India Law Forum & LITFest 2022

Taxpayer Rights: Deciphering the Indian Charter – Mukesh Butani & Kinshuk Jha

More about the Book, Author & LITFest…

Taxpayer Rights: Deciphering the Indian Charter critically analyses the presents the practitioners’ and academics’ perspective on the contemporary subject of Taxpayer Rights & Obligations. The book aims to further the discourse on the state of taxpayer rights in India, in light of the Indian Charter of 2020 and the global developments.

The book covers the following key aspects:

(a) An overview of Indian tax administration mechanism in India;
(b) Genesis of taxpayer rights in India;
(c) The framework of the taxpayers’ charter;
(d) Global perspectives on taxpayers’ rights;
(e) Digitization of the administration of taxpayers’ rights;
(f) Bridging the gap between taxpayers and tax administration;
(g) Policy recommendations.

Panel Discussion Video

Speakers

Sameer Kochhar is a social scientist, leading reforms historian in India and an acclaimed author. His domain expertise on socio-economic issues has been used by the government and private sector alike for consultancy on public policy and strategy. He has published 16 books including Defeating Poverty, ModiNomics and The Untold Story of Indian Reforms. He is privileged to have his books released by Dr Manmohan Singh, Mr Narendra Modi, Mr Arun Jaitley and Mr P. Chidambaram, among several other luminaries. His mantra is growth, livelihoods and equity.

 

Rohan Kochhar holds an MPA in Public Administration and Management from University College London (UCL) and a B.A. (H) Economics from Delhi University. During his time at UCL, he also received an unconditional offer to pursue a PhD in Political Science under the tutelage of the Director, School of Public Policy and Head of Department, Political Science, University College London. He was UCL’s official nominee for the inaugural cohort of UNLEASH – A Global Innovation Lab for SDGs in Copenhagen funded by Carlsberg Foundation.

 

Menaka Doshi is a Business Anchor and Managing Editor for Bloomberg Quint, who has a massive experience of more than 20 years of journalism career in the field of Financial and Business News. She got her Bachelors degree in Economics from St.Xavier’s College and did her schooling from Greenlays High School Mumbai. She started her career with TV18 in 1996 as Features Reporter on India Business Report, after a few months she moved to CNBC TV18 and started business reporting for them, initially, she reported about the financial and stock news, later she started Anchoring for CNBC TV-18

 

Mr Manish Tewari is a practicing Lawyer in the Supreme Court of India. He is a Member of the Indian Parliament (Lok Sabha).

He is the National Spokesperson of the Indian National Congress. He was a Member of the Parliamentary Standing Committees of External Affairs, Law & Justice and Defence. He also served on the Parliamentary Consultative Committees of the Ministries of Defence and Law & Justice.

 

Mukesh Butani is Founder and Managing Partner of BMR Legal Advocates, a boutique law firm.

With specialization in domestic corporate international tax and transfer pricing, he has over three decades of experience in advising multinationals and Indian conglomerates on a wide range of matters relating to FDI policy, business re-organizations, cross-border tax structuring, tax controversy and regulatory policy. He is an acknowledged expert with several landmark judgments to his credit in the areas of International tax policy, controversy and advocacy. He has deposed as an Expert Witness on contentious cross-border tax treaty and TP matters in foreign jurisdictions.

Mukesh is a qualified Chartered Accountant and holds a bachelor’s degree in Commerce and Law, and practices as an Advocate before various Tribunals, High Courts and the Supreme Court of India. He has been consistently ranked as a Leading Individual (Legal 500), Elite Practitioner (Asialaw Profiles), Litigation Star (Benchmark Litigation), Band 1 Lawyer (Chamber & Partners) and Thought Leader (Who’s Who Legal). He was recently featured in the ‘A- List’ as an icon amongst India’s top 100 lawyers in 2021- 22, by the India Business Law Journal.

 

N Venkataraman was born on 26th August 1965, completed law in the year 1989 at the Madurai Kamaraj University and Commenced practice the same year under Late Mr. C. Natrajan, Senior Advocate and worked under him for 14 years before commencing independent practice in June 2003. He was designated Senior in the year 2006 by the Madras High Court.

Fondly known as NV among the legal fraternity, Shri N Venkataraman has completed 31 years of professional practice in the fields of Indirect taxes, Direct taxes, International Taxation and in the last ten years has been doing extensive work in Constitutional law, various Regulatory matters (TRAI, Competition law, Gas and Electricity matters), negotiations and finalization of commercial disputes, framing and settling contracts and arbitration besides intellectual property laws and has involved in matters of substantial public importance such as Sabarimalai, Article 370, CAA, Child Sex Abuse and similar such issues.

Besides the Hon’ble Supreme Court, NV is appearing before 23 High Courts spread over various States, various Tribunals (State and Center), Advance Ruling Authorities and Securities Exchange Board of India, Securities Appellate Tribunals and other forums.

NV is serving as a Legal Counsel for the major International Accounting Firms in India.

 

Mr. Ajay Wadhwa has been in tax practice since 1987. He did his schooling from Delhi Public School, Mathura Road and graduation from Hansraj College in first division. He was a rank holder in CA intermediate and completed his Chartered Accountancy in 1986. He completed his Bachelor’s in law from Delhi University in 1988. He practiced as a Chartered Accountant till 2010 and since then has been practicing as an advocate.

Mr. Wadhwa has been an advisor of the Taxation Study Book of the NIRC of ICAI for more than five years. He has delivered more than 200 lectures across the country and is currently the President of the ITAT Bar Association, New Delhi. He has handled completed cases before the Income-tax Settlement Commission, Income-tax Appellate Tribunal and also appears before the Delhi High Court. Mr. Wadhwa specializes in matters relating to search and seizure, structuring of tax affairs of large corporates, matters relating to FEMA, Prevention of Money Laundering Act (PMLA), Black Money Act and Indirect Taxation.

He is passionate about the rights of tax-payers and has been raising various issues at various forum from time to time.

 

Rani Singh Nair joined the Indian Revenue Service in 1979 and has broad spectrum experience in leading initiatives in the areas of financial management and public expenditure reform, economic policies for development, tax policy formulation & legislation, Budget preparation, and conceptualization of e-governance initiatives.

The thrust of the tax policy under her stewardship as Chairman, CBDT has been to align tax policy with the overall economic policy of the govt., to impart clarity and certainty to tax laws, reduce litigation and provide tax payer services for promoting ease of doing business. The Tax Simplification Committee was established to remove hurdles in the ease of doing business and improve tax compliance .

She was also the Member (Legislation and Computerisation) CBDT, Special Secretary to Govt., Director General, Directorate of Systems, and Executive Director, PFRDA

Currently she is Government Nominee on disciplinary committee of institute of Chartered accountants of India ( ICAI) March 2022 till date and was Government Nominee on Board of Discipline, Institute of Chartered Accountants of india (ICAI) March 2018 to 2021

 

Kinshuk Jha is an Associate Professor and Executive Director, Centre for Comparative and International Taxation (CCIT), Jindal Global Law School (JGLS). He pursued his LLM in Europe between 2009-11, with a full scholarship from the European Commission. He then practiced for a couple of years dealing with Transfer Pricing and International Taxation matters in Pune. In 2013, he realised his calling for academia and joined JGLS. He has been
teaching domestic and international taxation to both, undergraduate and postgraduate students. He has been involved in several academic projects, ranging from innovations at the level of higher secondary education in India, where he co-authored the Legal Studies textbook for CBSE, to being part of an expert panel at the USTR investigations of India’s Digital Services Tax. His work focuses on taxpayer rights, anti-abuse provisions and digital taxation. In context of taxpayer rights in India, he first published a critical op-ed in The Hindu in 2017. The same year, he was granted a visiting scholarship at the IBFD Amsterdam. This research stay facilitated his investigation into the subject of taxpayer rights globally and offered him insights into the Indian taxpayer rights vis-a-vis the international best practices. From a policy analysis perspective, to comprehend the present and build on the future, an investigation of tax history was imperative. He authored a descriptive analytical article which traced the evolution of taxpayer rights in India right from the first Income tax Act of 1860 to the Finance Act of 2019. This peer reviewed work published in the Liverpool Law Review examined the jurisprudential, constitutional and administrative journey of taxpayer rights in India before the Taxpayer Charter of 2020. The book ‘Taxpayer Rights: Deciphering the Indian Charter’ co-authored with Mr. Mukesh Butani is the first title of its kind in India. Through such analytical works, he aims to discern solutions to achieve the fair balance between rights and obligations of taxpayers.

 

Panel Discussion Agenda

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