Role of the Judiciary in Indian Tax Policy - An Evaluation of the Efficiency of Judicial Outcomes
The Indian tax system suffers from an excessive incidence and pendency of tax disputes before civil courts. A certain degree of disputes are unavoidable since the tax code and policy of any jurisdiction (being the outcome of various competing factors) inevitably contains a certain degree of ambiguity. However, a significant amount of unnecessary tax litigation is caused by the development of inconsistent tax jurisprudence. The author details the permissible scope of litigation expected in a tax system that truly complies with the rule of law. Following this, the author surveys two major areas of disputes – namely, the distinction between a “tax” and “fees”, and the interpretation of exemption notifications. This demonstrates the significant likelihood of judicial activism by appellate courts in tax disputes, which contributes to a tax policy that is doctrinally incoherent. It is submitted that inconsistent tax jurisprudence contributes to a larger number of disputes since both the taxpayers and the revenue department are uncertain of the outcomes in a tax system where the judiciary enjoys extraordinary jurisdiction in tax disputes. The solution proposed is to identify and enforce a broad set of principles concerning an efficient and fair tax system at the level of the judiciary, in line with international best practices
Year of publication: |
2020
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Authors: | Khatri, Roopashi |
Publisher: |
[2020]: [S.l.] : SSRN |
Subject: | Indien | India | Steuerpolitik | Tax policy | Wirkungsanalyse | Impact assessment | Justiz | Judiciary | Effizienz | Efficiency |
Saved in:
freely available
Extent: | 1 Online-Ressource (20 p) |
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Type of publication: | Book / Working Paper |
Language: | English |
Notes: | In: NUJS Law Review Volume 12(2) 2019 (Forthcoming) [The WB National University of Juridical Sciences, Kolkata] Nach Informationen von SSRN wurde die ursprüngliche Fassung des Dokuments June 12, 2019 erstellt |
Source: | ECONIS - Online Catalogue of the ZBW |
Persistent link: https://www.econbiz.de/10012847913
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