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Rajesh Kumar (Advocate) - Articles Advocate- Taxation & Corporate Laws
I am an advocate practicing in the field of Indirect Taxation (Central Excise, Customs, Service Tax), Corporate Taxation, Transfer pricing & International Taxation, FEMA and Foreign Trade Policy and other commercial & economic laws. I have experience in these areas, firstly as Indian Revenue Service officer and later as Consultant & Advocate to handle these matters. I head a full service law firm, in the name of Rajesh Kumar & Associates, who takes up matter in these areas. I am also into writing on these laws & other areas of law, and many of my papers has been published in journals, like Excise Law Times, Service Tax Review, The Hindu, Economic & Political Weekly, Combat Law, Legal News & Views etc. I am a regular columnist on News & Reviews, providing updates on Indian Laws. I love to interact with people having something original to say. E Mail: custom.excise@gmail.com Web: www.rajeshkumar.co.in Sort By: Date | Popularity
 White paper on GSTGovernment of India unveiled today First Discussion Paper on Goods and Services Tax.
GST has been the preferred mode of taxation of goods and services and has been introduced in more than 140 countries. Most countries have single GST rate, however some countries like Canada & Brazil has dual GST structure. White paper proposes dual structure for GST in India. Standard GST rate in most countries vary between 15-25%. Interest on irregular Cenvat taken or utilizedSometime Cenvat Credit taken by the assessee is found to be irregular or illegal. The amount of credit is required to be reversed. Whether interest will be payable on such reversal, if the assessee has only taken the credit and not utilized it. DIRECT TAX CODE, Changes in Transfer pricing regulationsTransfer pricing between associated enterprises has always been a cause of friction between tax assessor and tax payer. With the share of associated enterprises trade increasing day by day (one estimate put that more than 65% of the international transaction are between associated enterprises), the price at which goods and services are transferred to associated enterprises (transfer price), its determination and its effect on tax revenue of a nation is very large. New Foreign Trade Policy: 2009-14The Commerce Minsiter unveiled Foreign Trade Policy 2009-14. The policy takes into consideration grim scenario of global trade in last 4 quarters and takes initiatives to redress the situation. The policy aims at US $ 200 billions export by March 2011. The long term objective is to double the share of India in Global trade from the present level. The salient feature of new policy is as follows: BINDING EFFECT OF PRECEDENCE & CONTEMPT OF COURTAssessee faces a peculiar problem in departmental adjudication- even when the law declared by the higher judicial authority is squarely in favour of the assessee, the departmental adjudicating authority skirts those precedence. Such approach of the departmental adjudicating authority results in protracted litigation and harassment of the assessee without any benefit to the department. CUSTODIAL VIOLENCE (An enquiry into its causes)Governance in democracy is based on popular will. Nevertheless, violence is known to have been used to sustain governance when the government of the day is not sustaining on popular will. The excesses during the time of emergency is a point to be noted. Higher amount of violence in terrorist infected areas are also based on this doctrine. The fear of police has to be maintained for this purpose. Discretion: Root cause of CorruptionIt is this discretion, which is root cause of corruption. So it is necessary that even at the stage of formulation of laws, proper verifiable limitations be placed on these discretions and proper and effective remedy be given in the hand of affected citizenry so that abuse of these discretion and resultant corruption may be effectively checked. Powers of the TribunalIt is said that Tribunal is not a Court. Let us try to define the term Court. This term has not been defined in any of the statutes, hence we have to rely upon the definition of the term given by the judicial determinations. On the basis of judicial ruling in case of S D Ghatage v. State of Maharashtra [AIR 1977 Bom 384], these are the basic characteristics of a Court DEPARTMENTAL ADJUDICATION (A Mockery of Justice)Although natural justice is fair procedure, that fair procedure is not known to anybody. It cannot be put in a straight jacket formula. Once it cannot be put into straight jacket formula, it cannot be told to the defendant in advance that this will be the procedure followed by the adjudicator. Thus the defendant will be defending himself without knowing the procedure of adjudication. PROCUREMENT OF CHEQUE BY DEPARTMENT: IS IT LEGALThe modus operandi of this practice is simple. An assessee is summoned in the name of investigation. He is coerced to pay the amount. Sometimes he is physically assaulted also. He is threatened by the officers that if he does not admit his duty liability and pay the amount immediately, he will be arrested. Under such threat and coercion, the assessee gives a cheque to the department.
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