The DGFT is a facilitator & TCS the chosen implementer for the DGFT platform. TCS is a multi-billion-dollar company operating worldwide but it appears that while working with the Indian bureaucracy the best hit the bottom & bite the dust & this seems to be the case. Granting status recognition should not require any application […]
When DGFT chose TCS to revamp the website/platform, I was very happy that at least for once, this combination will make the life of the exporters better. However, my happiness was shattered just by the purposeless complications in the design of the website/platform whereas the earlier DGFT website was very plain & simple. I had […]
Let us pay attention to the very basics. The Parliament mandates promotion of exports through DGFT as policymaker & Customs administration is put in place to conduct International trade in accordance with the law. Particularly, in case of exports (which is necessary evil for a developing country to subsidize & conduct exports), there is no […]
At the very outset, what the Notification No. 50/2015-20 dtd. 03.03.2020 does is that it stops the process of exports of the 26 selected bulk drugs (APIs) & formulations thereof, which cannot be offloaded in the domestic market. To any sane mind, this is simply ridiculous. There are two points of utmost significance: 1. The […]
In the first part of the article, it was evidently clear that the English language cannot do magic to imply limitation to be read in the law (when it is concluded by independent reading of the S 11B that no limitation is specified) merely by way of reference to the Section in the Notification.
Local taxes & duties cannot be exported & this is the principle followed the world over under the aegis of the WTO. This basic principle cannot be violated & if the government does that by implying a limitation period not appearing in the law then it is violation of Basic Principles of Law. It is […]
It is the prime responsibility of the policy makers to exercise due diligence in carrying out prime responsibility & in doing so application of mind should be visible. As per the mandate of the Parliament, the DGFT exists to facilitate exports by way of Export Promotion Policy. I have been involved with exports since 1983 […]
The Finance Minister assured that the refunds of the exporters will be handled on top priority. However, if the field formations are run as personal fiefdom, there is no scope for any success. More so when you are working in a legally oriented manner i.e. you are citing the responsibilities & obligations of the officials […]
I am amply sure in my mind that nobody wants to be on the wrong side of the law & be in trouble. However, for compliance, it is essential that the users should be able to understand the law. However, the truth is that neither the lawmakers nor the implementers are sure of what the […]
CBIC & GST Council: Suppress greed and collect taxes legitimately I sincerely believe every Indian wants to pay taxes legitimately & contribute to the nation building. I am also aware that Law is not a rational code & that it is an adage that the law is an ass & I am responsible for it. […]