ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Sukumar MukhopadhyaySubscribe to Sukumar Mukhopadhyay

Why Question the Pace of Growth in Gujarat?

To question Gujarat's recent growth record on the ground that it has been based on the petroleum refinery industry, which in the state is import-dependent, capital-intensive, coast-based and export-oriented, is conceptually and factually wrong. A comment and a response to "Have Gujarat and Bihar Outperformed the Rest of India? A Statistical Note" (EPW, 28 September 2013).

Lightening the Burden of GAAR

The modifi cations to the General Anti-Avoidance Rules proposed by the Shome Committee are largely reasonable. The only point that is hard to agree with is the suggestion that the implementation of the rules be put off for three years.

Blatantly Biased

I am aghast at the exaggerations and distortion of facts by Ishita Mukhopadhyay (EPW, 26 May 2012) in her critique of Mamata Banerjee for bringing “semi-fascism” to West Bengal.

General Anti-Avoidance Rule in Income Tax Law

The fierce opposition to the General Anti-Avoidance Rule proposed in the Union Budget for 2011-12 was mainly because it shifted the burden of proof to the taxpayer and because tax offi cials were perceived to have been granted too much discretionary power. Backing down, the finance minister subsequently announced amendments to address these issues and the provisions are to apply from 1 April 2014, a year later than originally proposed.

Power of Supreme Court to Intervene in Executive Policy

The central government has filed a review petition against the Supreme Court judgment in the black money case on the ground that the ruling interferes with the domain of the executive. In the past, the courts have on occasion abstained from ruling on economic or fiscal policies of the government. At other times they have abstained if they felt the policies were made in public interest. On yet other occasions they have passed judgments when they have felt that the concerned economic policies have impinged on fundamental rights. If the current review petition is admitted and goes before a seven- or nine-member bench, the ruling will be greatly anticipated.

Which Way for Indirect Taxes?

Reforms of indirect taxes in the budget amount to almost nothing. Customs tariffs have remained about the same while the number of exemptions have increased. In the case of CENVAT, rules remain complicated and the claim that rates have gravitated towards 16 per cent is not true. Service tax needs to be aligned with CENVAT to create a goods and services tax at the central level. Two parallel GSTs at the state and central levels, rather than a national GST, must be introduced.

Truth on Its Way to Half a Victory

This article discusses the proposed amendment of the Contempt of Court Act, 1971 which would seek to introduce "truth as a defence". Some suggestions are also offered.

VAT in Haryana

Revenue growth is the most important aspect by which to judge the success of VAT in Haryana. The deemed growth of revenue estimated by the Commercial Tax Department of Haryana, however, has not taken into account a number of positive factors discussed in this paper. As Haryana implemented VAT only in 2003, one year is too short a period to judge its efficiency from a revenue point of view.

Proposals for Excise Reform in Budget 2005-06

Excise duty rates remain complicated in spite of claims of simplification. Exemptions have to be reduced and the number of rates brought down to only four.

Taxation and Constitution

The proposed Central and State Goods and Services Tax is based on a blinkered interpretation of the Constitution.


Back to Top