TaxTonic #38: Demystifying Appellate & Writ Remedy, Rules of Interpretation!

Episode Duration:

100 Minutes

Episode Background:
'TaxTonic', a 'subscriber only' thought leadership series, is Taxsutra's endeavour to consistently deliver top notch technical content to it's readers. The labyrinth of tax rulings on convoluted transactions keeps the world of taxation unpredictable and ever-evolving. This series will feature engrossing presentations, incisive analyses and a deep-dive by the tax experts on burning issues & controversies. So, gear up for a 'tonic' to chisel your tax mind and challenge your wit.

Speaker:

- Mr. K. K. Chythanya (Senior Advocate)

Moderator:
Mr. Sachin Sastakar (Chartered Accountant)

What shall the episode cover?

Right to appeal before a higher appellate forum is a substantive right conferred under the Income-tax Act, 1961 (ITA). Detailed provisions are incorporated for filing appeals before CIT(A), ITAT, High Courts and the Supreme Court. Additionally, the Constitution of India has also conferred the right to file a writ petition before the High Courts or Supreme Court and there is also a constitutional right to prefer a Special Leave Petition (SLP) before the Supreme Court. The law and practice governing these appellate and writ routes also substantially differ. We have also witnessed how the interpretation under ITA varies under different kind of provisions. In 2018, the Hon'ble Supreme Court's Constitution Bench delivered a landmark judgment in the case of M/s Dilip Kumar and Company & Ors [TS-336-SC-2018-CUST] which elucidated on the interpretation of charging and exemption provision.

In this episode of TaxTonic, Taxsutra brings an incisive and extensive discussion to understand the complexities surrounding the appellate route as compared to the writ route and also to decipher the rules of interpretations for charging and exemption provisions. The webinar largely covers:

1. Appeals Vs Writ Petitions

a. Statutory right Vs Constitutional right.

b. Question of Law Vs Question of facts.

c.  Binding nature of orders passed in appeal Vs orders passed in writ petitions.

d. Statutory appeal before SC & HC Vs Writs & SLP – Process differences.

2. Charging Vs Exemption Provisions

a. Impact of SC judgment in Dilip Kumar.

b. Nature of Charging & Exemption provisions.

c. Interconnect between indirect tax judgment to direct tax law.

d. Subsequent judicial interpretations and implications of the above judgment.

e. Application of the principles to few select scenarios. E.g. Chapter-VIA, Section 115BAB and others.