On the occasion of the Bombay High Court’s 150th Anniversary, the author pays rich tribute to the judicial independence and integrity of the Bombay High Court and recollects the stellar contribution of the tax professionals in bringing glory to the High Court. This is the time for all professionals to re-dedicate themselves to the cause of the Judiciary exhorts the author
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Taxaholic’s The Week That Was – 1
Get up to speed with the latest developments in the World of Tax. This week, the author wonders whether it is time to write an obituary for the DRP. Also another body-blow on the reopening front should shake the Babus of Aaykar Bhavan out of their reverie. And yes, don’t forget to tighten your seat belt because the CBDT Chairman’s missive on recovery might just prompt the AO to demand that you pay up that long outstanding arrear
10 Easy Steps to Nirvana of "Sulabh Nyay Satvar Nyay"
The author trains his guns again on the proposed National Tax Tribunal and makes out a compelling case on why it should never be implemented. Instead, a different approach is required to solve the problems of delay and cost in justice delivery says the author. The ten-point agenda formulated by the author will, if implemented in true earnest, deliver us the Nirvana of “Sulabh Nyay Satvar Nyay” (Simple justice, Speedy justice) assures the author
Aditya Birla Verdict: End of Mauritius Honeymoon Or Just Shoddy Planning?
The author argues that the adverse outcome of the Aditya Birla Nuvo matter was the result of shoddy drafting of the JV agreements by AT&T’s lawyers which the department’s lawyers exploited to the hilt. But its too early to write an obituary for the India-Mauritius DTAA says the author
Judge No Judge
The author adds his voice of reason to the strident debate on the pros and cons of the Lokpal bill. The author argues that while the proposal to bring the judiciary under the scrutiny of the Lokpal is well-intentioned, it will adversely affect the fearlessness and independence of the judiciary and have disastrous consequences. Instead, the author suggests measures to curb corruption in the judiciary
What, Me Accountable?
The author lashes out at the proposal of the Government to enact a new law to regulate lawyers, claiming that it will be an immense waste of public money. Instead, if the Government is really serious of protecting the interests of the public, then there is a series of steps it can take under the existing legislation to promote the rule of law and enhance standards in the profession, says the author
Yes, a Court, But Why No Power To Punish For Contempt?
The author raises the seminal question as to why, while the Tribunal has all the trappings of a Court, does it not have the power to punish for contempt. He cautions lower authorities that the lack of contempt power is no reason for not following the binding judgements of the Tribunal. He also makes a fervent plea to all practitioners to uphold the honour & dignity of the great Institution
Service-tax On “legal Consultancy Service”: Compliance Guide (Revised 28.04.2011)
Despite vehement protests by the legal fraternity, service-tax on legal consultancy services has become a reality. The author, an eminent expert in service-tax law, has prepared this Guide to bail out bewildered lawyers wondering how to comply with their newly-imposed service-tax obligation. A pdf copy of the Guide is available for download
Dear Department, Thank You For Giving Us Infinite Stay Of Demand
he author argues that the verdict of the Special Bench in Tata Communications vs. DCIT that stay of demand can be extended by the Tribunal beyond 365 days is the result of inept handling by the department. He calls the situation a “fiasco” for the department and dishes out advice on what can be done to remedy the situation
What, Me Pay Service Tax?
The author is indignant at the proposal in the Finance Bill 2011 to levy service tax on lawyers. The practitioners of the noble profession are “Officers of Court” and not providers of a crass commercial service, argues the author. To levy the tax on “accrual” basis is deplorable and adds insult to injury claims the author pointing out that the proponents of the World’s second-oldest profession have been following the “receipt” system since time immemorial. The author implores Parliament to introspect carefully before giving sanction and warns that this ill-conceived provision stands a serious risk of being declared unconstitutional