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Anti-Profiteering measure and price control mechanism under GST


By Brijesh Kothary

The revised model Goods and Services Tax (GST) law has been released by the Government, taking into consideration various representations received from the stake-holders. The revised model law is widely viewed by the industry to be liberal in many aspects, as it has done away with taxability of securities and free supplies betw...

Treatment of China in Anti-dumping investigation after 11 December 2016 – The EU proposal


By Edouard Descotis

On 11 December 2016, specific provisions of Section 15 of the Protocol of Accession of China to the WTO will expire. Under the specific provisions, WTO members are allowed to deviate from the general rules laid down in the WTO Anti-dumping Agreement when dealing with investigations against China. The specific provisions allow ...

Implication of amalgamation on assessment proceedings

By Sumeet Khurana

A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law.  Section 170 of the Income Tax Act, 1961 deals with cases of succession in general and can be applied to succession of companies by way of amalgamation. It provides that in a case where...

Input Tax Credit under GST regime – Make it seamless


By Amutha Balasubramanian

The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India. GST is a destination-based, value added taxation system. GST will be a dual levy in India and the eligible transactions will be subject to levy of both CGST and SGST in the case of...

Alignment of ‘Period of Investigation’ in AD and CVD investigations to avoid double remedy


By Aman
 
Paragraph 5 of Article VI of the General Agreements on Tariffs and Trade, 1994 (hereinafter referred to as “GATT”) states that “No product of the territory of any contracting party imported into the territory of any other contracting party shall be subject to both anti-dumping and countervailing duties to co...

GST – A look at certain grey areas in transition provisions


By Geetika Srivastava

The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry. This leaves the industry with just a few months to prepare for the trans...

Do taxes cloud the novelty of SARs?


By Bharathi Krishnaprasad

Comparison between Stock Appreciation Rights and Employee Stock Option Plans

Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an or...

Targeted dumping: An examination


By Prianka Mohan

Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping. The legal provisions relating to targeted dumping are set forth in Article 2.4.2 of the Agreement on Implementation o...

GST – A look at draft rules on registration and invoices


By Dr. G. Gokul Kishore

India is on the expressway in implementing the biggest reform ever in its indirect tax system. Till July, possibility of implementation of Goods & Services Tax (GST) was perceived as riddled with uncertainty but the Indian political parties have come together and ensured that the Indian Constitution stands amended to p...

Spending less than ALP can also have adverse implication


By Sumeet Khurana

Introduction

A person resident of India under the Income-tax Act, 1961 (‘the IT Act’) is liable to tax in India on his global income [see end note 1].  The resident, when transacting with its Associated Enterprise (AE) is obliged to offer to tax, the income arising

Application of lesser duty rule in anti-dumping investigations


By Edouard Descotis

The Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade (the “WTO Anti-Dumping Agreement”) provides that anti-dumping duties can be imposed on dumped imports that cause injury to the domestic industry. It also provides guidance to determine the level of remedy which, in any c...

Tax bonanza for Telecom companies?


By Sumeet Khurana

Background

Honourable Delhi High Court in a recent decision [see End Note No. 1] has held that the deduction under Section 80-IA(2A) for telecommunication companies is also available with respect to various ancillary income such as liquidated damages, interest, sale of directories and extra-ordina...

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