This internship was up till now, the most
compelling internship I have done compared to all my other internships, with
respect to exposure, training and learning. Economic Laws Practice (ELP) has a unique positioning amongst law firms in India
from the perspective of offering comprehensive services across the entire
spectrum of litigation, regulatory, transactional, advisory and tax matters.
This internship assisted me with my research work, case law knowledge,
enlightened me about the upcoming legal challenges and rendered me with the
opportunities to be a part of brief meetings with few senior advocates.
ROLES AND RESPONSIBILITIES
Being an intern, my major responsibilities comprised
of assisting my fellow recruiters and colleagues with research work on several arenas,
like Competition law, Corporate Law, International Trade and Customs, Litigation
and Dispute Resolution and Tax.
Another among my jobs was making precise case
notes and List of Deeds on the case files assigned to me and on the judgments
required for research work. The case files were related to Customs, CESTAT,
Anti dumping duties etc. I was also given opportunities to assist the firm’s advocates
in client meetings in case of matter related to customs duty.
WORK DONE DURING INTERNSHIP
Following are few of the topics which are
mentioned under ‘Roles and Responsibilities’. All the information provided
herewith is based on the research work conducted during the course of my
internship by me.
My centre of research was limited to finding
case laws on the grounds given by the Hon’ble Supreme Court for imposition or
non imposition of anti dumping duties. The elementary purpose was to look into
matters of anti dumping and when and how does the liability of an individual or
company arises when held liable.
working with the Corporate Team for a stretch of three days. The work was
mostly clerical and involved preparation of contracts. I was asked to write on
the Stamp paper of every contract and stamp it with the appropriate company
seal. Thereafter, I was asked to obtain the signatures of the signatories to
the respective company.
Tax Litigation Case
case upon which I worked was the Shruti Enterprise case. The main parties and
the clients were M/s Shruti Enterprise and Shri Mahabir Prasad Gupta. M/s
Shruti Enterprise is a
processing and manufacturing unit engaged in the processing of Polyester waste
and scrap and manufacture of plastic granules of irregular shape and size known
as ‘popcorn’ in common trade parlance. The case was that the Directorate General of Central Excise Intelligence
(DGCEI) gathered intelligence about M/s Shruti Enterprise that it was availing
wrong benefit of the exemption granted under a Notification issued by the
Central Government, on their raw material, Polyester waste, for the production
of ‘Popcorn’. Therefore, investigation was initiated and summons issued.
Thereafter, a Show Cause Notice was issued.
given the opportunity to attend the client meeting for this case, based on
which I drafted the reply to the Commission. I also did research on the case
laws that supported our arguments.
The GATT Principles
The General Agreement on Tariffs
and Trade (GATT) is the most important legal source of world trade law. It was
negotiated during the United Nations Conference on Trade and Employment after
efforts to create the International Trade Organization remained without
After the horrors of the Second
World War, the international community set itself the objective to reintegrate
the global economy fundamentally. The goals pursued by the GATT are explicitly
enumerated in the preamble, namely raising the standard of living, ensuring
full employment, increasing the real incomes, the effective demand and the
production. Globally, this also entails the full use of the world’s resources
and expanding the production and exchange of goods. Special emphasis is put on
the support of developing countries, as they represent three quarters of the
130 signatory countries.
Although the WTO and the GATT are
often described as enhancing “free trade”, the system allows certain forms of
protection. This is why, more accurately, one should speak of a system of rules
dedicated to open, fair and undistorted competition.
I was given the task of
understanding these principles and inferring the grounds so as to find why
customs was considered as a non tariff barrier.
The time consuming hard work and efforts put
in this internship helped me a lot to have a broad interpretation of the
existing laws and questioning the loopholes present in the legal system. By
doing my research work on such varied topics, from Arms Act to Competition Law
to Tax Litigation, I got the gist of how the law of the country stands. The experiences
which I cherish the most were when the personnel used to get into the
discussion of a certain case or law with me and how the manner in which they
encouraged and guided me at every step. This internship has certainly been
fruitful, along with teaching me what satisfaction means after a mind- numbing
month, and has also given me a lot to learn which never lets my curiosity for
learning fade away.