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What is Administrative Law?

The body of law and legal work that deals with government agencies is in essence, Administrative Law. Government agencies are created by Lawmakers so that these agencies, in turn, can create and implement fair and just laws enforcing regulations on all aspects of government functions. Administrative law is a diverse area of lawBroadly administrative law is a comprehensive term inclusive of varied law categories. A lawyer practicing administrative law may never be in a courtroom. Conversely, an administrative lawyer of another type might be filing legal documents and arguing with judges in a formal backdrop for the most part. There are administrative lawyers interacting with people a lot while drafting documents is what yet another type of administrative lawyers do for the most part. The only criterion is the administrative lawyer actually doing government work or working with the regulations of the government.Who practices administrative law?Government WorkersAdministrative lawyers are inclusive of public and private attorneys. Public attorneys function within a government agency with wide-ranging practice areas. Private attorneys, however, may work for a government agency as well on the basis of a contractual agreement instead of as an employee. Working on behalf of private clientsAttorneys may practice administrative law on their private clients’ behalf. They may, for example, assist a client in the navigation of administrative procedures so as to ensure they successfully make a specific claim to an agency. In consultation with a client, a formal court proceeding may be initiated once administrative remedies are depleted. An administrative law attorney might be representing a private client for the sole purpose of challenging the constitutional validity of a regulation.  Types of administrative law practiceThere are a wide variety of tasks that administrative lawyers perform with the duties varying extensively within each agency and even amongst certain duties within an agency. An administrative lawyer may typically do one or more of the following:A well-documented law An administrative lawyer might actually covert the orally accepted laws into written laws. These lawyers might have documented policies and procedures which are guidelines on executing specific aspects of the duties of an agency. If a case qualifies for hearing, a trial brief or a court motion may be prepared. When an attorney doubles up as an administrative law judge, they are empowered to draft opinions and judgments. The primary role of an administrative law attorney is drafting which might be all but one aspect of their duties.Counseling for agency leadersAs and when top officials and agency leaders plan on making rules and regulations, they require attorneys to assist them in understanding the probable impacts of their decisions. They ought to know whether courts are inclined to upholding their regulations. Administrative lawyers can assist officials to give recommended regulations the proper consideration. On proposed regulations, they can evaluate public comments as well and provide guidance to officials according to public input.Claims evaluationMost administrative agencies have preset public procedures for making claims to the agency directly which are then evaluated by attorneys for confirmation on possible provisions of the law requiring the approval of claims and the associated risks.Representing the agency at hearingsIn most administrative agencies there is an appeals process of decision-making of an agency. In the vast majority of cases, this hearing begins within the agency by an agency judge and a decision is made prior to the case reaching the judicial branch of the court. An attorney at these administrative hearings may be the mouthpiece of the administrative agency; essentially an attorney who is an employee of the agency as well. Should the case progress to the courts over and above an internal hearing, administrative lawyers represent their respective agencies in court as usual.Developing internal systems and processes of an organizationGovernment agencies require procedures for doing its work and therefore need forms, timelines and approved guidelines for their assigned tasks. Lawyers are involved to ensure that these policies and procedures are in sync with the legislative authority of the agency. They ensure that there aren’t any constitutional or due process considerations that the agency might have missed while implementing policy. What they do aids and abets the seamless functioning of their agency.  Administrative law judgeWhen an agency’s internal procedures for hearing are in place an administrative law judge hears and decides the case. These judges typically are attorneys entrusted with the vital task of listening to the evidence and making a decision.EnforcementGovernment Rules and regulations are made to be broken as they say by government agencies and inevitably, what that means is eventually someone actually violating the regulations. On instances of a violation occurring, there needs to be a procedure of identifying the violation and enforce its rules effectively. Administrative law attorneys level violation charges and pursue ways of enforcing the requirements of the agency. Challenging administrative rules and regulationsTo challenge the validity of an agency regulation a private person or corporation might want to bring a class-action lawsuit. They might even think that the agency wasn’t authorized by the legislature to form a particular regulation. Conversely, they may challenge on constitutional premise. There might be disagreements in regards to an administrative law judge’s decision and the aggrieved may intend on challenging the decision by filing a lawsuit. Regardless of the circumstances, be it a  person or corporation they typically hire their own administrative law attorney. Legal pleadings, presenting evidence and making arguments in a court of law on behalf of their clients. ?Contact 7604047601 to consult with our registered expert administrative lawyers on Vidhikarya.

Posted By

Avik Chakravorty

3 days ago

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Why Advertising their services is a no-no for Lawy...

In a public notice, the Bar Council of Delhi recently announced that recalcitrant lawyers violating the rules and regulations of the Bar Council would face prosecution under the Advocates Act, 1961. The Bar Council of Delhi publicly announced that notices of misconduct were issued to lawyers found to have published social media advertisements inclusive of Facebook and WhatsApp. The notice mentioned that lawyers violating or flouting Bar Council rules would face prosecution under the provisions of The Advocates Act, 1961.What is the problem with lawyers advertising their services?According to the rules and regulations in India, advocates are disallowed by publicizing their services. The Advocates Act, 1961’s subsection 1(c) of Section 49 of General power of the Bar Council of India authorized to make rules also empowers the Bar Council of India to create and implement Rules on the standard of professional conduct and etiquette that advocates ought to follow and indeed abide by.Clause 36 under Section IV which is essentially about Duty to Colleagues of the Standards of Professional Conduct and Etiquette that advocates ought to abide by as laid down by the Bar Council of India states that advocates should not be soliciting work or advertising either in a direct or indirect manner through circulars, ads, touts, communicating personally, interviews, giving or organization newspaper comments or obtaining photograph for publishing in regards to cases concerning the lawyer.Besides, the lawyer’s sign-board or name-plate should be of an appropriate size. The sign-board or name-plate or stationery should not mention that he is or was President or Members of a Bar Council or of some Association or that the lawyer was attached to any person or organization or with a particular cause or matter that the advocate may have the sp[ecialization in or the other exception to the rule being the lawyer is a former judge or an Advocate-General.An advocate who circumvents these Rules is liable to be prosecuted under Section 35 of The Advocates Act, 1961. Based on this Section sweeping powers including reprimanding or suspending the advocate from practice for a fixed period, removing the advocate’s name from the state roll of advocates and last but not the least, dismissal of the complaint have been granted to a State Bar Council. Click here to consult with registered expert advertising lawyers on Vidhikarya.

Posted By

Avik Chakravorty

4 days ago

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Consult Top Income Tax Lawyers in India

SUNDARAVADIVELU  VELU

SUNDARAVADIVELU VELU

Proprietor
Exp
Chennai , Tamil Nadu

Specialization

  • Tax-Income Tax
  • Civil
  • Partnership
  • Sale Of Goods
  • Trust And Society (NGO)
SPECIALISED IN DIRECT AND INDIRECT MATTER, CHEQUE BOUNCE CRIMINAL CASES, PROPERTY DOCUMENTATION View Full Profile
Total Answers Given : 10
A.G.SYAM  KUMAR

A.G.SYAM KUMAR

Advocate
Exp
Thiruvananthapuram , Kerala

Specialization

  • Tax-Income Tax
  • Advertising
  • Maternity
  • Sale
  • Software License
Pavan  kumar Gudipati

Pavan kumar Gudipati

Advocate
Exp
Hyderabad , Telangana

Specialization

  • Tax-Income Tax
  • Commercial
  • Divorce
  • Cheque Bounce
  • Real Estate
I am willing to take up cases at the High Court of Telangana, Company Law ( NCLT), Cheque Bounce cases, Mutual Divorce cases. I am willing to take up cases in Hyderabad in any Tribunal / Court. I am a Fresher and willing to take up cases. Contact Time : 6pm to 9pm View Full Profile
Total Answers Given : 36
Md. Nasim  Akhtar

Md. Nasim Akhtar

Advocate
Exp
Ranchi , Jharkhand

Specialization

  • Tax-Income Tax
  • Civil
  • Documentation
  • Tax
  • Tax-GST
Welcome to Adv NASIM AKHTAR:- where we offer professional services to sort your legal issues in a personal manner with utmost integrity and legal efficiency. We offer you the right kind of advice with all if's n buts' related to all your legal issues before different Courts and Forums. We provide hi View Full Profile
Shehbaaz  Sayed

Shehbaaz Sayed

Advocate
Exp
Mumbai , Maharashtra

Specialization

  • Tax-Income Tax
  • Criminal
  • Administrative Law
  • Adoption
  • Advertising
I am practicing in High Court and all other Courts in Maharashtra. View Full Profile
RAKTIM  PUJARI

RAKTIM PUJARI

ADVOCATE
Exp
Sundargarh , Orissa

Specialization

  • Tax-Income Tax
  • Banking
  • Cheque Bounce
  • Corporate and Incorporation
  • Consumer Protection
Self managed and dedicated professionals to provide legal services in a distinct and practical way. View Full Profile
Total Answers Given : 3
ROHIT  GUPTA

ROHIT GUPTA

Partner
Exp
New Delhi , Delhi

Specialization

  • Tax-Income Tax
  • Corporate and Incorporation
  • Financial Markets And Services
  • Trust And Society (NGO)
I am a legal luminary and a Chartered Accountant with over 15 years of experience representing various clients at Corporate Law, NCLT, CESTAT, and Tax tribunals. I have expertise in Banking recovery matters, corporate law matters, tax matters and drafting petitions before SC and HC for Tax matters. View Full Profile
Total Answers Given : 2
Advocate Roshan  Khatri

Advocate Roshan Khatri

MD & CEO of Khatri Law House
Exp
Lucknow , Uttar Pradesh

Specialization

  • Tax-Income Tax
  • Family
  • Cheque Bounce
  • Civil
  • Consumer Protection
Based in Lucknow, Khatri LAW HOUSE is a team of experts that aims at giving the best to its clients. It has been in the field for 17 years and upholds ‘Professional Excellence’ as its motto. Khatri LAW HOUSE is a one of the Top law firms in Lucknow. Our Lawyers in Lucknow provide a legal servi View Full Profile
Total Answers Given : 1
Vivek  Pratap Singh

Vivek Pratap Singh

ADVOCATE
Exp
Allahabad , Uttar Pradesh

Specialization

  • Tax-Income Tax
  • Corporate and Incorporation
  • Tax-GST
  • Commercial
  • Arbitration And Mediation
Practicing in the matters including tax writs, including recovery of tax; appeal arising out of direct and indirect tax; tax references for order, admission of cases, revenue, civil and criminal matters before the allahabad high court, tribunal and NCLT allahabad. View Full Profile
JITENDRA  AGARWAL

JITENDRA AGARWAL

Taxation Lawyer
Exp
Rishikesh , Uttarakhand

Specialization

  • Tax-Income Tax
  • Tax
  • Tax-GST
  • Tax-Property Tax
  • Sale Of Goods
A Leading Taxation Advocate with over 35 years of experience. Primary Expertise includes Income Tax, GST, TDS return filing. Providing complete taxation solution for all your business & personal needs. View Full Profile
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  • What is Income Tax?
  • What are Income Tax Laws?
  • Why it is Necessary to pay Income Tax?
  • What is the penalty for not paying Income Tax?

What is Income Tax?


Income Tax refers to the tax collected by the central Government for each financial year on the total taxable income of an assesse earned during the previous year. As per Section 2(7) of the Act,

Assesse refers to-

  • Person liable to pay any tax or any other sum of money
  • Every person in respect of whom any proceeding under this act has been taken for the assessment of (1) his income or (2) the loss sustained by him or (3) the amount of refund due to him
  • Every person in respect of whom any proceeding has been taken under this act for the assessment of (1) the income of any other person in respect of which he is assessable or (2) the loss sustained by such other person or (3) the refund due to such other person
  • A person who is deemed to be an assesse under any provision of this Act.
  • A person who is deemed to be an assesse in default under any provisions of this act.

What are Income Tax Laws?


The Income Tax Act 1961 is the law in force in India. The framework of income tax is dependent on two primary things, the determination of the residential statue, and the calculation of the total income which would be inclusive of salary, income from capital gain, income from other sources, etc.

The prescribed method of assessing tax in India is the Slab system. The understanding of the term ‘income’ as per Section 2(24) is exhaustive not inclusive. Hence an illegal income, casual incomes, gifts (subject to certain conditions), etc. are taxable. Casual income refers to the kind of income which lacks the element of foreseeability, it’s an income that is not a portion of the regular income, for example, winning from horse races.

Necessity to pay Income Tax


For our country to move forward and allowing the Government of India to take initiatives for welfare of the countrymen. The Roads, Health Schemes and all other welfare schemes are taken up from the taxpayer’s support. Which benefits all.

Penalty for not paying Income Tax


Unpaid taxes are subject to their own charges. Even if a customer files his / her returns or extension by the 15th of April but fail to pay the money they owe in the same month, a non-payment penalty equal to 0.5% of the due tax will be levied. Similar to a non-filing penalty, a non-payment penalty is also calculated for each month, or parts of the month in which your tax bill remains unpaid. Again, like the non-filing penalty, this penalty can accrue until it hits 25% of the customer’s unpaid tax bill.

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