If my son decides to play football, I want him to be the kicker…at least that was what I thought until I watched the kicker from Baylor take a knock-you-off-your-feet hit that left him slumped over like a puppy dog. Football is rough. And, it is exciting. The Michigan State vs. Baylor Cotton Bowl game proves my point. If you didn't view it, let me re-cap briefly: Connor Cook, M.S.U. quarterback, started off throwing grounder after grounder to his receivers. Bryce Petty, Baylor quarterback, launched epic pass after pass to his receivers. The score was 24-14 at the half. It looked dismal for Michigan State–at best. Baylor was quite likely ready to run up the score for not being picked to play in the final four championship games; they were ready to prove themselves to the world, and especially prove themselves to the special committee for not picking them to play in the championship games.
What happened next is what I call nothing short of amazing leadership. In my mind, three things occurred that helped the Michigan State Spartans come back and win the game over Baylor 42-41. We can learn from these leaders.
1. Mark Dantonio is solid. This M.S.U. head coach is like a rock. Media personnel often tease him for not smiling and not showing any expression. I questioned this stone-faced approach myself. His players mess up, yet he shows no disappointment; no f-words launch from his mouth. I secretly wonder how he does it. I know as a dentist, and quite an expression-filled one I might add, I want to occasionally let a few words fly out of my mouth. Instead, I have to admit, my words stay inside, but my expressions sometimes give me away. I have had to work hard at not letting my non-verbals ruin the moment. Dantonio has this down. I cannot think of any quarterback that does not feel bad when he spirals a pass into the feet of his teammate. I cannot think of any player that feels no remorse when he or she trips and falls before a play is executed. It happens. How the coach–the leader–reacts is so crucial to how the rest of the game will turn out. Dentists are the coaches, like it or not. How we react to adversity influences the outcome. When we hang our heads with disapproval, our "players" take double blows to their egos; the first one is delivered to themselves, and the second one is delivered by our non-verbal communication. It took me a number of years before I became good at praising the positive and letting go of my team's mistakes. Today, I have a pretty good game face, like Mark Dantonio. I am more believable. I may be frustrated during a procedure because the wrong instrument was unavailable or dropped for the fifth time, but the error needs not be compounded in front of a patient. Further training is likely required, or even a change in the line-up may be warranted. This can and should be addressed in warm-ups and during practice–not on game day, not in front of our fans (our patients). I do direct and re-direct in front of patients because there are only so many opportunities to teach, but my comments remain as positive as possible. I am not claiming perfection; I am an affective teacher on most days, but not all days. I can appreciate the great work and restraint Mark Dantonio displays to his team. I know, firsthand, this type of leadership takes practice.
2. Defensive coordinator, Pat Narduzzi, did something different the second half: He came down from the upstairs coaching box and led from an on-the-field position. He made something happen. He told his players he believed in them with his actions. Despite getting hammered, he stood by them–literally–and believed in them. He worked to fire them up…and most importantly, his actions said, "I believe in you. I am right here with you–even through adversity. I am not done, and neither are you." As dentists, our team needs to know we are with them, even when things are not going well.
3. Connor Cook, despite throwing grass pass after grass pass, had teammates that believed in him. Cook looked disheveled and disheartened in the first half–clearly disappointed in his performance. But, his teammates did not give up on him. They knew his talent. They had seen his miracle passes in previous games. They held him up when he lost a bit of confidence in himself. And, Connor Cook did not give up completely either, despite a lackluster beginning. He could have folded up and been disgruntled at himself for the rest of the game. Instead, he chose to let go and believe in himself. Being able to believe in himself and recognize he had the team's support made all the difference in the game. The team believed in him, and, therefore, he did not have to work as hard to bring himself back up; the team lifted him up. In any group setting, team dynamics win or lose games. In our offices, the team must be able to believe in the dentist from a clinical standpoint and from a leadership standpoint. Additionally, the dentist must be able to believe in his or her team. Once this is established, both leader and follower can hold one another other up as needed, especially during adverse times.
I am certain the Michigan State Spartans would have lost the game had these three things not occurred in their Cotton Bowl come back performance. As a former college athlete and now leader in dentistry, I can attest to the power of belief.
We, as dentists, must be believable and we must believe in others.
To be believable–we have to walk the talk. To do this, first of all, we must have the skills to be believable. Connor Cook and Bryce Petty spend (and have spent) endless hours throwing passes and running plays. We, too, have spent endless hours perfecting our clinical dentistry, and we must keep up with these changes. But, what if that is all Cook and Petty did to lead their teams? What if they just learned to run certain plays and throw the ball? What if their coaches failed to teach them how to be good teammates and communicate with their linemen or running backs? What if they only taught them ten plays and never helped them learn to move out of the pocket or take a hit? Do you think they would stay challenged? Do you think their teams would function as well without coaching? No. Players get off track. They lose sight of why they are doing the work day in and day out. Coaches help teams remember–remember how good they are–remember the fundamentals of success–remember how to treat others.
Dentists are the coaches of our teams (and need coaches). We are the ones learning the new plays (our new procedures), and we are the ones motivating our teams through coaching and teaching. We have double duty. We are the players, and we are the coaches. Dentistry is rough. And, I feel like a slumped over puppy some days, too. I get knocked off my feet by rude patients, tough root tips, and under-performing co-workers. How I react makes all of the difference to my team. I am the leader. They watch me. They watch us. Consistent great leadership grows by dealing with adversity. Anyone can lead a team during the good times. Learning what to do during the bad times not only helps our players, it also helps us. This is energy draining, however, so we need our coaches, too.
During my early leadership days, I would become easily frustrated and drained with my dental assistants. If they made too many errors, I would stop talking and lose faith in them instantly. I stopped believing in them. I learned that my disbelief was a bit too premature. My coaching is what needed to change, not necessarily their learning speed. I wish someone would had taught me to be a better coach and leader sooner. Instead I had to strike out on my own. Luckily, I chose to work on this on my own–despite a profession that quickly emphasizes products and procedures. I recognized my leadership weaknesses, and I wanted to get better. Many professionals ignore the leadership side of dentistry. They simply keep learning new plays and procedures and ignore the leadership role desired by their teams. In my opinion, what we do is too important to ignore leadership excellence.
The Michigan State Spartans demonstrated how exceptional leadership brings winning outcomes. I chose to add dental consulting to my career because I enjoy teaching dentists to be better leaders and obtain more winning outcomes. It is a portion of dentistry often brushed aside in curriculums, but absolutely necessary in the real world. Without feedback and an outside perspective, we end up running the same plays, losing good team members or fans, and losing more games than necessary. We sweat more than necessary and lose more sleep than necessary. Learning to be a good coach often occurs after being with a good coach. I know I benefitted from many great mentors in my life, and I learned from those coaches. If you are looking for leadership strategies for 2015, I hope you will consider hiring a coach. I hope you will consider hiring me as your coach and dental consultant. I help dentists be believable leaders.
I take my hat off to the Michigan State Spartans football team for being believable–for believing in themselves and in each other. Great leadership, gentlemen!
Contact Dr. Knowles at IntentionalDental@gmail.com. Her website is IntentionaDental.com. Dr. Knowles offers dental consulting as well as speaking engagements. Contact her to speak at your next dental meeting.


The Cancer Prevention and Research Institute of Texas has a new chief scientific officer: James Willson.
Willson comes from the University of Texas Southwestern Medical Center and had also spent a decade as the director of the Case Comprehensive Cancer Center in Cleveland. I spoke with him this week as he prepares to move to Austin to assume the state agency post by March 1.
Willson succeeds Margaret Kripke, who became the agency's top scientist in 2012 and announced her retirement last year.


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Auctions September 9, 2010 January 11, 2021
1956 Mercedes-Benz 300 SL Gullwing expected to fetch half a million at an auction
by Namrata Dixit
All you car collectors eagerly awaiting the next big auto auction, here is some news that you can definitely use. Come November 7 and Artcurial will host its Automobiles Sur Les Champs Elysées auction. An auction you can't miss, it promises to feature over 50 lots of automobiles and automobilia. The highlight of this sale is sure to be the 1956 Mercedes-Benz 300 SL Gullwing. One of the most sought after collector's cars in the world. Besides the signature upward swinging doors, this collector's favorite car boasts a lightweight chassis, an innovative fuel injection, and can achieve up to 150mph. This exquisite beauty from Mercedes-Benz has a pre-sale estimate of €350,000-400,000 ($443,775- $507.300).
READ: Marilyn Monroe chest X-rays fetch $45,000 at auction
A treat both to look at and drive, and it is sure to fetch bids way over its pre-sale estimate.
[PaulFraserCollectibles]
2014 Mercedes-Benz E-Class Sedan and Wagon unveiled
1969 Mercedes-Benz owned by Elvis Presley expected to fetch $310,000
Mercedes unveils two new special editions of luxury cars
Puma collaborates with Mercedes-Benz for an exclusive Ladies collection
A 700HP Brabus G63 AMG is the latest to join Dubai Police's fleet of luxury cars
Mercedes-Benz will begin testing self-driving taxies in California next year
Mercedes G63 AMG 6×6 will soon roll out as a limited edition civilian vehicle
Mercedes Benz C63 AMG special edition dresses in white and red for Japan
Mercedes Benz CLA and CLA45 AMG goes official
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Damien Hirst installs a 12 ft. sculpture in the middle of a frozen lake in St Moritz, Switzerland
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redpajama_set_name: RedPajamaCommonCrawl


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« Did a million years of rain jump-start dinosaur evolution? #dinosaurs | Main | Early meat-eating dinosaur revealed via spectacular fossil #dinosaurs »
New Cretaceous-Period Mammal Unveiled
Life reconstruction of Origolestes lii. Image credit: Chuang Zhao.
Sci-News has a story about a new mammal that lived along side the dinosaurs during the Mesozoic Era. The animal, named Origolestes lii, is part of the famous Jehol Biota, which dates to the Cretaceous Period 133 to 120 million years ago. This biota was a terrestrial and freshwater ecosystem found across the Chinese provinces of Liaoning, Hebei, and Inner Mongolia. Origolestes is important as it shed lights on the final step in the evolution of the mammalian middle ear. Detail can be found in a paper published in the journal Science.
"While modern mammals owe their keen sense of hearing to the three tiny bones that form the complex architecture of the middle ear, these tiny ossicles were once instead part of the jaw, which served a dual function for both chewing and hearing in our earliest ancestors," said Dr. Fangyuan Mao, a researcher in the Institute of Vertebrate Paleontology and Paleoanthropology, Chinese Academy of Sciences, the CAS Center for Excellence in Life and Paleoenvironment, and the American Museum of Natural History, and her colleagues.
"The evolutionary event in which jaw bones were co-opted to form the tri-ossicular hearing apparatus of mammals is widely recognized. However, fossilized examples demonstrating the intermittent steps are elusive."
"The detached auditory bones of the newly-discovered Cretaceous mammal represent an important final step in the evolution of the definitive mammalian middle ear."
The ancient mammal belongs to Symmetrodonta, a group of Mesozoic mammals and mammal-like synapsids.


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Description - This consists of the roots of Nardostachys jatamansi DC, of the family Valerianaceae..
Use - The drug is bitter, aromatic, tonic, stimulant, antispasmodic and antibacterial. It is employed in the treatment of epilepsy, hysteria and convulsive affections. It is also used in palpitation of heart, and intestinal colic.


The hills did tremble "And the mountains trembled" - Probably referring to the great earthquakes in the days of Uzziah king of Judah, in or not long before the time of the prophet himself, recorded as a remarkable era in the title of the prophecies of Amos., Amos 1:1, and by Zechariah, Zechariah 14:5.
Therefore is the anger of the Lord kindled - The Lord is "enraged," or is angry. Similar expressions often occur; Numbers 11:33; 2 Kings 23:26; Deuteronomy 11:17; Psalm 56:1-13:40; Job 19:11; Psalm 2:12. The "cause" of his anger was the crimes which are specified in this chapter.
And he hath stretched forth his hand - To stretch forth the hand may be an action expressive of protection, invitation, or punishment. Here it is the latter; compare Isaiah 14:27.
And hath smitten them - Punished them. To what this refers particularly is not clear. Gesenius supposes that the expressions which follow are descriptive of pestilence. Lowth and Rosenmuller suppose that they refer to the earthquakes which occurred in the days of Uzziah, and in the time of the prophets; Amos 1:1; Zechariah 14:5. The words, perhaps, will bear either construction.
And the hills did tremble - This expression is one that is often used in the Scriptures to denote the presence and anger of God. It is well adapted to describe an earthquake; but it is also often used poetically, to describe the presence and the majesty of the Most High; compare Psalm 144:5; Job 9:6; Job 26:11; Psalm 114:7; Jeremiah 4:24; Habakkuk 3:10; Psalm 18:7; Psalm 97:5; Psalm 104:32. The image is one that is very sublime. The earth, as if conscious of the presence of God, is represented as alarmed, and trembling. Whether it refers here to the earthquake, or to some other mode of punishment, cannot be determined. The fact, however, that such an earthquake had occurred in the time of Isaiah, would seem to fix the expression to that. Isaiah, from that, took occasion also to denounce future judgments. This was but the beginning of woes.
And their carcasses were torn - The margin here is the more correct translation. The passage means that their dead bodies were strewed, unburied, like filth, through the streets. This expression would more naturally denote a pestilence. But it may be descriptive of an earthquake, or of any calamity.
For all this - Notwithstanding all this calamity, his judgments are not at an end. He will punish the nation more severely still. In what way he would do it, the prophet proceeds in the remainder of the chapter to specify; compare Isaiah 9:12; Isaiah 10:4.
Let not any expect to live easily who live wickedly. Sin weakens the strength, the root of a people; it defaces the beauty, the blossoms of a people. When God's word is despised, and his law cast away, what can men expect but that God should utterly abandon them? When God comes forth in wrath, the hills tremble, fear seizes even great men. When God designs the ruin of a provoking people, he can find instruments to be employed in it, as he sent for the Chaldeans, and afterwards the Romans, to destroy the Jews. Those who would not hear the voice of God speaking by his prophets, shall hear the voice of their enemies roaring against them. Let the distressed look which way they will, all appears dismal. If God frowns upon us, how can any creature smile? Let us diligently seek the well-grounded assurance, that when all earthly helps and comforts shall fail, God himself will be the strength of our hearts, and our portion for ever.
25. The anger of the Lord. See on Judges 2:20; 2 Kings 13:3; 17:11. It is a fearful thing to stir up the anger of the Lord. The Lord God is "merciful and gracious, long-suffering, and abundant in goodness and truth" (Ex. 34:6). He ardently loves the sinner, but utterly abhors sin. He will not clear the guilty; in fact, He cannot do so and be consistent with His own character—unless and until the guilty person repents of his evil ways. When iniquity reaches a point beyond which there is no hope, divine forbearance ceases and the ministry of wrath begins (5T 208; 9T 13). At the time of Isaiah's message the iniquity of Israel had almost reached such a pass.
The hills did tremble. Probably a reference to some terrible earthquake that must have wrought great destruction and was regarded as a judgment from Heaven. Such an earthquake apparently took place at some time during the reign of Uzziah, possibly during the latter part of his reign, a few years before his death. This may have been the earthquake not long before which the prophet Amos received his call (Amos 1:1). The memory of this earthquake was still vivid in the minds of the people when Isaiah delivered this message.
Torn. Literally, "as offal," or "as refuse" (RSV). At the time the earthquake struck many fled into the streets, where they were killed and their bodies scattered about.
His hand is stretched out. That is, in judgment (see chs. 9:12, 17, 21; 10:4). For the turning back of God's anger, see Ps. 85:4; Isa. 12:1; Hosea 14:4, and for His hand being stretched out to smite and destroy, see Ex. 3:20; 9:15; 2 Sam. 24:16; Isa. 14:27.


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Tag Archives: nature vs. nurture
Posted on February 27, 2019 by shrinkrapped
I was sure that the documentary "Three Identical Strangers" would be nominated for an Oscar, but it wasn't. Now that Oscar week and the month of February are slipping away, here are my thoughts about the film. Warning: Spoilers Abound. This piece was originally published in NCSPP's "Impulse.
Twin studies, particularly those of babies separated at birth, have long provided important information about genetic and environmental influences. But how is such research conducted? How do infants come to be separated in the first place? What is the long-term impact?
The riveting documentary Three Identical Strangers puts these questions front and center as it explores the accidental discovery of one another at age 19 by Bobby, Eddy, and David: three identical triplets separated at birth in 1961 and adopted into different families who had no knowledge of their new baby's multiplicity. Or of the duplicity of the adoption agency and researchers at Yale's Child Development Center under the direction of pscychoanalyst Peter Neubauer.
We feel the triplets' experience: the initial joy of their reunion, the shadow of early attachment wounds, the longing for union, and the reality of difference. The film also focuses on the arrogance of powerful people and institutions who withhold vital information without regard for the impact on unwittingly conscripted research subjects.
Neubauer and the adoption agency are depicted as sinister. But are they uniquely so, or was it then typical for adoption agencies to withhold information about birth families? Were identical siblings separated for nefarious research purposes, or because it was easier to place one baby in a family? The not-quite-explicit attribution of unique villainy too easily glides over conventions of the time, including lack of human subject protocols. It also lets us off the hook from examining our own and ongoing misguidedness and unconscious bias.
After skillfully handling many complexities, the film disappointingly takes a sharp turn into more simplistic supposition.
By then we've gradually learned that the boys all showed early signs of separation anxiety and psychological troubles. Eddy was diagnosed as manic-depressive and took his own life in 1995. As Bobby cogently asks, "Why him and why not me?"
It's a good question, and one that lends itself to a deeper exploration of what facilitates the expression or suppression of a genetic vulnerability, the high heritability of bipolar disorder, and the high risk of suicide such a diagnosis signifies. Instead, we're provided a definitive answer:
"It's all about nurture," declares a family friend.
David's aunt, who at least acknowledges that nature plays a role, also concludes that "nurture can overcome nearly everything." She does so after describing Eddy's father as a strict disciplinarian and a traditional, quiet man who didn't discuss problems. Because Eddy never talked about their relationship, she decides that it couldn't have been good. Maybe. It's worth noting, however, that there's a very large pool of fathers and sons, especially from back then, who could be described this way.
We would be as foolish to dismiss the impact of parenting as that of biology. Still, it's jarring when a film whose strength is complexity overlooks its own evidence about biology's role to conclude with parent-blaming.
I began my training as a therapist at a time when "refrigerator mothers" and schizophrenogenic mothers–blamed for their offsprings' autism or schizophrenia–were still very much in the literature. Thankfully, those views were challenged, and we have developed greater respect for the intertwining influences of nature AND nurture. Yet the residue persists. We must remain vigilant about examining our own unconscious inheritances and assumptions.
Posted in Psychological	| Tagged Three Identical Strangers, nature vs. nurture	| 2 Replies


Join me at Crescent Moon for two sets of music from my project, Method of Escape, over great coffee and beverages. If I were to flatter myself I'd describe the music as a dichotomy between brooding and hopeful, New Order vs. Nine Inch Nails. Please come out to prep for Valentine's Day with some easy listening and fun.


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1200) Land of the Free (a)
In Galatians 5:1 the Apostle Paul says, "It is for freedom that Christ has set us free. Stand firm then, and do not let yourselves be burdened again by a yoke of slavery." Paul got this idea from Jesus, who said, "You shall know the truth and the truth shall make you free; and if the Son sets you free, you shall be free indeed" (John 8:36). And the freedom Jesus was talking about was already a big part of God's activity in the Old Testament in which the central, defining event was when the Hebrews were freed from the years of slavery in Egypt. Freedom is a big theme in the Bible.
Freedom is also a big theme in the United States of America. On July 4, 1776 the Declaration of Independence was signed, declaring our freedom and independence from British rule, and, the intent to build our own government, one based on freedom for all.
The spiritual freedom described in the Bible, and the political freedom we try to maintain as a nation, are not the same thing. But they are not totally unrelated.
In Galatians 5:1 Paul warned that freedom may be lost. Stand firm, he said, and do not let yourselves be burdened again by a yoke of slavery. Spiritual freedom can be lost, is what Paul implied by giving that warning. The political freedom that we have come to take for granted can also be lost. In a 2012 speech Christian scholar Os Guinness asked, Can Freedom Last Forever? He was referring to political freedom, and his warning was that yes, indeed, that freedom can be lost. But the most interesting part of what he says is that political freedom is best maintained by allowing religious freedom.
In fact, Guinness said that the main thing to remember about politics is that politics is not the main thing. Religion, he said, is the main thing. Politics is necessary and useful for our brief time on earth, but religion– our faith in God– is necessary for all eternity. Religion is also necessary for our political freedom and life together as a nation.
Guinness then described political freedom. There are three parts, he said, to a nation's freedom. First of all, there is the winning of that freedom. That fight to win that freedom began in 1776 with the Declaration of Independence and lasted until George Washington defeated General Cornwallis at Yorktown in 1781. It was an extremely difficult five years for the colonists, but in the end, the Revolutionary war was won, and freedom was achieved, and the United States of America was born.
The next part of freedom was to prove even more difficult. The second part is the ordering of that freedom; the formation and establishment of a government in which people could live and work together with freedom for all. After the war, the thirteen colonies were free from Britain, but now those thirteen independent colonies had to find a way to maintain their freedom while at the same time work together. The ordering of freedom was accomplished in the writing and ratifying of the United States Constitution, that document which orders our free life together. That was another long and difficult process, taking more time to complete than it took to win the war. But it was completed in 1787, ratified over the next two years, and life as a nation under the new president George Washington began in 1789.
The third part to freedom in a nation, and by far the most difficult, is the sustaining of that freedom. First, freedom had to be won for the colonies; then the new nation had to order itself; and then, if done well, that ordering would sustain that freedom for many years to come. In 1789 the French won their freedom from an oppressive government, and in 1917 the Russians overthrew their corrupt government. But in both cases, the quest for freedom failed and chaos resulted, because the freedom was not properly ordered or sustained. After 240 years we Americans are still free, but it remains a challenge to sustain that freedom amidst the many challenges and threats from within and without.
The Founding Fathers knew their history, and they knew that one of the basic lessons of history is that nothing ever lasts. Nations, empires, kingdoms, and governments all come and go. But the founding fathers set as their goal to defy history, and to do something that had never been done before. They wanted to create something that would last.
The new nation had one big advantage and one great danger. The great advantage was they were relatively free of enemies. They had just defeated Great Britain, the most powerful nation on earth. They were able to do so because a great ocean separated them from Britain, and for the time being, that same ocean would keep all other threatening nations at a safe distance. The United States was able to develop as a nation without threatening enemies.
But the Founding Fathers knew that not only did nations fail because of outside enemies, but the even greater danger was that successful nations would be corrupted and rot from within. This, after all, had been the fate of the Roman Empire, the greatest empire the world had ever known. The hard-working, loyal, noble, and just Romans who had built that great empire, deteriorated into spoiled, greedy, immoral pleasure-seekers, who lived only to be entertained, caring not at all for character, courage, justice, or loyalty. If the United States of America was to remain a free nation, it would depend a great deal on the goodness and virtue of the people who were being given such freedom.
This is where Os Guinness's discussion turns to religion, and this is the most important part. (continued…)
John 8:36 — (Jesus said), "If the Son sets you free, you will be free indeed."
Galatians 5:1 — It is for freedom that Christ has set us free. Stand firm, then, and do not let yourselves be burdened again by a yoke of slavery.
II Corinthians 3:17 — Now the Lord is the Spirit, and where the Spirit of the Lord is, there is freedom.
Almighty God, we give you thanks for giving us a land in which we are free to read and hear your Word, to confess your name, and to labor together for the extension of your kingdom. We pray that you grant that the liberty given unto us may be continued to our children and our children's children, and that the Gospel may here abound, to the blessing of all nations of the earth, and to your eternal glory; through your Son, Jesus Christ our Lord. Amen.
–Adapted from an old Lutheran hymnal
Tags: government
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1085) Visits From Jesus (part one of two)
976) Tookie, Mickey, Santa, and Jesus (1/2)
774) Memorial Day Meditation


The assessee had filed various replies to the ld. PCIT in response to notice u/s of the Act 263 of the Act stating that all the issues raised by the PCIT have been examined by the AO during the course of assessment. The PCIT has ignored the replies of the assessee. He merely states that the reply has been filed by the assessee but he nowhere discusses the contentions raised by the assessee and why he does not agree with the contentions of the assessee. The ld. PCIT has merely remitted the matter back to the AO without making any enquiry himself. The ld. PCIT has mentioned that the opening stock has not been verified by the AO, whereas the total opening stock was pledged with the bank. The ld. PCIT has not considered the contentions of the assessee. Similarly, the other replies of the assessee filed during the course of assessment and in response to notice u/s 263 of the Act have been totally ignored. No inquiry has been made by the PCIT. It was incumbent for the PCIT to make some minimum independent inquiry to reach to the conclusion that the order of the AO is erroneous and prejudicial to the interest of revenue. The reliance is rightly placed on the decisions of Delhi High Court in PCIT v. Delhi Airport Metro Express Pvt. Ltd. (supra) and Income Tax Officer v. DG Housing Projects Limited (supra).
The ld. PCIT has not referred to Explanation 2 of section 263 which has been inserted with effect from 01.06.2015 however we agree with the finding of the coordinate bench in the case of Narayan Tatu Rane (supra), wherein it has been held that Explanation cannot said to have overridden the law as interpreted by the various High Courts, where the High Courts have held that before reaching a conclusion that the order of the AO is erroneous and prejudicial to the interest of revenue, the Commissioner himself has to undertake some inquiry to establish that the assessment order is erroneous and prejudicial to the interest of revenue. In the case of Narayan Rane a doubt is also expressed regarding the applicability of Explanation 2, which was inserted by Finance Act 2015 w.e.f. 01.06.2015, the bench also observed that if the Explanation is interpreted to have overridden the law as laid down by various High Courts, then the same would empower the Pr. CIT to find fault with each and every assessment order and also to force the AO to conduct inquiries in the manner preferred by the Pr. CIT, thus prejudicing the mind of the AO, however, the intention of the legislature behind the explanation could not have been so as the same would lead to unending litigation and no finality in the legal proceedings. Accordingly, in view of our detailed discussion, we allow the grounds of appeal raised by the assessee.
This appeal filed by the assessee is directed against the order dated 17.02.2017 passed by the CIT(A)- Central, Gurgaon, for the A.Y. 2014- 15 u/s 263 of the Income Tax Act, 1961 (hereinafter, referred to as 'the Act' for short).
2. The assessee is in the business of trading of rice. During the year under consideration, i.e. A.Y. 2014-15, the assessee filed return of income on 25.11.2014 declaring income of Rs. 32,21,460/-. The case was selected for scrutiny under CASS and a notice u/s 143(2) dated 09.2015 was issued. Thereafter notice u/s 142(1) along with questionnaire was issued on 05.04.2016. The appellant appeared on various dates and filed the required details from time to time. Assessment order dated 29.06.2016 was passed u/s 143(3) accepting the returned income of Rs. 32,21,460/-. The books of account and vouchers were produced and examined by the Assessing officer.
iv. Genuineness of go down rent not examined.
4. In response to the show cause notice, the assessee submitted that the assessment order is not erroneous and prejudicial to the interest of revenue and also the assessment has been made after making inquiries or verification on all the facts as have been alleged in the show cause The assessee filed detailed response to the show cause notice issued u/s 263 of the Act.
5. As regards the trading results and sales/purchases, the assessee contended that explanation for the fall in gross profit and net profit and complete quantitative detail along with value of opening stocks, purchases and sales made during the year and closing stocks at the end of year both in quantity and value were furnished during the assessment proceedings and all the sales and purchases are fully vouched and supported by invoices and all the payments are through account payee cheques. Valuation of stocks fully supported with documentary evidences and day to day stock records were filed before by the assessee before the PCIT and it was submitted that these were produced before AO.
6. As regards the genuineness of opening stock, the assessee submitted that the stocks in question were under financed from bank and were under pledge with the banks. In support of the same, the assessee filed confirmation certificates regarding funds availed against the pledged Regarding the alleged discrepancy in sales made during the year, the assessee submitted that sales were made only during the period when rates were favorable. The assessee submitted complete party wise detail of purchases and sales made during the year under consideration with confirmed copy of account of the parties giving detail of each and every invoice. The assessee submitted that these documents were also furnished before the AO.
"1. The notice issued under section 263 by the Principal Commissioner of Income Tax (Central) (hereinafter referred to as "Pr CIT") and the order passed under section 263 are illegal, bad in law and without jurisdiction.
2. That having regard to the facts and circumstances of the case, Pr. CIT has erred in law and on facts in assuming jurisdiction in passing the order u/s 263, more so when the assessment order passed under section 143(3) is neither erroneous nor prejudicial to the interest of Revenue.
3. That having regard to the facts and circumstances of the case, Pr. CIT has erred in setting aside the assessment order passed under section 143(3) of the Act by the Assessing Officer on the ground that 'no detailed investigations' have been carried out by the Assessing Officer.
4. That PCIT has erred on fact and in law in not appreciating that the reply in specific reference to fall in Gross Profit and Net Profit as compared to earlier years, was inquired during the assessment proceeding and also confirmed by PCIT while issuing show cause notice U/s 263 of the Act.
5. That the PCIT has failed to consider that the assessment as framed by the Assessing Officer was after due application of mind and after considering the detailed replies on various dates as filed before him during the course of assessment proceedings.
6. That the PCIT has failed to appreciate that details of expenses were filed as required by the AO and the assessment order has been passed after due application of mind.
7. That having regard to the facts and circumstances of the case, Pr. CIT has erred in invoking the provision of Section 263 in reference to dis allowance u/s 14A of the Act without appreciating that Assessee did not earn any exempt income during the relevant AY, hence no dis allowance was warranted u/s 14A of the Act.
8. That the assessment order passed after detailed inquiries does not become erroneous merely because CIT feels that further inquiries should have been made. Hence the notice issued U/s 263 and the order passed u/s 263 is illegal, bad in law and without jurisdiction.
9. That without prejudice, the PCIT has wrongly and illegally held that the order passed by AO is erroneous and prejudicial to the interest when no independent inquiry has been made by Hence the notice issued U/s 263 and the order passed u/s 263 is illegal and bad in law.
10. The without prejudice, the PCIT has exceeded his jurisdiction in setting aside the assessment order and directing the AO to make de novo assessment when his notice and the order passed is limited to certain issues only. Hence the order passed u/s 263 is illegal and bad in law.
11. That the evidence filed and materials available on record have not been properly construed and judiciously interpreted, hence the addition/ dis allowance made is uncalled for.
8. The ld. counsel for the assessee submitted that the order passed by the ld. PCIT is not valid and not maintainable in law as the same has been passed without considering the submissions of the assessee filed in response to the show cause notice u/s 263. It is submitted that the order passed is in violation of principle of natural justice because the objections to proceedings u/s 263 of the Act and the submissions made in response to notice u/s 263 of the Act have not been considered at all by the PCIT. It is submitted that the purpose of a show cause notice is to enable the person, against whom action is sought to be taken, to defend his case and the same rests on the principles of natural justice. Serving a show cause notice is not an empty formality and therefore, the principles of natural justice are not met by merely issuing a show cause notice. The PCIT has to apply his mind to the submissions made by the assessee in response thereof and has to dispose off the objections raised by the assessee before arriving at a finding that the order is erroneous and prejudicial to the interest of the justice. Therefore, the PCIT has himself erred by not adhering to the principles of natural justice and it is trite law that any order passed in violation of principles of natural justice is invalid and liable to be quashed.
9. The appellant had filed replies before the ld. PCIT dated 03.02.2017 along with supporting documents, which are placed at Page 71 to Page 420 of the paper book, in response to the show cause notice dated 21.10.2016 issued by ld. PCIT u/s 263. However, a perusal of the impugned order u/s 263 of the Act shows that the PCIT has nowhere considered the submissions of the assessee made in response to the show cause notice u/s 263. This itself makes the order passed u/s 263 of the Act as illegal and bad in law. Opportunity of being heard is little more than serving a notice on assessee. It is not an empty formality. The PCIT has nowhere in its order u/s 263 of the Act recorded the explanations given by the assessee in response to the 263 of the Act show cause notice. PCIT has not even looked at the replies filed by the Appellant in response to notice u/s 263 of the Act and has passed the order U/ 263 of the Act. Therefore, the order of the ld. PCIT is patently illegal, bad in law and the same is liable to be quashed.
10. It is further argued that the order is passed after making inquiries or verification which should have been made. The AO, exercising its quasi-judicial power, had issued a detailed questionnaire u/s 142(1) of the Act which was duly answered by way various details, explanations and letters. Complete books of account, details of sales/purchases, supported with documentary evidences were produced and examined by the AO during the assessment proceedings. The appellant had appeared before the AO and filed replies, however, the ld. PCIT has completely ignored the detailed inquiry conducted by the AO and has, therefore, erred in exercising jurisdiction u/s 263 of the Act in respect of the issues which were already examined by the AO.
11. Relying on the decision of Apex Court in the case of Malabar Industrial Co. Ltd. V. CIT [(2000) 243 ITR 83], it is submitted that the power of CIT u/s 263 can only be exercised by the PCIT when the twin conditions of the order being erroneous as well as prejudicial to the interest of revenue, are satisfied and the same cannot be exercised to substitute its own finding in place of the AO and therefore, the PCIT cannot re-examine the issues already inquired into by the AO. Reliance is also placed on the Bombay High Court's decision in the case of CIT v. Gabriel India Ltd. [(1993) 203 ITR 108]. The power u/s 263 is to be exercised in the case of "no inquiry" and not in the case of "inadequate inquiry" or "lack of inquiry" whereas the case of the assessee is not even a case of lack of inquiry.
12. It is submitted that under the jurisdiction u/s 263 of the Act, the ld. PCIT has initiated revision proceedings in order to carry out fishing and roving inquiries in the matters which are already concluded by the AO and therefore the exercise of jurisdiction u/s 263 of the Act is bad in law. The ld. PCIT has erred in exercising jurisdiction u/s 263 of the Act when the issues raised therein were already inquired into by the AO during the assessment proceedings. The AO had passed the assessment order only after conducting detailed inquiry on various issues including trading results, allow ability of expense and dis allowance u/s 14A of the Act. The assessment order is passed after due application of mind, therefore the impugned notice and order u/s 263 of the Act alleging that proper and adequate inquiry was not made, rendering the Assessment Order erroneous and prejudicial to the interest of revenue, is arbitrary based on conjecture and surmises. The ld. PCIT has not given any finding as to how and in what manner the order of the AO on the various issues noted in its order u/s 263 of the Act was erroneous and prejudicial to the interest of the Revenue. The ld. PCIT has not made any inquiry on his own but simply directed the AO to make further verification and examination therefore, the order of the ld. CIT u/s 263 of the Act deserves to be set aside. Recently, the Delhi High Court in the case of PCIT v. Delhi Airport Metro Express Pvt. Ltd. [ITA No. 705/2017] has categorically held that for the purpose of exercising jurisdiction u/s 263 and reaching a conclusion that the order is erroneous and prejudicial to the interest of revenue, the ld. PCIT has to undertake some minimal inquiry and in fact where the ld. PCIT is of the view that AO had not undertaken any inquiry, it becomes incumbent on the PCIT to conduct such inquiry. Further in PCIT v. Modicare Limited [ITA No. 759/2017] Delhi High Court has followed its decision in Income Tax Officer v. DG Housing Projects Limited [343 ITR 329], DIT v. Jyoti Foundation [357 ITR 388] and PCIT v. Delhi Airport Metro Express Pvt. Ltd. (supra) to hold that the exercise of jurisdiction u/s 263 of the Act cannot be outsourced by the CIT to the AO and therefore, the CIT cannot direct the AO to provide details of the facts on the basis of which the proceedings u/s 263 could have been initiated.
13. In the instant case, the ld. PCIT, unmindful of the inquiries conducted by the AO during the assessment proceedings and submissions made by the assessee in response to notice u/s 263, has merely observed that the assessment order was passed without making proper inquiries and it is a matter of record that PCIT has himself not undertaken any inquiry to reach a conclusion that the order is erroneous and prejudicial to the interest of revenue. Therefore, in the absence of any justification for exercise of jurisdiction u/s 263, the order of PCIT passed u/s 263 is liable to be set aside. There is difference between 'Lack of inquiry' and 'inadequate inquiry'. It is for the AO to decide the extent of inquiry to be made as it is his satisfaction as what is required under law. Reliance is placed on the decision of CIT v. Sunbeam Auto Ltd. [(2010) 332 ITR 167], wherein Hon'ble Delhi High Court has held that if there was any inquiry, even inadequate, that would not by itself, give occasion to the Commissioner to pass order u/s 263 of the Act, merely because the Commissioner has a different opinion in the matter and that only in cases where there is no inquiry, the power u/s 263 can be exercised. The ld. PCIT cannot pass the order u/s 263 of the Act on the ground that further/ thorough inquiry should have been made by AO.
14. It is submitted that even though there has been an amendment in the provisions of section 263 of the Act by which Explanation 2 is inserted, w.e.f. 01.06.2015 but the same does not give unfettered powers to the Commissioner to assume jurisdiction u/s 263 to revise every order of the AO to re-examine the issues already examined during the course of assessment proceedings. The Hon'ble Mumbai ITAT has dealt with Explanation 2 as inserted by the Finance Act, 2015 in the case of Narayan Tatu Rane v. Income Tax Officer [(2016) 70 taxmann.com227] to hold that the said Explanation cannot be said to have overridden the law as interpreted by the Hon'ble Delhi High Court, according to which the Commissioner has to conduct an inquiry and verification to establish and show that the assessment order is unsustainable in law. The Tribunal has further held that the intention of the legislature could not have been to enable the PCIT to find fault with each and every assessment order, without conducting any inquiry or verification in order to establish that the assessment order is not sustainable in law, since such an interpretation will lead to unending litigation and there would not be any point of finality in the legal proceedings. The opinion of the Commissioner referred to in section 263 has to be understood as legal and judicious opinion and not arbitrary opinion.
It is submitted that during the course of assessment proceedings, specific query w.r.t. sales and purchases/trading results was made vide questionnaire dated 05.04.2016 issued u/s 142(1) [relevant question being 11, 20, 22, 25] and the assessee had furnished categorical reply to the same along with all the required details of purchase/sales. Confirmed copies of accounts with PAN numbers from whom sales and purchases were made, were filed before the AO. The said details are part of the assessment record and it was only after examining the said details, the AO had passed the assessment order.
ii. Fall in G.P. and N.P.
The PCIT has assailed the assessment order on the ground that there is fall in G.P. as well as N.P. It is submitted that the AO vide questionnaire u/s 142(1) had examined the said issue by a specific query [relevant question being 16] and the assessee had furnished its reply thereto wherein he categorically submitted that the decline is on account of recession in export price of rice/global market.
In the notice issued u/s 263, the PCIT stated that the AO has not examined dis allowance u/s 14A. It is submitted that during the course of assessment proceedings, the assessee had stated it not received any dividend/exempt income during the relevant previous year. The Hon'ble jurisdictional Punjab & Haryana High Court in the case of CIT v. Winsome Textile Industries Ltd. [(2009) 319 ITR 204] has held that u/s 14A can be made when no exempt income has been earned by the assessee during the relevant previous year. Hence there has been no error committed by the AO by not making any dis allowance u/s 14A.
Also, during the course of assessment proceedings, the assessee had vide its order dated 29.06.2016 categorically submitted that there is no claim of any exempt income u/s 14A, hence there are no interest expense relating to exempt income. This clearly shows that the AO had conducted an inquiry regarding the issue of dis allowance u/s 14A and the same was duly replied by the assessee. Therefore, it is not a case of 'no inquiry' where the PCIT can exercise its jurisdiction u/s 263, hence the order u/s 263 is illegal, bad in law and without jurisdiction.
16. On the other hand, the ld. DR strongly relied upon the order of PCIT and submitted that the ld. PCIT has rightly exercised the jurisdiction u/s 263 of the Act setting aside the assessment order. The Ld. DR submitted that even though the PCIT in its order u/s 263 has not expressly noted the submissions of the assessee made in response to the show cause notice u/s 263, yet it cannot be said that the submissions of the assessee were not considered by the PCIT. The Ld. DR contended that the order u/s 263 has been passed after duly considering the submissions made by the PCIT in this behalf.
17. The Ld. DR heavily placed reliance on the Explanation 2 to section 263. She argued that the ld. PCIT has passed the order u/s 263 by invoking Explanation 2 to section 263, even though the same is not expressly written in the order. The DR also stated that issue of dis allowance u/s 14A of the Act has also not been examined by the AO and no dis allowance was made by him. During rebuttal the counsel for the appellant argued that admittedly the ld. PCIT, while passing the impugned order u/s 263, has not invoked Explanation 2 to section 263 and therefore, the Ld. DR cannot take support of the same to justify the exercise of jurisdiction by the PCIT u/s 263. It is submitted that in an appeal against the order u/s 263, the ITAT cannot uphold the impugned order u/s 263 of the Act on the grounds other than those taken by the Commissioner in his order and therefore, the argument of the ld. DR that Explanation 2 has been invoked by the ld PCIT is not tenable as the same is nowhere noted to have been invoked by the ld. PCIT in its order. Reliance is placed on the decision of the jurisdictional Punjab & Haryana High Court in the case of CIT v. Jagadhari Electric Supply & Industrial Co. [ 140 ITR 490] wherein the High Court while dealing with a similar situation. He also submitted that a specific query was raised by the AO in respect of dis allowance U/s 14A and a reply dated 29.06.2016 was filed stating that the provision is not applicable as there is no exempt income and the view taken by AO is a possible view. Further reliance is also placed on the Hon'ble Mumbai ITAT decision in the case of Narayan Rane Tattu (supra).
18. We have considered the arguments from both sides and perused the documents available on record. We are of the view that the AO had issued a detailed questionnaire raising various queries. The appellant had appeared from time to time and filed the detailed replies to all the queries raised. Books of account were produced along with the supporting vouchers which were examined by the AO. The confirmed copies of account with PAN numbers of the parties to whom sales and purchases were made, were filed before the AO. The explanation regarding fall in GP rate was duly given. A specific query was raised in respect of dis allowance during the course of assessment proceeding to which reply was filed by the assessee that there is no exempt income and provisions of section 14A of the Act will not be applicable. The details of traveling expense and go down rent expense were duly filed before the AO. Hence it cannot be said that this is a case of no inquiry made by the AO. Merely because the ld. PCIT feels that further inquiry should have been made does not make the order of the AO erroneous.
20. The ld. PCIT has not referred to Explanation 2 of section 263 which has been inserted with effect from 01.06.2015 however we agree with the finding of the coordinate bench in the case of Narayan Tatu Rane (supra), wherein it has been held that Explanation cannot said to have overridden the law as interpreted by the various High Courts, where the High Courts have held that before reaching a conclusion that the order of the AO is erroneous and prejudicial to the interest of revenue, the Commissioner himself has to undertake some inquiry to establish that the assessment order is erroneous and prejudicial to the interest of revenue. In the case of Narayan Rane a doubt is also expressed regarding the applicability of Explanation 2, which was inserted by Finance Act 2015 w.e.f. 01.06.2015, the bench also observed that if the Explanation is interpreted to have overridden the law as laid down by various High Courts, then the same would empower the Pr. CIT to find fault with each and every assessment order and also to force the AO to conduct inquiries in the manner preferred by the Pr. CIT, thus prejudicing the mind of the AO, however, the intention of the legislature behind the explanation could not have been so as the same would lead to unending litigation and no finality in the legal proceedings. Accordingly, in view of our detailed discussion, we allow the grounds of appeal raised by the assessee.
21. Since the appeal has been decided herein above, the stay application filed by the assessee has become infructuous and accordingly dismissed as having become infructuous.
22. In the result, the stay application filed by the assessee is dismissed and the appeal of the assessee is allowed.
The order is pronounced in the open court on 29.11.2017.


Graduating from Dartington College of Arts in the 70s, I followed a community lifestyle in England and South Africa where group dynamics, art and nature have fuelled creativity. I currently produce sculptural works in stoneware ceramics inspired by the local Devon coast and moorlands where I frequently walk. I have exhibited widely in SW sculpture trails and galleries and the highlight of my career was a commission from Addenbrooke's Hospital in Cambridge. I work and offer some classes at "The Clay Door Studio" in Chudleigh, seen as a doorway to discovering personal creativity.


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TennisintheHood
Promoting the growth of tennis in communities of color.
Coco's Wimbledon run a preview of what's to come
Posted on July 19, 2019 by Larry Bivins
At the conclusion of the 2017 US Open Women's tennis championships, I wrote about a young phenom who had just competed in the girls title match. Her name was Cori "Coco" Gauff, and she was 13.
Let me repeat that: She was 13! The youngest girls' finalist ever.
At the time, I was struck by how this long-limbed junior reminded me of a young Venus Williams. But what really impressed me was how composed she was at her age and the conviction in which she spoke of her goal.
"I want to be the greatest of all time," Coco told tennis.com in April of that year.
For those who have been following Coco, her remarkable run at this year's Wimbledon championships should not have come as a surprise. Think of it as a preview of what's to come, as this 15-year-old prodigy pursues her dream of being the best player ever.
Coco fans in the Washington, D.C. area will have an opportunity to see her up close at this year's Citi Open that starts July 27. But even if she doesn't receive a qualifier berth, she will play a practice match in the main stadium and host the Citi Open Kids' Day event on July 28, according to a Citi Open announcement.
"Coco's story is a perfect fit with the history and mission of our tournament and, as potentially the next great American star, she also embodies our future and our reimagination of this storied event," said Mark Ein, chairman of MDE Tennis the new manager of the Citi Open.
Having just turned 15 in March, Coco became the darling of Wimbledon when she defeated her idol Venus on opening day. Afterward, headlines blared "A Star Is Born."
But the actual emergence of Coco's star potential came two matches later, when she showed the heart of a champion in a come-from-behind victory that propelled her into the Sweet 16 round of what many consider the most prestigious of the four Grand Slam tournaments in professional tennis.
Coco had won five straight matches without dropping a set before facing the crafty veteran Polona Hercog. The talented teen was down a set and 2-5 with Hercog serving for the match when she flipped the script. In doing so, she captured the imagination of millions as Cocomania swelled.
For the first time in a long while, I found myself on the edge of my seat as I watched Coco's amazing comeback. I had become so emotionally engaged that I threw up my hands and screamed, "Yes!", when she won.
The match reportedly drew more than five million viewers on BBC. And dozens cheered Coco's every point during a watch party at a family-owned restaurant in Delray Beach. Even former First Lady Michelle Obama tweeted congratulations.
Coco showed spunk in her Sweet 16 match against Simona Halep, but the depth and precision of the former French Open champion and World No. 1 proved too much for her to overcome.
The next day, Coco appeared on all the major networks to talk about her Wimbledon experience. To say she has become a hot ticket would be an understatement.
Coco's participation at the Citi Open represents a coup for organizers, as it would be her first tennis appearance in the United States since Wimbledon. And Women's Tennis Association age restrictions limit the number of tournaments in which she can play.
The daughter of a former college basketball player, Corey, and former college gymnast and track athlete, Candi, Coco began playing tennis at age 7, inspired by Venus and Serena Williams. She has trained at the French academy of Patrick Mouratoglou, who is Serena's coach, since she was 10.
Last year, Coco won the girls' French Open singles title and the US Open girls' doubles championship. She became the No. 1 junior in the world and turned pro.
As a result of her success at Wimbledon, Coco climbed 172 spots in the WTA rankings to No. 141. Her Wimbledon earnings amounted to $222,000, nearly triple her total as a pro. She already has endorsement deals with New Balance and Barilla.
Against Venus, Coco showed tremendous focus and composure in facing her longtime idol. The only time she succumbed to emotions was just before she went to the net where she held onto Venus's hand in a heartwarming exchange.
Venus was gracious in defeat and had this to say about Coco's potential: "The sky's the limit, it really is."
Coco has a long flight to reach her goal. She has yet to win one Grand Slam, while her other idol Serena fell just short of winning her 24th, losing to Halep in the Wimbledon final. And as long as Serena continues to play, the bar could get even higher for the GOAT in waiting.
But her journey to the top should be an exciting trip for everyone involved.
Tagged Barilla, Citi Open, Coco Gauff, French Open, Mark Ein, MDE Tennis, Michelle Obama, New Balance, Patrick Mouratoglou, Polona Hercog, Serena Williams, Simona Halep, US Open, Venus Williams, Wimbledon, WTA
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5 thoughts on "Coco's Wimbledon run a preview of what's to come"
Clem Richardson says:
Man, you wrote the hell out of this column!
Well done General!
And you have ads now?!?!?
Rolling!
Larry Bivins says:
This kind of feedback is like fuel for the creative soul! Appreciate it greatly, my brother.
William Kellibrew says:
Your article had me at the edge of my seat. I remember you wrote about her, but she quickly ignited the world on a different stage. I am excited about our young black women and men igniting tennis. While I saw her on the news and Facebook posts, I will not watch the youtube video of this match and other matches. I am also considering purchasing a quick ticket to the CitiOpen, a tournament I ran around at as a kid and a ball boy having grown up in the shadows of these courts including center stadium when it was the Sovran Bank Tennis Classic and then Legg Mason. My, we have come far. Again, great article. Keep us intrigued by writing more!!!
Thanks, man. Really appreciate your thoughts and support!
Great column!
ATA legend finds code to live by in tennis December 20, 2019
BTHF deserves award of its own October 16, 2019
Coco's Wimbledon run a preview of what's to come July 19, 2019
Gael Monfils: From Wakanda With Love May 25, 2019
Son of legendary Dr. J deserves own page in annals of black tennis history February 10, 2019
Larry Bivins on ATA legend finds code to live…
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ATA legend finds code to live by in tennis
Son of legendary Dr. J deserves own page in annals of black tennis history


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India: colonial era sex laws set to be repealed
By Rob Harkavy 24th July 2018 News / World
1861 Indian Penal Code prohibits "carnal intercourse against the order of nature".
After much judicial and parliamentary to-ing and fro-ing, it now seems likely that India will repeal that part of the 1861 Indian Penal Code which, in effect, banned homosexuality. Section 377, based on the Buggery Act of 1533, has long been cited as an excuse to keep homosexual activity illegal in India, although since India became independent of British rule in 1947, the country has been free to repeal the legislation for more than 70 years.
India's recent history of LGBT rights is, to say the least, chequered. In 2016, Parliament introduced the Transgender Persons Bill which opened the door for some of the most advanced trans rights in the world, covering employment, medical care, education, social welfare and even toilet facilities. There is currently one Indian mayor and one Indian MP living openly as trans.
Trans rights in India are far more progressive than gay rights
However, gay rights have not been so readily acknowledged. In 2009, the Delhi High Court decriminalised same sex relationships, citing Section 377 as "undermining constitutional values and the notion of human dignity." Then, in 2013, the Supreme Court overturned that judgment, effectively re-instating the provisions of the colonial penal code overnight.
Following the Supreme Court ruling, an opposition MP attempted to decriminalise homosexuality through parliamentary legislation (rather than judicial precedent) but his Private Members Bill was voted down. Unfortunately, India's ruling party views decriminalising homosexuality as something of a vote loser, so rather than risking a backlash from socially conservative voters, they have consistently refused to revoke Section 377, instead leaving the matter to the courts. In India, as in the United Kingdom and much of the Commonwealth, legislation is established either by parliamentary statute or by rulings by judges in court.
Jump forward to 2017, and the Supreme Court ruled that the right to privacy was fundamental, reopening the debate on the legality of homosexuality, with Justice Chandrachud stating that "LGBT rights are not so-called [as they had been in the 2013 ruling] but are real rights founded on sound constitutional doctrine."
Now, it looks like tens of millions of Indians can look forward to a brighter future. Speaking last week, Justice Indu Malhotra stated that homosexuality "is not an aberration but a variation […] because of family pressures and societal pressures they [gay people] are forced to marry the opposite sex."
So, don't break out the rainbow bunting quite yet, but it would take a massive volte-face to derail the momentum towards the abolition of the regressive and cruel Section 377.
Rob Harkavy
Tagged : gay rights India LGBT Trans rights
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Review: Different for Girls: The Whole Story


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Q: How to get text nested into TH without text nested in TH's children nodes? I parse some site and getting TH element instance, then I use innerText to get needed text, the problem comes when there is some additional junk text that I don't need. Is there anyway I can get top level text only?
var th_elem = /*some_calls*/;
var my_text = th_elem.innerText; //Oh no, this has extra text that I don't need.

I don't know what extra text is, so I can't always remove it by it's common lenth.

A: If you only want to get the text from the first text node, then select that node using by using the .firstChild property. You can get its contents from its .data, .nodeValue or .textContent property.
var my_text = th_elem.firstChild.data;

redpajama_set_name: RedPajamaStackExchange


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Review: Her Darkest Nightmare by Brenda Novak
I've been waiting on this novel for a while now. I've been eager for it actually, and I finally got my hands on Her Darkest Nightmare which was every bit as good as I wanted it to be, though it did surprise me a little bit.
Series: The Evelyn Talbot Chronicles, #1
My Rating: 4.5 ❀'s
I honestly thought Jasper would follow Evelyn to Alaska and
terrorize both her and everyone else in Hilltop. Is it a spoiler to say I was wrong? Well, if it'is, I'm sorry, but Jasper's appearance in this book only promises darker things and that makes my heart pound. Because the things that happened in this book were twisted.
Hanover House is Evelyn's brainchild, and it seems that she is losing control over the doctors who work there and the inmates. Her own emotional stability is called into question as the novel progresses and a serial killer is on the loose, one who chooses his victims from the employees of Hanover House. And the murders are gruesome. Gruesome enough that we suspect Jasper. One inmate in particular seems to know what is going on, but being a psychopath, Evelyn can't trust anything he says.
I admired Evelyn in the last novel, because she wants to understand psychopathy so that she can help others who might be victims from the terror and crimes of these individuals. I still admire her, but I will also say that I also think she's nuts! No way could I do her work, especially after the experiences she has had. But, then that's what makes her admirable. She's so determined, and although she considers herself something of a broken woman, she really isn't. To do this work is proof enough of her strength, but she takes some huge steps in her relationship with Amarok as well. A relationship that she had called off because she felt she was too damaged to be in a relationship, but one which she actively pursues because she can't ignore her feelings for Amarok. So even though there were times I was shaking my head, wondering why she puts herself through everything her work entails, my admiration for this character increased.
This novel had me turning the pages well into the wee hours and it did make me check my locks twice because it gets under your skin like that. I loved the heart pounding suspense, the methodical way the novel was plotted out and how smoothly the story unfolded. I did figure out who the killer was half way through though, so that was no surprise in the end. I think it will be for a lot of readers, but I wasn't fooled! And the epilogue gave me chills. Jasper may not have been the killer in this story, but he's out there and I know we will see him at some point in this thrilling series.
I received an ARC from Netgalley in exchange for an honest review.
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What's the Scoop??? Pretty In Crochet


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Middle East Naval
Elbit Systems Seagull USV Participates in Israeli, French ASW Exercise
April 1, 2018 DP Press Releases	0 Comments Anti-submarine warfare (ASW), Elbit Systems, Elbit Systems Seagull USV, France, French Navy, Israel, Israeli Navy, Mediterranean Sea, Military exercise, Unmanned Surface Vehicle (USV)
Elbit Systems Seagull Unmanned Surface Vessel (USV) participated in a joint Anti-Submarine Warfare (ASW) exercise of the Israeli and the French navies held recently in the Mediterranean.
Under the Israeli Navy command, an ASW force that included two Israeli ASW vessels and a Marine Nationale (French Navy) frigate and an ASW helicopter and the Seagull, performed ASW missions against an Israeli Navy submarine.
The joint force has simultaneously operated manned and unmanned surface and airborne vessels, practicing advanced means and tactics for submarine detection and deterrence.
In addition to ASW capabilities, the Seagull features switchable, modular mission payload suites and can perform Mines Counter Measures (MCM) missions, Electronic Warfare (EW), Maritime Security (MS), Hydrography and other missions using the same vessel, mission control system and data links.
Seagull offers navies a true force multiplier delivering enhanced performance to naval operations, reducing risk to human life and dramatically cutting procurement and operating costs.
Elbit Systems Seagull USV
Seagull is a multi-role unmanned surface vessel (USV) manufactured by Elbit Systems.
The USV is powered by two diesel engines and has a maximum speed of 60km/h. It can continuously operate at sea for more than four days.
The Seagull USV is armed with a remote control weapon system (RWS) mounted with a 12.7mm machine gun. The USV also incorporates torpedo launching system and non-lethal weapon system.
The Seagull systems have superior mine counter measures (MCM) capability. This USV facilitates end-to-end mine hunting operations, including detection, classification, location, identification and neutralization of bottom, moored and drifting sea mines while taking the sailor out of the mine field.
The Anti-Submarine Warfare (ASW) capability provides the navy with a significant tactical advantage by effectively deterring and threatening enemy submarines using an available asset with significantly lower risk.
Featuring switchable, modular mission payload suites, Seagull can perform ASW and MCM, electronic warfare (EW), maritime security (MS), hydrography and other missions using the same vessels, mission control system and data links.
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