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Rajesh Dhawan

Latest Articles


Family Arrangements – Taxation & Legal Aspects

Income Tax : Family disputes and consequential family partition and family arrangements are not new in Indian history. Since ages, the human ci...

May 2, 2020 24984 Views 0 comment Print

Computer Software- Direct Tax Implication

Income Tax : There is a never ending debate on whether software related payment made by a resident to a foreign recipient is in the nature of R...

August 26, 2018 45161 Views 3 comments Print

Royalties and Fees for Technical Services [Article 12]

Income Tax : Whether or not the royalty/fees for technical services is taxable in India in the hands of the non-resident, will depend on provis...

August 25, 2018 111799 Views 1 comment Print

Demerger- Tax Implication on Individual

Income Tax : The term ‘demerger’ simply means one company transferring one or more of its business operations into another company(s). The ...

August 24, 2018 134622 Views 4 comments Print

Analysis of the word ‘Permanent Establishment’

Income Tax : The concept of Permanent Establishment is one of the most important concepts in International Taxation. The existence of a Permane...

August 20, 2018 262097 Views 0 comment Print


Declared Services Under the Service Tax Provisions

November 14, 2013 68614 Views 5 comments Print

The definition of service in the first instant is very wide to cover any transaction done for a consideration. However, there exist few activities which would overlap with the other levies of state with a marginal difference, thereby questioning the constitutional validity of the levy under service tax.

Entertainment tax on DTH Services

September 20, 2013 4307 Views 0 comment Print

Direct-to-Home (DTH) is a technology wherein various TV channels are directly delivered at the subscribers’ premises through satellite in a digital form, thus providing crystal clear picture quality along with various other benefits such as Movie-on-Demand,

CENVAT Credit – BPO & KPO Industry

September 4, 2013 2511 Views 0 comment Print

The appellant claimed refund of input service tax credit which they did not utilize under Rule 5 of the CENVAT Credit Rules, 2004. These refund claims were partly sanctioned and partly rejected.

Rebate / Refund in respect of service tax paid on input services

September 4, 2013 3122 Views 0 comment Print

Notification No. 12/2005-ST was issued on 19.04.2005. The notification stated that there will be granted rebate of the whole of the duty paid on excisable inputs or the whole of the service tax and cess paid on all taxable input services

Reimbursement of Expenditure & Service Tax

August 24, 2013 23861 Views 6 comments Print

Sercon India (P) Ltd. is engaged in providing consulting engineer services and receives payments not only for its service but also for reimbursed expenses incurred by it such as air travel, hotel stay, etc. It was paying service tax in respect of amounts received by it for services rendered to its clients. It was not paying any service tax in respect of the expenses incurred by it, which was reimbursed by the clients.

Sales Tax Clauses on Sales Bill, Order, Confirmation etc.

July 2, 2013 4545 Views 0 comment Print

R. Kumar, B.Com. MBA (Finance) VAT/SALES TAX CLAUSES VAT/Sales Tax clauses form an important part of sales documentation viz. offer, quotation, order confirmation, Invoices, Purchase Order etc.  VAT/Sales tax being an indirect tax is statutorily eligible to be passed on to the customer.  However, unless customer is also bound contractually, it will be difficult to […]

Liaison Officer in India- Tax and FEMA Implication

June 12, 2013 14003 Views 0 comment Print

Liaison office is in the nature of representative office set up primarily to explore and understand the business and investment climate. It is not permitted to undertake any business activity, directly or indirectly, and is required to maintain itself out of inward remittances received from parent company through normal banking channel. Generally speaking

India signs protocol with UK amending the convention between the two States

February 27, 2013 942 Views 0 comment Print

R. Kumar, B.Com. MBA (Finance) Background:-India and UK have signed a Protocol on 30th October 2012, amending the Convention between the Government of the Republic of India and the Government of the United Kingdom of Great Britain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect of Taxes on Income […]

Issue Arising from Dissolution of Partnership

February 17, 2013 53565 Views 5 comments Print

R. Kumar, B.Com. MBA (Finance) Introduction: Normally the partnership would stand dissolved on the death of a partner unless it is otherwise contracted for, but if it is found from the subsequent conduct of the parties that despite the death of partner, partnership business continued to function, then it would be taken that it continued […]

Law governing Inbound Investment in India

February 16, 2013 3350 Views 0 comment Print

Over the last several years, there has been considerable liberalization in the inbound investment regime, The Industrial Policy Resolution of 1956 and the statement on Industrial Policy of 1991 provides the basic framework for the overall industrial policy of Indian Government. The process of liberalization started in India with the statement on Industrial Policy of 1991.

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