This internship was up till now, the mostcompelling internship I have done compared to all my other internships, withrespect to exposure, training and learning. Economic Laws Practice (ELP) has a unique positioning amongst law firms in Indiafrom the perspective of offering comprehensive services across the entirespectrum 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 theopportunities to be a part of brief meetings with few senior advocates. ROLES AND RESPONSIBILITIES Being an intern, my major responsibilities comprisedof assisting my fellow recruiters and colleagues with research work on several arenas,like Competition law, Corporate Law, International Trade and Customs, Litigationand Dispute Resolution and Tax.
Another among my jobs was making precise casenotes and List of Deeds on the case files assigned to me and on the judgmentsrequired 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 advocatesin client meetings in case of matter related to customs duty. WORK DONE DURING INTERNSHIP Following are few of the topics which arementioned under ‘Roles and Responsibilities’. All the information providedherewith is based on the research work conducted during the course of myinternship by me. Competition LawMy centre of research was limited to findingcase laws on the grounds given by the Hon’ble Supreme Court for imposition ornon imposition of anti dumping duties.
The elementary purpose was to look intomatters of anti dumping and when and how does the liability of an individual orcompany arises when held liable. CorporateTeamI wasworking with the Corporate Team for a stretch of three days. The work wasmostly clerical and involved preparation of contracts. I was asked to write onthe Stamp paper of every contract and stamp it with the appropriate companyseal. Thereafter, I was asked to obtain the signatures of the signatories tothe respective company.Tax Litigation Case The majorcase upon which I worked was the Shruti Enterprise case. The main parties andthe clients were M/s Shruti Enterprise and Shri Mahabir Prasad Gupta.
M/sShruti Enterprise is aprocessing and manufacturing unit engaged in the processing of Polyester wasteand scrap and manufacture of plastic granules of irregular shape and size knownas ‘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 availingwrong benefit of the exemption granted under a Notification issued by theCentral Government, on their raw material, Polyester waste, for the productionof ‘Popcorn’. Therefore, investigation was initiated and summons issued.Thereafter, a Show Cause Notice was issued.I wasgiven the opportunity to attend the client meeting for this case, based onwhich I drafted the reply to the Commission.
I also did research on the caselaws that supported our arguments.The GATT Principles The General Agreement on Tariffsand Trade (GATT) is the most important legal source of world trade law. It wasnegotiated during the United Nations Conference on Trade and Employment afterefforts to create the International Trade Organization remained withoutsuccess. After the horrors of the SecondWorld War, the international community set itself the objective to reintegratethe global economy fundamentally. The goals pursued by the GATT are explicitlyenumerated in the preamble, namely raising the standard of living, ensuringfull employment, increasing the real incomes, the effective demand and theproduction. Globally, this also entails the full use of the world’s resourcesand expanding the production and exchange of goods.
Special emphasis is put onthe support of developing countries, as they represent three quarters of the130 signatory countries.Although the WTO and the GATT areoften described as enhancing “free trade”, the system allows certain forms ofprotection. This is why, more accurately, one should speak of a system of rulesdedicated to open, fair and undistorted competition. I was given the task ofunderstanding these principles and inferring the grounds so as to find whycustoms was considered as a non tariff barrier. LEARNING EXPERIENCE The time consuming hard work and efforts putin this internship helped me a lot to have a broad interpretation of theexisting laws and questioning the loopholes present in the legal system.
Bydoing my research work on such varied topics, from Arms Act to Competition Lawto Tax Litigation, I got the gist of how the law of the country stands. The experienceswhich I cherish the most were when the personnel used to get into thediscussion of a certain case or law with me and how the manner in which theyencouraged and guided me at every step. This internship has certainly beenfruitful, along with teaching me what satisfaction means after a mind- numbingmonth, and has also given me a lot to learn which never lets my curiosity forlearning fade away.