Taxmann S Interpretation Of Taxing Statutes Treatise To Understand Legislative Intent Interpretation Strategies Covering Rules Literal Golden Mischief Approaches Plain Purposive
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Taxmann S Interpretation Of Taxing Statutes Treatise To Understand Legislative Intent Interpretation Strategies Covering Rules Literal Golden Mischief Approaches Plain Purposive
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Author : Dr. K.N. Chaturvedi
language : en
Publisher: Taxmann Publications Private Limited
Release Date : 2024-04-02
Taxmann S Interpretation Of Taxing Statutes Treatise To Understand Legislative Intent Interpretation Strategies Covering Rules Literal Golden Mischief Approaches Plain Purposive written by Dr. K.N. Chaturvedi and has been published by Taxmann Publications Private Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-02 with Law categories.
This book enables the reader to understand the complex world of statutory interpretation, especially in the context of taxation laws. This book analyses the intricate relationship between legislation and its interpretation by the judiciary, underscoring the critical role that statutory law plays in contemporary society. It highlights the challenges judges face in deciphering the often opaque language used in statutes. The book stresses the importance of understanding legislative intent and the various approaches to interpretation, such as the literal rule, golden rule, and mischief rule, while also introducing the reader to more modern methodologies like the plain meaning approach and purposive approach. This book is tailored for a broad audience, including tax practitioners, lawyers, judges, academicians, and policymakers. Its comprehensive coverage of both foundational principles and contemporary developments in tax law interpretation makes it an invaluable resource for those engaged in the legal, academic, and practical aspects of taxation. The Present Publication is the 2nd Edition, authored by Dr. K.N. Chaturvedi, with the following noteworthy features: • [Highlights of the 2nd Edition] are as follows: o [Updates] Discusses the developments in tax policy and interpretation since 2008, including the implementation of the GST regime in India and global tax law alignments like GAAR and MLI o [Judicial Decisions] Discusses recent Supreme Court decisions on key aspects of the Income-tax Act, 1961, and analyses the judicial stance on tax exemptions and deductions o [New Content] Introduces chapters on Tax exemptions and DTAA, updates on customs tariff classifications, and discussions on the simplification and rationalization of direct taxes o [Legislative Changes] Notes the enactment of the Provisional Collection of Taxes Act, 2023, which updates the 1931 Act, reflecting ongoing legislative evolution • [Judicial Scrutiny and the Art of Drafting] It presents examples from judicial pronouncements that critique legislative drafting, illustrating this with case laws, and discusses the resulting judicial efforts to interpret ambiguous statutes • [Legislative Language and Public Understanding] The debate on whether laws should be written in plain English is addressed, with opinions suggesting that simplifying legal language may not necessarily benefit the general public due to the complexities of legal interpretation and context • [Evolving Principles of Judicial Interpretation] The book notes a shift from traditional rules of statutory interpretation (literal, golden, and mischief rules) towards more nuanced approaches like plain meaning, contextual, and purposive interpretations, reflecting a broader and more flexible understanding of legislative texts • [Comparative Analysis of Statutory Interpretation] This book discusses interpretation practices across common law countries (the United Kingdom, Canada, Australia, the United States, and India), highlighting differences and commonalities in approaches • [Structural Overview of Tax Law] Early chapters provide an in-depth look at India's tax system, the constitutional framework of taxation, the legislative process for tax statutes, and the structural anatomy of an Act, laying a foundation for understanding statutory interpretation in the context of taxation The detailed contents of the book are as follows: • Tax System in India o The book begins with an exploration of the principles of rule of law and governance as they relate to taxation o It discusses the complexities of statutory interpretation, specifically within the realm of taxation laws o An in-depth look at the various tax systems in India, including service tax, income tax, and other significant taxes o Attention is given to state taxes and the introduction of new tax laws, illustrating the evolving nature of tax legislation • Constitutional Provisions Relating to Taxation o Delivers a foundational understanding of what constitutes a tax and the necessity of legal authority for its levy and collection o Examines constitutional remedies in tax matters and differentiates between tax, fee, and cess o Details the distribution of legislative powers between Parliament and State Legislature, including competence to tax and specific taxes like income tax, sales tax, and excise duty on liquor o Addresses the interpretation of legislative entries, the concept of pith and substance, and the limits of taxing power, including instances where statutes have been held constitutional or unconstitutional • Various Stages of Law-Making and Their Relevance as an Aid to Interpretation o Offers insight into the law-making process, the relationship between policy and drafting, and the introduction and types of bills o Discusses the significance of presidential recommendations, accompanying documents for taxation bills, and various memorandums and notes that provide clarity to legislative intent o Explores how statutory interpretation is influenced by law commission reports, taxation committees, parliamentary committees, and speeches by legislators • Structure of a Taxing Statute o Provides a comprehensive guide to drafting taxing statutes, including the importance of the title, preamble, and definition clauses o Explains the roles of legal fiction, headings, marginal notes, explanations, provisos, schedules, and the power to remove difficulties in tax legislation • Tax Interpretation of Exemption Provisions o Discusses the preliminary aspects, constitutional provisions, and complexity of tax exemption provisions o Emphasizes procedural safeguards, judicial review, flexibility in designing exemption provisions, and interpretation of these provisions o Covers tax incentives and the concept of legitimate expectation in tax law • DTAA and International Taxation o Introduces Double Taxation Avoidance Agreements (DTAA) and their role in international taxation, including Supreme Court rulings on the matter o Details the new scheme of international taxation, amendments to the Income-tax Act, and specific sections pertinent to international agreements o Explores the interpretation of DTAA and the Multilateral Instrument (MLI), as well as significant judgments related to international tax law • Different Approaches to Interpretation o Expounds on the basic principles of statutory interpretation and compares the approaches taken by various jurisdictions, including the United Kingdom, Australia, Canada, and India • Tax Evasion, Tax Avoidance, and Tax Mitigation o Addresses the distinctions between tax evasion, tax avoidance, and tax mitigation o Details the statutory framework on tax avoidance, including General Anti-Avoidance Rules (GAAR) and transfer pricing provisions • Aids to Interpretation o Discusses general, internal, and external aids to the interpretation of tax statutes o Outlines general presumptions relevant to the interpretation of tax laws, including presumptions about constitutionality, retrospective effect, exemption provisions, and implied repeal o Includes a discussion on the use of Latin maxims and the significance of popular, ordinary, and technical meanings in statutory interpretation • Simplification and Rationalisation of Direct Taxes o Covers efforts towards simplifying and rationalizing direct taxes, including the roles of various committees, commissions, and reports from the Comptroller and Auditor General (CAG) and Public Accounts Committee (PAC) o Reviews the Direct Tax Code Bill 2010 and outlines key concepts for the future of tax law simplification
Commentary On The Constitution Of India
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Author : Dr. P.K. Agrawal & Dr. K.N. Chaturvedi
language : en
Publisher: Prabhat Prakashan
Release Date : 2020-01-01
Commentary On The Constitution Of India written by Dr. P.K. Agrawal & Dr. K.N. Chaturvedi and has been published by Prabhat Prakashan this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-01 with Biography & Autobiography categories.
Dr. P.K. Agrawal is firstclass first in law and a gold medalist from University of Allahabad in 1973. He started his career as a lecturer in law. He did LL.M. from Calcutta University when he was the District Magistrate in IAS cadre of West Bengal in 1987. He was awarded D.Phil in Law from Allahabad University in 1992 for review of land laws of Uttar Pradesh. Dr. Agrawal worked as Joint Secretary, Department of Justice, Ministry of Law and Justice, Govt. of India from 1997 to 2002, where he tried to implement judicial reforms. He was also a member of threemen drafting committee of the I.T. Act. Dr. Pramod Kumar Agrawal is a prolific writer of Hindi and English and has sixty books to his credit. He worked as an Advocate and partner after retirement with Khaitan & Company, a leading law firm. At present, Dr. Agrawal is the Managing Partner, VAS GLOBAL, a New Delhi based law firm.
The Great Fiction Property Economy Society And The Politics Of Decline
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Author :
language : en
Publisher: Laissez Faire Books
Release Date :
The Great Fiction Property Economy Society And The Politics Of Decline written by and has been published by Laissez Faire Books this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Economics And Ethics Of Private Property
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Author : Hans-Hermann Hoppe
language : en
Publisher: Ludwig von Mises Institute
Release Date : 2006
Economics And Ethics Of Private Property written by Hans-Hermann Hoppe and has been published by Ludwig von Mises Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
Contemporary Issues In Multidisciplinary Subjects Volume 1
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Author : Sruthi. S
language : en
Publisher: RED'SHINE Publication. Pvt. Ltd
Release Date :
Contemporary Issues In Multidisciplinary Subjects Volume 1 written by Sruthi. S and has been published by RED'SHINE Publication. Pvt. Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on with Antiques & Collectibles categories.
Constitution Of India
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Author : K. N. Chaturvedi
language : en
Publisher: CreateSpace
Release Date : 2015-02-24
Constitution Of India written by K. N. Chaturvedi and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-24 with Law categories.
The Constitution of India.By the Ministry of Law and Justice, The Govt. of India. Good book to possess.
Making Economic Sense
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Author : Murray Newton Rothbard
language : en
Publisher: Ludwig von Mises Institute
Release Date : 2006
Making Economic Sense written by Murray Newton Rothbard and has been published by Ludwig von Mises Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Economics categories.
Anagram Solver
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Author : Bloomsbury Publishing
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-01-01
Anagram Solver written by Bloomsbury Publishing and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Games & Activities categories.
Anagram Solver is the essential guide to cracking all types of quiz and crossword featuring anagrams. Containing over 200,000 words and phrases, Anagram Solver includes plural noun forms, palindromes, idioms, first names and all parts of speech. Anagrams are grouped by the number of letters they contain with the letters set out in alphabetical order so that once the letters of an anagram are arranged alphabetically, finding the solution is as easy as locating the word in a dictionary.
Stupid Humanism
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Author : Christine Hoffmann
language : en
Publisher: Springer
Release Date : 2017-11-08
Stupid Humanism written by Christine Hoffmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-08 with Literary Criticism categories.
This book frames the undeniably copious 21st-century performances of stupidity that occur within social media as echoes of rhetorical experiments conducted by humanist writers of the Renaissance. Any historical overview of humanism will associate it with copia—abundance of expression—and the rhetorical practices essential to managing it. This book argues that stupidity was and is a synonym for copia, making the humanism of which copia is a central element an inherently stupid philosophy. A transhistorical exploration of stupidity demonstrates that not only is excess still the surest way to eloquence, but it is also just the kind of spammy, speculative undertaking to generate a more generous and inventive comprehension of human and nonhuman relationships. In chapters exploring the rhetorics of memes, attack ads, public shaming blogs, clickbait and gifs, Stupid Humanism outlines the possibilities for a humanism less invested in the normative logics that enshrine knowledge, eloquence and linear development as the chief indicators of an active, articulated selfhood and more supportive of a program for queer knowledge, trivial pursuits, anti-social ethics and the curious relationships that form around and in response to abundance of expression.
Deception
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Author : Adrian Levy
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2010-08-10
Deception written by Adrian Levy and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-08-10 with Political Science categories.
The shocking, three-decade story of A. Q. Khan and Pakistan's nuclear program, and the complicity of the United States in the spread of nuclear weaponry. On December 15, 1975, A. Q. Khan-a young Pakistani scientist working in Holland-stole top-secret blueprints for a revolutionary new process to arm a nuclear bomb. His original intention, and that of his government, was purely patriotic-to provide Pakistan a counter to India's recently unveiled nuclear device. However, as Adrian Levy and Catherine Scott-Clark chillingly relate in their masterful investigation of Khan's career over the past thirty years, over time that limited ambition mushroomed into the world's largest clandestine network engaged in selling nuclear secrets-a mercenary and illicit program managed by the Pakistani military and made possible, in large part, by aid money from the United States, Saudi Arabia, and Libya, and by indiscriminate assistance from China. Based on hundreds of interviews in the United States, Pakistan, India, Israel, Europe, and Southeast Asia, Deception is a masterwork of reportage and dramatic storytelling by two of the world's most resourceful investigative journalists. Urgently important, it should stimulate debate and command a reexamination of our national priorities.