‘Reason to believe’ is a mysterious term. Nobody knows what is reason to believe, or how to judicially determine the issue. As a matter of practice, it is generally not disclosed by the revenue. This article is an effort to understand the provisions related to “reason to believe” and legal lacuna therein. Examination of this […]
Foreign Direct Investment (FDI) means investment by non-resident entity/person outside India in the capital of an Indian company under Schedule 1 of Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000. Foreign (Direct) investment was introduced under Foreign Exchange Management Act (FEMA) 1991. The Department of Industrial Policy […]
Can Higher Education Courses be equated to ‘training and coaching’ in tax parlance? Taxing education sector has always been a tricky issue. For the first time in 2003, under Service Tax regime, service tax was imposed on ‘commercial training and coaching’ service. The term which was used in charging provision of tax is ‘training or […]
Apparel sector of India is one of the oldest and largest contributors toward the development of the Indian economy, concerning GDP, employment, export promotion, etc. Known as one of the oldest manufacturing industry in the country and the second largest after agriculture, the textile industry employs both skilled and unskilled people. The industry contributes more […]
Prospective companies and investors looking to enter India must carefully consider their options for investment and available avenues for establishing a business presence in India. Foreign Investor or Foreign companies can open a liaison office in India for promoting and facilitating the parent company business activities and which can act as best, a communication channel […]
There has been a confusion as to whether supply by duty-free shops or supply to duty-free shops in India attracts GST or not. This paper is an attempt to understand the legal position in the light of prevailing law and recent judgments. Under the provisions of erstwhile Central Sales Tax Act, an issue had arisen […]
Following write-up summarises the GST provisions as applicable to IT/ITES sector. 1. Goods or Services: Though GST is applicable to both goods or services, it is necessary to determine as to whether the impugned supply is ‘supply of goods’ or ‘supply of services’ and all machinery provisions of GST law differentiates between ‘supply of goods’ […]
Under Section 92A of the Income Tax Act, two enterprises are treated as Associated Enterprises only when one of the enterprises participates in “management, control or capital” of the other enterprise. Section 92A(1) of the Income-tax Act specifies that and “Associated Enterprise” in relation to another enterprise, means an enterprise which participates, directly or indirectly, […]
CBIC Notifies applicability of CGST (Amendment) Act, 2018 with effect from 1.02.2019 vide Notification No. 02/2019 Central Tax Dated 29.01.2019. The amendment has following effects:
1. Additional Tax:Krishi Kalyan Cess, at the rate of 0.5% of value of taxable service imposed, with effect from 01.06.2016. Thus the rate of Service Tax on real estate services shall be increased by 0.5% with effect from 01.06.2016. 2. Rationalization of abatement:At present, two rates of abatement have been prescribed for services of construction […]
