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PLI scheme for electronics manufacturing sees incremental investment of Rs 8,390 CrG20 finance leaders agree to tax super-rich but forum not yet readyDPIIT promotes green logistics industry balancing economic growth and environmentIndia, US ink pact to stymie illegal trafficking of cultural propertyRailways expands tracks by 31,180 kmFroth in Yamuna river: Delhi complains to Centre against UP and HaryanaGovt to enhance reach of Indian Digital Public InfrastructureFormer BJP Minister says BJP has totally failed as Opposition in KarnatakaGovt provides incentives to small tea growersEU penalises 5 countries for infringing budget rulesI-T-Transaction involving transfer of unutilised shares cannot be deemed to be sale of shares so as to attract levy of Long Term Capital Gain u/s 112: ITATChina says Relations with Japan at critical stageST - Once the activity of appellant that is of forfeituring the amount of earnest money is not a declared service, question of retaining said money as consideration for rendering such service becomes absolutely redundant: CESTATEU medicines regulator disapproves Alzheimer’s new drugSC says no restrictions on voluntary name banners along Kanwar route eateriesFM favours debt reduction but sans affecting economic growthKargil Victory Day: PM warns Pak against practising terrorismChina pumps in subsidies worth USD 41 bn into car sectorMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SC

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Served From India - Not Really Yummy - Bombay High Court upsets 'Yum Restaurants'


Judicial Precedents are passe

These days no adjudicating authority cares for judicial precedents. A rookie AC can cock a snook at the supreme court's judgment, without even giving reasons. Such practice cultivated for couple of decades will be so deeply entrenched by the time these rookies become high ranking officers. Even specific directions given by the courts are "interpreted" to suit the adjudicating authority's convenience.

Officers are too busy to read entire judgment, whether submitted by the assessee, or unearthed by the officer (or his superintedent) himself. Head notes written by the editorial team of journals or websites are copied and pasted in the orders, in lieu of relying on relevant portion of the judgments. As long as the orders are against the assessees, there is nothing to fear. No increments are cut, nor promotions denied. Why bother to take trouble to pass well reasoned orders and adhere to judicial precedents, when any bunkum can be palmed off as an adjudication order?

Gururaj B N 10/09/2015

 

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Dr. Shailendra Kumar, Chairman, TIOL Knowledge Foundation, addressing the gathering



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.