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Situs of IP for taxing rights

By Lakshmi Pavan

The penetration of digitalization in every sector of the economy is a challenge from taxation perspective. Given the global nature of operations, it is possible for multi-national enterprises (MNEs) fragment their production and supply chain across various low tax jurisdictions. They park and manage the Intellectual Property (‘IP’) in...

Countervailing duty laws in India

 By Radhika Sharma

India has finally opened its account by concluding its first Countervailing Duty (“CVD”) investigation with the issuance of the final findings [see end note 1] in the CVD investigation concerning “Castings for Wind Operated Electricity Generators” from China PR. However, this has brought to light the fact t...

Section 197 certificate is not proving to be good enough?

By Sumeet Khurana

Purpose of section 197

Provisions relating to deduction of tax at source (‘TDS’) do offer the government a good tool of efficient tax recovery but unless counterbalanced with a measure like Section 197, can become a weapon of oppression.  Thus, to ensure that taxpayers who don&rs...

Valuation of composite goods under VAT laws

By  Aayush Singla

In the case of State of Punjab v. Nokia India Pvt Ltd (2014-VIL-23-SC), the Supreme Court held that battery charger of a cell phone is not a composite part of the cell phone but only an accessory and is an independent product. Hence, battery chargers sold along with cell phones were held to be assessable ...

Date of expiry of definitive anti-dumping duty

By Atul Gupta

It is a debatable issue from which date the period of 5 years should be reckoned for determining the date on which imposition of definitive anti-dumping duty would expire, if no sunset review is conducted before such expiry (Article 11.3 of WTO: ADA).  This debate assumed significance in respect of Indian practice after the delivery of...

Month-end Provisions and Reversal – Is TDS called for?

By Rajat Juneja

Problem Statement

Multi-national enterprises (MNEs) do make monthly provision for various expenses in their ERP system at the end of each month. This might be a nearer approximation of the expenditure to be incurred. It is a method of generating a debit entry in the accounting system for an expendi...

Does GST continue with distortions of existing tax structure?

By   V. Sivasubramanian

Besides being a source of funding of public expenditure, taxes also enable influencing expenditure patterns thereby distorting individual behavior. Indirect taxes distort expenditures primarily by affecting the price of consumption goods. In India, the existing indirect tax system has become extremely distortionary with ...

Consistency between Indian Domestic Law and WTO: ADA to be maintained

By Atul Gupta

Article II of the GATT, 1994 provides that a Member country shall follow MFN principle. Article II.2 provides for exception to the MFN principles. One of such exception permits imposition of Anti-dumping Duty in terms of Article VI of the GATT, 1994. Article VI of GATT 1994 provides for imposition of Anti-dumping Duty on fulfilment of certa...

Consortium contracts with Government – Legal status

By Amar Gahlot

I. Introduction

It is basic economics - when it comes to consumption, government has the largest appetite. Government purchases include goods and services obtained from domestic and international suppliers and deployed in myriad projects ranging from defence and railways to infrastructure a...

The Rule 6 conundrum – Whether ‘Total’ Cenvat credit to be considered for reversal formula?

By Nalin Bajaj

Brief background

An assessee who is a manufacturer of dutiable goods or provider of output service or both invariably receives a number of services on which he pays service tax and is eligible to take credit of the same in terms of Rule 3(1) of Cenvat Credit Rules, 2004. However, such input service...

Enhancing effectiveness of enforcement – Retreading trade remedy law

By Manoj Gupta & Subhashree R

As a top merchandise trader, just behind China [see end note1], the USA is a huge import destination and a frequent user of the Anti-dumping instrument, USA is not new to innovations in AD laws and has already been through the Bryd Amendment which sought to distribute the revenue from AD levies among pet...

Jurisprudence of international tax law

By Varun Chablani & Sumitha Krishnan

Introduction

Taxation is a subject over which each State exercises its sovereign right. The basic charge of taxation can be traced to the domestic taxation law of a State. Each State, under its domestic law, exercises its right to tax a subject, based on a connection or lin...

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