There it was on the webpage: a shiny, glowing number 36. A perfect score.
ACT-Math test Questions - ACT Section Two: Math Updated: 2023
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ACT Section Two: Math
and a and c are doubled, what happens to the value of d?
A. The value of d remains the same.
B. The value of d is doubled.
C. The value of d is four times greater.
D. The value of d is halved.
E. The value of d is four times smaller.
If a and c are doubled, the fraction on the left side of the equation becomes
. The fraction has been multiplied by 2/2 which is equal to 1. Multiplying a fraction by 1 does not change its value:
The value of d remains the same.
Balloons are sold according to the chart above. If a customer buys one balloon at a time, the cost is $1.00 per balloon. If a customer buys ten balloons at
a time, the cost is $0.90 per balloon. If Carlos wants to buy 2,000 balloons, how much money does he save by buying 1,000 balloons at a time rather
than ten balloons at a time?
If Carlos buys ten balloons, he will pay 10 x $0.90 = $9. In order to total 2,000 balloons, Carlos will have to make this purchase 2,000 ś 10 = 200
times. It will cost him a total of 200 x $9 = $1,800. If Carlos buys 1,000 balloons, he will pay 1,000 x $0.60) = $600. In order to total 2,000 balloons,
Carlos will have to make this purchase 2,000 ś 1,000 = 2 times. It will cost him a total of 2 x $600 = $1,200. It will save Carlos $1,800 $1,200 = $600
to buy the balloons 1,000 at a time.
Given the following figure with one tangent and one secant drawn to the circle, what is the measure of
ACT-Math.html[10/12/2021 4:19:38 PM]
The measure of an angle in the exterior of a circle formed by a tangent and a secant is equal to half the difference of the intercepted arcs. The two
intercepted arcs are
which is 60°, and
which is 110°. Find half of the difference of the two arcs: 1/2 x (110 60) = 1/2 x 50 = 25ș.
In the diagram above, what is the sum of the measures of the
E. Cannot be determined.
ACT-Math.html[10/12/2021 4:19:38 PM]
There are 180ș in a line: (x + (supplement of
)) + (y + (supplement of
)) + (z + (supplement of
)) = 540. The supplement of
, the supplement of
, and the supplement of
are the interior angles of a triangle. There are 180ș in a triangle, so those supplements sum to 180. Therefore, x + y + z + 180 = 540, and x + y + z =
If the surface area of a cube is 384 cm , what is the volume of the cube?
A. 64 cm3
B. 256 cm3
C. 512 cm3
D. 1152 cm3
E. 4096 cm3
The surface area of a cube is equal to 6 x e2, where e is the length of one edge of the cube; 6 x e2 = 384 cm, e3 = 64, e = 8 cm. The volume of a cube is
equal to e3; (8 cm)3 = 512 cm3.
Greg has nine paintings. The Hickory Museum has enough space to display three of them. From how many different sets of three paintings does Greg
have to choose?
Be careful not to count the same set of three paintings more than once order is not important. A nine-choose-three combination is equal to
It takes eight people 12 hours to clean an office. How long would it take six people to clean the office?
A. 9 hours
B. 15 hours
C. 16 hours
D. 18 hours
E. 24 hours
There is an inverse relationship between the number of people and the time needed to clean the office. Multiply the number of people by the hours
needed to clean the office: 8 x 12 = 96. Divide the total number of hours by the new number of people, 6: 96 ś 6 = 16. It takes six people 16 hours to
clean the office.
Lindsay grows only roses and tulips in her garden. The ratio of roses to tulips in her garden is 5:6. If there are 242 total flowers in her garden, how many
of them are tulips?
ACT-Math.html[10/12/2021 4:19:38 PM]
The number of roses, 5x, plus the number of tulips, 6x, is equal to 242 total flowers: 5x + 6x = 242, 11x = 242, x = 22. There are 5 x 22 = 110 roses
and 6 x 22 = 132 tulips in Lindsays garden.
The point (2, 1) is the midpoint of a line with endpoints at (-5, 3) and:
A. (-3, 4)
B. (-7, 2)
C. (7, 1)
D. (9, -1)
E. (-10, 3)
The midpoint of a line is equal to the average x-coordinates and the average y-coordinates of the lines endpoints:
(-5 + x) / 2 = 2, -5 + x = 4, x = 9 (3 + y) / 2 = 1, 3 + y = 2, y = -1The other endpoint of this line is at (9, -1).
is equivalent to:
B. x + 5
C. (x + 5) / (x + 7)
D. -5 / (2x 7)
E. (2x 15) / (4x 21)
Factor the numerator and denominator and cancel like factors: (x + 2x 15) = (x + 5) x (x 3) (x + 4x 21) = (x + 7) x (x 3)
Cancel the (x 3) term from the numerator and the denominator. The fraction reduces to (x + 5) / (x + 7).
In the diagram above, lines EF and GH are parallel, and line AB is perpendicular to lines EF and GH. What is the length of line AB?
ACT-Math.html[10/12/2021 4:19:38 PM]
Line AB is perpendicular to line BC, which makes triangle ABC a right triangle.
are alternating angles, i.e. angles made by a pair of parallel lines cut by a transversal.
form a line. There are 180ș in a line, so the measure of of
. Triangle ABC is a 30-60-90 right triangle, which means that the length of the hypotenuse, AC, is equal to twice the length ofthe leg opposite the 30-
degree angle, BC. Therefore, the length of BC is 10/2, or 5. The length of the leg opposite the 60-degree angle, AB, is v3 times the length of the other
leg, BC. Therefore, the length of AB is 5v3.
The statement Raphael runs every Sunday is always true. Which of the following statements is also true?
A. If Raphael does not run, then it is not Sunday.
B. If Raphael runs, then it is Sunday.
C. If it is not Sunday, then Raphael does not run.
D. If it is Sunday, then Raphael does not run.
E. If it is Sunday, it is impossible to determine if Raphael runs.
The statement Raphael runs every Sunday is equivalent to If it is Sunday, Raphael runs. The contra positive of a true statement is also true. The
contra positive of If it is Sunday, Raphael runs is If Raphael does not run, it is not Sunday.
Rob has six songs on his portable music player. How many different four-song orderings can Rob create?
The order of the four songs is important. The orderings A, B, C, D and A, C, B, D contain the same four songs, but in different orders. Both orderings
must be counted. The number of six-choose-four orderings is equal to 6 x 5 x 4 x 3 = 360.
A dormitory now houses 30 men and allows 42 square feet of space per man. If five more men are put into this dormitory, how much less space will
each man have?
A. 5 square feet
B. 6 square feet
C. 7 square feet
D. 8 square feet
E. 9 square feet
30 men x 42 square feet = 1260 square feet of space; 1260 square feet ś 35 men = 36 square feet; 42 36 = 6, so each man will have 6 less square feet
ACT-Math.html[10/12/2021 4:19:38 PM]
If 30% of r is equal to 75% of s, what is 50% of s if r = 30?
If r = 30, 30% of r = 0.30 x 30 = 9. 9 is equal to 75% of s. If 0.75s = 9, then s = 12. 50% of s = 0.50 x 12 = 6.
Line y = 2/3x 5 is perpendicular to line:
A. y = 2/3x + 5
B. y = 5 2/3x
C. y = -2/3x 5
D. y = 2/3x 5
E. y = -2/3x + 5
Perpendicular lines have slopes that are negative reciprocals of each other. The slope of the line given is 2/3. The negative reciprocal of 2/3 is 3/2.
Every line with a slope of -3/2 is perpendicular to the given line; y = -3/2x + 5 is perpendicular to y = 2/3x 5.
In the graph above, ABCD is a square. What are the coordinates of point B?
A. (-1, -4)
B. (-1, 4)
C. (-1, 6)
D. (-3, 1)
E. (-3, 4)
Point B is the same distance from the y-axis as point A, so the x-coordinate of point B is the same as the x-coordinate of point A (-1). Point B is the
ACT-Math.html[10/12/2021 4:19:38 PM]
same distance from the x-axis as point C, so the y-coordinate of point B is the same as the y-coordinate of point C (4). The coordinates of point B are (-
If the expression
, then one possible value of x could be:
Cross multiply and solve for x:
3 x 2x = (2 + x) x (x 5) 6x = x 3x 10 x 9x 10 = 0 (x 10) x (x + 1) x = 10, x = -1
ACT-Math.html[10/12/2021 4:19:38 PM]
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Kill your test at First Attempt....Guaranteed!
The fall testing season will come to a close next month for both the ACT and SAT. Seniors hoping to top their previous scores and juniors planning to get a test in before the start of the spring semester are the students most likely to take advantage of the December test dates. For the SAT, the December test is significant for another reason: Itâs the last time the current test will be administered.
Come spring 2024, the College Board will launch an all-new, computer-based SAT that tests the same concepts but clocks in at about two hours instead of three.
Thereâs still time to sign your child up for both the Dec. 8 ACT or the Dec. 2 SAT, although you may have to pay a late-registration fee. And students still have time to prepare, but with less than a month to go, they need to be strategic.
If your child has yet to take either test, know this: While most students perform equally well on both exams, some have strengths and challenges that might dictate focusing on one test over another.
For example, students who are slow readers will probably find the ACT studying section â which gives students only 35 minutes to read four texts and answer 40 questions â a challenge. In contrast, the SAT allows students 65 minutes to read five passages and respond to 52 questions. For such students, the SAT might be a better fit.
As for the math section, the SAT has some questions that are no-calculator-allowed as well as some that require students to solve a problem on the page. On the other hand, the ACT math section has only multiple-choice questions, and calculators are allowed for all of them. So students who like the predictability of multiple-choice questions might prefer the ACT for this reason.
(Gray News) â The average Composite score on the ACT test for the class of 2023 has fallen to 19.5 out of 36, according to a report.
The decrease in scores marks a decline of 0.3 points from 2022, when the average score was 19.8, data released by ACT in October shows. ACT is the nonprofit organization that administers the college readiness exam.
The average scores in three of the four subjects featured on the test - mathematics, studying and science - were below the ACT College Readiness Benchmarks. The benchmarks are the minimum ACT test scores required for students taking the test to have a high probability of success in college.
ACT said students who meet a benchmark on the test have about a 50% chance of getting a B score or better in college courses and about a 75% chance of earning a C or better in the same course or courses.
ACT CEO Janet Godwin said this is the sixth consecutive year of declines in average scores.
Godwin also said the number of seniors leaving high school without reaching the college readiness benchmarks is also rising.
âThese systemic problems require sustained action and support at the policy level,â she said in a release. âThis is not up to teachers and principals alone - it is a shared national priority and imperative.â
The graduating class of 2023 began their high school careers when the COVID-19 pandemic took place, according to the ACT report.
The graduating seniors who met none of the ACT College Readiness Benchmarks climbed to historic highs in 2023, with only 21% of students meeting all four benchmarks.
Copyright 2023 Gray Media Group, Inc. All rights reserved.
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Introduction: In a latest judgment, the Delhi High Court addressed the issue of making additions under Section 68 of the Income Tax Act based on charging a high premium. The case, ACIT Vs Montage Enterprises Pvt. Ltd., for Assessment Year 2007-08, highlights the importance of adhering to specific criteria when questioning additions under Section 68.
Detailed Analysis: The appeal before the court raised two main issues. Firstly, the sustainability of the deletion of an addition made under Section 68 concerning the investment made in shares issued at a high premium by Montage Enterprises Pvt. Ltd. Secondly, the erroneous inclusion of CENVAT Credit in the profits of the company for determining the deduction under Section 80IB of the Income Tax Act.
On the first issue, the court emphasized the triple test that an assessee needs to satisfy: identity, creditworthiness, and genuineness of the transaction. In this case, the investor, Adhyay Equi Pref Private Limited, was identified, and the investment amount of Rs. 20 crores was made through banking channels. The company justified the premium by providing a valuation certificate based on the Net Asset Value Method. The court criticized the Assessing Officer for focusing on the high premium without conducting further inquiries into the details of cheque payments. The court reiterated that charging a high premium is not the correct test for making additions under Section 68.
On the second issue, the court affirmed the findings of the Commissioner of Income Tax (Appeals) and the Tribunal. It distinguished between CENVAT Credit and Duty Entitlement Pass Book (DEPB) certificates, stating that the former could be considered as income derived from an industrial undertaking for the purpose of claiming a deduction under Section 80IB. The court referred to precedents, including the judgment in Liberty India vs. Commissioner of Income Tax, to support its interpretation of the expression âderived fromâ in Section 80IB.
Conclusion: The Delhi High Court concluded that the Assessing Officer asked the wrong question and proceeded on the wrong path by focusing on the high premium. It emphasized that the triple test for additions under Section 68 was not only satisfied but also supported by the net worth of Adhyay. The court found no substantial question of law on both issues and upheld the Tribunalâs decision. The judgment highlights the importance of a comprehensive examination of the facts and adherence to legal principles in tax assessments.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. This appeal concerns Assessment Year (AY) 2007-08.
2. Via this appeal, the appellant/revenue seeks to assail the order dated
14.01.2019, passed by the Income Tax Appellate Tribunal [in short, âTribunalâ].
3. Mr Shailendera Singh, learned senior standing counsel, who appears on behalf of the appellant/revenue, says that there are two issues which have been raised in the instant appeal filed before this court.
4. First, the sustainability of the deletion of addition made under Section 68 of the Income Tax Act, 1961 [in short, âActâ] with regard to the investment made in shares issued at premium by the respondent/assessee.
4.1 It is pointed out that the shares which bore a face value of Rs.10/- per share carried a premium of Rs.190/- per share.
4.2 The amount invested in the share capital of the respondent/assessee was Rs.20 crores.
5. Second, the erroneous inclusion of CENVAT Credit in the profits of the respondent/assessee for the purposes of arriving at the deduction available under Section 80IB of the Act.
6. In support of his submission with regard to the first issue, Mr Singh sought to place reliance on the observations made by the Assessing Officer (AO) in the assessment order dated 31.12.2009.
6.1 In particular, Mr Singh highlighted the fact that although an amount of Rs.20 crores was invested by Adhyay Equi Pref Private Limited [in short, âAdhyayâ] via cheques in the period spanning between 20.02.2007 and 13.03.2007, on 19.02.2007, the credit balance in the account of Adhyay was âNILâ.
6.2 This amount, as per the AO, ballooned to Rs.3 crores on 21.02.2007, albeit without a clue as to the source, and thereafter, the amounts were channeled by way of investment to the respondent/assessee.
7. It was also emphasized that after Rs.20 crores was invested, the credit balance in the bank account of Adhyay fell to a nominal figure.
7.1 It is pointed out that on 14.03.2007, the credit balance was Rs.7,200/-, which stood enhanced to Rs.82,200/- on 26.03.2007 and thereafter, to Rs.6,82,200/- on 31.03.2007.
7.2 In sum, the argument advanced by Mr Singh was that the state of affairs represented that the investment made in the shares of the respondent/assessee was, in effect, undisclosed income.
8. As regards the second issue, Mr Singh submitted that the CENVAT credit availed by the respondent/assessee could not be construed as income derived from an industrial undertaking so as to entitle the respondent/assessee to claim a deduction under Section 80IB of the Act. 1 The submission was that the expression âderived fromâ in the said provision includes that income which has a direct nexus with the profits and gains of an industrial entity.
8.2 In other words, according to Mr Singh, although the self-CENVAT credit availed by the respondent/assessee would otherwise be income of the respondent/assessee, it was not a profit which was derived from the industrial undertaking.
8.3 In support of his plea, Mr Singh sought to place reliance on the judgment of the Supreme Court rendered in Liberty India vs. Commissioner of Income Tax (2009) 9 SCC 328.
9. Mr M.P. Rastogi, who appears on behalf of the respondent/assessee, submitted that no interference was called for with the impugned order passed by the Tribunal. In this behalf, Mr Rastogi sought to place reliance on the findings returned by the Tribunal.
10. We have heard the counsel for the parties and perused the record. As regards the first issue, it is crucial to bear in mind that the addition under Section 68 of the Act can only be made if the respondent/assessee fails to come through vis-a-vis the triple test enunciated by the court. The triple test requires an assessee to prove identity, creditworthiness, and the genuineness of the subject transaction.
11. In this case, concededly, there is no dispute with regard to the identity of the investor. As indicated above, Adhyay was the investor.
12. The fact that Rs.20 crores have been invested via banking channels is not in dispute.
13.It is also not disputed that the respondent/assessee justified the premium that it had charged qua the shares by producing a valuation certificate of the Chartered Accountant. The valuation was made based on the Net Asset Value Method (NAVM). The valuation revealed that the shares of the respondent/assessee were worth Rs.200.52 per share.
14. We find from the assessment order that the AO has taken note of the fact that if other methods were used, the valuation would have been much Therefore, there was on record a justification concerning the premium that the respondent/assessee received for its shares.
15. The issue, as noticed above, emphasised by Mr Singh was with regard to the credit balance available in the bank account qua Adhyay, before and after the investment.
16. That said, what has come through on perusal of the record is that the respondent/assessee has furnished the details of the cheque payments and therefore, there was enough and more material available with the AO to make further inquiry into the matter.
17. The AO, instead of making further inquiries, seems to have been burdened by the fact that the premium charged was high, which, according to us, was not the correct test for making an addition under Section 68 of the Act.
18. This aspect has been repeatedly emphasised by the courts including a coordinate bench of this court in Commissioner of Income-tax (Central)-III vs. Anshika Consultants (P.) Ltd.  62 taxmann.com 192 (Delhi). The said judgment was cited with approval by the High Court of Madhya Pradesh in its judgment dated 07.08.2018 in ITA No.112/2018, Principal Commissioner of Income-tax (1) Indore vs. Chain House International (P.) Ltd.
19. Therefore, according to us, the AO asked himself the wrong question and proceeded thereafter on the wrong path.
20. It is important to highlight, something which the Tribunal has noted, that in a query put by the AO to the representative of Adhyay, what was revealed is that it had a net worth of more than Rs. 100 crores.
20.1 This assertion has remained undisputed. If this assertion is accepted, then one cannot doubt the creditworthiness of the investor i.e., Adhyay. We may, therefore, for the sake of convenience note the query directed to the investor, and the response received vis-a-vis the same:
â12. What is the net worth of your Company? Was any cash deposited in the bank account before depositing the share application money to M/s Montage Enterprises Pvt .Ltd.?
Ans. The net worth of our Company is more than Rs. 100.00 Crores. No, there is no cash deposit in the Bank Account before making the payment for Share Application Money to M/s Montage Enterprises Pvt. Ltd.â
21. Thus, according to us, no substantial question of law arises for consideration as far as the first issue is concerned.
22. As regards the second issue, in our view, the record shows that the Commissioner of Income Tax (Appeals) [in short, âCIT(A)â] ruled in favour of the respondent/assessee; a finding which was affirmed by the Tribunal.
22.1 The CIT(A) went into a detailed analysis of the issue at hand and correctly drew a distinction between the CENVAT credit, which is made available to a manufacturer against the duty drawback, and the Duty Entitlement Pass Book (DEPB) certificates issued to an exporter. DEPB are âincentive profitsâ which are made available to an exporter who may not necessarily be a manufacturer and therefore, possibly, being ineligible for deduction under Section 80IB of the Act.
23. Both CIT(A) as well as the Tribunal have taken note of the judgment of a coordinate bench of this court rendered in Commissioner of Income-Tax vs. Dharam Pal Prem Chand Ltd.  317 ITR 353 (Delhi). 1 This judgment was carried in appeal before the Supreme Court. The Supreme Court bench comprising Honâble Mr Justice S.H. Kapadia and Honâble Mr Justice Swatanter Kumar [as they then were] dismissed the SLP i.e., Special Leave to Appeal (Civil) No.24055/2009 via the order dated 22.02.2010.
23.2 Noticeably, the judgment of the Supreme Court passed in Liberty India vs. Commissioner of Income Tax was also rendered by Honâble Mr Justice S.H. Kapadia [as he then was] on 31.08.2009.
24. Therefore, even as regards the second question, no substantial question of law arises for consideration.
25. Thus, for the foregoing reasons, we find that it is not a fit case for interference with the impugned order.
26. According to us, no substantial question of law arises for
27. The instant appeal is disposed of, in the aforesaid terms.
To gain an edge over other aspirants, it is necessary to focus on the important courses for each CAT test section, and prepare in a structured manner. A concentrated focus not only provides direction, but ensures consistent progress, and helps you manage your time effectively.
While a planned study approach provides a solid basis, focussing on important courses ensures that your efforts are directed towards the most scoring and important areas, as you move to the revision stage of CAT test preparation.
Read Also: Elevate Your Career Prospects with 7 In-Demand Branches in MBA
Data Interpretation and Logical Reasoning (DILR) is one of the three sections of the Common Admission Test (CAT), along with Verbal Ability & studying Comprehension (VARC) and Quantitative Aptitude (QA).
List of important topics
DILR sections includes a multitude of courses ranging from seat-arrangements to blood relation, and quantitative reasoning to binary logic and data analysis. Here is a list of courses which are repeated every year with multiple questions in every question set:
Important strategies to perform well in DILR section
Apart from knowing the important topics, optimal performance in the test is crucial to score well in this section. Here are a few strategies you can bank on.
WHY DO COMPANIES HAVE TO REPORT BENEFICIAL OWNERSHIP INFORMATION TO THE U.S. DEPARTMENT OF THE TREASURY?
In 2021, Congress passed the Corporate Transparency Act on a bipartisan basis. This law creates a new beneficial ownership information (âBOIâ) reporting requirement as part of the U.S. governmentâs efforts to make it harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures.
WHEN WILL THE CTA GO INTO EFFECT?
The CTA becomes effective on January 1, 2024.
CAN I GET AHEAD AND SUBMIT MY INFORMATION NOW?
No, FinCEN is not accepting submissions until January 1, 2024.
HOW MUCH WILL THIS COST?
FinCEN is not charging a fee to submit these reports.
WHAT FILING TIMELINE DO I NEED TO BE worried ABOUT?
When was your company formed?
WHAT IF I MAKE CHANGES AFTER FILING?
If there are any changes to the information about your company or its beneficial owners in the BOI report that your company filed, your company must file an updated BOI report within 30 days of the date on which the change occurred.
NOTE: The changes include information submitted by you to obtain a FinCEN identifier which allows someone to file the BOI on behalf of a regulated entity.
WHAT IF I MAKE A MISTAKE IN MY FILING?
Your company must correct any mistake or inaccuracy in information no later than 30 days after your company has detected the incorrect information or should have known of the error or inaccuracy.
IS THIS AN ANNUAL FILING?
No. The final rule imposes a rolling obligation on reporting companies to update information as it changes or becomes inaccurate. An annual filing is not appropriate as a standard for CTA compliance.
WHAT EXACTLY IS BOI?
BOI includes information about the individuals who hold significant control over a business. It encompasses data such as the individualâs name, date of birth, address, and government-issued identification. Both domestic and foreign entities registered with any secretary of state or formed under the laws of any state are mandated to report their BOI to FinCEN.
CAN A NON-US ENTITY BE CONSIDERED A REPORTING COMPANY?
Yes. It is important to note that non-US entities will fall under the definition of a Reporting Company if they are registered to do business with a US secretary of state (or a similar office).
WHAT IS A FINCEN IDENTIFIER AND HOW CAN I GET ONE?
A âFinCEN identifierâ is a unique identifying number that FinCEN will issue to individuals upon request after the individual provides information such as their name, date of birth, address, unique identifying number and an acceptable government issued identification document. A reporting company may also request a FinCEN identifier by checking the required box on the reporting form
CAN FINCEN SHARE THIS INFORMATION?
Yes, in limited circumstances. Given the sensitivity of the reportable information, the CTA imposes strict confidentiality, security, and access restrictions on the data. However, FinCEN is authorized to disclose reportable beneficial owner information to a defined group of governmental authorities and financial institutions, in limited circumstances.
FinCENâs website:Â www.fincen.gov
There it was on the webpage: a shiny, glowing number 36. A perfect score.
Nate Rohda was beyond ecstatic â a reaction expected of any proud parent.
But he wasnât entirely surprised. He knew there was a high possibility his son, Chance Rohda, would step away with the best score possible on the ACT.
Chance is technically a freshman in high school at East Butler Public Schools in Brainard â emphasis on technically â and it has always been clear he was academically gifted.
But he forgot his watch on his second attempt at the test â the first try a month earlier earned him a 35 â which threw his timing off, and he had to leave two questions on the math portion of the four-part test blank. The odds appeared to be stacked against him.
âEverything seemed to go wrong,â Nate Rohda said.
People are also readingâŠ
So Chance wasnât expecting to get a perfect composite score, not this go-around at least.
But when his dad opened the email containing his score, a bold number 36 sat there waiting for him.
âI mightâve said a swear word,â Chance said of his reaction to the score. âI was super excited.â
A top score on the ACT is rare for any student, with less than 1% of test-takers scoring that high on average. Of the 1.34 million graduates in 2022 who took the ACT, only around 3,300 earned a 36, according to the ACT nonprofit organization.
But Chanceâs score was even more special.
At 13 years old, Chance is among the youngest students in the country to earn the top score on the ACT â with a score of 36 in science, English and reading, and a 35 in math.
âHe mustâve only missed the two math questions he didnât answer,â Nate Rohda said. âWeâre very proud, obviously, because while it comes easy to him, he still works very hard.â
In his 11 years at East Butler, Superintendent Michael Eldridge has seen only one other student achieve a perfect ACT score as a junior, but like Nate Rohda, he wasnât shocked to hear of Chanceâs score.
âI was impressed, but not surprised,â Eldridge said. âHeâs gifted academically, but heâs also a well-rounded kid. Heâs easy to build a relationship with. Heâs kind to others. Heâs respected by his classmates. Heâs just all in all a really good kid to have in the building.â
The ACT is broken up into four individually scored sections to create a composite, or average, score and is typically taken by high school juniors and seniors, which, technically, Chance qualifies as.
Again, emphasis on technically.
Before Chance even started school, it was obvious he was advanced for his age.
âHe just was a sponge for knowledge,â Nate Rohda said.
So, Rohda and his wife, Jennifer, took Chance to see a professor at Creighton University to help them decide the best route for his education. There, they were advised to place Chance with older students and start him at a higher grade level.
When the time came for Chance to enter kindergarten, the family, who had recently moved to Brainard from Omaha, looked at other schools, including one for gifted children in Reno, Nevada. But, they ultimately decided there was no better place for Chance than East Butler.
The school was more than accommodating, Nate Rohda said, and worked to design a unique program for Chance, allowing him to take his core subjects with the third grade class, while doing things such as art and music with his fellow kindergarteners. Chance has followed a similar model ever since.
âThatâs the beauty of East Butler. Itâs K-12, all in one building, so it was logistically doable,â Nate Rohda said. âThe school is just great.â
Now, Chance has the academic status of a junior in high school as a freshman and could graduate at age 15.
While Chance hasnât yet decided whether he will put on his cap and gown early, he has already begun scouting potential colleges, with the University of Nebraska-Lincolnâs Raikes School of Computer Science as the current front-runner. The Massachusetts Institute of Technology and the U.S. Air Force Academy also are contenders.
However, Nate Rohda said a part of him hopes his son chooses to stay in high school to soak up the final years of his childhood and graduate with the class of 2027.
âWeâre really happy with the place weâre at now. Heâs good at sports. Heâs good at school. Heâs accepted,â Nate Rohda said.
âThereâs fear, and itâs a tough fear, too, because people donât want to hear you complain that your kid is too smart,â he continued. âThere are definitely some growing pains there.â
No matter what path Chance chooses â and when he chooses to take it â achieving his goal of a perfect ACT score has lifted a heavy weight off his shoulders.
âItâs a sigh of relief,â he said, âbecause now I can focus on extracurriculars and building my rĂ©sumĂ© and just being a teenager.â
The World-Herald's 2023 All State Academic Team
Section 3(d) of the Indian Patents Act, 1970 was never so controversial till the insertion of an amendment in 2005, which states that âthe mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substanceâ. The Explanation to this amendment is that âFor the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance unless they differ significantly in properties with regard to efficacyâ deepen this controversy further.
In a latest case, the Madras High Court looked into how far a claim for the biochemical composition of different elements can be stretched to apply the exceptions under Section 3(d).[Â Novozymes Vs Assistant Controller of PatentsÂ (T) CMA (PT) No.33 of 2023 in(OA/6/2017/PT/CHN)] The appeal was filed to challenge the refusal of the patent application primarily on the grounds that the claimed invention is in respect of a known substance which is not patent-eligible under Section 3(d) and that the composition claims (claims 8 to 11) fall within the scope of Section 3(e) of the Patents Act because the composition is a substance obtained by the mere admixture of ingredients.
Analysis and decision on the applicability of Section 3(d)
In this appeal case, Justice Senthilkumar Ramamoorthy dissected the provisions of Section 3(d) and observed that âThe principal clause of Section 3(d) contains about three limbs, which are separated by the disjunctive âorâ.
The three limbs are as follows:
1. The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.
Justice Ramamoorthy went on further to add that âthere are four and not three limbs because of the placement of the disjunctiveÂ âor â before the phrase ânew use for a known substanceâ in what I labelled above as the second limb, I conclude that the second limb is one limb consisting of two segments because the subject of both segments (i.e. ânew propertyâ or ânew useâ) of the said limb is âknown substanceâ.
This break-up of Section 3(d), according to the Court, reveals that both the first and second limbs deal with and govern claims relating to known substances. While the first limb deals with and governs claims relating to new forms of a known substance, the second deals with and governs new properties or uses.
Is Section 3(d) applicable to Biochemicals?
The primary question before the Court in this case was whether the provisions under Section 3(d) apply to biochemical substances like âPhytaseâ or not. The appellant contended that:
âthe Explanation to Section 3(d) enumerates several derivatives of chemical substances. After such enumeration, the generic expression âand other derivatives of known substanceâ is used. After contending that all the enumerated derivatives fall within the genus âderivatives of chemical substancesâ, she relied on the ejusdem generis principle and contended that the generic expression âand other derivatives of known substanceâÂ should be limited to derivatives of chemical substances and that it should not be extended to biochemical substances such as phytase.â
The respondent Controller in the present case contented that:
âSection 3(d) of the Patents Act uses the expression âknown substanceâ and not âpharmaceutical substanceâ. Therefore, it was contended that Section 3(d) is not limited to pharmaceutical products.Â Since phytase is a biochemical substance, the respondent submitted that it falls within the scope of Section 3(d) and, in particular, the Explanation thereto.Â With reference to the Explanation, the respondent contended that the expression âand other derivatives of known substanceâ also applies to variants of phytase because phytase and its variants are biochemical substances. It was further submitted that there is nothing in the text of the Explanation that limits the scope thereof to synthesised chemicals.â
The Court considered the ruling of the Madras in Novartis DB, where refusal of a claimed invention for the beta crystalline form of Imatinib Mesylate under Section 3(d) was challenged on the grounds that this amendment violates the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement) and Article 14 of the Constitution of India. The Division Bench (DB) upheld the validity of Section 3(d) and ruled that:
ââŠ. The amended sectionÂ is not confined only to drugs as it deals with machines and apparatuses as well. However, we are clear in our mind thatÂ the portions of the amended section and the Explanation under attack are definitely referable only to the pharmacology field, namely, drugs.â (emphasis added)
The court also looked into the ruling of the Supreme Court in invalidation proceedings in Novartis SC and observed that:
â15. Thus, it was held in Novartis SC that the amendment of Section 3(d) by the Patents (Amendment) Act, 2005 was primarily and especially intended to deal with pharmaceutical products and agrochemical products.Â It does not, however, follow from the above that it only applies to pharmaceutical and agrochemical substances and not to biochemical substances.Â It was further held by the Supreme Court that the test of efficacy under Section 3(d) would vary depending on the product under consideration and that, in the context of pharmaceutical products, it means therapeutic efficacy. â
The Court considered the rival contention and the ruling of âNovartis DBâ and âNovartis SCâ and held that:
â18. The limited fallout of the above discussion is thatÂ the appellant may claim that the phytase variants for which it seeks a patent are new forms of a known substance.Â Even so, the appellant would not be entitled to a patent unless the appellant passes the filter of âresult in the enhancement of known efficacy of that substanceâ prescribed in the substantive provision dehors the Explanation.â
It clearly means that Section 3(d) bar also applies to biochemical products, including phytase and its variant in the âNovozymesâ case. Therefore, the applicability of Section 3(d) exception to phytase variants, as claimed in Claim 1-7, cannot be ruled out. This means that this invention falls within the hitting line of Section 3(d).
Applicability of Section 3(d) to specific kind of efficacy
The last question before the Court in relation to the dispute on the limits of the applicability of Explanation was whether Section 3(d) applies to any specific type of efficacy. To answer this question, the court used the ruling in the Novartis case, where the Supreme Court concludedÂ that the test of efficacy would be different depending on the function, purpose or utility of the product.Â The respondent Controller contended that phytase is an enzyme, and the enhancement of efficacy means no more than enhancement of the enzymatic activity of the phytase variant. Plainly stated the respondent Controller refused claims 1-7 for the reason that the expression âenhancement of the known efficacy of the substanceâ should be construed as limited to enhanced hydrolysis of phytate resulting in improved breakdown of the indigestible form of phosphorus to a digestible form.
The appellant contended that the enhanced thermostability, which is disclosed and supported by the description in the specification, should be considered by the Controller to assess the applicability of Section 3(d) explanation. The Court found sufficient material evidence to support and considered the improved thermostability of the phytase variants as enhanced efficacy and concluded that.
âSince increased thermostability precludes denaturation and enables production, storage and sale in pellet form,Â it enhances the known efficacy of the enzyme in aiding digestion, especially when used in animal feed.Â In my view, there is nothing in the text or context of Section 3(d) which supports the interpretation that enhancement of the known efficacy of the substance should be restricted to engineering or prospecting variants of phytase with inherently greater enzymatic activity over the reference phytase.âÂ (Emphasis added)
Quantum of efficacyÂ
This case would also be known for the Courtâs ruling on the quantum of efficacy. In this case, the court answered the question relating to marginal improvement of efficacy. In this context, the court ruled that âThe substantive provision, by contrast, only requires enhancement of the known efficacy with no indication as regards margin of enhancement.â The Court also quipped that.
âGiven that Section 3(d) applies to new forms of a range of known substances, even by way of guidelines,Â it may not be possible to fix a numerical value or percentage of enhancement that applies across the board, and this appears to be the position taken by the Patent Office in its guidelines.Â â
Accordingly, the only workable solution appears to be for the patent applicant âto establish that there is reasonable enhancement of efficacy to the satisfaction of the Controller of Patents, and reasonable enhancement may be defined as enhancement that is material from an improvement of efficacy perspective.â The Court applied this reasoning to allow the claims 1-7 of the patent in dispute as the Court found that ânumerical values were assigned to the claim of enhanced efficacy by adopting measurement units such as IF, and no objections were raised as regards materiality by the respondent.â
Takeaway points Â
The applicability of Section 3(d) to a particular case depends on the facts of that case. There are no rigid guidelines on what is essential to satisfy the requirement of enhanced efficacy of known substances. In the Phytase case, the court found the enhancement in thermostability supported by numerical data is sufficient to conclude that the claimed invention of the appellant satisfies the requirement of enhancement of the known efficacy of claimed phytase variants. The Court also ruled that there is no bar on the applicability of Section 3(d) to biochemicals. The expert opinion would be handy to get favourable results in relation to patent eligibility of the biomedical and biochemical products if they are likely to fall under Section 3(d).
The inclusion of a âmedia pluralism testâ is a very welcome innovation in the proposal for a European Media Freedom Act, but to succeed, some changes at the Board level are needed, write Karim Ibourki and Mark Dempsey.
Karim Ibourki is a board member of the European Regulators Group for Audiovisual Media Services (ERGA) and president of the Conseil supĂ©rieur de lâAudiovisuel. Mark Dempsey is a senior EU advocacy officer at the free speech organisation ARTICLE 19.
In September 2022, the European Commission took an important step towards safeguarding media independence and pluralism in the European Union by proposing a Media Freedom Act (EMFA). Heralded as the first of its kind, it is a regulation which provides âcommon safeguards to protect media freedom and pluralism in the EUâ. The EMFA presents a unique opportunity to address many of the mounting challenges faced by the media across the EU â from threats to editorial independence to media capture by powerful political and economic interests.
In latest years, the concentration of media ownership has been an increasing problem across many countries of the EU. Without proper supervision to ensure editorial independence and media freedom, concentration presents a serious challenge for media plurality and independence: as the number of diverse and independent outlets decreases, media capture becomes more likely.
Uniting the free speech organisation ARTICLE 19 and Karim Ibourki, Board Member of the European Regulatorsâ Group for Audiovisual Media Services (ERGA) and President of the Conseil supĂ©rieur de lâAudiovisuel Â is a shared interest to ensure the best possible outcome of the current negotiations with regards to the media pluralism test for media mergers, one of the main novelties of the EMFA. The concentration of economic power in the hands of a small number of players has already proven dangerous for freedom of expression and media freedom in several countries in the EU. At it currently stands, national rules that govern media mergers vary greatly. About half of the EU member states do not consider the public interest element in their assessment of mergers, and only a handful of those refer specifically to media plurality. This fragmentation harms the internal market, the business models of media outlets and EU citizens. Article 21 of the EMFA aims to change this. The introduction of a media pluralism test for media mergers lists three criteria that must be used in the assessment: the effects of the merger on the formation of public opinion and on the diversity of media players, the extent to which safeguards for editorial independence are in place and whether there are alternative avenues available to ensure the economic sustainability of the entities involved.
The media pluralism test is a welcome and much-needed move; it acknowledges the fundamental role that diversity, independence and sustainability of the media play in a functioning democracy. It will increase the legal certainty for economic operators and create a level playing field across member states. Most importantly, it will allow citizens to benefit from access to similar quality media services, regardless of where they are in the EU, ensuring that even in smaller and less resilient media markets, the diversity and plurality of media will be the fundamental objectives that the regulators will have to consider.
Article 21 is up for discussion in the inter-institutional negotiations (âtriloguesâ) at the end of November, and we believe that there is room for some improvements. For example, we call for increased independence of the European Board of Media Services (âthe Boardâ), the successor body of ERGA. The Board must be able to issue opinions on mergers that may significantly affect media pluralism and editorial independence on its own initiative and not only upon request of the European Commission, as the current proposal states. This is vital to ensure the full independence of the Board and maintain its credibility as a body acting in the interest of the EU internal market.
The Board will have several important roles, not least to produce guidelines to ensure the three criteria outlined in Article 21 are well understood and applied consistently across borders. It will be crucial that the guidance is clear in instances of conflicts between the criteria when not all can be achieved at once.
We sincerely hope that the EMFA is concluded before the end of this current legislative term and recognise that the media pluralism test will take time to âbed inâ. Some level of experimentation and learning will be required, but working together with independent national regulatory authorities, it is paramount that transparency is a key characteristic in what will be initially a novel exercise.
Lastly, it is important that the future European Board for Media Services is provided sufficient resources and an effective independence to properly fulfil its new duties under the EMFA. In this context, the consultations with civil society organisations like ARTICLE 19 and others will be relevant and highly valued for its members.
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