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Taxmanns Law Of Transfer Pricing In India
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Book Synopsis Taxmann's Law of Transfer Pricing in India by : D. P. Mittal
Download or read book Taxmann's Law of Transfer Pricing in India written by D. P. Mittal and published by . This book was released on 2009-09-01 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: ABOUT THE BOOK The Book Deals with Law of Transfer Pricing in India, which Provides for Computation Of Income from International Transactions between Associated Enterprises, having Regard to Arm's Length Price. The Concepts of Arm's Length Price, International Transactions, Associated Enterprises have been Discussed in Detail and Illustrated from Examples Drawn from the Decisions of the Indian and Foreign Courts, OECD Guidelines and US Treasury Regulation and Laws of other Countries. The Procedural Aspects of Determination Of Arm's Length Price and Computation of Income have been Dealt with Exhaustively in View of the Recent Decisions of the Courts and Tribunal in India, Especially in Regard to the Choice of the appropriate method. The Transfer Pricing Obligation of an Assessee in Regard to Making Self-Assessment and Maintenance of Document and Consequences of his Failure have also been Discussed. A Chapter on Interpretative Principles has also been Added.
Book Synopsis Taxmann’s Transfer Pricing – A Compendium | Collection of incisive & in-depth articles on transfer pricing covered in 2800 Pages by 150 Experts in the form of 75 Articles | Set of 2 Volumes by : The Chamber of Tax Consultants
Download or read book Taxmann’s Transfer Pricing – A Compendium | Collection of incisive & in-depth articles on transfer pricing covered in 2800 Pages by 150 Experts in the form of 75 Articles | Set of 2 Volumes written by The Chamber of Tax Consultants and published by Taxmann Publications Private Limited. This book was released on 2022-03-03 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: CTC’s Transfer Pricing – A Compendium is a collection of incisive & in-depth articles on transfer pricing, authored by recognised experts in the field. This book promises to provide the necessary guidance and support to fellow professionals to understand the intricate issues, which have always remained contentious and challenging. The current edition of the compendium is updated, incisive, and covers a broader range of topics. Like its previous edition, this book promises to be another handy tool for the following: • Tax Professionals both in India and Overseas • Judiciary and Tax administrators • Readers who want a useful reference point, both for technical analysis and for understanding the proper perspective to view some of the transfer pricing developments of the recent past The Present Publication is the 2022 Edition, covering 75 articles by 150 authors in a comprehensive set of 2 volumes, with the following noteworthy features: • [Covering All Aspects of Transfer Pricing] such as: o Technical Corner including the advanced issues o Legal Corner o Advanced Pricing Agreement (APA) & Mutual Agreement Procedure (MAP) Corner o Industry Corner including 25 sectors o Global Corner including country-wise transfer pricing regulations, the impact of COVID on APA & Dispute resolution, OECD Pillar One & Two • [Understand & Manage Transfer Pricing Risks] This book helps the readers/taxpayers in understanding the complex subject and consequently help them manage their transfer pricing risk effectively • [Authored by 150 Transfer Pricing Experts] The wisdom of eminent authors & their rich experience will be handy for the readers to deal with the complex subject efficiently with a greater degree of confidence • [Practical Examples] The authors, with their immense experience, have extensively covered the subject in greater detail with practical examples Reviewed by Shri S.E. Dastur | Senior Advocate • “… The present publication is in pursuance of the Chamber’s Vision Statement “to contribute to the development of law ... through research, analysis and dissemination of knowledge….” • “… Reference is made, very perceptively and appropriately, to the OECD and UN guidelines on the subject as well as to prevailing international practices, not to mention the latest case laws….” • “… What makes it unique is that it has articles on every conceivable transfer pricing issue authored by over 130 learned professionals (lawyers and chartered accountants) and even some top Revenue officers….” • “… The fact that most of the articles are authored by more than one person ensures that the reader benefits from their collective wisdom on each of the very relevantly chosen subjects….”
Book Synopsis Taxmann's Indian Double Taxation Agreements & Tax Laws by : D. P. Mittal
Download or read book Taxmann's Indian Double Taxation Agreements & Tax Laws written by D. P. Mittal and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transfer Pricing written by Mukesh Butani and published by . This book was released on 2007 with total page 1312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reference guide to the Indian transfer pricing laws and method. The book provides comprehensive coverage and practical guidance on transfer pricing issues, including an analysis of the Indian legislation and transfer pricing methods; documentation requirements; a comparison of the Indian legislation with the OECD guidelines; tax planning techniques related to transfer pricing; discussions of the transfer pricing regime in Australia, Canada, China, France, Germany, Japan, Singapore, the United Kingdom and the United States. Furthermore, it contains brief overviews of the transfer pricing regime in 18 other countries; and the OECD transfer pricing guidelines for multinational enterprises and tax administrations (July 1995).
Book Synopsis Taxmann's Law Relating to Transfer Pricing by :
Download or read book Taxmann's Law Relating to Transfer Pricing written by and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taxmann’s Cross-Border Transactions under Tax Laws & FEMA – Practical Commentary covering Income Tax (including International Tax & Transfer Pricing), GST, Customs & FEMA, etc., with Case Laws by : Dr. G. Gokul Kishore
Download or read book Taxmann’s Cross-Border Transactions under Tax Laws & FEMA – Practical Commentary covering Income Tax (including International Tax & Transfer Pricing), GST, Customs & FEMA, etc., with Case Laws written by Dr. G. Gokul Kishore and published by Taxmann Publications Private Limited. This book was released on 2023-05-26 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides practical guidance based on judicial interpretation of the law and rules. It also provides an easy-to-understand commentary (with departmental clarifications) on cross-border transactions with respect to the following laws: • Income Tax (including International Tax & Transfer Pricing) • Goods & Services Tax (GST) • Customs • Foreign Exchange Management Act (FEMA) This book will be helpful for practitioners, members of the bar & bench and industry, and assessing officers. The Present Publication is the 3rd Edition, amended by the Finance Act 2023 and updated till 1st May 2023. This book is authored by Dr. Gokul Kishore & R. Subhashree, with the following noteworthy features: • [Easy-to-Understand Practical Commentary] covering: o Income Tax (including International Tax & Transfer Pricing) § Implications of International Transactions § Adoption of Appropriate Transfer Pricing (TP) § Comprehending the Creation of Permanent Establishment (PE) and Double Taxation Avoidance Arrangements (DTAA) § Ensuring Compliance with Withholding Obligations when payment is made to non-resident § Issues relating to Royalty & Fees for Technical Services (FTS), Tax Residency and Foreign Tax Credit (FTC) o GST § Examination of Cross-Border Services by applying Place of Supply & Export of Service provisions under the Integrated Goods and Services Tax Act (IGST), besides analyzing benefits to exporters o Customs § Valuation of Imported Goods under Customs Valuation Rules, when transaction value as declared by importer is not accepted § Availing Customs Duty Exemptions § Duty Remission and Rewards under various Export Promotion Schemes as provided in Foreign Trade Policy 2023 o FEMA § Compliance with Provisions of FEMA on Receipts and Payments for Export and Imports • [Exhaustive Discussion on both Basic Concepts and Issues faced by the Industry] combined with essential commentary on statutory provisions and the jurisprudence. • [Cross-references to other Chapters] wherever implications need to be understood The structure of the book is as follows: • [Chapter 1 | Customs Valuation] discusses Article VII of GATT, Customs Valuation Agreement, Section 14 of Customs Act, 1962, Customs Valuation Rules (for imported goods) and Export Valuation Rules with relevant judgments and orders. Pointers relating to transfer pricing issues have also been mentioned in this chapter • [Chapter 2 | Transfer Pricing] analyzes international transactions, associated enterprises, comparables, methods of determining Arms Length Price, TP challenges in India as per the UN TP Manual and judicial rulings, creation of marketing intangibles and TP issues relating to AMP expenses. TP assessment, adjustment and appellate remedy have also been included. To provide a 360° perspective, secondary adjustment, Country by Country Reporting (CbCr), thin capitalization, Cost Contribution Arrangements, intra-group services and cost-sharing arrangements have been succinctly covered • [Chapter 3 | Permanent Establishment & DTAAs] discusses taxing powers and sources of income. The concept of PE and types of PE have been explained through the relevant articles in various DTAAs, along with treatment by the Indian judiciary and ITAT. The attribution of profits to PE, which has significant practical implications, has also been discussed • [Chapter 4 | Incomes other than Business Income, Withholding Obligations and Foreign Tax Credit] is broad-based and to the extent relevant to cross-border transactions; it provides a commentary laced with practical guidance on residency, the definition of interest, jurisdiction to tax, dividends paid or received, taxation of royalty, FTS, salary, capital gains, other income, withholding obligations, FTC, the requirement to file the return and the concept of the representative assessee • [Chapter 5 | Import & Export under IGST Act] as applicable to import and export of goods, import of services and export of services, along with the provisions on the place of supply and refund mechanism, forms the fifth chapter • [Chapter 6 | Customs Exemption and Export Promotion Schemes under FTP] Considering the relevance to cross-border trade, Customs Duty exemptions and export promotion schemes under Foreign Trade Policy 2023 (FTP) have been discussed in the sixth chapter. • [Chapter 7 | Export and Import under FEMA & Regulations] Knowledge of obligations and provisions applicable to export and import under FEMA and regulations thereunder is integral to cross-border transactions. Therefore, a concise commentary on the same has been provided in Chapter 7 • [Chapter 8 | Dispute Resolution] Dispute resolution mechanisms under IGST Act and Customs Act, along with alternative dispute resolution under Income Tax Act, have been included. Chapter 8 also provides a broad overview of the statutory remedies available to exporters and importers
Book Synopsis Taxmann's BEPS Implications on Transfer Pricing | Indian Perspective – Comprehensive and Practical Guide with Analysis | Case Studies | Practical Strategies for Tax Professionals by : Ashutosh Mohan Rastogi
Download or read book Taxmann's BEPS Implications on Transfer Pricing | Indian Perspective – Comprehensive and Practical Guide with Analysis | Case Studies | Practical Strategies for Tax Professionals written by Ashutosh Mohan Rastogi and published by Taxmann Publications Private Limited. This book was released on 2024-07-09 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive and practical guide to understanding the intricate transfer pricing implications stemming from the Base Erosion and Profit Shifting (BEPS) project within the Indian context. This work culminates two years of extensive research and analysis by a team of transfer pricing experts. The book covers a wide range of topics, starting with an overview of the BEPS project and its objectives. It also includes an analysis of international rulings on BEPS, examining landmark cases and their implications for the transfer pricing landscape. This comprehensive guide is invaluable for tax practitioners, professionals, academics, and business leaders aiming to understand the impact of BEPS recommendations on transfer pricing in India. It facilitates informed discussions on this critical area of taxation and its implications for businesses operating in India. The Present Publication is the Latest Edition, authored by Ashutosh Mohan Rastogi, with the following noteworthy features: • [Realignment of Transfer Pricing Norms] The book explains why BEPS realigned 'Transfer Pricing' norms, illustrated through case studies of Google, Starbucks, and Apple, highlighting their implications on BEPS • [Understanding and Application of BEPS Action Plans] BEPS Action plans have transformed how Transfer Pricing concepts are understood and applied, shifting focus from titles and contracts to functions and risks. This book helps readers understand these nuances in the post-BEPS era • [BEPS Insights on Indian Law] Each chapter provides BEPS insights on Indian Law, discussing BEPS Action plans with reference to Indian Regulations, Circulars, and Case Law and explaining the relevance and implications of BEPS Action points in the Indian context • [Planning for Intangibles in the Post-BEPS World] The book decodes how to attribute profits to intangibles in the BEPS era, explains 'Development, Enhancement, Maintenance, Protection and Exploitation' (DEMPE) functions, and assesses the relevance of holding companies in low-tax havens today • [Economic Ownership] Readers will learn about the importance of Economic Ownership and how it is determined, exploring how Indian law attributes intangible returns based on legal or economic ownership • [Substance in Transfer Pricing] The book discusses the role of substance in Transfer Pricing, exploring whether Transfer Pricing officers can look beyond agreements to uncover reality and the role of significant people functions • [Benchmarking for Financial Transactions] It provides insights on benchmarking for financial transactions such as inter-company loans and guarantees, highlighting the importance of credit rating in financial transaction analysis and how to compute a credit rating • [Location Savings] The book explains where location savings should be taxed and whether profit split is the correct methodology for taxing location savings • [Defending Management Charges] It guides Multinational Enterprises (MNEs) on defending management charges, the availability of Safe Harbour for Management Charges in India, and the shortcomings of the safe harbour • [Cost Contribution Agreements] Readers will understand what cost contribution agreements are and how they differ from intra-group service agreements • [International Rulings on BEPS] The book summarizes leading international rulings on BEPS with illustrations, helping readers understand their implications and how tax litigators can apply them in the Indian context • [Three-Tier Documentation with FAQs] From the evolution and objectives behind the three-tier approach to the requirements suggested by the OECD and their adoption into Indian legislation, the book covers it all. It includes various prescribed templates and answers to general and transaction/issue-specific FAQs addressed by the OECD in the BEPS Action Plan 13 report The detailed contents of the book are as follows: • [Introduction] o This chapter provides an overview of the BEPS project and its objectives, including case studies of companies like Starbucks, Google, and Apple, illustrating the necessity for the BEPS initiative • [BEPS Implications on Transfer Pricing] o This chapter provides an in-depth examination of BEPS implications on transfer pricing, focusing on fundamental changes proposed by the OECD and their potential impact on MNEs in India. It analyses concepts such as economic substance, substance over form, and profit shifting to low-tax jurisdictions • [DEMPE Analysis] o This chapter provides a detailed discussion of the DEMPE (Development, Enhancement, Maintenance, Protection, and Exploitation) functions, highlighting the complexities of attributing profits to intangible assets and the Indian tax authorities approach to these challenges • [BEPS Guidance on 'Substance over Form'] o This chapter discusses the principle of prioritizing economic substance over contractual form, emphasizing the importance of actual business activities and behaviours in determining transfer pricing as per BEPS guidelines • [Low-Value Intra-Group Services] o This chapter examines BEPS guidelines for low value-adding intra-group services, providing simplified approaches for determining arm's length charges and outlining documentation requirements for these services • [Financial Transactions] o This chapter analyses the intricacies of transfer pricing for financial transactions. This chapter covers treasury functions, credit risk assessment, inter-company loans, and guarantees, with an emphasis on compliance with the arm's length principle • [Cost Contribution Arrangements] o This chapter explores the concept of cost contribution arrangements (CCAs) under BEPS, discussing how MNEs share the costs and benefits of joint development activities and the implications for transfer pricing • [Location Savings] o This chapter provides an analysis of location savings and location-specific advantages, offering guidance on how these factors should be incorporated into transfer pricing strategies, particularly in the Indian context • [Three-Tier Documentation] o This chapter provides a review of the BEPS-recommended three-tier documentation approach, including the master file, local file, and country-by-country report, and a discussion on how these documentation requirements are implemented in India • [Dispute Resolution Mechanism] o This chapter discusses the mechanisms for resolving transfer pricing disputes, including the mutual agreement procedure (MAP) and India's Advance Pricing Agreement (APA) program. It provides practical insights into navigating disputes under the new BEPS regime • [International Transfer Pricing Rulings on BEPS] o This chapter summarises significant international transfer pricing rulings related to BEPS, offering key takeaways and their implications for the Indian transfer pricing landscape • [Conclusion] o This chapter concludes by synthesizing the key insights and practical guidance provided in each chapter, reinforcing the importance of understanding and applying BEPS principles to transfer pricing in India
Book Synopsis Taxmann's Law & Practice of Income Tax by Pithisaria & Pithisaria (3 Vols.) – The updated 'section-wise' flagship commentary, presented in an integrated, interconnected and short & concise format by : M.K. Pithisaria
Download or read book Taxmann's Law & Practice of Income Tax by Pithisaria & Pithisaria (3 Vols.) – The updated 'section-wise' flagship commentary, presented in an integrated, interconnected and short & concise format written by M.K. Pithisaria and published by Taxmann Publications Private Limited. This book was released on 2022-08-08 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taxmann's flagship section-wise commentary on Income-tax Act is also the most updated & amended. It is presented in a structured, integrated, interconnected, and short & concise format. This book exemplifies the Taxmann's legacy of 60+ years and the unmatched 35 years' experience of Mr M.K. Pithisaria. This book will be helpful for tax practitioners of Income-tax, International Tax, Transfer Pricing, etc. The Present Publication is the 1st Edition, amended by the Finance Act 2022 & updated till 14th July 2022. This book is authored by Adv. M.K. Pithisaria & CA Abhishek Pithisaria, with the following noteworthy features: • [Flow of the Commentary] o The content of each (operative) Section starts with the Section portion, followed by; o The relevant Rule to that Section (if any) followed by; o The commentary portion under the central heading 'Comments' • [Integrated Commentary] that cohesively integrates the following: o Income-tax Act, 1961 o Income-tax Rules, 1962 o Notifications, Circulars, Instructions, etc. issued by the Central Board of Direct Taxes (CBDT) and the Central Government o International literature on International Tax & Transfer Pricing • [Interconnected Commentary] o This commentary aims to help the reader comprehend the law logically, effectively, and efficiently o The authors have given a para numbering and broad subject heading in the commentary on every Section, allowing you to navigate to the relevant portion quickly o Each volume provides a detailed alphabetic subject index and list of cases that help you find the relevant discussion instantly • [Comprehensive Commentary] o The authors have explained every provision's critical aspect and principles with judicial pronouncements, circulars, notifications, practical insights, and illustrations. o The book covers the international literature on various aspects, including UN Model Tax Convention 2021, OECD TP Guidelines, and Expert Committee's Report on GAAR
Book Synopsis Taxmann's Law Relating to Transfer Pricing by : Pradeep S. Shah
Download or read book Taxmann's Law Relating to Transfer Pricing written by Pradeep S. Shah and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taxmann's International Taxation Ready Reckoner – India's first 'ready reckoner' for persons dealing with cross-border transactions with illustrations/examples, practical & comprehensive case studies by : Daksha Baxi
Download or read book Taxmann's International Taxation Ready Reckoner – India's first 'ready reckoner' for persons dealing with cross-border transactions with illustrations/examples, practical & comprehensive case studies written by Daksha Baxi and published by Taxmann Publications Private Limited . This book was released on 2023-04-13 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is India's first 'ready reckoner' with a specific focus on international taxation & taxation of cross-border transactions. It covers the entire spectrum of topics, which are as follows: • Basic provisions of the scheme of taxation in India • Residence in India • Role of Double Taxation Avoidance Agreements (DTAA) • Interaction of DTAA with the Income-tax Act • How to read a DTAA? • How to determine eligibility for DTAA? • How to resolve the conflict between a DTAA & Income-tax Act? It is an essential handbook for anyone who is dealing with cross-border transactions, including: • Payments made to non-residents • Transactions with non-residents • Digital transactions • Withholding tax obligation obligations of residents The Present Publication is the 1st Edition and has been amended by the Finance Act 2023. This book has been authored by CA Daksha Baxi & Adv. Surajkumar Shetty with the following noteworthy features: • [Exhaustive Coverage] of the tax implications on cross-border transactions • [Evaluating the Taxability] using the following: o Income-tax Act o Double Taxation Avoidance Agreement o Reference to Rules, Forms, Circulars, etc. o Reference to Case Laws • [Authors' Notes] are given for the following: o How should an advisor approach the transaction? o What investigations should be made to apply the law and principles of the Income-tax Act & Double Taxation Avoidance Agreement? • [Conceptual Analysis in Simplified Language with Examples & Case Laws] for the following 'noted' topics, among others: o Place of Effective Management o Permanent Establishment o Business Connection o Foreign Portfolio Investors o Investment Funds & their Investors § Alternative Investment Funds (AIFs) § Infrastructure Investment Funds (InvITs) § Real Estate Investment Trusts (REITs) § Securitisation Trust • [Covering Provisions relating to Litigation Proceedings] under the following: o Income-tax Act o Mutual Agreement Procedure (MAP) under the Double Taxation Avoidance Agreement o Authority for Advance Ruling (AAR) Process o Equalisation Levy o Transfer Pricing Provisions o General Anti Avoidance Rules (GAAR) o Special Provisions for International Financial Services Centres (IFSC) • [Illustrations/Examples, Practical & Comprehensive Case Studies] are given to provide insights into the finer nuances of cross-border transactions The detailed contents of the book are as follows: • Tax System for Non-Residents in India – An Overview • Tax Treaties • Setting Up a Business in India • Classification of Income • Determining Eligibility to Claim Benefits of DTAA • Taxation of Rental Income • Taxation of Business Income • Taxation of Dividend Income • Taxation of Interest Income • Taxation of Royalty Income • Taxation of Income from Fees for Technical Services • Taxation of Capital Gains • Taxation of Employment Income • Taxation of Non-Resident Indian • Taxation of Foreign Portfolio Investors • Taxation of AIFs, REITs, InvITs, Securitisation Trust • Transactions Attracting Transfer Pricing Regulations • Business Reorganisations • Discontinuance of Business and Dissolution of Indian Company • Foreign Tax Credit • Making Payments to NRs & Obtaining Lower Withholding Certificate • Assessments, Appeals and Dispute Resolution • General Anti-Avoidance Rules • Miscellaneous • Case Study to Determine Taxability of NR, under the IT Act & DTAA
Book Synopsis Law of Transfer Pricing in India by : D. P. Mittal
Download or read book Law of Transfer Pricing in India written by D. P. Mittal and published by . This book was released on 2015 with total page 1075 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taxmann's Direct Taxes Law & Practice | Professional Edition | AYs 2023-24 & 2024-25 – The most trusted commentary on Income-tax for experienced practitioners for 20+ years [Finance Act 2023 Edition] by : Dr. Vinod K Singhania
Download or read book Taxmann's Direct Taxes Law & Practice | Professional Edition | AYs 2023-24 & 2024-25 – The most trusted commentary on Income-tax for experienced practitioners for 20+ years [Finance Act 2023 Edition] written by Dr. Vinod K Singhania and published by Taxmann Publications Private Limited. This book was released on 2023-04-18 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taxmann's flagship commentary on Direct Taxes has been the most trusted & bestselling commentary for experienced practitioners for over twenty years. It aims at not only making the reader understand the law but also helping them develop the ability to apply it. In other words, this book aims at providing the reader with the following: • Acquire familiarity with the various direct tax provisions • Awareness of direct tax provisions • The nature and scope of direct tax provisions • Up-to-date knowledge of how a statutory provision has been interpreted by different courts of law on different occasions The Present Publication is the Latest Edition for Assessment Years 2023-24 & 2024-25, authored by Dr Vinod K. Singhania & Dr Kapil Singhania, incorporating all the amendments made by the Finance Act 2023. The salient features of this book are as follows: • [Thoroughly Revised] to make the text more reader-friendly • [Lucid & To-The-Point Explanations] which have been arranged in paras & sub-paras with distinct numbers to make the practitioners more efficient in their work • [Theoretical Discussions Supplemented by Unique 600+ Illustrations] covering an exhaustive range of issues with reference to the latest Case Laws • [Tax Planning] Hints are given wherever tax planning can be resorted to • [Coverage of Statutory & Judicial Precedents] o In-depth analysis of all provisions of the Income-tax Act with relevant Rules, Judicial Pronouncements, Circulars and Notifications o Frequently asked questions for complex provisions o Gist of relevant Circulars and Notifications issued from January 2023 to February 2023 o Digest of all Landmark Rulings by the Apex Court, High Courts, and Tribunals from 2015 to February 2023 • [Bestseller Series] Taxmann's Bestseller Book for more than twenty years • [Zero Error] Follows the Six Sigma Approach to achieve the Benchmark of 'Zero Error' • The detailed contents of the book are as follows: o Basic Concepts o Residential Status and Tax Incidence o Incomes Exempt from Tax o Salaries o Income from House Property o Profits and Gains of Business or Profession o Capital Gains o Income from Other Sources o Income of Other Persons included in Assessee's Total Income o Set off and Carry Forward of Losses o Deductions from Gross Total Income and Tax Liability o Agriculture Income o Typical Problems on the Assessment of Individuals o Tax Treatment of Hindu Undivided Families o Special Provisions Governing Assessment of Firms and Associations of Persons o Taxation of Companies o Assessment of Co-operative Societies o Assessment of Charitable and Other Trusts o Return of Income and Assessment o Penalties and Prosecution o Advance Payment of Tax o Interest o Tax Deduction or Collection at Source o Refund of Excess Payment o Appeals and Revisions o Income-tax Authorities o Settlement Commission and Dispute Resolution Committee o Special Measures in Respect of Transactions with Persons Located in Notified Jurisdictional Area o General Anti-Avoidance Rule o Advance Ruling o Search, Seizure and Assessment o Transfer Pricing o Business Restructuring o Alternative Tax Regime o Tax Planning o Miscellaneous
Book Synopsis AIFTP X Taxmann's Law of Evidence and Cross-examination in Tax and Allied Laws: Frequently Asked Questions – Addressing 470+ FAQs relating to evidence and cross-examination by : AIFTP
Download or read book AIFTP X Taxmann's Law of Evidence and Cross-examination in Tax and Allied Laws: Frequently Asked Questions – Addressing 470+ FAQs relating to evidence and cross-examination written by AIFTP and published by Taxmann Publications Private Limited. This book was released on 2024-04-29 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook offers an in-depth understanding of the law of evidence and cross-examination within tax and related legal areas. It is presented in a Q&A format to tackle a broad spectrum of topics across various tax statutes. The content is methodically divided into fifteen chapters dedicated to different facets of tax law and evidence. These chapters dissect procedural and evidentiary aspects ranging from basic evidence concepts in the Income-tax Act 1961 to complex topics in International Taxation and Transfer Pricing. The handbook addresses indirect tax procedures under several acts, including the GST Act, Customs Act, and more specialised areas like Benami Transactions and the Prevention of Money Laundering Act (PMLA). It also covers aspects of the Information Technology Act 2000. It introduces new criminal law frameworks under the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and the Indian Limitation Act, 1963. This book is tailored for tax consultants and legal advisors and serves as a practical guide for applying the law of evidence in tax-related proceedings, including: • Assessments • Re-assessments • Appeals It is especially pertinent for those practising in virtual assessment and appeal environments, where precise evidence handling is crucial. The Present Publication is the Latest Edition, commissioned by the All India Federation of Tax Practitioners and published exclusively by Taxmann. It is edited by Dr K. Shivaram, and authored by CA. M.V. Purushottama Rao, Adv. P.V. Subba Rao, Adv. Paras Savla, Adv. Rahul Hakani, Adv. Sham V. Walve, Adv. Divesh Chawla, Adv. Aditya Ajgaonkar, Adv. Shashi Ashok Bekal, Adv. Tanveer Khan and CA. Yash Ranglani. The noteworthy features of the book are as follows: • [Practical Q&A Format] with a focus on complex legal issues in tax (both direct and indirect) and various economic laws • [Structured Format] Each chapter addresses specific legislation, discussing the following: o Core Concepts o Application Challenges o Procedural Aspects • [Detailed Analysis] on topics such as: o Intricate aspects of evidence and cross-examination techniques o Evidentiary challenges and legal strategies in dealing with documents such as microfilms, computer printouts, and electronic records o Advanced topics like transfer pricing, General Anti Avoidance Rule (GAAR), and the role of evidence in international transactions o New Criminal Law Framework: § Bharatiya Nyaya Sanhita § Bharatiya Nagarik Suraksha Sanhita § Bharatiya Sakshya Adhiniyam • [Expert Authorship] Authored by 10+ stalwarts in the field, the book encapsulates the depth of experience and knowledge of its contributors, who are recognised professionals in law and taxation. The structure of the book is as follows: • [Basics to Advanced Topics] Starts with fundamental concepts of evidence and moves to complex issues in re-assessment proceedings, international transactions, and cross-border issues, including transfer pricing and GAAR • [Cross-Examination Techniques] Dedicated sections on the art and strategic approach to cross-examination in tax litigation, with do's and don'ts to aid practitioners in effective advocacy • [Special Focus on New Legislation] Detailed analysis of the BNS, BSA, and their implications on current tax practices and evidence handling • [Practical Approach] Each section includes practical questions and answers that help clarify the practical application of theoretical knowledge The contents of the book are as follows: • Income-tax Act, 1961 – Evidence – Concepts and Basics o This chapter introduces and discusses the definition and basic features of 'Evidence' outlined in the Bharatiya Sakshya Adhiniyam, 2023. An analysis of how courts interpret 'Evidence' under the Evidence Act, 1872, and the relevance of these interpretations within the context of the Income-tax Act, 1961 § FAQ.1 – FAQ.18 – It provides a detailed analysis covering the provisions of the Income-tax Act that refer to 'Evidence,' including direct and indirect references to the Evidence Act and the Bharatiya Sakshya Adhiniyam, 2023. The chapter discusses the evidentiary value of confessional statements, the credibility assessments by Assessing Officers, and the legalities surrounding cash credits, among other pivotal discussions • Income-tax Act, 1961 – Rules of Evidence o This chapter discusses the various types of assessments under the Income-tax Act, 1961, such as Summary Assessment, Scrutiny Assessment, Best Judgment Assessment, and Faceless Assessment. It examines the powers conferred upon Income-tax Authorities to collect evidence and the circumstances under which Assessing Officers can accept or reject claims made by assessee § FAQ.19 – FAQ.44 – It provides an extensive analysis of how evidence plays a critical role in the assessment process, including the manner and mode of service and communication of notices to the assessee. The chapter also addresses the evidentiary value of third-party statements and the judicial requirement of notice or summons service § FAQ.45 – FAQ.90 – It further discusses the nuances of evidence in income tax assessments, covering a wide range of topics from the justification of sham documents in assessment proceedings to the scope of protective income-tax assessments under the Act. This segment explores the legal basis for adjustments, the right of cross-examination, and the implications of various assessment methodologies • Income-tax Act, 1961 – Law of Evidence – Re-assessment Proceedings o This chapter focuses on the nuanced legal frameworks and judicial interpretations relevant to re-assessment under the Income-tax Act, 1961, especially in light of the amendments effective April 1, 2021. It details principles of natural justice and procedural requirements for a valid re-assessment § FAQ.91 – FAQ.125 – It analyses the validity of re-assessment notices, the authority of Assessing Officers in the re-assessment process, and the judicial and procedural safeguards, including the assessment of fresh materials and the role of judicial notices in re-assessment scenarios § FAQ.126 – FAQ.129 – It concludes the re-assessment discussion by addressing the judicial precedents set for re-assessment under the Income-tax Act, focusing on the limits of the Assessing Officer's powers and the legal requirements for a valid re-assessment. It includes topics on the interpretation of limitation periods and the effects of court findings on re-assessment procedures • Income-tax Act, 1961 – Law of Evidence – Search, Seizure and Survey Proceedings o This chapter examines the procedures and legal precedents governing search, seizure, and survey under the Income-tax Act. This chapter also elaborates on the evidentiary values assigned to documents, electronic records, and statements collected during these operations § FAQ.130 – FAQ.152 – It analyses the admissibility and reliance on evidence gathered from search and seizure operations, including the impact of admissions made during searches, the legal status of documents seized, and the procedures following search actions for assessing undisclosed income § FAQ.153 – FAQ.155 – It concludes the discussion on search and seizure by examining the evidentiary value of statements made post-search actions, the legal standing of such statements in court, and the assessability of surrendered income post-retraction of a statement made under duress or mistake • Income-tax Act, 1961 – Law of Evidence – Appellate Proceedings o This chapter discusses the appellate mechanisms within the Income-tax framework, detailing the powers available to appellate authorities in accepting and evaluating new evidence and the procedural norms for a fair appellate review § FAQ.156 – FAQ.192 – It reviews the application of additional evidence in appeals, the criteria for admitting fresh evidence, and the procedural expectations from the appellants at various appellate levels, including the strategic use of evidence in influencing appellate decisions § FAQ.193 – FAQ.196 – It concludes the appellate discussion by delving into the powers of the Income-tax Appellate Tribunal, including the admission of new evidence, the tribunal's duty to inquire independently, and the scope of directions it can issue while deciding appeals. It explores the legal remedies available against procedural errors and the recalibration of appellate decisions based on new facts or evidence • Income-tax Act, 1961 – Law of Evidence – International Transaction, Transfer Pricing and General Anti-Avoidance Rules (GAAR) o This chapter covers evidence considerations in international tax disputes, transfer pricing adjustments, and the application of GAAR, outlining the types of evidence pivotal in these contexts and their interpretative challenges § FAQ.197 – FAQ.240 – It provides a detailed discussion on the evidentiary requirements for supporting transfer pricing methodologies, the role of tax residency certificates in treaty benefits, and the evidential implications of GAAR in structuring international transactions • Rule of Evidence in Indirect Tax Proceedings (Central Goods and Services Tax Act, 2017) o This chapter analyses the evidentiary aspects under the GST framework, addressing the documentary and procedural requisites for registration, claims, and compliance, as well as the powers of the GST appellate tribunal concerning evidence § FAQ.241 – FAQ.292 – It examines issues such as the acceptability of electronic records, the implications of non-compliance with summons, and the procedural norms for the submission and adjudication of evidence in GST proceedings § FAQ.293 – FAQ.303 – It discusses advanced topics in GST-related evidence, including using digital records in proceedings, the admissibility of electronic records, and the legal consequences of destroying or secreting documents. This segment also covers procedural questions related to the electronic submission of documents and the automatic acceptance of digital records by authorities • Customs Act, 1962 – Law of Evidence o This chapter investigates the evidence law as it applies to the Customs Act, including the admissibility of statements under duress, the role of digital records, and the judicial review of evidentiary decisions made by customs authorities § FAQ.304 – FAQ.323 – It focuses on the principles governing the collection and use of evidence in customs proceedings, the challenges in proving the illicit nature of goods, and the legal thresholds for the admissibility of electronic evidence in customs violations • Law of Evidence – Benami Transactions (Prohibition) Act o This chapter explores the evidential challenges and legal interpretations associated with benami transactions, particularly the determination of true ownership and the applicability of procedural laws in benami property disputes § FAQ.324 – FAQ.354 – It discusses the statutory definitions of benami transactions, the evidentiary burdens placed on parties, and the role of evidence in adjudicating disputes under the Benami Transactions Prohibition Act • Law of Evidence – Prevention of Money-Laundering Act, 2002 o This chapter discusses the unique evidence issues in money laundering cases under the PMLA, including the treatment of confessions, the admissibility of illegally obtained evidence, and the presumptions about the burden of proof § FAQ.355 – FAQ.366 – It analyses the procedural nuances and evidentiary standards required to establish money laundering under the PMLA, including the implications of the act's overriding effect over other legal provisions • Information Technology Act, 2000 – Law of Evidence o This chapter reviews the interplay between the IT Act and tax law, focusing on the admissibility of electronic records, the legal requirements for electronic signatures, and the challenges associated with digital evidence in tax proceedings § FAQ.367 – FAQ.383 – It covers the critical aspects of electronic evidence under the IT Act, including the standards for certifying digital records, the admissibility of communications • Bharatiya Nyaya Sanhita, 2023 – Law of Evidence o This chapter examines the newly instituted Bharatiya Nyaya Sanhita, 2023, highlighting its impact on the adjudication processes, particularly in abetment, criminal conspiracy, and the furnishing of false information. It discusses the definitions, implications, and evidentiary requirements set forth by the new legal framework § FAQ.384 – FAQ.405 – It analyses the detailed legal questions regarding abetment, the nuances of criminal conspiracy, the legal responsibilities surrounding false information, and the procedural implications for evidentiary submissions under the Bharatiya Nyaya Sanhita. • Bharatiya Sakshya Adhiniyam, 2023 – Income-tax Act, 1961 o This chapter discusses the implications of the Bharatiya Sakshya Adhiniyam, 2023, for evidence handling within the Income-Tax Act. It addresses how this new evidence act interfaces with tax law, focusing on admissibility, evidentiary burdens, and judicial practices. § FAQ.406 – FAQ.426 – It thoroughly examines court procedures, evidentiary criteria, and legal presumptions under the Bharatiya Sakshya Adhiniyam as applied to tax law. This includes discussions on the admission of electronic evidence, the roles of public servants, and the importance of expert opinions in tax litigation § FAQ.427 – Q.448 – It closes the discussion on the Bharatiya Sakshya Adhiniyam's application to tax law by focusing on the practical aspects of evidence handling in court. This includes the distinction between primary and secondary evidence, the relevance of public and private documents, and the legal implications of electronic evidence. It addresses the burden of proof, the doctrine of estoppel, and the protection afforded to communications between a lawyer and their client • Indian Limitation Act, 1963 – Law of Evidence o This chapter focuses on the interaction between the Indian Limitation Act, 1963, and tax law, particularly how time limitations can influence the admissibility and effectiveness of evidence in tax proceedings. It covers the acknowledgement of debts, the effects of financial statements as acknowledgements, and the legal precedents that govern these relationships § FAQ.449 – FAQ.458 – It investigates various scenarios under the Limitation Act that affect the tax law, such as the impact of an acknowledgement in writing on the limitation period and whether electronic communications can constitute an acknowledgement. This chapter also discusses the consequences of late filings and the legal nuances of appeals related to limitation issues • Cross-Examination – Law of Evidence - Do's and Don'ts During Cross-Examination o This chapter provides a comprehensive guide on the proper procedures and strategic considerations for cross-examination within tax litigation. It outlines best practices, potential pitfalls, and the critical importance of cross-examination in establishing the credibility of evidence § FAQ.459 – Q.472 – It offers a thorough overview of examination techniques, the legal value of confessions made during searches, and the implications of denying an opportunity for cross-examination. It also discusses the procedural rights and responsibilities that govern the presence of witnesses and the admissibility of their statements in tax disputes
Author :S. P. Singh (Of Indian Revenue Service) Publisher :UBS Publishers' Distributors ISBN 13 :9788174763952 Total Pages :246 pages Book Rating :4.7/5 (639 download)
Book Synopsis Transfer Pricing and Regulations for India by : S. P. Singh (Of Indian Revenue Service)
Download or read book Transfer Pricing and Regulations for India written by S. P. Singh (Of Indian Revenue Service) and published by UBS Publishers' Distributors. This book was released on 2002 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Analyses Various Aspects Of Transfer Pricing (Tp) In General And The Earlier Provisions In The Indian Law Bearing On Tp In Particular With A View To Evolving A Tp Tax Regulatory Framework For India. It Was Written Prior To The Recent Changes In The Indian Tax Laws Pertaining To Tp. However, The Legislative Framework Suggested Here Should Serve As A Model Against Which The New Law May Be Evaluated.
Book Synopsis Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023] by : D.C. Agrawal
Download or read book Taxmann's Law Relating to Capital Gains – Answering 1200+ questions, divided into 680+ topics, spread over 55 chapters and covering 3000+ case laws on capital gains [Finance Act 2023] written by D.C. Agrawal and published by Taxmann Publications Private Limited. This book was released on 2023-05-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a treatise on 'Capital Gains' under the Income-tax Act. It contains every aspect of the law on the subject matter, which one would wish to know, understand, and search for. This book is presented in a 'question & answer' format, where the answers are crafted with utmost care and precision. The answers also incorporate all aspects of the issue arising from the questions. The coverage of the book includes the following: • 1,200+ Questions & Answers • 680+ Topics • 55 Chapters • 3,000+ Case Laws This book will be helpful for Departmental officers, litigants, and tax professionals to understand the all-important and recurring issues that arise in Capital Gains. The Present Publication is the Latest 2023 Edition and has been amended by the Finance Act 2023. This book is authored by D.C. Agrawal and Sanjiv Dutt, with the following noteworthy features: • [Lucid Explanation] of various provisions of the Income-tax Act relating to Capital Gains • [3000+ Case Law based Analysis with 'Relevant' Factual Matrix] that has been considered in the judgement that is being referred • [Amended & Updated] The newly substituted provisions as per the Finance Act 2023 have been incorporated and explained in a manner that both the experts & beginners can understand with ease • [Analysis New Topics] such as: o Capital Gains and Business Trusts o Capital Gains in International Financial Services Centre (IFSC) o Capital Gains under International Taxation o Other Provisions Relating to Capital Gains The structure of the book is as follows: • Question and Answer Format • Bare Provisions Relating to Capital Gains and the Amendments • Analysis of the Provisions • Chapter-end Summaries • Check Points for Tax Planning The contents of the book are as follows: • Chapters 2 to 6 guide on the issues relating to the following: o Exempted Capital Gains o Capital Asset o Long-Term and Short-Term Capital Assets/Gains o Scope of Transfer • Chapter 7 provides a comparison between Business Income and Capital Gains • Chapters 8 to 13 provide deep insight into various aspects of Section 45, which includes the following: o [Section 45(3)] – Entry of New Partner/Member in the Firm/AOP/BOI o [Section 45(4)] – Distribution of Assets on Dissolution of the Firm o [Section 45(4) and 9B] – Reconstitution of Firm/Specified Entity o [Section 45(5)] – Joint Development Agreements • Chapters 14 and 15 explain the intricacies involved in charging Capital Gains on the distribution of assets by the companies in liquidation and buyback of shares by the companies covered u/s 46 and 46A • Chapters 16 and 17 explain how in some instances transaction will not be a transfer and when capital gains exempted earlier will be charged as covered u/s 47 and 47A • Chapters 18 and 19 highlight the mode of computation of capital gains and indexation as provided u/s 48 • Chapters 20 and 21 cover issues relating to the determination of the cost of acquisition as contained in Section 49 • Chapters 22 to 27 provide special provisions for the determination of the cost of acquisition or full value of consideration in specific cases such as: o Market Linked Debentures o Slump Sale o Transfer of Immovable Properties or unquoted shares, or in residuary cases as contained in Sections 50, 50A, 50AA, 50B, 50C, 50CA and 50D. • Chapter 28 provides treatment of money received in advance during the transfer of Capital Assets as contained in Section 51 • Chapters 29 to 44 cover issues relating to exemption from Capital Gains arising on the transfer of long-term capital asset • Chapter 45 covers issues relating to the cost of acquisition in certain cases, as provided in Section 55 • Chapter 46 covers issues arising from the Reference to Valuation Cell as contained in Section 55A • Chapter 47 covers issues relating to set off and carry forward of capital loss • Chapters 48 to 50 discuss issues relating to rates of Capital Gains, or charge of Capital Gains on non-resident entities and funds or Alternative Tax regimes for NRIs • Chapters 51 to 54 cover the special cases relating to the charge of Capital Gains on Business Trust, in IFSC, under International Taxation and residuary provisions related to the charge of tax on transferees • Chapter 55, being FAQs, provides valuable answers to the possible queries arising in the mind of taxpayers intending to dispose of their long-term capital asset and invest in residential house
Book Synopsis Indian Double Taxation Agreements & Tax Laws 5Th / Ed. by : D P Mittal
Download or read book Indian Double Taxation Agreements & Tax Laws 5Th / Ed. written by D P Mittal and published by . This book was released on 2008-09-01 with total page 3552 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Comprehensive and authentic Commentary on Indian Double Taxation Agreements with the help of decisions of International & Indian Courts as well as Authority for Advance Rulings * A comprehensive & critical study of UN Model Convention * Comparative and critical analysis of OECD Model Convention * Doing business with or in India, including e-business * Genesis and development of Treaty Models * Supremacy of a Tax Treaty over the domestic laws * Interpretation of a Tax Treaty * Classification of Income * Scope and purpose of a Tax Treaty * Taxes covered by a Treaty * Explaining definitions and expressions used in a tax treaty such as 'Resident', 'Permanent establishment', and others including 'Transfer pricing', 'Arm's length transactions', 'Treaty Shopping', etc. * Explaining expressions used in domestic tax laws but not defined in tax treaties such as Income (Real Income, Fictional Income, Substance over form). Total Income, Business, Profession, Computation of Income, etc. * Computation of income and distributive rules relating to income from Business, Shipping Business, Associates Enterprises, Capital Gains, Investment Income (dividends, interest, and royalties), Income from activities (personal and impersonal, pensions, directors' fee, entertainment, athletes, sports), Remuneration to students, etc. * Non-discrimination * Mutual agreement procedure for resolving disputes * Methods of eliminating Double Taxation, including Tax Sparing * Test of Double Taxation Agreements and Compendium of Relevant Circulars * Compendium of Rulings of Authority of Advance Rulings
Book Synopsis Taxmann's Transfer Pricing Digest by :
Download or read book Taxmann's Transfer Pricing Digest written by and published by . This book was released on 2019 with total page 1787 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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