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Panel report in Australia – Plain packaging: A “healthy” verdict


By Jayant Raghu Ram

Introduction

On 28 June 2018, the WTO circulated the much-awaited panel report in the Plain Packaging complaints brought against Australia by five WTO members. The measures at issue were Australia’s domestic laws and regulations concerning the retail packaging of tobacco ...

Extensive control of non-resident over Indian entity – A taxing relation!!


By Prachi Goel and Saurav Sood

Introduction

A recent ruling by the Authority for Advance Ruling on Income Tax (AAR) in the case of FRS Hotel Group (Lux) S.a.r,l, [(2018) 94 taxmann.com 23 (AAR- New Delhi)] on the issue of  operation and management contract for the hotels has ...

E-way bill system – Time to relax penal provisions


By Nipun Arora

It has been more than a year since India made the historic transition from the traditional indirect taxation regime comprising of central excise duty, service tax, VAT, etc., to an all-new integrated indirect taxation regime i.e. Goods and Services (GST). The government while implementing GST on the midnight of 30th June, 2017 decl...

Retention money - Is recognition as contract revenue sufficient to tax it early


By Bharathi Krishnaprasad

The Central Government, in exercise of its powers conferred under the Income tax law[See endnote. 1] notified[See endnote. 2], in September 2016, Income Computation and Disclosure Standards (shortly, ‘ICDS’) that would govern computation of income of an assessee (interchangeably used in...

GST and amortization – An unceasing connection


By Brijesh Kothary and Nikhil Agarwal

In our previous article published in the 82nd issue of Tax Amicus in April 2018 (https://www.lakshmisri.com/News-and-Publications/Publications/Arti...

Sunset Reviews - Timeline for filing of applications and issuance of notification imposing anti-dumping duty


By Greetika Francis

Resolving an old and long-debated issue in anti-dumping investigations, the Division Bench of the Delhi High Court, delivered a judgment on 31 May, 2018 in Kumho Petrochemical Co. Ltd. v. The Designated Authority & Ors. [W.P. (C) 4886/2014]. It held that extensions of anti-dumping duty post expiry of the ...

Understanding India’s WTO challenge to United States’ additional import tariffs on steel and aluminium articles


By Ankur Sharma

When countries join the WTO, they sign-up to bring transparency, predictability and stability to import tariffs on various goods among many other commitments.  It is felt necessary to agree to tariff bindings.  This means that if a country A agrees to bind its import tariff on a good X at 10%, A will never impose import ...

Advance Rulings under GST – Certain questions of law


By Dr. G. Gokul Kishore

GST made its entry in July, 2017. To facilitate trade on issues relating to liability or credit or classification or valuation, mechanism of advance rulings has been provided in CGST Act and SGST Act. While the statute provided a remedy on questions relating to proposed activities, the ambitious procedural machinery of fil...

Vacancy allowance to real estate developers - Relief from tax for what may not be taxed?

By Karanjot Singh Khurana

Introduction:

Finance Act, 2017 amended [see End Note 1] the Income-tax Act, 1961 (‘IT Act’) to provide that the annual value of building or land appurtenant thereto which is held by the assessee as stock-in trade will be deemed to be Nil for a period of one year from the...

US steel and aluminium tariffs and the WTO’s security exception: Unsecuring multilateral trade?


By Jayant Raghu Ram

The United States has instituted measures imposing high duties on all imports of steel and aluminium into the United States. While the US has sought to justify these measures on the basis of its national security requirements, the real underlying motive would seem to be to afford protection to its domestic steel and aluminium in...

Taxation of independent personal Service- Can legal form of entity alter right to tax income?

By Karanjot Singh Khurana
 
Introduction

Under OECD Model Tax Convention (‘MTC’), income from professional services was taxed in terms of Article 14 titled ‘Independent Personal Services’ (‘IPS’). However, Article 14 was deleted from the OECD MTC with...

Relevance of amortization for valuation under GST law


By Brijesh Kothary and Nikhil Agarwal

As G. F. Stanlake states in his book ‘Introductory Economics’, a person who spends his or her time performing one relatively simple task becomes extremely proficient at that particular operation. It is true that constant repetition leads to great dexterity and efficiency.
 
The mo...

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