80U from â€Å"Gross total Income†.But Deductions cannot exceed Gross total Income and to get deduction, It is Assessee’s duty to place relevant material before the said authority along with Return. QN. 3(B) What is the time-limit for deposit of ‘tax deducted at source' (TDS) to the credit of Central Government? Solution C. S. Executive Tax Law Dec. 09 Solved Ans. TIME LIMIT FOR DEPOSITE OF TDS TO THE CREDIT OF CG 6 Section under which deduction is made Person (1) Sum deducted under sections 193, 194A, 194C, 194D, 194E, 194G, 194H. 194-1, 194J. 195. 196A to 196D (A) Tax deducted by or on behalf of the Government (B) Tax deducted by or behalf of any ther person: Same day of deduction: (i) if the amount is credited to the account of the payee as on the date upto which the account of such persons are made (ii) in any other case within 2 months, of the expiration of the month in which that date falls. (2) Sum deducted under sections 192. 194, 194B, 194BB, 194EE, 194F and 194K Time limit of de Central Government (A) Tax deducted by or on behalf of Government (B) Tax deducted by or on behalf of other person within one week for the last day of the month in which the deduction is made Same day of deduction Within one week from the last day of the month in which educti on made, Qn. 4. (A) What are the special provisions for computing profits and gains of retail business ? Solution: Section 44AF – Special provisions for computing profits and gains of retail business : (1) Notwithstanding anything to the contrary contained in Sections 28 to 43C, in the case of an assessee engaged in retail trade in any goods or merchandise, a sum equal to 5% of the total turnover in the previous year on account of such business or, as the case may be, a sum higher than the aforesaid sum as declared by the assessee in his return of income shall be deemed to be the profits and gains of such usiness chargeable to tax under the head â€Å"Profits and gains of business or profession†: Provided that nothing contained in this sub-section shall apply in exceeds an amount of 40 lakhs rupees in the previous year. respect of an assessee whose total turnover (2) Any deduction allowable under the provisions of sections 30 to 38 shall be deemed to have been already given full effect to and no further deduction under those sections shall be allowed.Provided that where the assessee is a firm, the salary and interest paid to its partners shall be deducted from the income computed under sub-section(1) subject to the conditions and limits specified in Section 40(b). (3) The written down value of any asset used for the purposes of the business referred to in sub-section(1) shall be deemed to have been calculated as if the assessee had claimed and had been acutually allowed the deduction in respect of the depreciation for each of the relevant assessment years. 4) The provisions of sections 44AA and 44AB shall not apply in so far as they relate to the business referred to in sub-section (1) and in computing the monetary limits under those sections, the total turnover or the income from the said business shall be excluded. (5) Notwithstanding anything contained in the foregoing provisions of this section, an assessee may claim lower profits and gains t han the profits and gains specified in sub-section (1), if the keeps and maintains such books of accounts and other documents as required u/s 44AA and gets his accounts audited and furnishes a report of such audit as required u/s 44AB. B) What are the provisions relating to clubbing of income arising to spouse from the assets transferred ? Solution: Income from assets transferred to the spouse [Section 64(l)(iv)]: In computing the total income of an individual, all such income as arises directly or indirectly, subject to the provisions of section 27(i) (i. e. deemed owner), to the spouse of such individual from assets (other than house property) transferred directly or indirectly to the spouse of such individual otherwise than for adequate consideration or in connection with an agreement to live apart shall be included. C. S. Executive Tax Law Dec. 9 Solved Ans. 7 As per this provision, if an individual transfers any asset other than house property to his/her spouse, the income from such an asset shall be included in the total income of the transferor. This provision is not applicable to house property because in that case transferor is deemed to be the owner of the house property and the annual value of the property is taxed in the hands of the transferor as per section. 27. The income from the transferred assets shall not be clubbed in the following cases: (i) If the transfer is for adequate consideration; (II) the transfer is under an agreement to live apart; iii) if the relationship of husband and wife does not exist, either at the time of transfer of such asset or at the time of accrual of the income. (C) Alka is carrying on textile business. Compute her net wealth from the following — details of her assets and also determine her wealth-tax liability for the assessment year 2009-10 : (i) Land in rural area (it lies within 8 kms. from a municipality having a population of more than 10,000; land was purchased in 1990; construction is permissible. (ii ) Land in urban area (held as stock-in-trade since 2001 ) (iii) Motor cars (iv) Aircraft for use of employees and auditors (v) Bank balance vi) Guest house situated in rural area (vii) Residential flats of identical size provided to employees near the factory (salary of employees does not exceed Us. 5. 00,000 in a year) (viii) Residential house given to general manager (whose annual salary is Rs. 15,00,000) (ix) Cash in hand as per cash book (x)Two residential houses; let-out on rent (value of each being Rs. 22 lakh; one is letout for 250 days during the financial year 2008-09). Market Value 48,00,000 35,50,000 8. 60,000 1,25,00,000 12. 00,000 10,50,000 30. 00,000 25,00,000 2,00,000 Alka has taken a loan of Rs. 24,00,000 for acquiring the aircraft; Rs. 5,50. 000 for and; and Rs. ,00,000 for residential house given to general manager Solution: Computation of not wealth of Alka for the Assessment year 2009-10 i. Land in Rural Area (Lies within 8 Kms from a Municipality) 48,00,000 ii. Land in Urban Area (held as SIT) –iii. Motor car 8,60,000 iv. Aircraft for use of employees and auditors 1,25,00,000 v. Bank Balance –vi. Guest house situated in Rural Area 10,50,000 vii. Residential flats to employees (salary does not exceed Rs. 500000) -viii. Residential house given to general manager 25,00,000 ix. Cash in hand as per books –x. Two residential house let out on rent but one house is let out for less than 300 days. 2,00,000 Gross wealth 2,39,10,000 Less: Loan taken for Acquisition of air craft 24,00,000 Urban land —Residential house to General Manager 4,00,000 28,00,000 Total Tax [ i. p. 1% on the amount in excess of Rs. 15,00,000 ] 19610000 x 1% 2,11,10,000 1,96,100 Qn. 5. (A) Anurag sells a plot of land on 8th July, 2008 for Rs. 40 lakh and paid brokerage on its sale @1%. He purchased this plot on 19th December, 1986 for Rs. 4. 20,000. On 1st February, 2009, he purchased a residential house for Rs. 15 lakh. He owns one residential house an 8th July, 2008. The cost inflation index for 1986-87 was 140 and for 2008-09 is 582.Find out the amount of capital gains chargeable to tax for the assessment, year 2009-10. Suppose Anurag sells the new residential house before 1st February. 2012, what will be the taxable amount of capital gains and C. S. Executive Tax Law Dec. 09 Solved Ans. 8 in which year it will be charged to tax? If Anurag purchases any other residential house before 1st February, 2011, what will be the taxable amount of capital gains and in which year it will be charged to tax ? Solution: (A) Computation of capital gains chargeable to tax for A/Y 2009-10 Sales Consideration Less: Expenses an transfer [brokerage @ 1%]Less: Indexed cost of acquision 420000 x 582 —140 40,00,000 4,00,000 17,46,000 18,54,000 15,00,000 LTCG 3,54,000 If Anurag sells the new residential house before 1st Feb 2012 the taxable amount is whole sales consideration and it is taxable in A/Y 2013 -14 If Anurag purchase any other res idential house before 1st Feb 2011, than taxability is not arise in A/Y 2012 -13. (-) Exemption U/S 54 (B) Danny has the following investments in the previous year ended 31st March, 2009: (i) Rs. 7,160 received as interest on securities of Karnataka government. (ii) Rs. 9,000 received as interest on securities of a listed paper manufacturing company. iii) Rs. 7,200 received as interest on the unlisted securities of a sugar company. (iv) Rs. 30,000. 11% securities (unlisted) of a textile company. (v) Rs. 20,000, 10% Tamil Nadu government loan, (vi) Rs. 50,000, 13. 5% listed debentures of Dolly Ltd. Interest on ail securities is payable on 30lh June, and, 31†³ December. The bank charges 1/5% commission on net realisation of interest as collection charges. Danny also received Its. 15, 000 as director's fee from a company. His other incomes are — winnings from horse race: Rs. 25,000 (gross); and interest on post office savings bank account : Rs. 6,000.Find out taxable income of Danny from other sources for the assessment year 2009-10. Solution: Computation of Income from other sources for the A/Y 2009 -10 Director Fees Winning from horse race Interest from post office saving bank account 11% securities (unlisted ) of a textile company 10% Tamil nadu Govt. loan 13. 5% listed debentures of Dolly ltd. Intt. On securities of Karnataka Govt. Intt. On a listed paper mfg. Co. Intt. On the unlisted securities of a sugar company Less: Deduction Bank Charges 1. 5% Total Income Amount 15,000 25,000 6,000 3,300 2,000 6,750 7,160 9,000 7,200 81410 1,221 80,189 C) â€Å"Loss under any head of income for any assessment, year can be set-off against the income from other heads of income but when it has to be carried forward for being set-off, it can only be set-off from income under the same head. † Explain. Solution: Where in respect of any Assessment year, if after setting off losses against income under the same head the net result of the computation under an y head of income, other than ‘capital gains’ is a loss, the assess shall be entitled to have the amount of such a loss set off against his income, if any, available, for that assessment year under any other head.But If the losses could not be set off under the same head or under different heads in the same assessment year, such losses are allowed to be carried forward to be claimed as set off from the income of the subsequent Assessment Year for eg;- A loss under the head house property, if could not be set off or was not wholly set off in the same assessment year, will be allowed for be carry forward and set off only under the head Income from house property similarly Business losses other speculation business can be carry forward and set off under the head PGBP. C. S. Executive Tax Law Dec. 9 Solved Ans. 9 Where in respect of any assessment year, the net result of the computation under the head â€Å"Capital Gains† is a loss to asseessee, whether short term or long term. Such loss shall be separately carried forward, further such carried forward short term capital loss can be set off in subsequent assessment year from income under the head capital gains, whether short term or long term, but brought forward long term capital loss shall be allowed to be set off only from long term capital gain. QN. 6 (A) Rohit is the owner of a house property, its municipal valuation. s Rs. 80,000. It has been let-out for Rs. 1,20,000 per annum. The local taxes payable by the owner amount to Rs. 16,000, but as per agreement between the tenant and the landlord, the tenant has paid the amount direct to the municipality. The landlord, however, bears the following expenses on tenant's amenities: Rs. Extension of water connection Water charges Lift maintenance Salary of gardener Lighting of Stairs Maintenance of swimming pool The landlord claims the following deductions : Repairs and collection charges Land revenue paid 3,000 1,500 1,500 1,800 1,200 750 7,500 1, 500Compute the taxable income of Rohit from the house property for the assessment year 2009-10. Solution: Computation of Income from House Property of Rohit. Actual Rent Value Less: Expenses net by Rohit an amenities provided to the tenant’s Water charges Lift Maintenance Salary of gardener Lighting of stairs Maintenance of Swimming pool Extension of water connection Annual Rent Net Annual value ( Municipal rent value Rs. 80,000 or Rs. 1,10,250 which ever is higher ) Less: Statutory deduction @ 30% Taxable income from House Property 1,20,000 1,500 1,500 1,800 1,200 750 3,000 9,750 1,10,250 1,10,250 33,075 77,175 B) What are ‘capital assets' ? What items are not included in capital assets ? Solution: Capital asset means property of any kind held by the assessee, whether or not connected with his business or profession, but does not include: (i) any stock-in-trade, consumable stores or raw materials held for the purposes of his business or profession as these will be taxe d under the head â€Å"profits and gains of business or profession†; (ii) personal effects, that is to say, movable property (including wearing apparel and furniture), held for personal use by the assessee or any member of his family dependent on him.However, the following assets shall not be treated as personal effects though these assets are moveable and may be held for personal use: (a) jewellery; (b) archaeological collections; (c) drawings; (d) paintings; (e) sculptures; or (f) any work of art. (iii) agricultural land in India, which is not an urban agricultural land. In other words, it must be a rural agricultural land; (iv) 6. 5% Gold Bonds, 1977, 7% Gold Bonds, 1980 or National Defence Gold Bonds, 1980 issued by the Central Government; (v) Special Bearer Bonds, 1991, issued by the Central Government;C. S. Executive Tax Law Dec. 09 Solved Ans. (vi) Gold Deposit Bonds issued under the Gold Deposit Scheme 1999. 10 QN. 7. Attempt any four of the following : (a) â€Å"Ser vice tax is generally payable by the service provider, but there are certain situations in which service receiver is liable to pay service tax. † Explain. (b) What are the due dates for payment of service tax by different assessees? (c) Indicate the amount of interest payable for late payment of service tax and the amount of penalty payable for late filing of return of service tax. d) Explain the provisions regarding submission of return under service tax. (e) What is the basis of calculation of service tax payable? Explain the provisions governing valuation of taxable services. (f) Choose the most appropriate answer from the given options in respect of the following; (i) What would be the value of taxable service, if gross amount charged by a service provider on 5th March, 2009 is Rs. 9,000 — (a) Rs. 8,010 (b) Rs. 8,160 (c) Rs. 9,000 (d) Rs. 8,100. (ii) If Raj has collected any amount of service tax from Brij which is not required to be collected.Raj shall pay the amou nt so collected to — (a) Brij (b) The Central Government (c) Keep it with himself (d) None of the above. (iii) E-payment of service tax is compulsory in the case of an assessee who had paid service tax in the preceding financial year equal to at least — (a) Rs. 10 lakh (b) Rs. 40 lakh (c) â€Å"Rs. 50 lakh (d) Rs. 1 crore. (iv) Upto what amount, the value of all taxable services provided by a service provider during a financial year is exempt from payment of service tax — (a) Rs. 4 lakh (b) Rs. 8 lakh (c) Rs. 10 lakh (d) Rs. l2 lakh. v) If a corporate assessee lias paid Rs. 5,000 as excess service lax during; the previous half-year ending period, this excess amount can be adjusted against its subsequent tax liability — (a) Equally every month (b) Equally per quarter (c) In one lump-sum (d) Equally on half-yearly basis, Solution (a) The general principle is that the person providing a taxable service is liable to pay service tax, but in certain specific s ituations, as Government may notify, persons other than the person providing the taxable service are liable for payment of service tax. S. No. Services Persons liable for payment 1 Telecommunication Provider of service General Insurance Insurer or reinsurer 3 4 5 Insurance Auxiliary Insurance Agent Any service provided from outside India and Receiver of service in India received in India Goods transport agency (GTA) Person making payment of freight i. e. receiver of the service (if consignor or consignee of goods are in organized sector), or GTA i. e. provider of service (in other cases) C. S. Executive Tax Law Dec. 09 Solved Ans. Sponsorship services Receiver of services Business auxiliary services of distribution of mutual Receiver of service in India fund Any other taxable service Service provider 6 7 8 11 B) There have been frequent changes in the due dates for payment of service tax. The current law pertaining to due dates for depositing the service tax are summarized in the ta ble given below: Category of Assessee Periodicity of Payment Period Due Date Individuals, proprietary Quarterly firms or partnership firms April to June 5th (6th in case of eJuly to September paymentofthe month October to December immediately following the said quarter January to March 3 1st March Others All months except March 5th (6th in case of e-payment) of the month immediately , following the calendar month MonthlyMarch 3 1st March (C) The amount of interest payable for late payment of service tax is 13%. Return of service tax has to be filed within the prescribed period. A late fee has to be paid along with the filing of return of service tax if the same is filed late. Where the return is furnished late the person liable to furnish return is liable to pay to the Central Government a penalty, on the basis of period of delay subject to maximum of Rs. 2,000. Period of delay from due date Penalty to be paid Upto 1 5 days 16 to 30 days Rs. 500 Rs. 1,000 After 30 days Rs. 1,000 + 1 00 per day in excess of 30 days pto maximum of Rs. 2,000 (D) Every person liable to pay service tax shall himself assess the tax due on the services provided by him and furnish a return in Form ST-3 (in triplicate) on a half-yearly basis. ‘Half year' means 1st April to 30th September and 1st October to 31st March of financial year. Without prejudice to the provisions of section 70, the Board may, by notification in he Official Gazette, frame a Scheme for the purposes of enabling any person or class of persons to prepare and furnish a return under section 70, and authorise a Service Tax Return Preparer to act as such under the Scheme.The return has to be submitted by the 25th of the month following the particular half-year. Even a NIL return has to be filed if the assessee has not rendered any taxable service during a particular half year. There are no provisions under the Act which enable the filing of revised returns. (E) As per section 66, service tax is to be charged @ 12% of the value of taxable service proved or to be provided. Hence, we have to determine the value of such taxable services so as to pay service tax. As per section 67, the valuation of taxable service shall be determined as under:— SituationValuation (i) where the provision of service is for a gross amount charged by the service provider for such consideration in money service provided or to be provided by him (ii) where the provision of service is for a such amount in money, with the addition of service tax consideration not wholly or partly consisting charged, as is equivalent to the consideration. In other of money words, it should be value of similar services provided to third party. If similar service is not provided to third party, it should be market value as determined by the assessee ut it cannot be lower than the cost of provision of same. (iii) C. S. Executive Tax Law Dec. 09 Solved Ans. 12 where the provision of service is for a the amount as may be determined in th e prescribed consideration which is not ascertainable manner (F) (i) (b) 8160 (ii) (b) The central Government (iii) (c) Rs. 50 lakhs (iv) (c) Rs. 10 lakhs (v) (c) In one Lump-sum PART—C QN. 8 Attempt, any four of the following : (i) How would you take input tax credit when goods purchased are transferred by the dealer to his branch in any other State ? ii) A registered dealer can set-off the amount of input tax against the amount of his output tax. † Explain. (iii) Explain the procedure of registration under â€Å"value added tax' (VAT). (iv) In what purchases input, tax credit is not allowed under VAT ? (v) What are the deficiencies in the design of VAT that has been adopted by the States in India? Give your opinion (vi) â€Å"Tax credit or invoice method has been adopted universally because; of the inherent advantages in the credit method of calculating tax liability? Explain, Solution (i) Stock/Branch transfers i. . transfer of stock from head office to the branch or vice-versa (viz. Inter-State transfers) do not involve sale and, therefore, they cannot be subjected to sales-tax/VAT. However, if (1) inputs are used in the manufacture of finished goods, which are stock/branch transferred; or (2) goods purchased for re-sale are stock/branch transferred, then, tax paid on such inputs/goods will be available as input tax credit subject to retention of 4% out of such tax by the State Governments. (ii) For claiming input tax credit dealer must be a registered dealer.A registered dealer can only set off the amount of input tax against the amount of his output tax. Further a registered dealer must purchase goods from another registered dealer who has not opted for composition scheme to claim credit of input tax. Apart from registration requirement the registered dealer must keep supporting evidences like VAT invoice of the purchases. (iii) Any dealer whose gross annual turnover is above Rs. 5 lakh will be liable to get compulsory registration. An exi sting dealer will be automatically registered under the VAT Act.A dealer registered under the VAT Acts is called a registered dealer. Any other dealer may get himself voluntarily registered. On such a dealer Commissioner may impose any conditions as he thinks fit. If dealer fails to get registration he may be registered compulsorily by the commissioner. Time limit Application for registration must be made within 30 days from the date of liability to get registered. Whom to apply Application for registration must be made to the VAT Commissioner. Exemption from registration A small dealer with gross annual turnover not exceeding Rs. lakhs does not require registration. Further States may increase the above limit for the small dealers to Rs. 10 lakhs. Penalty If a dealer who is liable to get himself registered, fails to do so then he shall be liable to penalty and he shall not be eligible for input tax credit related to the period prior to the compulsory ‘registration. Cancellati on of registration In the following cases registration can be cancelled: (i) In case of discontinuance of business; or (ii) In case of sale or disposal of business; or (iii) In case of shifting or transfer of business to a new state; or (iv)Annual turnover of the dealer falls below the specified amount. (iv) Purchase in which input tax credit is not allowed under VAT :i) purchases from unregistered dealer. ii) iii) iv) v) vi) vii) viii) C. S. Executive Tax Law Dec. 09 Solved Ans. Purchase from registered dealer who opted for composition scheme. Purchase of goods as may be notified by the state Government. Purchase of goods where invoice does not show the amount of tax separately. Purchase of goods, which are being utilized in the manufacture of exempted goods. Goods imported from outside the territory of India.Inter state purchases. Purchase of goods used for personal use/ consumption or provided free of cheque us gifts. 13 (v) Deficiencies in the design of VAT that has been adopted by the States in India are as under : (1) Detailed records even by small traders : In order to ensure genuine availment of credit, VAT system requires maintenance of detailed accounting records even by all dealers. The small traders/firms find it difficult to do so since the accounting cost is higher than the benefit gained by them by marinating such records. Hence, they object to the VAT system. 2) Problems due to different VAT rates, exemptions, concessions and composition schemes : The advantages of VAT can be achieved only if there is single rate of VAT without any exemptions, concessions and/or composition schemes. The presence of different VAT rates, exemptions, concessions and/or composition schemes distorts the flow of audit trail introduced by VAT system and may result in cascading effect of taxation. (Note : Composition schemes provide for lumpsum payment of VAT at a lower rate on the total turnover, in full discharge of VAT liability, without any input tax credit. (3) Ma tching Requirements v. Different rates of VAT : Due to varying fiscal and social needs, there are varying VAT rates in India. The presence of different VAT rates requires matching of purchases and sales, which is not only difficult but impractical as well. However, if matching requirement is waived off, then, there will be scope for tax evasion by showing higher sales of goods bearing lower rate and lower sales of goods bearing higher rate. (4) Increase in investment and inflation : As compared to single-point taxation- at the time of last sale, VAT equires payment of tax at each stage of production/distribution. Since there may be time-gap in availment of credit on inputs and utilization of such credit against payment of VAT on sales, the dealers will have to carry tax paid stock, which would mean higher investment in stocks/working capital. This would increase interest cost and would increase the prices, thereby, causing inflation. However, this criticism is not fully correct. Ava ilability of credit/set-off of tax paid on inputs reduces cost of production and ultimately the sale price, thereby, putting a check over inflation.The price reduction is more than price increase due to interest cost. Thus, VAT is not inflationary in nature. (5) Non-integration of State VAT with Central VAT : Until the State VAT gets integrated with Central VAT and Central Sales Tax, the purchases from other states cannot be put at par with purchases from within the Stage because tax on inter-state purchases (i. e. CST) is not available as credit/set-off while tax on intra-state purchases (i. e. VAT) is available as credit/set-off. Thus, VAT system doesn't rule out cascading effect and the neutrality as to source of purchases remains confined to within the State. vi) Tax credit or invoice method has been adopted universally because; of the inherent advantages in the credit method of calculating tax liability which are (i) Government gets the tax on ultimate sale price to consumer i. e. the tax paid by the consumer gets into Government Exchequer. The Revenue is collected at various stages on the amount of value addition made at the respective stages. Thus, there is no revenue leakage. (ii) This method checks evasion of tax. In order to avail credit of tax paid on purchases, the dealer will have to maintain purchase invoices.If the purchase invoices are not maintained, no credit will be available and the dealer will have to pay tax on the total sales value, thereby, leading to higher sale price or lower profits. A dealer not maintaining purchase invoices will loose either way. Thus, the possibility of tax evasion is minimum. (iii) If the profit margin is kept at constant level, then the credit/set-off provided under this method would eliminate cascading effect of taxation and would result in reduction of ultimate sale price. Thus, the industry and the trade would benefit.