Course Title: TAXATION LAW L T P/ SW/ TOTA

S FW L
Course Code: LAW442 CREDI
T
UNITS
Credit Units: 4 4 - - - 4
Course Objective: This course will provide each student
with an exposure to crucial aspects of taxing system of our country. Power to tax has been
described as the power to destroy. This idea is being floated often whenever the State introduces
a new tax. Is this true? Is it not necessary that in order to raise revenue and place the economy
on solid foundation, the taxing power should be conferred on the State? The power to tax shall
not go unregulated. In this context of a federal structure the distribution of the taxing powers
assumes added significance. Obviously, a study of the Constitutional framework on taxation
becomes important. Along with this, an analysis of the different laws enacted in exercise of
these powers with their safeguards and remedies sheds light on the mechanics of the taxation by
the Union and the States.

Prerequisites:
Basic knowledge of History concerning taxation and Development of Tax Laws in India

Student Learning Outcomes:

  To ensure all newly qualified law graduates have the technical and professional skills in
tax laws to begin their career and from which to build their ongoing professional
development.
 Aims to provide students with the technical skills and underpinning knowledge to
perform their work as an advocate in a variety of Tax environments.
To act as consultant in public sector and/or other corporate sectors on the matters concerning
taxation.

Course Contents/Syllabus:

Module I :General Principles of Taxation Laws

 Fundamental Principles relating to Tax Laws,

 Taxing power and constitutional limitations,

 Distinction between : Tax, Fee and Cess ;

 Tax avoidance and Tax evasion.

 Double taxation
 Tax planning and Tax management

 Regulatory Mechanism And appeal provisions under Tax Laws

Module II : Basic concepts of Income Tax

 Definitions:-
 Income, Previous Year, assessment Year, Person, Assesee and Total Income,
 Income not included in the Total Income.
 Residential status,
 Clubbing of Income,
 Rate of Income Tax,
 Heads of Income, Salaries, Income from House Property, Income from Business or
Profession, Capital Gains, Income from Other sources,
 Deductions under the Income Tax Act, 1961 ,
 Income Tax Authorities: Power and Functions ,
 Filing of returns and procedure for assessment,
 Offences and Penal Sanctions Revenue
Module III Tax on Sales and Services
 Meaning and importance of GST
  Difference between VAT, Sales Tax and GST

 Criticisms and limitations of Vat system and advantage of GST

 Taxable Service in GST

 Meaning and importance of Service Tax and its replacement with GST

 Valuation of Taxable Services in GST

 Offences and Penalities.

Module IV: Excise and Custom

 Structure of Excise Law and GST

 Definitions of ‘manufacture’ in GST
 Classification of goods:
 Central Excise Tariff Act 1985 and Related Provisions in GST
 Structure of Customs Law in India
 Territorial Waters of India
 ‘Goods’ under Customs Act
 Types of Duties ``

Pedagogy for Course Delivery:

The course will be conducted using lectures, assignments, moots and student writings (essays).
To train the students in tax law practice and litigation, practicing lawyers and specialists will be
invited for guest lectures . In addition to this, students will be encouraged to participate in
seminars and make class room presentation on relevant aspects of tax law.

Lab/ Practical details, if applicable: NA

List of Experiments: NA

11
Assessment/ Examination Scheme:

Theory L/T Lab/Practical/Studio (%) End Term

(%) Examination
 30% NA 70%

Theory Assessment (L&T):

Continuous Assessment/Internal Assessment
End Term
Components Examination
(Drop
Mid- Project Viva Attendance
down)
Term
Exam

Weightage
(%)
10% 10% 5% 5% 70%

Text & References :

 Iyengar, Sampath (2013) , Law of Income Tax new Delhi, Bharath Law
House.

 Jain, Narayan (2013) How to Handel Income Tax Problems , Book

Corporation.

 Palkivala, N.A. (2013), The Law & Practice of Income Tax , Nagpur : Wadha
Publication.

 Parameswaran , K. (1997) , Power of Taxation under the Constitution,

Eastern Book Company.

 Sharma, Remesh (2013) , Supreme Court on Direct Taxes, New Delhi :

Bharath Law House.

 Singh S.D. (1973), Principles of Law of Sales Tax, Eastern Book Company.

 V. Ramachandran & T.A. Ramakrishnan (eds.) (2010), A.N. Aiyar’s Indian

Tax Laws, Chennai: Company Law Institute of India Pvt. Ltd.

 Datey V.S., Indirect Tax, 2014, Taxmann Publication

 Singhania And Singhania, (2013-2014), Student handbook on Income Tax

including Service Tax and VAT