Customs and Excise Laws and Administrative Justice: The Dynamics of Indirect Taxation and State Power in India

Author:   P. V. Jois ,  P V Jois
Publisher:   Oxford University Press
ISBN:  

9780195694413


Pages:   450
Publication Date:   04 June 2009
Format:   Hardback
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

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Customs and Excise Laws and Administrative Justice: The Dynamics of Indirect Taxation and State Power in India


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Overview

This book presents a detailed analysis of what the author describes as the systematic failure of the customs and excise tax administration in India, under which vast discretionary authority vests in the hands of the executive through the powers of delegated legislation. The book examines the resulting inhibitory effect on the economic reforms process, on the functioning of the economy itself, and on the constitutional rights of citizens. It shows how discretionary powers are exercised by officials and studies the relevant organizational set up, disputes and dispute resolution, and the judicial attitude towards the administrative process in tax proceedings. The author's argument is that at this stage, delegated powers cannot be wished away, but that remedial measures must be found to 'control the new despotism found in administrative authorities today'. The book goes on to analyse the major reasons for the dysfunction of the system in India. It suggests a system of Alternate Law Judges for the fair and effective resolution of taxation disputes.

Full Product Details

Author:   P. V. Jois ,  P V Jois
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 14.60cm , Height: 2.80cm , Length: 22.70cm
Weight:   0.603kg
ISBN:  

9780195694413


ISBN 10:   0195694414
Pages:   450
Publication Date:   04 June 2009
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Out of stock   Availability explained
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Preface ; 1. The Development of the Customs and Excise System ; 2. Administrative Process in Tax Proceedings: An Overview ; 3. Taxation and the Structure of Power ; 4. Administrative Intricacies in Assessment Proceedings ; 5. A Case study through the eyes of CAG ; 6. Administrative Justice ; 7. Alternate Law Judges (ALJ): A Comparative Study ; 8. Administrative Tribunals and Discretionary Justice: Reasons and Reasonableness ; 9. Judicial Attitude towards Administrative Process ; 10. Factors Impacting Judicial Attitude towards Administrative Process ; 11. Doctrine of Unjust Enrichment ; 12. Conclusions ; Select Bibliography

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