Year: 2010

Chanakayagiri & The Art Of Tax Recovery

The author expresses concern over the rampant use of rough-neck techniques for recovery of tax dues. Despite severe reprimand by Courts, there is no improvement in the Department’s behaviour muses the author. The author advises the department to adopt Chanakya’s techniques for recovery and assures that this will benefit the department in the long run

Posted in legislation

Wanna Fix DTC 2010? Grab This Chance!!

The DTC 2010 has had its fair share of criticism. Before DTC 2010 is steam-rolled into Law, its detractors have a last chance to voice their grievances before a Select Committee which promises to look into all issues objectively. The author urges all tax payers to make the most of this opportunity and starts off by listing a litany of grievances

Posted in legislation

Lawyers And CAs Are the New Warriors!

The author says that modern day battles are fought in the court room and that lawyers and CAs are the new warriors. He lauds the efforts of the National Tax Moot Court Competition which hones the skills of budding professionals but says that the time has come to debate whether the desired objects are being achieved or there is some other way to benefit young professionals

Posted in judiciary

Dear DTC 2010: Whither Promised Land?

The Author rues that the Direct Tax Code 2010 is a golden opportunity gone waste. What could have been a revolutionary exercise in tax reforms has been reduced to a pedestrian re-numbering of sections, agonizes the author. But, eternal optimist that he is, all is not lost, says the author and sets out an 11-point agenda to salvage the DTC 2010. Is the draftsman listening?

Posted in legislation

Beware The ‘Force Of Attraction’

The author argues that non-residents dread the ‘Force of Attraction’ rule in Double Taxation Avoidance Agreements because it permits the taxation of income arising outside the Contracting State. The ‘Force of Attraction’ rule can also create an anomalous situation where an assessee may be better off under the domestic law than under the tax-treaty law, says the author

Posted in judiciary, legislation

Fret Not, Mr. FM, About Appeal-Filing Mania

The Finance Minister publicly expressed his anguish at the mounting number of frivolous cases filed by the department which are choking the Courts. The author, a public-spirited citizen ever eager to help the FM in such matters, puts on his thinking cap and formulates a 12-point agenda to cure the malaise. If implemented in real earnest, the mindless filing of departmental appeals will cease, assures the author. Is the FM listening?

Posted in judiciary, legislation

All Hail The Temple Of Justice!!

The Author fondly refers to the Tribunal as ‘Mother’ and urges that by the time its Platinum Jubilee is celebrated, it must be regarded as the finest legal Institution in the Country. It is possible, he says, if the Bar and the Bench play their part!

Posted in judiciary

Profits, Yes, but whither duty to Country?

The author is full of praise at the clarion call of the new Chief Justice of India that one must put duty to the Country before duty to the self. Inspired, he has formulated a 10-point agenda and implores us to follow it in the right spirit to bring some nobility into the noble profession

Posted in judiciary

What, Me Retire?

The author is indignant at the proposal of the Government to discriminate between the retirement age of heads of Tribunals and the retirement age of other Members. He argues that it is illogical to have different retirement ages for members of the same Institution. He, however, is in favour of a general increase in the retirement age and argues that retirement at an age when the Judges’ intellectual faculties are at their peak results in a sheer waste of abilities, expertise and experience

Posted in judiciary

Sam, Nandan .. we have a problem!

The author, who is usually very critical of the Government for its indifferent attitude to the Judiciary, is full of praise this time at the grant of Rs. 5,000 crores in the Budget for modernization of the justice delivery system. He urges that much more has to be done and makes the radical suggestion that visionaries like Sam Pitroda and Nandan Nilekani should be nominated to prepare a road map to reform the judicial process

Posted in judiciary

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