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
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
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...
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
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...
Refund of excess customs duty paid under self-assessment system
By Atish Laddha
The Central Excise law provided for physical control for all commodities except a few in the past. However, subsequently self-assessment mechanism was introduced in Central Excise in which the revenue authorities’ role at the time of clearance of goods has be...
Transparency and confidentiality in AD investigation proceedings
By Atul Gupta
Investigation process adopted by the Designated Authority in anti-dumping cases has recently been called into question before the Hon’ble Delhi High Court by the participating exporters. Proceeding has been challenged mainly on the ground that the Designated Authority failed to supply the information and data relied upon by it in the ...
Corporate Guarantee – Certainty in taxation not guaranteed!
Affiliates of Multi National Enterprises (‘MNEs’), in the recent past, are moving more towards functioning independently from their parent, operational and financial. The freedom given in managing their own affairs in growing economies like India, has helped the affiliates to grow faster in the local markets. However, ...
GST and centralized registration
By K. Srikanth
Much has been said about the introduction of levy of additional 1% tax proposed under clause 18 of the Constitutional (122nd Amendment) Bill 2014, (duly passed in Lok Sabha and which is now placed before a special committee, pending for approval by the Rajya Sabha, and subsequently by 50% of State Legislatures) on supply o...