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itatonlineAnother Vodafone Like Instance >
Bhoruka Engineering Inds. Ltd. vs. DCIT (Karnataka High Court)
S. 10(38): Scheme of sale of land through sale of shares of shell company is valid
Good development - A Proper Elucidation of Law !
(Click Here To Read More)
SG
17th June
Tax payer can manage his affairs to reduce tax liability within the frame work of law
<previous
ICL
Petrodel v Prest: Lord Sumption’s Masterly Analysis of the Corporate Veil
To share more: What is imperative and needs to be realised, in the very interests of a proper administration, so also adjudication, is that, -“avoidance” and “evasion”, in the context of fiscal laws, are two distinct rather distinguishable concepts. And that it is so, howsoever thin or thick the line of distinction is considered, or in individual perception imagined, to be. Once that distinction is the premise to proceed with, then it becomes a matter for adjudication by quasi -and judicial authorities to decide , by taking an objective but soulfully balanced view, as to whether a given case is one of ‘avoidance’ , hence does not come within the reprehensible mischief of ‘evasion’, or vice versa. Anyone is sure to find that the clues and guidance eminently provided in decided cases, also by the apex court, that too in great details, are more than adequate for reducing the rigor of , even if not eliminating, the on-going controversy , to the best of human intellect or endeavours. In short, otherwise, the inevitable but avoidable unsavoury consequence can only be what has ostensibly been implied, foreseen or prophesied, by whatever name called, in the concluding part of the write-up.
vodafone
update
Vodafone Is A Tax Dodger – Don’t Spare It: T. K. Arun
(Click Here To Read More)
Linked-in
A related story:| < Apple CEO Says Tax Practices Are Proper |
Avoidance v Evasion - debate to go on to eternity >>>>>>>
Ref. Tax Avidance Is Legal
(NAP Book We , the Nation THE LOST DECADES)
BL Update
22nd MayTax row: Cabinet to consider Vodafone peace plan
But Vodafone says unsure of reaching ‘acceptable resolution’ »
<previous
Spare Vodafone – Save Thousands of Jobs: Ex-Chief Justice Kapadia
(Click Here To Read More)
<> In a jugular vein:
Quite commonly one comes across enthusiasts, to be precise, the growingly flourishing tribe in modern times, socalled self-professed PROFESSIONAL AND OTHER activists, They stand out from the rest of the society; in that, often try to push through own view, -EVEN IT BE ON ANY TOPIC INVOLVING OR WEAVED AROUND ANY ISSUES/POINTS OF LAW REQUIRING EXPERTISE AND EXPOSURE, AT LEAST TO SOME EXTENT, - on any topic, of controversy or otherwise, prima facie if sensational, in life, as if that were the only possible view which could rightly be taken, blatantly forgetting own competence or lack of it to do so.
Episode 1 :An impressive Insurance company Ad. comes to mind. About a cricket player of his stature, Dravid, that used to be telecast with an obstinate repetition over the electronic media not long ago.
Briefly: that is a friendly chat, while on a morning routine of twosome engaged in jogging.
An old plump lady in her tight fitting sports attire nonchalantly volunteers to give a piece of her advice to the other, marked by an expert's tone; but on a matter (i.e. insurance) in which she could hardly be believed to have, even remotely, any knowledge, much less so equipped as fit to tender any useful advice or guidance to others.
Dravid , in his familiar charismatic tone, quips: I know madam, there are many who are waiting in the corner to express opinion or venture free advice. But it is for the advised to judge and decide whose advice to listen to and take.
Episode 2. Another instantly recalled is that of an old villager and his donkey (D). He has his animal heavily laden walking alonside. A passer by asks him is he not being cruel. Impressed by the sense behind, unloads the entire burden, carries it on his own back, with D walking free alongside. After a while, another passerby accosts him- why he at that age should walk, also carry the burden himself; instead why not mount the animal and have a ride. Oldie again thinks -the adviser must be a sensible guy. What he does this time is to get on the back of D and goes for the ride; but with the load still on his back. So the journey (the story as well) goes on and on to a fateful end.
For the rest of it, better seek and ask the villager himself.
Turning to a far better wise -crack:
To fit into the context, -
It has been said that there are (BY AND LARGE) two kinds of (MIND SETS) in the world- (THAT OF ) those give advice (OR FEEDBACKS, SUCH AS BY WAY OF OWN COMMENTS OR REACTIONS) . and those who do not take it. One (MAY, WITH PROFOUNDLY GOOD INTENTIONS OR SINCERE WISH, DRIVEN BY MOTIVATION AIMED AT THE COMMON GOOD, propose to belong to the first category. IF THAT IS DONE in the FERVENT hope that THE READAERS will not belong to the second.
"Education has been called the technique of transmitting civilization. In order that it may transmit civilization it has to perform two major functions: It must enlighten the understanding , and it must enrich the character."
Now, the subject matter (NAMELY, WHETHER ANY RETROACTIVE AMENDMENT OF LAW IS RIGHT OR WRONG , or in any case, WHAT IS THE BETTER VIEW) herein is solely / exclusively one which has to be, in the nature of things, necessarily considered or deliberated, keeping in focus,-
(A) what the provision of law presently says ;
(B) is there any ambiguity of such a nature so as to call for, more so justify, a redrafting; AND
(C) last but not least, what are the likely consequences (most importasnt of all being its potential to give rise to a fresh spate of controversies and inenvitable court litigation.
On th aspect of court litigation, being one of the main concerns, which ought not to be insanely sidetracked, again to quote what Nani wrote:
Q
The greatest illusion of our people is the infantile belief in the legal solubility of all problems. In the wise words of Lord Halisham, the former Lord Chancellor of the UK, "We might do well to remember that in the whole realm of human relations there is no field more vulnerable to corruption, dishonesty, chicanery, and sheer quackery and charlatanism than contested litigation.. real, imagined or invented”. We might also do well to consider that few of the safeguards we have achieved against these evils...” (italics/underlining SUPPLIED)
UQ
UQ
(from his published article (titled Crisis of Public Faith in the Judicary) in TOI, july 9, 1990; Source: book-We, the Nation )
Key Note: Recommend to usefully read also his other writings ans speeches in, interalia, Chapter 11, -The law, Judges and Lawyers)
ON ANY FEEDBACK , BE IT OF THE KIND HEREIN OR OTHERWISE, FROM THE POINT OF VIEW OF THE ONE WHO PROVIDES, ESPECIALLY HAVING IN MIND WHAT IS FOR THE COMMON GOOD, AND MORE SO THE REST WHO RECEIVE, BETTER REALISE THAT THE FEEDBACK IS INTENDED TO BE RECEIVED , AS FAR AS FEASIBLE , ON THE SAME WAVE LENGTH; LEST, WHAT COULD ENSUE IS ONLY A MESS -UP OF IT ALL.
FOR CLUES (IN THE FERVENT HOPE OF BEING USEFUL):
(NOT EDITED)
Disclaimer: Reader has the obvious choice- to devote more thoughts in the same vein, if considered worthwhile to do so; or brush aside and forget this Blog.
ON ANY FEEDBACK , BE IT OF THE KIND HEREIN OR OTHERWISE, FROM THE POINT OF VIEW OF THE ONE WHO PROVIDES, ESPECIALLY HAVING IN MIND WHAT IS FOR THE COMMON GOOD, AND MORE SO THE REST WHO RECEIVE, BETTER REALISE THAT THE FEEDBACK IS INTENDED TO BE RECEIVED , AS FAR AS FEASIBLE , ON THE SAME WAVE LENGTH; LEST, WHAT COULD ENSUE IS ONLY A MESS -UP OF IT ALL.
FOR CLUES (IN THE FERVENT HOPE OF BEING USEFUL):
From a Message to A Journalist at a leading Financial DAILY:
Sent: Monday, July 07, 2008 10:13 AM
Subject: Feedback on feedback
I refer to my feedback mails to you, the last two of which may be found attached.
Well ! As you know, I have been, for quite some time now, seriously indulging in 'feedback' as solicited on your website. I am contemplating a write-up on " Feedback on feedback", based on my experience, put it up on my blog, for whatever it is worth.
Meanwhile, I thought I should tentatively share with you a couple of the aspects, which are extremely intriguing:
In my perception, any such feedback as referred sent on any material which is published for public (the readers') consumption, especially if it is prima facie not without substance or merit, is conceptually intended to, rather it is ideally desirable that it should, serve a dual purpose, namely-:
of the sender- to clarify /have clarified or be enlightened on his own thoughts / views in any matter of general interest; and
of the recipient (s) - to inspire/provoke him to apply his mind afresh / have a second look into the material, in the light of the feedback/ comment(s) provided by the sender; especially, if it is prima facie not without substance or merit, or if anything published verges on 'misinformation', or the like.
The aforementioned purposes could not but be achieved, provided that the recipient reciprocates the sincerity, spirit and enthusiasm of the sender. Sadly, however, going by my bitter experience, it invariably has transpired to be not so, but remained a pipe dream.
For that matter, the recipient(s) (ie.author/writer) more often than not fails to realise the need to, if not anything else, at least from an ethical point of view, oblige the sender with a formal acknowledgment, not to speak of a detailed response or reaction.
Aside:
Quote:
What makes our mind hard and closed? Sages have said that this is an automatic front-line defence mechanism for the protection of our belief systems based on our state of ego. If we encounter an idea or a situation that is not in line with our thinking, we immediately close our mind, we put up a block against it; this is what we call mindset. Ego creates mindset. Mindset is a protective mechanism of self defence because we are scared of what others think about our notions and beliefs. Mindset is self-destructive and we have quite often experienced this. ..." Unquote
(Source: Article published in TOI - Discourse:Shri Shri Nimishananda)
Of course, in a manner of speaking, the quote is seemingly out of context; for, we, after all, are ordinary mortals, not 'Sages' - in its profound sense.
UQ
The Puzzle of Personal Excellence
by Dianna Boober
xcerpts >
Be receptive to feedback
Some advice you don’ask for. That is what I call feedback-unsolicited opinions about you or your work those comments are sometimes more valuable than what you do ask for we tend to ask for guidance – and we want it to be positive. Feedback is usually unsolicited and often unfavorable but bit can be most valuable even if embarrassing
¨ Granted you can get too much negative or contradictory feedback and become discouraged but feedback, properly evaluated, from a contributor can be invaluable in gaining perspective on where you’re going.
We need to measure ourselves with someone else’s yardstick occasionally if you’re getting the same feedback from several sources -either positive or negative –pay attention
(Source: Book titled PESRONAL EXCELLENCE )
Personal View: A wonderful book, making for a delightful reading, one may have ever placed hands on thus far !
Disclaimer: Reader has the obvious choice- to devote more thoughts in the same vein, if considered worthwhile to do so; or brush aside and forget this Blog.
Cross Refer >
cRossTh
This, in one’s own individual perception but firm conviction, is a matter of common concern to every one having "vested interests", rather, also vested "pride" or "prjudices" of any type can be imagined– albeit,to begin with from his individual standpoint but ultimately from a societal standpoint. Requiring to be focussed on is, in the very nature of things, that must be considered as not only the concern of either the legislature or exceutive or judiciary, on a standalone basis; and in any case, not as one of concern xclusively of the professionals (lawyer or CAs or any other) alone.
TO add (as one more pinch of salt): Own viewpoints are summed up in the personal Blog @ http://vswaminathan-swamilook.blogspot.in/2013/05/vodafone-what-is-right-or-not-so-wrong.html
<Caution > Invitation to Read the Blog, with the devout object of further useful deliberation, is extended only to those, still left with an open (NOT CLOSED; SAME WAY AS A BLIND ALLEY, OR ROAD BLOCK OR BLOOD CLOT) mind, hence prepared to spare own insightful thoughts, with the aim of ‘objectively’ forming an incisive view and profoundly better conclusion); advisedly and pruderntly; in any event, in own intereswt, more so in the larger public interest / for the common good, DO SO, before venturing to air and publicise it..