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Reversal of credit on write-off under GST – Open issues



By Nirav S. Karia & Nivedita Agarwal

“Haste is of the devil” is a phrase that applies aptly to drafting of new legislations in haste which usually gives way to misinterpretation, lack of clarity, and challenges as to validity delaying the successful implementation of the statutes. The Goods and Services Ta...

Privity of contract and locus with a source of income – A test of diversion by overriding title


By Prachi Goel & Saurav Sood

The manufacturing business can be undertaken either on own account or by way of a job work. In case the job work is chosen as an option, the manufacturer absolves itself from the whole or any part of the activities required to be undertaken. In a recent case of Pr. CIT v. Chamundi Winery and D...

Indonesia - Iron or Steel Safeguards: Metallurgic jurisprudence on definition of a "Safeguard Measure"


By Bhargav Mansatta and Jayant Raghu Ram

Introduction

The Agreement on Safeguards (SGA) details the substantive and procedural provisions concerning the imposition of a safeguard measure. However, the conditions under which a safeguard measure can be implemented by a WTO Member are provide...

Respite for Indian domestic industry: “Negative” final findings of Designated Authority appealable


By Neeraj Chhabra

In an anti-dumping investigation, the Designated Authority may or may not recommend imposition of anti-dumping duties and where such recommendation is “positive”, the Ministry of Finance makes a policy decision regarding the same and issues customs notification where duty is to be...

TDS under GST law – Certain issues


By Tushar Mittal

Ever since Goods and Service Tax (GST) has been implemented, it has really kept the taxman as well as the implementers along with the taxpayers on their toes. A whole lot of effort has gone into making compliance with the GST law simple, but clarifications have continued unabated to resolve certain issues and to convey the intent...

Amalgamation – Action in concert for tax benefit?


By Subhashree R

The High Court of Gujarat observed in Wood Polymer [ See End Note 1]  "and the court would not lend its assistance to defeat public interest, namely, tax provision.” A recent order of National Company Law Tribunal (NCLT) refusing to accord sanction to amalgamation scheme has raised certain interesting yet impo...

Has the clock stopped ticking? India’s export subsidies under the SCM Agreement


By Jayant Raghu Ram

Introduction

The United States has upped the ante in its efforts to – what it perceives – rebalance its trade dynamic with other countries. This has inevitably led to a trade war between the United States and other major economies, particularly China. In the middle of this t...

Preparing for GST Audit & Annual Returns


By Amandeep Singh

Introduction

Goods & Services Tax (GST) is a self-assessment and trust-based system of taxation wherein the registered person himself assesses and deposits his tax liability without any interference of tax officers. Due to such nature of the tax system, various types of audit mechanis...

Anti-circumvention investigation concerning Glass Fibre: Resolving inconsistencies in practice and interpretation


By Jayant Raghu Ram

Introduction

Circumvention of anti-dumping duty is one of the foremost challenges for investigating authorities. In spite of the absence of normative provisions concerning circumvention in the WTO’s Anti-Dumping Agreement, Member nations of the WTO have developed their own framewo...

Deemed Associated Enterprises - Interplay between Sections 92A(1) and 92A(2)


By Sanmati Raonka

Section 92 of the Income-tax Act, 1961 (‘the Act’) provides that any income arising from an international transaction shall be computed, having regard to the arm’s length price. The expression “international transaction” is defined in Section 92B of the Act to mean a transaction bet...

Refund of GST under Inverted Duty Structure


By Koushal Sonthalia

Goods and Services Tax (GST) was launched in India on July 1, 2017 after for about a decade from the time it was first proposed. Approximately 17 transaction taxes and 23 Cesses were replaced with GST. The new tax regime sought to achieve numerous objectives such as removing the cascading effect of taxes under the erstwhile r...

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 ...

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