By Tushar Aggarwal
With the passage of time, different technologies and standards evolve. Similarly, law cannot stand still; it must change with the changing social concepts and values [see end note 1]. Tax laws though necessarily enacted in its own time, are nevertheless to be construed as taking note of the advances in technology.
Entertainment tax in India is being levied for more than a...
By T.D. Satish
Despite lack of procedural clarity about the conduct of oral hearings, India scores over EC, South Africa and Pakistan by requiring a compulsory hearing.
The One of the most sacrosanct principles of natural justice – the legal maxim of audi alteram partem, requires that no person shall be condemned or punished unless such person is heard. Oral hearing or one to one meetings w...
By Lakshmi Neelakantan
Export restraints generally refer to measures imposed by an exporting country on the export of certain goods which may take the form of export quotas, duties, and licensing or minimum price requirements. As compared to the frequently discussed topics of import controls under WTO law, like customs duties, import quotas, anti-dumping, subsidies and safeguard measures, exp...
By Iype Mathew
One of the important changes made as part of the amendments brought by Finance (No. 2) Act, 2014 is the amendment to the provisions relating to pre-deposit and grant of stay in Customs, Excise and Service Tax laws. Earlier, though pre-deposit of the full disputed amount was prescribed yet the appellate authority was vested with the discretion to waive pre-deposit and to grant ...
By T.D. Satish
Even though the mechanism set up by India in applying the provisions of Article XIX of GATT and Agreement on Safeguards (AOS) in India through its domestic safeguard provisions [see end note 1] satisfy the basic requirements required for its implementation, however, when compared to other countries, there remain a lot of procedural loop-holes still to be filled in to make the s...
By Chaitanya Bhatt
Section 66E(b) of the Finance Act, 1994 enacted pursuant to the introduction of the negative list regime with effect from 1-7-2012 reads as under:
“SECTION 66E. Declared services. — The following shall constitute declared services, namely :—
(b) construction of a complex, building, civil structure or a part thereof, including a complex or building intended for sal...
By Shivam Mehta and K. Prathiba
Valuation under Central Excise law has always been one of the areas of dispute and it has again been brought to the fore front of discussions with the recent decision of the Supreme Court in the case of Super Synotex (India) Ltd and Others. In this case, the issue of inclusion of a part of the sales tax amount collected and retained by the manufacturer as allow...
By Geetika Srivastava
As rightly quoted by Ralph Waldo Emerson – “For every benefit you receive a tax is levied”. Taxes are now being levied on many transactions. However, education has always remained tax free. Our tax statutes have always spared education provided at primary and secondary levels. Under service tax law such benefit has been extended to even vocational t...
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