<![CDATA[LEX REVOLUTION - Blog]]>Sat, 17 Mar 2018 13:17:25 +0530Weebly<![CDATA[LAW AS A CAREER]]>Thu, 15 Mar 2018 18:15:27 GMThttp://lexrevolution.in/blog/law-as-a-careerBY- SOMYA STUTI

STUDENT, AMITY LAW SCHOOL, NOIDA 

​Prashant Bhushan, Senior Advocate, Supreme Court of India says, “Do not look at Law as a means for making money. Look at law as an instrument for securing justice to people. Engage in issues of public interest. One of the great things of being a public interest lawyer is that you come to learn about a large number of important public issues from the persons who are experts in the field on a one-to-one basis, something you could never do otherwise. It’s a very rich and rewarding experience.”[1] You need to take this career as a mission.

​One can either opt for a three year LLB course or five year integrated B.A.,LL.B(H).After successful course competition, you can find yourself in any of the law firms, corporate houses, etc. You can practice as individual practitioner or a public prosecutor. It will depend on your interest as you grow up with the course of your choice. There are plethora of options for you to pursue after your degree:
1.      You can sit for the AIBE, and get yourself registered with the Bar Council and then practice in the courts,
2.      You can also work under any law firm
3.      You can pursue your masters with specialization in any specific legal arena,
4.      You can take the Judiciary examinations and become honorable Justice in no time,
5.      You can join some NGOs and engage yourself in some social work.
The options are infinite it depends upon your will and inclination on how you want to take it and what you want to achieve.
 As told to you earlier that there are not as such special traits. These are the skills which you will develop as you grow up with the course in due course of time.
However a good lawyer must possess the following:
·         Quick responsiveness
·         Good orator
·         Keen listener
·         Flexible but attentive mind
·         Out of the hat thinking ability
·         Logical reasoning capability
·         Patience
·         Presentable communication skills
·         Good orator
·         Keen listener
·         Flexible but attentive mind
·         Out of the hat thinking ability
·         Logical reasoning capability
·         Patience
·         Presentable communication skills
On top of everything all that matters is your dedication and commitment. The best part of the profession is the contribution you make towards the betterment of the society, upliftment of the needy and awakening of the ignorant. This profession has given us illuminaries as Mahatma Gandhi, Barack Obama, Kapil Sibal, Arun Jaitely, Fali S. Nariman, the list is not exhaustive and it includes people who are in different platforms but serve the nation in their different own ways!
 
 ​[1] Prashant Bhushan: "Engage in issues of public interest!"

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<![CDATA[HOW TAX CORRUPTION CAN BE REDUCED IN INDIA]]>Tue, 06 Mar 2018 15:28:03 GMThttp://lexrevolution.in/blog/how-tax-corruption-can-be-reduced-in-india
BY - JAHNAVI SINGH 
AMITY LAW SCHOOL, NOIDA 


Introduction
Tax plays a very important role in everyone’s life. Once the person start earning he is liable to pay tax to the government. A question arises that what do you mean by tax? Taxation is a compulsory payment made to the government because government provides defenses, administration, infrastructure, health etc. Tax paying helps government to contribute for the wealth of the nation, to protect new industries, to protect local producers and many more. There are exception to the entities where entities are exempted from taxation and they are Religious institutions, Charitable Institution, Non- profit Not-stock educational institutions, Government institution Foreign Diplomats. A Person who pay the tax is known as Assess.  Taxation also include slab rates. Slab rate is the tax structure where income has been categorized into different groups and is the criteria for grouping is the amount of income. Each such group is known as Tax slab.  
Tax is being charged at different rates on a range of income falling under different tax slab The slab rate for different income are as follows:
  1. A person having a income of 250000rs per annum there is no tax
  2.  A person income is more than 2,50,000- 500000 per annum the tax paid is 5%.
  3. A person income is between 5000001-1000000 per annum the tax paid is 20%.
  4.  A person income is exceeding 10,00,000 the tax paid is 30%.
  5.  A residential individual whose age is more that 80 the tax payable as of 5,00,000 there is no tax
  6. Between 5,00,000- 10,00,000 is 20%
  7. About 10,00,000 is 30%
  8.   For the local authorities it is 30%
  9.   For co operative societies if : Amount not exceeding 10,00,000 it is 10% , Between 10,00,000- 20,00,000 is 20% , Above 20,00,000 it is 30%.
  10. For domestic Company
  • Less than 50 crore it is 25%
  • In other case it is 30%.
So basically after reading this the most important thing which a person should be concerned about is to do a planning for paying tax to the government. Tax Planning can be defined as an arrangement of ones financial and business affairs by taking legally in full benefit of all deduction, exemption allowances and rebate so as that tax liability reduce to minimum. This concept is very well applied by judiciary in India. It does not result in levy of penalty and prosecution as it is within the language and spirit of law.
With regard to this person tries to avoid tax by minimizing their income and in legal term it is known as Tax evasion. Tax evasion refers to a situation where a person tries to reduce his tax liability by deliberating suppressing the income or by inflecting the expenditure  showing income lower than actual income and re sorting to various types of deliberate manipulations. It involves stating an untrue statement knowingly submitting misleading clause, sepration of facts, not maintaining proper amount of income earned. An Assesse who dishonestly claim under the statue by making false statement would be guilty of tax evasion.
 

Principle Of Taxation
1.The Benefit Principle :  This principle holds the individual should be taxed in proportion to the benefits they receive from the governments and that taxes should be paid by those people who receive the direct benefit of the government programs and projects out of the tax paid.
 
2.The ability to pay principle:  This principle holds that taxes should relate with peoples income or the ability to pay that is people with greater income or wealth and can afford to pay more taxes should be taxed at higher rate then people with less wealth. 

3.The equal distribution principle: This principle says that income, wealth and transaction should be taxed at a fixed percentage i.e people  who earn more and buy more should pay more taxes, but will not pay higher rate of taxes.


 
How  can Tax corruption be reduced in India
In the previous years we have heard about issue of  corruption in the country and the government is basically trying to think of various ways to manage it efficiently. The best way to reduce tax corruption in india is the introduction of Goods and Services Tax (GST).  GST have broden the taxation base of the nation and have also increase the collection of taxes.
People are used to of exploitation because of Low Pay scales/ Wages, less job opportunities, lack of strict and fast punishments, lack of unity in public; and therefore politicians who know the miserable condition of common citizens, who know their weaknesses, they utilize such situations as opportunity by doing all kind of nonsense for their petty individual gains, may it be subsidy politics, religion and caste based politics and all bad they can think off to help and we can let them do.
As per the tax mangers,  GST can be helpful to control the black money  in India. This is basically indirect tax reformation , and many tax filers do not give report for all transaction, they disclose less however earn more and hiding actual figures from books help them to pay low taxes. Actually they want to  keep away from VAT,  excise and many other taxes.  Here the tax department will keep an eye on everything so the taxpayer  wont get chance to do any illegal activities. The application of Aaadhar will also become more prominent as this is essential for filing GST. It’ll be easy for tax unit to record transactions.

Impact of GST on Different Sector
In todays world GST is playing a vital role and it has certain implications on all sectors. If we talk about real estate sector it will not only affect the buyers but it will also affect the sellers. The purchase of property  is one of the biggest financial decision taken by a person  the GST may not  touch the price of residence very high. As per the future thought  this sector is certainly going to change in positive note.
Now if we talk about the sale of alcohol there are still some controversies which are being taken place. It has been presumed that in the upcoming year there will be another way of restraining money in this department. Thus, alcohol sector have possibility of staying away from GST.
 
One India One Tax is a myth
It is basically said that GST is one tax in india. GST came into existence  on replacement  of  different indirect tax. Custom duty will remain continue to levy. All the direct taxes, like income tax, gift tax will remain the same as before.
 
Conclusion
In previous time there were no other equipment which can be use to end the tax corruption but introduction of GST in India was one of the best decision taken by the government themselves. The structure of GST is not perfect but yes it can make India a better country with regard to its economy favorable  for foreign investment.  The most important thing with regard to GST is that if any person is doing any kind of business then he should get registered for GST as it is not nly going to help Indian government but it will also help the person to track their business weekly because in GST a person have to make their business activity weekly. At last it would be concluded by saying that India is a developing country and GST is playing a vital role. In future GST can bring a big difference with regard to reducing tax corruption in india.
    

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<![CDATA[TRIPLE TALAQ BILL : Draft law is more focused on victimizing Muslim women rather than empowering them.]]>Sun, 04 Feb 2018 16:52:17 GMThttp://lexrevolution.in/blog/triple-talaq-bill-draft-law-is-more-focused-on-victimizing-muslim-women-rather-than-empowering-them

- PRAKRITI DADSENA

STUDENT, AMITY LAW SCHOOL, NOIDA.

​In August 2017, the Supreme Court passed an apparently striking judgment in the Shayara Bano v Union of India on the act of moment triple talaq, expressing that it was "obviously subjective" and "against the essential fundamentals of Islam". The court split 3:2 – the minority conclusion, including past Chief Justice J.S Khehar, had requested that the Center  to legislate on the matter of  talaq-e-biddat, and the majority opinion stated that such practice is unlawful and illegal. The Center, in an offer to remain consistent with the law, presented the triple talaq charge and passed it in the Lok Sabha.
 The bill is titled 'The Muslim Women (Protection of Rights on Marriage) Bill, 2017' and its objective is "to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands". Under the bill, the revelation of talaq "by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, void and illegal." The act of triple talaq is criminalized under this bill; a cognizable and non-bailable offense under the Code of Criminal Procedure, 1973, wherein the punishment for articulating talaq upon one's wife is imprisonment that may extend to three years and fine.  Chapter III of the bill highlights provisions on the ‘Protection of Rights of Married Muslim Women’. It provides for a ‘subsistence allowance’, determined by a magistrate, for her and any dependent children . A Muslim woman who has been subjected to triple talaq is additionally qualified for authority of her minor children.

The bill is followed by a 'Statement of Objects and Reasons'– a simple justification about the variables that prodded the draft enactment. It talks about the liberation of Indian Muslim women from the “practice of capricious and whimsical method of divorce, by some Muslim men, leaving no room for reconciliation.” The statement additionally asserts that there was a need for state action in order to give effect to the order of apex court and to review the grievances of victims of illegal divorce . According to the statement, it would meet the objectives of gender justice and equality of married Muslim women.

Moreover, the ‘Statement of Objects and Reasons’ within the bill proposes to provide justice to the “helpless married Muslim woman” and save her from the throes of instant triple talaq – it makes victims out of Muslim women living in India. The announcement horribly defrauds Muslim women living in India – “In order to prevent helpless married women from being harassed due to talaq-e-biddat, suitable enactment is important to give some help to them. The bill proposes to announce proclamation of talaq-e-biddat by Muslim husbands void and illegal in view of the Supreme Court verdict. Further, the illegal act of pronouncing talaq-e-biddat shall be a punishable offence. This is essential to prevent this form of divorce, wherein the wife does not have any say in severing the marital relationship. It is also proposed to provide for matters such as subsistence allowance from the husband for the livelihood and daily supporting needs of the wife, in the event of husband pronouncing talaq-e-biddat, and, also of the dependent children. The wife would also be entitled to custody of minor children.”

Further Clause 7 of the Bill states that the offence of pronouncing triple talaq is a cognizable and non-bailable offence. A non-cognizable offence is an offence whereby the police cannot arrest a person without a warrant. Whereas, in cognizable offences, for serious crimes, the police can take cognizance of the offence and arrest the accused immediately. Private wrongs are usually non-cognizable offences, such as bigamy. For a non-cognizable offence, the aggrieved person (the wife in this case), must file a complaint seeking the arrest of the accused, then the magistrate will decide whether an arrest warrant should be issued or not. However, by making the offence of triple talaq a cognizable offence, the police can arrest Muslim men without any form of judicial oversight to determine whether a warrant should be issued, and the police can take a Muslim man into custody even if the wife does not file a complaint.

The triple talaq bill provides no new remedies to Muslim women who are subject to talaq-e-biddat by their husbands. In fact, it seems unnecessary and redundant when the Supreme Court had already invalidated the practice. In my opinion, the bill only serves one purpose – it allows elitist Hindu men to save the helpless married Muslim women from Muslim men.
 

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<![CDATA[BUDGET 2018: BOLD ON VISION, SHORT ON OUTLAYS AND FOCUSED ON POLLS]]>Fri, 02 Feb 2018 18:30:00 GMThttp://lexrevolution.in/blog/budget-2018-bold-on-vision-short-on-outlays-and-focused-on-polls

-AARSHI CHATTERJEE

STUDENT, AMITY LAW SCHOOL, NOIDA

Finance Minister Arun Jaitley delivered this governments fifth and final full Budget amid subdued economic growth, challenging fiscal growth and farm distress. What makes it all the more important is the upcoming elections in eight states this year and the General Elections next year, all of which puts tough demands on it. The following highlights will demonstrate how the FM has managed to balance populist demands, the need for economic growth and PM Modi’s focus on fiscal discipline and reforms:

Fiscal Situation
Fiscal deficit is 3.5% of GDP at Rs 5.95 lakh crores in 2017-18. Projecting FD to be 3.3% of the GDP in the next fiscal year. Rs 21.57 lakh crores transferred as net GST to states against a projection of Rs.21.47 lakh crores.

Taxation
85.51 lakh new tax payers filed income tax returns in FY'17. There were no income tax changes proposed in budget. Surcharge of 10% on income above Rs 50 lakh but less than Rs 1 cr to be continued next year; 15% on income above Rs 1 cr to also continue. 100% tax deduction to cooperative societies. Corporate Tax of 25% to companies with turnover up to Rs.250 cr in FY 2016-17. Incentives for senior citizens like exemptions in medical insurance returns and FDs in banks and post offices. Standard deduction of Rs 40,000 allowed for transport, medical reimbursement for salaried tax payers. The govt. to reduce hardships faced in realty deals.

Custom Duties
Custom Duty on certain products such as mobile phones, televisions has been increased to provide a boost to ‘Make in India’. Social welfare surcharge of 10% on imported goods.  The Central Board of Excise and Customs renamed as Central Board of Indirect Taxes and Customs. Customs duty on crude edible vegetable oils hiked from 12.5% to 30% and on refined edible vegetable oil from 20% to 35%. Customs Duty on sunglasses, cigarette lighter, toys, bus and truck tyres, selective furniture has also been increased.  Import duty on LCD/LED/OLED panels, TV parts have been hiked to 15%; duty on smart watches, wearable devices, footwear doubled to 20%

Agriculture
The government’s emphasis will be on generating higher incomes for farmers, by helping them produce more with lesser cost. Jaitley stressed on the fact that India’s agricultural production is at a record level today. 275 million tone food grains and 300 million tone fruits and vegetable have been produced in the country. The Center will make sure the farmers get fair price and market connectivity will be strengthened by setting up agricultural market and infra fun of Rs 2000 crore. Operation Green which will promote agricultural products has been allocated Rs 500 cr. Funds allocated for aquaculture, fisheries and animal husbandry. Special scheme to deal with crop reduction in Haryana, Punjab and Delhi due to pollution and increase in agricultural credit.

Companies
Aadhar scheme may be extended to corporate. National Insurance Co., Oriental Insurance Co, and United Assurance Co  to be merged into a single entity and listed. The government also revised to disinvestment target to Rs. 1 lakh cr for FY 18.

Technology
Allocation to Digital India Scheme doubled to Rs 3073 cr. 5 lakh WiFi HotSpots to provide Broadband access to 5 crore rural citizens, at the cost of Rs 10,000 cr.  The govt will also take measures to stop the use of cryptocurrency circulation as it is not legal tender and explore the usage of Block chain technology.

Markets
Govt to take measures to strengthen environment for venture capitalists and angel investor. SEBI to consider mandating large corporations to meet 1/4th of their debt needs  and 25% debt from bond markets. RBI norms to encourage companies to access bond markets for funds.

MSME
Rs. 3794 cr allotted to the MSME sector in the form of capital support and interest subsidy by 2022. Every block with more than 50% ST population will have Ekalvya schools at par with Navodaya Vidyalayas. Rs 4.6 lakh cr sanctioned under MUDRA scheme.

Petroleum/ Diesel Sector
Excise on unbranded diesel cut by Rs 2 to 6.33/litre and on unbranded petrol cut by 2 rupees as well to 4.48/litre

Infrastructure
India needs an investment of Rs 50 lakh crore in this sector. Construction of a new tunnel in Sera Pass to promote tourism. 10 prominent tourists sites will be made iconic tourist destinations with an amalgamation of private funding, marketing and branding. The Govt to work on the “Bharatmala Project” and introduce pay-as-you-use system for toll payments.

Health and Education
Aayushman Bharat programme will be launched and Rs 1200 crore allocated to this scheme for setting up facilities. The world’s largest govt funded healthcare programme to be developed whereby benefits towards hospital care to families. Financial support to tuberculosis patients and setting up at least one medical college for every three parliamentary constituencies with upto 24 new govt medical colleges envisioned. For education sector, the govt to increase digital intensity in education. Technology shall be the biggest driver in improving quality of education.
The 3 main engines which fuel the Indian economy – exports, private investment and agriculture have been under severe distress. Exports are barely growing at 12% monthly and private investment announcements have halved  since 2014-15 to around 8 lakh crore. In case of agriculture, it has been suffering due to the inability of the farmers to get a good remunerative price for their produce. Given that these three engines of the economy were not firing, the FM had limited options. In its singular focus on the vote bank. The govt has taken its eyes off pressing needs like export growth, job creation and reviving private sector investments. The FM had to ensure that the limited resources at his disposal were channeled in a focused manner to create every possible economic activity to revive the engines of the economy. That he managed to do so by focusing his resources towards infrastructural development, agriculture, social and healthcare sector was a very judicious use of his resources. PM Modi has truly handed a bagful of gifts to India.
 
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