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Editorial

This issue of VISION: Journal of Indian Taxation addresses crucial topics ranging from consumer perceptions towards GST, the doctrine of ultra vires, tax literacy and digitisation of tax administration, critiques of tax-related decisions to the intersection between GST and MSMEs.

Mr. Yogesh Garg and Dr. Neeta Anand, in their paper on ‘A study on consumer awareness and perception about GST’ discover the degree of consumer awareness and perception of GST. The authors employ primary data collected through a well-structured questionnaire from consumers belonging to different age groups and examine the relationship between customer awareness and perception about GST.

Elucidating on the ‘doctrine of ultra vires’ that helps in defining where a company has gone wrong or when an action is outside the scope of the authority of the company, Dr. Meetu Agarwal, in her paper, explores the concept of ‘doctrine of ultra vires’ and its relevance and application in the present day. The paper addresses the doctrine's significance, development, effects, and other facets.

This issue is also characterised by ‘critiques’ of various decisions and outcomes. Ms. Prakriti Singh in her study titled Allowability of contribution from the CSR finds as deduction under Section 80G of the Income Tax Act 1961: A jurisprudential critique’ argues against the deductibility from two perspectives: firstly, from the point of view of the meaning and context of donation in Indian tax law and the tests laid down by the Indian Supreme Court in this regard; and secondly in terms of it being a colourable attempt at tax subsidizing. Also examining the ‘Taxability of receipts from live transmission rights as royalty under the domestic law: A critique of the tax tribunal decision in the Fox Network Group Case’ is Dr. Ajit Kumar Singh. The study intends to analyse and review the law on the subject and jurisprudentially critique the Fox Networks Group decision in the light of the principles evolved to interpret the concept and context of royalty, both internationally as well as at the domestic level, post amendment.

MSMEs play a crucial role in employment generation and the development of the economy. In recognition of the same, Dr. M. M. Sury, in his paper, titled ‘GST and Micro, Small and Medium Enterprises (MSMEs)’ discusses the various provisions related to GST that are of particular significance to MSMEs such as composition levy scheme, soft tax rate policy for MSMEs, simplified compliance procedures for MSMEs and sector-specific concessions and reliefs.

In keeping with the contemporary theme of the digitisation of every sphere of our lives, Mr Rahul Bhasin’s paper on the ‘Digitization of income tax administration in India’ becomes extremely relevant and interesting. The paper outlines the importance of the digital economy and knowledge economy in the context of the tax administration in India. It also acquaints the reader with the various initiatives taken by the government of India that have simplified tax compliance and eased the compliance burden.

Another relevant discussion in this issue is on smart contracts by Mr. Ashish Narang. The purpose of the paper was to analyse the uses of smart contracts, and to weigh its positive potential against its negative potential along with analysing how this technology can benefit India. Additionally, it analyses the legal recognition and enforceability of smart contracts in India while drawing from the regulatory experiences of other jurisdictions, with a focus on the experience of the United Kingdom.

Another interesting paper titled ‘Determination of tax literacy: A Systematic Review and Conceptual Framework’ presented by Mrs. Gurpreet Kaur and Prof. Shailinder Sekhon, proposes a conceptual framework of tax literacy (basic, advance and functional) in the Indian economy through a systematic literature review. It has applied a tax literacy framework and determined the basic, advance and functional tax literacy levels of individual taxpayers.

We hope this issue of VISION illuminates our readers with the diverse range of temporal subjects it presents and that the journal upholds its commitment to foster and promote a thorough understanding of the Indian tax system, tax policy and laws and their implications.

 

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