Advocate Rajesh Kumar

Opening Liaison Offices in India

Fema / RBI - 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 ac...

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Meaning of “Associated Enterprises” for “Transfer Pricing” Provisions

Fema / RBI - 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 enterp...

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Proporsition in Composition Scheme Under GST

Fema / RBI - Tax runs the society and the legislature always outreach to make the levy and collections of the tax in a broader base i.e. include as many persons as possible in the taxable net. The government always encourage small tax payers to come voluntarily within the taxable net and try to make the procedure simplified for them. ...

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Refund Under Goods and Services Tax

Fema / RBI - The administration of tax is run through a mechanism there by maintaining a fine balance between the revenue collection and cash follow available to the business. In every tax statute there has to be a provision of refund for any amount which was not levy and collected properly or for the amount which by the process of law is required to ...

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Seizure of Cash During Investigation in Central Excise

Fema / RBI - In order to carry business activities we need cash. It is required to purchase raw material, to pay for transportation, to pay for the numerous activities which are essential to run the business. Similarly, many a times the cash is received for the goods sold or services rendered...

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Recent Posts in "Advocate Rajesh Kumar"

Opening Liaison Offices in India

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 ac...

Read More
Posted Under: Fema / RBI |

Meaning of “Associated Enterprises” for “Transfer Pricing” Provisions

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 enterp...

Read More
Posted Under: Fema / RBI |

Proporsition in Composition Scheme Under GST

Tax runs the society and the legislature always outreach to make the levy and collections of the tax in a broader base i.e. include as many persons as possible in the taxable net. The government always encourage small tax payers to come voluntarily within the taxable net and try to make the procedure simplified for them. ...

Read More
Posted Under: Fema / RBI |

Refund Under Goods and Services Tax

The administration of tax is run through a mechanism there by maintaining a fine balance between the revenue collection and cash follow available to the business. In every tax statute there has to be a provision of refund for any amount which was not levy and collected properly or for the amount which by the process of law is required to ...

Read More
Posted Under: Fema / RBI |

Seizure of Cash During Investigation in Central Excise

In order to carry business activities we need cash. It is required to purchase raw material, to pay for transportation, to pay for the numerous activities which are essential to run the business. Similarly, many a times the cash is received for the goods sold or services rendered...

Read More
Posted Under: Fema / RBI |

Farewell to Cadila verdict on allowability of input credit on Commission

High Court of Gujarat ruled that service tax paid on the commission of the commission agent is not an input service and as such credit of tax paid cannot be availed. The judgment was received by the revenue with much gusto. The demands for credit reversal were raised PAN India on the basis of this judgment and conveniently contrary judgme...

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Posted Under: Fema / RBI |

Evidentiary Value of Retracted Statement

Though during the investigation the statement can be recorded as per section 14 of the Central Excise Act, 1944, but in the entire scheme of the act and rules there is no mention of retracted statement and the same are sometimes clarified in judicial pronouncements...

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Posted Under: Fema / RBI |

Duty on Scrap Generated during process of Re-Made, Refining & Reconditioning

When we discuss the sources of law, the precedent is one of the most important sources of law apart from the codified law and the law arrives though customs. When the law is not cleared enough through the statute then the role of the precedent came into picture. ...

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Posted Under: Fema / RBI |

Assessment of Service Tax Considering the Free Supply

The inclusion or exclusion of value of free supply particularly in the case of Industrial and commercial construction has been a bone of contention between the revenue and the assessee regarding assessment of Service Tax. The revenue always insists that the cost of free supply should be included for the purpose of assessment by taking sh...

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Posted Under: Fema / RBI |

Non-Submission of Export Intimation in prescribed time in case of CT-3

The perception of law should as it helps the implementation of law effectively. Law is framed for the assessee in which they will able to pay effortlessly Central Excise duty and follow the all principal of the Central Excise law. If there is any provision which is not clear and silent then the benefit of assessee can not be denied. The m...

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Posted Under: Fema / RBI |

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CA, CS, CMA (4,059)
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Custom Duty (7,218)
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Excise Duty (4,184)
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Finance (3,843)
Income Tax (29,172)
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