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Sales Tax Practioners' Association of Maharashtra

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Sales Tax Review

February  2008

Book Review

 

A MONUMENTAL work ON THE MAHARASHTRA VALUE ADDED TAX ACT, 2002 (2008 2ND EDITION) BY RENOWNED TAX PRACTITIONER, SHRI SHANTILAL C. SHAH, PUNE

Justice Holmes once remarked in a hot response to his Secretary: - “Young fellow, I like to pay taxes. With them I buy civilization.” But if Government is uncivilized and the law mysterious, the law is “a riddle wrapped in a mystery inside an enigma.” What does the victim of the unjust tax demand do against frequent changes? Robert S. Thaft answered, in the American context, what soon may be applicable to the levy of taxation in India. I quote Thaft: - “When a law becomes so impossible to understand that the ordinary citizen must look to the ‘super expert’, the law becomes a trap and not a viable guideline.” Against this background, for years, the erstwhile Bombay Sales Tax Act had been modified and amended to the degree that only tax lawyers and accountants could by their brain storming really made any sense out of the said law. Now, with the advent of the modern ‘VAT Law’ and all of its cross implications, not even the tax lawyers and accountants are so sure of themselves about its current and future implications. Hence, one can no longer give advice in one area of the tax law without worrying about its implications in another area.

  1. In such a perplexing situation, Shri Shantilal C. Shah, our senior colleague, has come out to the rescue of all concerned dealing with VAT, with a brilliant edition of VAT Act, 2002 updated till December 2007. The book is nicely arranged into Part-I, Part-II and Part-III, explaining therein: (i) section-wise commentary on MVAT Act with case law, (ii) updated new Schedules with rate of tax, (iii) comparison of the provisions with BST Act and Income-tax Act, (iv) new composition scheme, (v) how to interpret Schedule entries?, (vi) whether VAT is suitable to our conditions?, (vii) all Notifications and Trade Circulars, (viii) important provisions of CST Act, 1956 and (ix) Frequently Asked Questions in respect of VAT, etc. And so, a study of the contents, will enable the busy practitioner, to know with advantage, the law from different angles or perspectives and also provide material for further probe. That is the novelty of the exercise undertaken by the distinguished author.

  2. This updated treatise therefore is a valuable tool for the benefit of the Bench, Bar, Trade and Industry and everyone who is concerned with the administration of VAT Act 2002. Hence, this book must find its place of pride on the desk of everyone concerned with VAT Law and we strongly recommend the book not only for individuals but also for law libraries in the State of Maharashtra.

  3. Needless to say that the book is moderately priced at Rs. 1,295/- with free CD and is attractively published by ‘Snow White’, a reputed law book publisher.

- D.H. Joshi

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