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Interpretation Of Indirect Tax Statutes Including Gst
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Book Synopsis Interpretation of Indirect Statutes with GST by : Kishorilal,
Download or read book Interpretation of Indirect Statutes with GST written by Kishorilal, and published by Bloomsbury Publishing. This book was released on 2021-05-30 with total page 1250 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the book This book deals with the general rules of Interpretation and topics covered by the four main enactments pertaining to indirect taxes namely Customs, Central Excise, Services Tax and GST. It also covers the general provisions relating to taxation such as classification, valuation and demand pertaining to short recovery and refund of the excess payment. It also covers the topics such as strict liability, Res judicata, other general concepts of law, relating to taxation such as rule of stare decisis and exceptions to the rule of stare decisis. Key features Concepts of interpretation of tax statutes lucidly explained Exclusive chapter on: - GST - Service Tax Exhaustive coverage on Natural Justice and theory of precedent Special emphasis on the decisions of the CESTAT on all the topics Comprehensive coverage of cases on: - Levy of Customs, Central Excise, Service tax and GST - Classification of goods and services - Exemptions - Valuation of goods and services - CENVAT Credit/Input Tax Credit - Recovery of Tax dues - Refund/Rebate - Small Scale Exemption
Book Synopsis Interpretation of Indirect Tax Statutes Including GST by :
Download or read book Interpretation of Indirect Tax Statutes Including GST written by and published by . This book was released on 2022 with total page 1393 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Taxmann's Interpretation of Taxing Statutes – Treatise to Understand Legislative Intent & Interpretation Strategies – Covering Rules (Literal | Golden | Mischief) & Approaches (Plain | Purposive) by : Dr. K.N. Chaturvedi
Download or read book Taxmann's Interpretation of Taxing Statutes – Treatise to Understand Legislative Intent & Interpretation Strategies – Covering Rules (Literal | Golden | Mischief) & Approaches (Plain | Purposive) written by Dr. K.N. Chaturvedi and published by Taxmann Publications Private Limited. This book was released on 2024-04-02 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book enables the reader to understand the complex world of statutory interpretation, especially in the context of taxation laws. This book analyses the intricate relationship between legislation and its interpretation by the judiciary, underscoring the critical role that statutory law plays in contemporary society. It highlights the challenges judges face in deciphering the often opaque language used in statutes. The book stresses the importance of understanding legislative intent and the various approaches to interpretation, such as the literal rule, golden rule, and mischief rule, while also introducing the reader to more modern methodologies like the plain meaning approach and purposive approach. This book is tailored for a broad audience, including tax practitioners, lawyers, judges, academicians, and policymakers. Its comprehensive coverage of both foundational principles and contemporary developments in tax law interpretation makes it an invaluable resource for those engaged in the legal, academic, and practical aspects of taxation. The Present Publication is the 2nd Edition, authored by Dr. K.N. Chaturvedi, with the following noteworthy features: • [Highlights of the 2nd Edition] are as follows: o [Updates] Discusses the developments in tax policy and interpretation since 2008, including the implementation of the GST regime in India and global tax law alignments like GAAR and MLI o [Judicial Decisions] Discusses recent Supreme Court decisions on key aspects of the Income-tax Act, 1961, and analyses the judicial stance on tax exemptions and deductions o [New Content] Introduces chapters on Tax exemptions and DTAA, updates on customs tariff classifications, and discussions on the simplification and rationalization of direct taxes o [Legislative Changes] Notes the enactment of the Provisional Collection of Taxes Act, 2023, which updates the 1931 Act, reflecting ongoing legislative evolution • [Judicial Scrutiny and the Art of Drafting] It presents examples from judicial pronouncements that critique legislative drafting, illustrating this with case laws, and discusses the resulting judicial efforts to interpret ambiguous statutes • [Legislative Language and Public Understanding] The debate on whether laws should be written in plain English is addressed, with opinions suggesting that simplifying legal language may not necessarily benefit the general public due to the complexities of legal interpretation and context • [Evolving Principles of Judicial Interpretation] The book notes a shift from traditional rules of statutory interpretation (literal, golden, and mischief rules) towards more nuanced approaches like plain meaning, contextual, and purposive interpretations, reflecting a broader and more flexible understanding of legislative texts • [Comparative Analysis of Statutory Interpretation] This book discusses interpretation practices across common law countries (the United Kingdom, Canada, Australia, the United States, and India), highlighting differences and commonalities in approaches • [Structural Overview of Tax Law] Early chapters provide an in-depth look at India's tax system, the constitutional framework of taxation, the legislative process for tax statutes, and the structural anatomy of an Act, laying a foundation for understanding statutory interpretation in the context of taxation The detailed contents of the book are as follows: • Tax System in India o The book begins with an exploration of the principles of rule of law and governance as they relate to taxation o It discusses the complexities of statutory interpretation, specifically within the realm of taxation laws o An in-depth look at the various tax systems in India, including service tax, income tax, and other significant taxes o Attention is given to state taxes and the introduction of new tax laws, illustrating the evolving nature of tax legislation • Constitutional Provisions Relating to Taxation o Delivers a foundational understanding of what constitutes a tax and the necessity of legal authority for its levy and collection o Examines constitutional remedies in tax matters and differentiates between tax, fee, and cess o Details the distribution of legislative powers between Parliament and State Legislature, including competence to tax and specific taxes like income tax, sales tax, and excise duty on liquor o Addresses the interpretation of legislative entries, the concept of pith and substance, and the limits of taxing power, including instances where statutes have been held constitutional or unconstitutional • Various Stages of Law-Making and Their Relevance as an Aid to Interpretation o Offers insight into the law-making process, the relationship between policy and drafting, and the introduction and types of bills o Discusses the significance of presidential recommendations, accompanying documents for taxation bills, and various memorandums and notes that provide clarity to legislative intent o Explores how statutory interpretation is influenced by law commission reports, taxation committees, parliamentary committees, and speeches by legislators • Structure of a Taxing Statute o Provides a comprehensive guide to drafting taxing statutes, including the importance of the title, preamble, and definition clauses o Explains the roles of legal fiction, headings, marginal notes, explanations, provisos, schedules, and the power to remove difficulties in tax legislation • Tax Interpretation of Exemption Provisions o Discusses the preliminary aspects, constitutional provisions, and complexity of tax exemption provisions o Emphasizes procedural safeguards, judicial review, flexibility in designing exemption provisions, and interpretation of these provisions o Covers tax incentives and the concept of legitimate expectation in tax law • DTAA and International Taxation o Introduces Double Taxation Avoidance Agreements (DTAA) and their role in international taxation, including Supreme Court rulings on the matter o Details the new scheme of international taxation, amendments to the Income-tax Act, and specific sections pertinent to international agreements o Explores the interpretation of DTAA and the Multilateral Instrument (MLI), as well as significant judgments related to international tax law • Different Approaches to Interpretation o Expounds on the basic principles of statutory interpretation and compares the approaches taken by various jurisdictions, including the United Kingdom, Australia, Canada, and India • Tax Evasion, Tax Avoidance, and Tax Mitigation o Addresses the distinctions between tax evasion, tax avoidance, and tax mitigation o Details the statutory framework on tax avoidance, including General Anti-Avoidance Rules (GAAR) and transfer pricing provisions • Aids to Interpretation o Discusses general, internal, and external aids to the interpretation of tax statutes o Outlines general presumptions relevant to the interpretation of tax laws, including presumptions about constitutionality, retrospective effect, exemption provisions, and implied repeal o Includes a discussion on the use of Latin maxims and the significance of popular, ordinary, and technical meanings in statutory interpretation • Simplification and Rationalisation of Direct Taxes o Covers efforts towards simplifying and rationalizing direct taxes, including the roles of various committees, commissions, and reports from the Comptroller and Auditor General (CAG) and Public Accounts Committee (PAC) o Reviews the Direct Tax Code Bill 2010 and outlines key concepts for the future of tax law simplification
Book Synopsis Essays on Indirect Taxation by : Sukumar Mukhopadhyay
Download or read book Essays on Indirect Taxation written by Sukumar Mukhopadhyay and published by . This book was released on 2008 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique attempt to cover the whole gamut of indirect taxes in practice. It covers a wide spectrum of issues in respect of all indirect taxes namely Customs, Central Excise, Sales Tax, Central Sales Tax, VAT, Service Tax and Goods and Services Tax (GST). Related subjects such as Cenvat, Anti-dumping duty, import and export are covered by the above general nomenclature. The collection candidly casts light on almost every aspect concerning the indirect taxes. The concepts and laws of indirect taxes have been explained elaborately through judicial interpretations. The author has culled out his experience of decades in the form of well-organised and easy-to-understand essays on indirect taxes. Areas covered include different types of definitions for goods and services, which are necessary to identify them for the purpose of taxation. The chapter on interpretation of fiscal statute deals with the latest legal position about interpretation of words and phrases in order to come to the correct understanding of legal and judicial expressions. There are various chapters on valuation, sales tax, evidence, economic policy, retrospective effect, promissory estoppel, value added tax, service tax, anti-dumping duty, goods and services tax and several administrative matters. Essays on Indirect taxes will enable various tax consultants, chartered accountants, Company Secretaries and lawyers to understand the innumerable complexities of indirect taxes. It will also aid in understanding the basic structure of all taxes, cenvat, antidumping, import and export.
Book Synopsis Australian GST Legislation with Overview 2012 by : CCH Australia Staff
Download or read book Australian GST Legislation with Overview 2012 written by CCH Australia Staff and published by CCH Australia Limited. This book was released on 2012-02 with total page 1481 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Book Synopsis International VAT/GST Guidelines by : OECD
Download or read book International VAT/GST Guidelines written by OECD and published by Org. for Economic Cooperation & Development. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper set forth internationally agreed principles and standards for the value added tax (VAT) treatment of the most common types of international transactions, with a particular focus on trade in services and intangibles. Its aim is to minimise inconsistencies in the application of VAT in a cross-border context with a view to reducing uncertainty and risks of double taxation and unintended non-taxation in international trade. It also includes the recommended principles and mechanisms to address the challenges for the collection of VAT on crossborder sales of digital products that had been identified in the context of the OECD/G20 Project on Base and Erosion and Profit Shifting (the BEPS Project).
Book Synopsis The Taxpayers Guide 2014-2015 by : Taxpayers Australia Inc
Download or read book The Taxpayers Guide 2014-2015 written by Taxpayers Australia Inc and published by John Wiley & Sons. This book was released on 2014-09-08 with total page 2762 pages. Available in PDF, EPUB and Kindle. Book excerpt: Answer your questions and maximise returns with this easy-to-follow tax guide The Taxpayers Guide 2014 – 2015: 26th Edition is the complete guide to understanding the Australian tax system. Packed with tax-saving strategies and helpful advice, this clear, easy-to-follow guide is essential reading for taxpayers wanting to pay what they owe, but not a cent more. You'll find invaluable information, excellent advice and practical strategies for maximising returns, fully revised and updated for the 2014 – 2015 tax year. With handy reference tools like tax tables, rebates and offsets at your fingertips, you'll be able to solve both complex and everyday tax problems quickly and easily. This book brings together almost a century of expertise from Taxpayers Australia in one comprehensive volume. Taxpayers Australia is a not-for-profit educational organisation dedicated to educating taxpayers on issues relating to tax and superannuation. This guide is the organisation's one-stop resource for understanding the tax system, providing plain-English guidance toward saving money and avoiding common traps. Comprehensively indexed and organised for easy navigation, the book provides the answers and insight you need in order to: Understand income tax rates and deductions for individuals and contractors Simplify superannuation and planning for retirement Decipher capital gains, investments and trusts Solve small business issues and straighten out payroll taxes Australia's complex tax system presents many opportunities to miss out on savings. This comprehensive tax resource clarifies complicated guidelines and laws to help you sort out what you really owe. If you're tired of overpaying but wary of questionable advice, look to one of Australia's most trusted tax guides—The Taxpayers Guide 2014 – 2015.
Book Synopsis Australian Income Tax Legislation 2011: Taxation Administration Act by : Australia
Download or read book Australian Income Tax Legislation 2011: Taxation Administration Act written by Australia and published by CCH Australia Limited. This book was released on 2011 with total page 2753 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive consolidation of Australian income tax and related legislation, updated and consolidated for all amendments to 1 January 2011.
Book Synopsis Australian Income Tax Legislation, 2012, Vol 3 by :
Download or read book Australian Income Tax Legislation, 2012, Vol 3 written by and published by CCH Australia Limited. This book was released on with total page 2625 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Taxpayers' Guide 2013 - 2014 by : Taxpayers Australia
Download or read book The Taxpayers' Guide 2013 - 2014 written by Taxpayers Australia and published by John Wiley & Sons. This book was released on 2013-09-03 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt: The one-stop resource for understanding the Australian tax system, from the experts at Taxpayers Australia The complete guide to understanding the Australian tax system, The Taxpayers' Guide 2013-2014 is packed with tax-savings strategies and helpful advice presented in a clear, easy-to-follow style that makes it essential reading for all taxpayers seeking information and tools to ensure they pay exactly what they owe…and not a cent more. Revised and updated for the 2013-2014 tax year, the book brings together almost a century of expertise from Taxpayers Australia in one comprehensive volume. Now in its 25th edition, The Taxpayers' Guide is an informative, practical resource that answers even the most complicated tax problems in a well-organized, readily accessible format. Expansive in its coverage, the book addresses income tax rates, deductions for individuals and contractors, superannuation, capital gains, investment property, planning for retirement, investments, small business issues, trusts, payroll taxes, and much more. Fully revised and updated for the 2013-2014 tax year Easy to follow and comprehensive in scope, with coverage of everything from retirement to trusts Filled with invaluable information, excellent advice, and practical strategies for understanding the tax system and maximizing rebates, The Taxpayers' Guide 2013-2014 is the all-new edition of Taxpayers Australia’s trusted tax guide.
Book Synopsis Australian income tax legislation 2009 by :
Download or read book Australian income tax legislation 2009 written by and published by CCH Australia Limited. This book was released on 2009 with total page 2760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis CJEU - Recent Developments in Value Added Tax 2017 by : Michael Lang
Download or read book CJEU - Recent Developments in Value Added Tax 2017 written by Michael Lang and published by Linde Verlag GmbH. This book was released on 2018-08-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most important and recent judgments of the CJEU Considering the ever increasing importance of indirect taxation as a source of revenue for governments, the intensifying complexity of legal framework, and the proliferating number of countries adopting indirect taxation, it is essential to scrutinize how the law is actually applied in practice. The primary driving force in this area is, undoubtedly, the Court of Justice of the European Union. This book analyses selected topics (e.g. the Charter of Fundamental Rights of the European Union and VAT, taxable base and rates, exemptions, and deductions) by examining the most prominent and recent judgments of the Court of Justice of the European Union. Experts from all over the world, not just from academia but also government representatives and tax practitioners, have provided their input and helped us compile what is an informative and worthy read for anyone dealing with indirect taxation on a professional basis.
Book Synopsis The Meaning of "enterprise", "business" and "business Profits" Under Tax Treaties and EU Tax Law by : Guglielmo Maisto
Download or read book The Meaning of "enterprise", "business" and "business Profits" Under Tax Treaties and EU Tax Law written by Guglielmo Maisto and published by IBFD. This book was released on 2011 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Meaning of "Enterprise", "Business" and "Business Profits" under Tax Treaties and EU Tax Law, comprising the proceedings and working documents of an annual seminar held in Milan in November 2010, provides an in-depth analysis of the meaning of these three essential concepts in relevant tax treaties and law. The analysis starts from an EU tax law perspective, with a particular emphasis on the European Directives. The above concepts are then considered from domestic tax law viewpoints. The book then moves to tax treaty law. Most notably, an examination of the history and interpretation of the concepts of "enterprise", "business" and "business profits" is presented, starting from the works of the League of Nations to the current OECD Model Tax Convention. Next, specific tax treaty issues are considered. In particular, the controversial issues concerning the interpretation of the notions of "enterprise" and "enterprise of a Contracting State" are discussed. Also, the concepts of "profits" and "business profits" are thoroughly reviewed. The concept of "enterprise" in the context of the non-discrimination clause laid down by Art. 24 of the OECD Model Tax Convention is then examined. Individual country surveys provide an in-depth analysis of the aforementioned concepts and issues from a national viewpoint in selected European and North American jurisdictions, as well as in Australia and Japan. The book concludes with a round-table discussion among some of the most renowned international tax scholars on the desirability to change the OECD Model Tax Convention and its Commentaries. This book is essential reading for all those dealing with issues of taxation of enterprises engaged in cross-border activities and can be considered a new cornerstone in the subject matter."--Publisher's website
Book Synopsis Rates of Taxes on Services under the Goods and Services Tax Act, 2017 as on 1st April, 2022 with case laws. by : K Hyder Vali M.A., LL.B.
Download or read book Rates of Taxes on Services under the Goods and Services Tax Act, 2017 as on 1st April, 2022 with case laws. written by K Hyder Vali M.A., LL.B. and published by Blue Rose Publishers. This book was released on 2022-06-06 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Book Contains: 6 Digits Service Account Codes (SAC) for all the Services. Service-wise Index to all the Services liable to Service Tax under GST Act,2017. Index to Explanatory Notes to the Scheme of Classification of Services Annexure (Service Description, Service Code (Tariff) (Chapter, Section, Heading/Group) Published by the CBIC. All Amendments made in respect of Entries and Rate of Taxes and Exemptions from July, 2017 upto 1st April, 2022. Meanings to all the words and definitions referred in Service Tax Notifications. Case laws rendered by Hon’ble Supreme Court and the Hon’ble High Courts and various Advance Ruling Authorities(AAR), Appellate Advance Ruling Authorities(AAAR) from July, 2017 upto 1st April, 2022. Most useful to all the Tax Practitioners, Chartered Accountants, Bar and Bench, GST Departmental Officers & Service Providers as well throughout India.
Book Synopsis Global Explanation of Public Law 115-97 by :
Download or read book Global Explanation of Public Law 115-97 written by and published by . This book was released on with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis UPHESC Assistant Professor [Code -68] Practice Set [Question Bank] 3000 MCQ Unit Wise 1 to 10 As per Updated Syllabus [English Medium] by : DIWAKAR EDUCATION HUB
Download or read book UPHESC Assistant Professor [Code -68] Practice Set [Question Bank] 3000 MCQ Unit Wise 1 to 10 As per Updated Syllabus [English Medium] written by DIWAKAR EDUCATION HUB and published by DIWAKAR EDUCATION HUB. This book was released on 2023-02-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: UPHESC Code -68 Question Bank 3000+ MCQ Unit Wise from Unit -1 to 10 As per the Updated Syllabus cover all 10 Units
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