EU-Biodiesel: “Input Costs” in Constructed Normal Value
By Greetika Francis
The WTO Appellate Body (AB) has recently delivered the final word on construction of normal value. In European Union - Anti-Dumping Measures on Biodiesel from Argentina (DS 473) [see end note 1], the Appellate Body rendered its decision in the matter in October, 2016 and the key issue in the dispute was with respect t...
Inter-State supplies under Model IGST Law – Treatment of FOR & Ex-works supplies
By Sonal Singh
One of the many disputes that have continued to exist in the present regime of taxation of sale of goods are the disputes pertaining to determination of the nature of transaction as inter-State sale subject to Central Sales Tax or local sale subject to VAT. Such disputes especially arise when assessee in a State sells goods to a bu...
Challenges in availment of Input Tax Credit under GST
By Gagan Gugnani
The Revised Model GST Law (hence forth "RMGL") was made available in public domain in November, 2016. The commitment of the government is to roll out a simplified and easier indirect tax regime, yet the provisions reveal a different picture. The whole concept of availment of input tax credit (ITC) is set to change from ...
Anti-Profiteering measure and price control mechanism under GST
By Brijesh Kothary
The revised model Goods and Services Tax (GST) law has been released by the Government, taking into consideration various representations received from the stake-holders. The revised model law is widely viewed by the industry to be liberal in many aspects, as it has done away with taxability of securities and free supplies betw...
Implication of amalgamation on assessment proceedings
By Sumeet Khurana
A company is a juristic personality which not only comes into existence by operation of law but its cessation also takes place by operation of law. Section 170 of the Income Tax Act, 1961 deals with cases of succession in general and can be applied to succession of companies by way of amalgamation. It provides that in a case where...
Input Tax Credit under GST regime – Make it seamless
By Amutha Balasubramanian
The new Goods and Services Tax (GST) is a comprehensive indirect tax on manufacture, sale and consumption of goods and services across India. GST is a destination-based, value added taxation system. GST will be a dual levy in India and the eligible transactions will be subject to levy of both CGST and SGST in the case of...
GST – A look at certain grey areas in transition provisions
By Geetika Srivastava
The date of implementation of Goods & Services Tax (GST) is now certain and from 1st April, 2017, India will enter the new indirect tax regime bringing great deal of uniformity and robustness which will impact every business and industry. This leaves the industry with just a few months to prepare for the trans...
Do taxes cloud the novelty of SARs?
By Bharathi Krishnaprasad
Comparison between Stock Appreciation Rights and Employee Stock Option Plans
Conceptually different from the Employee Stock Option Plan a.k.a ESOP, a household term in India, Stock Appreciation Rights, also known as SARs are a novel way of rewarding the employees of an or...
Targeted dumping: An examination
By Prianka Mohan
Targeted dumping is dumping that is targeted at a certain purchaser, region or time period. The law permits the use of an alternative methodology for computation of the dumping margin if there is targeted dumping. The legal provisions relating to targeted dumping are set forth in Article 2.4.2 of the Agreement on Implementation o...
Please refer 'Archives' section to see older items.