Friday, December 25, 2015

2010 Question Paper,University Of Pune Question Paper,LW - 912 : GENERAL PRINCIPLES AND CONSTITUTIONAL SCHEMES RELATING TO TAXATION,LL. M. ( Semester - III )

University Of Pune Question Paper
LL. M. ( Semester - III ) Examination - 2010
LW - 912 : GENERAL PRINCIPLES AND
CONSTITUTIONAL SCHEMES RELATING TO TAXATION
(Old Course)
Time : 3 Hours] [Max. Marks : 60
Instructions :
(1) Answer any four questions.
(2) All questions carry equal marks.
Q.1) The fact that the recommendations of the Finance Commission are not
binding on the President, the efficacy of setting up the commission is
rendered futile. Comment.
Q.2) Can the Doctrine of Promissory Estoppel be pleaded against the Government
for withdrawing of a tax exemption ?
Q.3) “The cannon of convenience states that every tax ought to be levied at
the time or in the manner in which it is most likely to be convenient for
the contributor to pay it.” What do you understand by this statement ?
Explain with reference to the cannons of taxation.
Q.4) In case of interpreting a taxing statute, one has to look at what is clearly
stated. There is no room for searching intentions, presumptions or equity.
Comment.
Q.5) What are the Constitutional Limitations on the legislative competence to tax ?
Q.6) There is judicial insistence on following the principles of natural justice and
fair play by the authorities who make orders that may have an adverse
impact on the rights of a person, especially in the field of taxation. Comment.
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