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Deepak Joshi Profile picture
Deepak Joshi
@ideepakjoshi
Advocate. CA. Writer. Leg Spin. Poetry. Words @IndianExpress @thewire_in @LiveLawIndia @barandbench @taxmannIndia @ThePrintIndia @BloombergQuint @timesofindia
Feb 14, 2023 • 10 tweets • 2 min read
Trying to put out a sane, noiseless, neutral & layperson view on the BBC "raid" news, from a tax perspective - just so that one is not misled by partisan/ill informed journalistic views. So here goes: 1. Income Tax Act doesn't provide for any "raid". If there is any information/asset/income which is not forthcoming or is undisclosed, the tax department has the powers to conduct either a "search" or a "survey". It can also issue "summons" to requisite information.
May 19, 2022 • 4 tweets • 1 min read
Assuming the unpopular burden of red flagging today's GST SC decision - contrary to operative pronouncement, the order does recognise that recommendations are binding iro secondary legislation "to give effect to the uniform taxation system". This muddies the waters IMHO. Whatever that phrase is supposed to mean, it runs contrary to what the SC held in earlier paragraphs on fiscal federalism & autonomy. I think it'll be a tough ruling to implement by either side. Para 59, with it's fleeting observation, introduces some confusion.
May 19, 2022 • 4 tweets • 1 min read
Justice DYC to pronounce judgment in batch matters concerning levy of GST on ocean freight paid by foreign supplier. Important as it's likely to rule on issues like double taxation, extra territoriality of GST, delegated legislation, interpretation issues under GST law. This will be the fifth major decision by the Supreme Court on GST. Justice Chandrachud has previously authored two, this being his third.
May 18, 2022 • 7 tweets • 2 min read
A tip to law students & freshers interested in commercial laws - the Adani-Holcim deal is a good opportunity to understand real time working* of niche laws. Perfect case study re: identifying legal bottlenecks, working a legal way out + importance of commercial sense. *most of the deal making & litigation follows what the commercial/practical exigencies dictate. Law in theory is one thing, quite another in practice. Books/school can only take you so far. Lack of internships/opportunities need not be a hurdle in learning/value add.
Nov 5, 2021 • 7 tweets • 2 min read
Do yourself a favor & watch Jai Bhim. Absorb & reflect on it. Acknowledge the struggle, challenges & how rule of law is almost the last hope for citizens. If you think State agencies don't act in the depicted manner anymore, I'll share something I saw playing out in the SC --> On a relatively light day, I happened to observe proceedings before a 3 judge bench headed by Justice Sikri. It was a death penalty case, being argued by Mr. Yug Mohit Choudhry. He hammered home a point on how the convicts were merely picked coz they belonged to nomadic tribes.
Jun 27, 2021 • 5 tweets • 2 min read
Most people are giving hot takes on this viral video that President's salary is not taxable. They are mistakenly relying on some incorrect Google search result. The fact is that President's salary is taxable but he can end up paying no tax on it!
Interesting?
Here's how --> President's salary is governed by The Presidents Emoluments & Pension Act, 1951 which states that it will be charged to Consolidated Fund of India. Doesn't mention anything about not taxing the salary. Income Tax Act, 1961 provides no special exemption to the President.
Jun 25, 2021 • 6 tweets • 2 min read
Very informative thread by @vikramhegde on emergency era changes. I attempt to add a few of my own observations on this:

1. Tribunalisation - the original sin was committed in 1976 through the 42nd amendment providing executive packed tribunals & excluding the HC jurisdiction. The result of that mis-adventure continues till date with Govts framing rules/laws to strengthen their control at the expense of judiciary. Now the excuse is that of mounting arrears of cases which the judiciary can't handle.
Jun 18, 2021 • 4 tweets • 1 min read
An unpopular view - what happened in the SC today can be appreciated better by those who practise regularly in courts, than those who rely on hot takes or reports. Most of the times, despite a pre-decided strategy, counsels play it by the ear & think on their feet in the court. Considering the bench already had an unfavorable view of the HC order, marching towards a stay which could have potentially hurt his client, Mr. Sibal pleaded the next best case - not treating the HC order as precedent. It also gave the SC a window to sidestep the stay option.
Apr 29, 2021 • 8 tweets • 2 min read
A contrarian & unpopular view: The petition is based on a misconceived notion that exemption from GST will result in reduction of price. This is not how GST works. It will have a totally contrary effect of making the drugs costly. How?

Here's the answer 🧵: Price of any product/service is based on cost of input goods/services. Many of these inputs are taxed under GST. This tax which the drug manufacturers pay is treated as their input tax credit. This is 'credit' only coz it's adjustable against the final GST on output. (1/n)
Apr 27, 2021 • 7 tweets • 5 min read
I had called around 200 persons yesterday to arrange #OxygenCylinders or cans in #Ghaziabad. Spent nearly the whole day in this exercise. Sharing a few numbers which responded, so that others don't have to go through this ordeal.

#Verified 26th April 8527282484
9810307986
9717894233
8882036300 (this was given by #ICLUVerifies in Delhi)
9479645168
7094055415
7289839016/9540964000
9479645168

The above numbers are for #Ghaziabad
#NCR #Noida - either #OxygenCylinders/cans or refills. They had answered calls as on 26th April.
Apr 22, 2021 • 7 tweets • 4 min read
The text of the order is troublesome on many levels. You would ask why?

Here's an attempt to answer. Trust me, it gives me no pleasure but this needs to be said & explained (howsoever good the SC's intentions are).

So here goes: (1/n) 1. SC notes, without any medical opinion on record that Covid can be treated *only* by drugs like Remdesivir.

This is contrary to WHO's opinion which clearly says there is no such evidence, it only helps a very small subset.

This observation overhypes the drug. (2/n)
Apr 22, 2021 • 5 tweets • 2 min read
HCs were sitting at odd hours to manage the situation. SC merely issues notice & posts the matter tomorrow. Why not today? Why not post lunch? What's the use of such suo motu cognizance?! Remember, Delhi HC sat twice yesterday, once at 9:30 PM!

Farcical. That's all! The stand of Union is very clear. Ld. SG Mr. Mehta stated that they will inform the court about the notice. Clearly not thwarting proceedings before HCs. SC didn't even bother to clarify (as of now) that proceedings before HCs to continue till tomorrow at least. Oh God no! Nooo!!
Nov 26, 2020 • 4 tweets • 2 min read
On #ConstitutionDay2020, let's go back to Constituent Assembly Debates when fiscal provisions of the Constitution were debated. Last 5 minutes of the day were remaining & the President asked if anyone wants to speak. One Mr. K. Santhanam seized the opportunity. (1/n) He made an important point on the financial relation b/w Centre & States. As if having a premonition, he made the famous "beggars at the door of the Centre" remark. Of course, the context was different but the concerns remain relevant even today - GST, tax devolution, etc. (2/n)
Jun 24, 2020 • 11 tweets • 5 min read
Lets take a little walk through the history of reporting of decisions to understand this phenomenon (now rendered obsolete). The practise of reporting decisions through private law journals has thrived ever since the establishment of legal system in British India.
1/n The initiative was taken by lawyers & judges in furtherance to the theory of precedent. One can find law reports from 1774 (SC at Cal) through the Sadar Adalats to the HCs in 1860s. Please remember all of this was through private enterprising lawyers & judges.
2/n