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Consequence of non-participation by India in CVD investigations conducted by USA


By Bhargav Mansatta

Government of the exporting country is an interested party in a countervailing duty investigation. Apart from exporters of the subject product, Government of the exporting country is also required to file response to the questionnaire issued by the investigating authority and provide necessary information.[See endnote 1]
...

Director’s liability under the Income tax law – An insight



By Bharathi Krishnaprasad

It may be enticing to hold a directorship position in a corporate house. However, should the roofs descend someday, it becomes equally undesirable. The same tag potentially becomes an albatross around the neck. In such scenarios...

ITC reversal on sale of used capital goods


By Tushar Mittal

GST law is moving towards its second anniversary and yet the so called simple tax does not seem to have settled down much. Every other day some new issues also arise which more often leave the taxpayers in implementational deadlock. Thus far, we all have come across various issues which pro...

Prosecution under Section 276C of Income-tax Act, 1961 – An Overview


By  Ravi Sawana

Introduction

The mechanism for enforcing tax compliances under the Income-tax Act, 1961 (‘the Act’) is provided by way of three pillars vis-à-vis imposition of interests, imposition of penalties, and prosecutions. Chapter XXI...

Expenses incurred on CSR - Not so GST friendly?


By  Koushal Sonthalia

One of the major advantages under the GST regime is the unlocking of tax credits, a lot of which was not available in the erstwhile Indirect tax regime. While the earlier legislations imposed numerous restrictions on credits, such conditions are now a lot relaxed with Sectio...

All is fair in trade and war – Panel Ruling on interpretation of security exceptions in Russia-Traffic in Transit


By  Jayant Raghu Ram

Introduction

On 05th April 2019, the WTO circulated the Panel report in Russia – Traffic in Transit (DS512), a dispute which was initiated by Ukraine against Russia. In its complaint, Ukraine challenged various transit restrictions imposed by Russia for g...

US withdrawal of GSP benefits for India

 
By
Bhargav Mansatta 

Generalised System of Preferences (GSP) means a mechanism by which imports from developing countries are subject to lower tariffs in the importing country. This system has been implemented by the developed countries such as Canada, EU, US, Australia, Japan, Iceland and Switzerland. The Enabling Clause permitting im...

Dichotomy between Gross and Net amount - Analysis of Vijay Industries Judgment


By  Mahendra Singh

Introduction:
The Income-tax Act, 1961, under Chapter VI-A, provides for certain special deductions. These special deductions have been subject matter of litigation all along. One such provision is Section 80HH, which provides for deduction in respect of profits and gains from newly es...

Burden of unified registrations for EOUs and DTA units


By Anupama Ravindran

This article intends to highlight certain issues with regard to restrictions on refund of integrated tax paid on exports, for multiple business units having a single GST registration.

Section 54 of the CGST Act states that any person claiming refund of any tax may make an application before the expiry of two ye...

Breaking the credit chain – An avenue to boost revenue?


By Brijesh Kothary

The Goods and Services Tax Council, in its 34th meeting held on 19-3-2019 recommended certain measures to streamline implementation of lower effective rates of GST for real estate sector. In its previous meeting, the GST Council recommended that from 1-4-2019, the effective tax rate of tax for affordable housing properties woul...

Analysis of “Material Retardation”: A WTO jurisprudential perspective on DGTR’s recent findings

By Greetika Francis

            The Directorate General of Trade Remedies (DGTR) in India has had scant opportunity to address situations of injury in the form of “material retardation to the establishment of an industry”. In fact, since 1995, there have been less than twenty investigatio...

Revision of returns & forms – Need for amendments


By Nipun Arora

GST is about to complete twenty months since implementation. Initially, it was expected that it will take an approximate time-period of two years for the industry to fully comprehend GST and be compliant with the provisions of GST law. However, it seems that more than the industry, tax administration appears to be lagging behind. Various ...

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