Thursday, December 25, 2014

OLd YEar bLUES - GST a quixotic move > . et al

new year
Prattle , Platitude ?!

Jan 5

'Labour laws in India need to be amended'

Some of the labour laws in the country are really obsolete, dating back to the pre-Independence era, and they need to be changed forthwi... »

Quotes About Right Or Wrong (7 quotes) - Goodreads

a quixot 1323

<> Today, whether lIke it or not, we live in a world of paradoxes, inescapable contradictions, and inevitable compromises. Just the other day as the Minister of State for Finance, in his interaction with banking industry under the aegis of ‘Gyan Sangam’, is reported to have, claiming   his government  as of (FOR ?)the poor, with the same breath qualified it to be ‘pro-business’.

In politicking,  everything  is ‘right’ (ist) or ‘left ‘(ist)  ; no such concept as ‘wrong’.
No wonder that, lately, even the judiciary has perforce been veering round and leniently favoring the idea of ‘updating construction’’ –  in any matter of  legal dispute, coming up for  judicious adjudication. To be precise, the increasingly  favored   'principle' is that, notwithstanding the 'letter' (of the law), the presumption chosen to be gone by is that Parliament intends the court to apply to an ongoing enactment (e.g. tax law) a construction that continuously updates its wording to allow for changes- mainly, socio-economic changes.  In other words, as a puritan may wish to bluntly put it, with a tinge of remorse, there is no such thing , right or wrong, any longer.
Over to legal pundits, if hold any different view.                     


Basements can be sold and registered independently in Haryana

The narration of the instant apex court verdict is too confusing to prove brain teasing; rather the already obtaining large scale confusion happens to be worse confounded. Especially, to anyone who has read and is expected to have a reasonable understanding of the special law in force in most of the States applicable to multi-unit building complexes. To give a hint, the very concept of, -'basement', generally and broadly denotes the floor space meant for car parking; further, is to be sold / conveyed only to the unit purchasers, for a price, along with the unit to which it is regarded as appurtenant. So much so, anyone wanting to know the true legal implications of the instant SC case would be obliged to first ascertain what the domestic law of that state, if any applicable to units says; also, to closely read the judgment if and when reported, so as to understand it in proper light/background.
This is not the first instance when the Press has sought to project a court verdict as sensational news of ordinary type, presumably having no idea at all, of the setting in law in which the ruling has been rendered. Looking back, what comes to mind is the SC decision in the earlier reported notorious Nahalchand Case.

A critique of that court case may be found to have been published and available in public domain, for the common good –

LAW vs CASE LAW 2014(3) Kar.L.J. 1-48

Also HERE -


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In fact, it is noted, on the first blush, prima facie, the view (on the primary issue) in Nahalchand's case the apex court has taken is diagonally opposite to the view now taken in the instant case. Further, the impression sought to be given that the ruling in the instant case brings relief to buyers may prove an illusion; for that fails to bear in mind, in the ultimate analysis, from the viewpoint of the 'common good', it might not turn out to be so.


Some States may get more time to join GST: Shaktikanta Das 

Some States are likely to get up to a year more to join the Goods and Services Tax (GST) regime after its introduction on April 1, 2016. A transitional provision has been prescribed in the Constitution Amendment Bill*, introduced in the Lok Sabha last Friday.>
^* ?

Whatever be the impediments, the indicated move prima facie sounds a non-starter ! For, GST , as understood, has the predominant objective of consolidating and streamlining the taxation of transactions involving movement of goods and services inter states i.e. Octroi, Sales tax, and Service tax. Instantly, a common thinker is obliged to frightfully imagine a train on its track, given signal to start, despite the couplings between a few of its coaches  having been de-linked?

May be, the brain(s) behind do(es) have a vision of own, to explain what exactly is the projected plan!

Tail Note:

This again marks a partial roll back; climb down in quick succession, in an obvious attempt to succumb to a compromise, even at the cost of sacrifice in principles . Preceded by a novel dual GST regime- not common or known before elsewhere across the Globe. 
Poser: Do not these entail a discrimination between business community in States; and potentials for a palpably dreadful creation of an imbalance  amongst the States, inter se ?

More importantly, as is imagined, there could be perennial, irresolute problems of all kinds, in cohesive implementation and administration of the GST regime, by each state , so also all states put together- True or Not ?


economy, business and finance  »  taxation and taxes  »  sales and service tax

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