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Hon’ble Justice Sri Ujjal Bhuyan shared his personal experiences as a Judge of the Mumbai High Court and the landmark Judgements on arrest provisions of GST under section 69 and property attachment provisions under section 83 of GST Law.

By   /  March 24, 2024  /  Comments Off on Hon’ble Justice Sri Ujjal Bhuyan shared his personal experiences as a Judge of the Mumbai High Court and the landmark Judgements on arrest provisions of GST under section 69 and property attachment provisions under section 83 of GST Law.

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Hyderabad : A full-day National Tax Conference was held at FTCCI on Saturday in the city at FTCCI in Red Hills.   It was organised by 49 years old All India Federation of Tax Practitioners (AIFTP), South Zone, with the support from Telangana Tax Practitioners Association, the Federation of Telangana Chamber of Commerce & Industry (FTCCI)

Hon’ble Justice Sri Ujjal Bhuyan, Judge, Supreme Court of India was the Chief Guest and Hon’ble Justice Sri Alok Aradhe, Chief Justice, High Court of Telangana was the Guest of Honour. They opened the Conference by lighting the lamp along with the office bearers of the AIFTP.

Giving his keynote address Hon’ble Justice Sri Ujjal Bhuyan shared his personal experiences as a Judge of the Mumbai High Court and the landmark Judgements on arrest provisions of GST under section 69 and property attachment provisions under section 83 of GST Law. He narrated to the hall full of over 400 advocates, tax practitioners, and tax consultants his experiences as a Judge in Mumbai High Court on the arrest.  He stated while no court in the country was giving bail to the arrested, they have granted bail based on the principle that the officers who have the power to arrest a person shall also record the reason before arresting the person.  His judgement in the Mumbai High Court paved the way for similar Judgements in granting bail on property attachment.  He stated that it will infringe the right to privacy of the person and it shall be exercised by the officer concerned very judiciously.  He recalled the provision of the Prevention of Money Laundering Act, 2002 (PMLA) compared with sections 69 and 83 of the GST law and stated that these stringent provisions of law given to officers will have a profound impact on the business. He also stated that the power shall be exercised in such a way that business is not crippled.

Hon’ble Shri Ujjal Bhuyan said it is always a pleasure to come back to Hyderabad which is like a homecoming.  I have sweet memories of this place.  The people of Telangana are kind, he said.

Hon’ble Justice Sri Alok Aradhe, Chief Justice of Telangana High Court said tax is the critical pillar of a civil society.  The government imposes taxes to run the machinery of the state. It fulfils the social and economic growth of the society. Tax is a vast subject. it is a complex and rapidly changing one.  Quoting Chanakya, an ancient Indian polymath, philosopher, economist, jurist, and royal advisor, he said taxes from the citizens must be collected in such a way as honeybees collect nectar from the flowers, gently and without inflicting pain.  He wished the conference would effectively exchange ideas and harness collective wisdom for the advancement of public good through reasonable and respectable practice.

The conference was organised in Hyderabad after a gap of 8 years.  The conference among other things discussed about Understanding Sec.43B(h): Section 147 and 148 from 1.4.2021: A Welcome Bliss or disguised Bane; Analysis of Input Tax Credit, U/s 16 (2) and 16 (4) & Recent Landmark decisions under GST

Giving his welcome address Nagesh Rangi, Chairman of the Conference Committee said the illiterate of the 21st century will not be those who cannot read and write but those who can’t learn, unlearn and relearn. The national conference came to the city after a gap of many years. The purpose of this conference is to disseminate knowledge both on direct and indirect taxes.  The year 2026 will be the golden jubilee year of AIFTP.

Meela Jayadev, President of FTCCI said the conference is about keeping members abreast with the developments in the laws, which keep changing.  The FTCCI has been demanding Telangana State Government increase the threshold limit for GST to Rs 40 lakh turnover as in many states from the current Rs 20 lakh, Meela Jayadev, President, FTCCI reminded the audience and the learned experts in the audience.

K Narsing Rao, President of the Telangana Tax Practitioners Association said 400 delegates from across India were participating in the conference

Dr. Ramaraju Srinivas, Chairman of AIFTP South Zone hoped that delegates would have an in-depth understanding at the end of the conference about the laws and issues around direct and indirect laws.  Tax implementation is complex.  They need to be simplified.  The theme of the conference is “Legal & Ethical Dimensions in Taxation”.

Irshad Ahmed, Chairman of GST and Customs Committee of FTCCI said we have our share of memories of GST which is now 7 years in the journey. The GST practitioners have been looking forward to the setting up of The GST Appellate Tribunal which is long due and that represents a specialised authority formed to resolve GST-related disputes at the appellate level.

Sameer S. Jani, National Deputy President of AIFTP spoke of 3es –education, ethics and excellence as a way forward for the profession.  As a tax practitioner, we supplement the efforts of the government.

The last conference held in Hyderabad was in 2015. Now the conference returned to the city after 8 years.  The knowledge you acquire through these conferences needs to be disseminated to the rest of the fraternity.  That will be a great help you can do to your profession he told the participants.

During the inaugural, AIFTP honoured some of the senior members in recognition of their contribution to the profession.  An e-Souvenir was also released.

CA P Samba Murthy, CA K Rajendra Prasad, Sri M Sreenivas, Retd., Principal Chief Commissioner of GST for Tamilnadu & Pondicherry, CA V Sudhir and others graced the conference

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