NLSIU MBLAll Module Summary Syllabus

8/12/2019 NLSIU MBLAll Module Summary Syllabus

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Taxation of Corporations &

Commodities

Overview

Str ict ly Conf id ent ial intended on ly for Internal Purposes

National Law School of IndiaUniversity



Agenda

Overview of all the Modules

Major Developments in Direct, Indirect andInternational Taxation

Summary of View – Service Tax (as an Example)

Recommended and Suggested resources

– Mentioned at the end in all Modules Question and problems helps the understanding

of the subject

– Mentioned at the end in all Modules




Income tax Department Website – Direct Taxes




Central Board of Excise and Customs Website – Indirect Taxes

Str ict ly Conf ident ial intended only for Internal Purposes



Modules General Principles of Taxation

Direct Taxes

– Introduction to Direct Taxes

– Taxation of Corporations - I – Corporate Tax -II

Indirect Taxes

– The Central Excise

– The Customs Act 1962

– The Central Sales Tax Act, 1956

– Service Tax

International Taxation

Str ict ly Conf id ent ial Only for Internal Purpo ses



Module 1 - General Principles of

Taxation

General Principles of Taxation – Fiscal Policy design in India

– Constitutional Design in Taxation Laws – General Principles of Taxation

Persons

Commodities

– Case Law




Module 1 - General Principles of

Taxation Case Law

1. Commissioner of IT (Central) v Bikaner Trading Co Ltd (1970-78 ITR 12 SC)

2. CIT V. Toshuku Ltd (1980-125 ITR 525 (SC)3. CIT, Bombay City v Tata Chemicals Ltd (1974-94 ITR 85 (Bom)

4. CIT, Punjab v R.D Aggarwal (1964) ITR 9 (SC)

5. Barendra Prasad Rau V ITO A ward, Foreign Section and others

(1981 129 ITR 295 SC6. Hose v Harwick 27 TC 459

7. Hosiarpur Electric Supply Co v CIT (41 ITR 608)

8. CIT v Purushottam das Takkor das (AIR 1925 Bom 318)

9. CIT v Shah Wallace (ILR 59 Cal 1343)




Module 2 - Introduction to Direct

taxes Introduction to Direct Taxes

– Tax Base and Concept of Income

– Fully and Partly exempted Income

– Incidence of Income – Tax Incentives

– Choice of Accounting Method

– Assessment Function

– Collection Function

– Structure of Income Tax Administration – Offences under IT Act

– Other Direct taxes

– Taxpayers Rights & Remedies

– Case Laws

– Specimen tax Forms




Module 2 - Introduction to Direct

taxes Case Law

1. CIT v Raja Benoy Kumar Sahas Roy (1957) 32 ITR 466 (SC) – agricultural andagricultural purpose

2. Raja Bahadur kamakshya Narain Singh of Ramgarh v CIT (1943) 11 ITR 513 PC – definition of income

3. CIT v Mysore Chromite Ltd (1995) 27 ITR 128 SC – Place of Accrual4. B R Naik V CIT – De Jure or De Facto Control – section 6(2) of IT Act, 1961

5. Kunnathat Thathunni Moopil Nair etc., v State of Kerala and another AIR 1961SC 552

6. Addl CIT v Ram Kripal Tripathi (1980 125 ITR 408 All) Profession – value ofBenefits (s 2(24) and 28(iv) 1961)

7. CIT v Piara Singh (1980 124 40 SC) – deduction of loss from illegal businesss(section 10, 1922 Act ss28,29 1961 Act)

8. CIT v Shantiala Pvt Ltd – Speculative transactions – damages for Breach ofContract (Ss 28 Expln-2; 43(5), 1961 Act)

9. Mangalore Electric Supply Co. Ltd v Cit (1978 113 ITR 655 SC) – Transfer – Whether Confined to Voluntary Transfer Sec 12B(1), 1922 Sec 45 and Sec

2(47), 1961 Act




Module 3 – Taxation of Corporations Taxation of Corporations

– Taxation of Corporations

– Types of Companies vis-à-vis Taxation

– Charge of Tax

– Income – Scope of Extent – Income from Profits and Gains of Business and profession

– Income from Capital Gains

– Income from House Property

– Taxation of Dividends

– Set-off and Carry Forward & Set-off of losses – Specific Deductions

– Case Law

– Excerpts from Raja Chelliah Committee recommendations




Module 3 – Taxation of Corporations Case Law

1. CIT v Meenakshi Mills Ltd (1967) 63 ITR 609 SC

2. State Bank of Travancore v CIT (1986) 158 ITR 102 (SC)

3. CIT v Toshoku Ltd v (1980) 125 ITR 525 (SC)

4. CIT v Bombay Burmah Trading Corporation (1986) 161 ITR 386 SC

5. G Venkataswami Naidu v CIT (1953) 35 ITR 394 (SC)

6. Strong & Co OF Ramsay Ltd v Woodifidd Surveyor of Taxes (1960) AC 4481. Indian Aluminium Co Ltd v CIT (1972) 84 ITR 735 (SC)

7. CIT v Chandulal Keshavlal & Co (1960) 38 ITR 601 (SC)

8. Challappalli Ltd v CIT v. Hindustan Petroleum Corporation Ltd (1975) 98 ITR167 SC

9. CIT Shantilal Pvt Ltd (1983) 144 ITR 57 (SC)

10. CIT v Nalin Behari Lal Sinha (1969) 874 ITR 849 SC




Module 4 – Corporate Tax II

Role of Tax in Determination of Capital Structure – Introduction

– Sources of Corporate Finance and Management – A Full Circle

– Role of Tax in Determining Capital Structure

– Ploughing Back and Tax policy

– Taxation : Two faces of Corporate Management Double Taxation Relief

– Introduction

– Legal Status of DTAA

– Broad Features of DTAA

– Differential Agreements

– UN & OECD Model Conventions

– Methods of Elimination of Double Taxation

– Non Discrimination Provision

– Misuse of DTAA

– Concluding Remarks

– Sections 90 and 91 of the IT Act, 1961




Cont…Module - 4 Taxation of Non Resident Foreign Companies

– Introduction – Indian Tax Jurisprudence and Foreign Companies

– Special Provisions for Assessment of Foreign Companies

– Special Heads of Income

– Capital Gains

– Dividends, Royalties, Technical Fees

– Assessment

– Dispute Settlement: Advance Rulings Authority – Conclusing Remarks

– Sections 115 A to J of the Income Tax Act, 1961

Transfer Pricing – Abbreviation Used

– Introduction

– Transfer Pricing Regulation

– Method of Allocating Income

– Determination of True Taxable Income

– Reliability of Income

– Transfer Pricing in India

– Best Judgement Assessment

– Special Provisions in the IT Act Relating to Tax Avoidance

Case Law




Module 4 – Corporate Tax II

Case Law

1. CIT v Tata Chemicals Ltd (ITR 1986 162 662)

2. Punjab Produce and Trading Co Ltd v CIT, Calcutta ( ITR 1971 82 619)

3. CIT, West Bengal b Clive Insurance Ltd (ITR 113 1978 636)

4. Universal Cargo Carriers Inv V CIT (Taxmann 1993 70 515)

5. Duncans Agro Inbdustries Ltd V Secretary, Dept of Industrial Development andothers (ITR 1983 144 94)

6. Arabin Express Line Ltd of UK v Union of India (Taxman 1995 82 6)




Module 5 – The Central Excise

The Central Excise

– Introduction

– Functions: Assessment and Resolution of Tax Disputes (Appeals) Collection andRelations with Taxpayers Functions under the Central Excise Act

– Awards and Incentives

– Administrative Authorities and Procedure

– Valuation and Excise Duty

– Valuation Added Tax (VAT), A Modified value Added Tax (MODVAT) and MODAVATProcedures

– Important Judicial Judgments

– ANNEXURES Dutiable Items – Central Excise Tariff Act

Appeals/References/Review/Revise in Chart giving details

Vat rates and revenue Share in Developing Countries

Relevant Sections in Central Excise Act 1944

Relevant Rules of Central Excise Rules

The Model of the Indirect Tax System in India

Relevant Extract from the Recommendations of Tax reforms Committee , 1992




Module 5 – The Central Excise

Case Law

1. Addison Co Ltd v CCE Madras (1997) 91 ELT 532 (SC)

2. Philips India Ltd v CCE, Pune 1997 91 ELT 540 SC

3. Rice bran , gaziabad excise duty manufacture of soap exemption notification falty acid

4. Valley Abrasives Ltd v CCE 1997 91 CCE ELT 700 (Tri)

5. CCE v Ashok Leyland 1997 90 ELT 519 (Tri)6. Mafatlal Industries Limited v Union of India 1997 89 ELT 247 SC

7. CCE v Wood Polymer Ltd 1997 89 ELT 446 SC

8. Good Year India Ltd v Union of India 1997 92 ELT 14 SC

9. Baroda Electrical meters Ltd v CCE 1997 94 ELT 13 SC

10. CCE, Hyderabad v Sirpur Paper Mills Ltd1996 82 ELT 212 (Tri)1. Swadesh Polytex Ltd v CCE (1989) 44 ELT 794 (SC)

11. HMM Ltd v CCE 1994 74 ELT 19 (SC)12. Tata Unisys Ltd b CCE, Bombay 1994 73 ELT 96 (Tribunal)

13. COL Tubes (P) Ltd v CCE, Indore 1994 72 ELT 342 (Tri)

14. Asst. CCE v MRF Ltd (1987) 27 ELT 553 SC

15. Britania Biscuit Co v CCE 1997 (68) ECR 527 SC

16. Union of India v century manufacturing Co 1992 (60) ELT SC 3




Module 6 – The Customs Act

The Customs Act, 1961 – Introduction

– Levy and Exemption from Customs Duties Imported goods

– Export Goods date of Determination of Rate of customs tariff Valuation

– Valuation Goods for Purpose of Assessment

– Assessment of Duty

– Search, Seizure and Arrest

– Pot-Pourri of the Customs Act, 1962 – Tax-Dispute Resolution and Procedure

– Administrative authorities and procedure

– Important Judicial Decisions

– Annexure Customs Valuation (Determination of Price of Imported Goods) Rules, 1988




Module 6 – The Customs Act

Case Law

1. Assistan t Collector of Customs karwar v State 1997 (94) ELT 66 (Kar)

2. Punjab Electricity Board v CCE Bombay 1987 27 ELT 432

3. National Aluminum Cpo Ltd b CC , Madras 1997 94 ELT 409 tri

4. Ram Kerpal v CC, Ahmedabad, 1997 (94) ELT 405 Tri

5. CC, Bombay v Sanghvi Swiss refills Private Limited (1997) 94 ELT 644 Tri6. British machinery Supplies Co v Union of India 1996 (86) ELT 449 SC

7. CC v Shiboni Engineering Systems 1996 86 ELT 453 (SC)

8. Naresh J Sukhawant v Union of India 1996 83 ELT 258 SC




Module 7 – CST Act

The Central Sales Tax Act, 1956 – Introduction

– Definitions

– Sections 3, 4 and 5

– Charging Section and Fixation of Rates – Sections 6 and 7

– Levy, Collection of Tax and Penalties

– Rates of tax on Sale in the Course of Inter-State Trade or Commerce

– Procedural Aspects of the CST Act

– Sections 16, 17 and 19 – Case Laws

– Annexure Constitutional Amendments

Builder Association of India v union of India

The CST Act and Rules




Module 7 – CST Act

Case Law

1. Coffee Board Promoter of Export Coffee SC Writ

2. J K Cotton Spinning and Weaving Milkls Ltd v STO (1965) 16 STC 563 SC

3. State of Tamil nadu v Pyarelal malhotra (1976) 37 STC 319 SC

4. Sahney Steel and Press Works :Ltd v CTO (1995) 60 STC 301 (SC)

5. B Hoolschand v State of Orissa AIT 1976 SC 1016




Module 7 - CST Act

The Central Sales Tax Act, 1956 – Introduction

– Definitions

– Sections 3, 4 and 5

– Charging Section and Fixation of Rates – Sections 6 and 7

– Levy, Collection of Tax and Penalties

– Rates of tax on Sale in the Course of Inter-State Trade or Commerce

– Procedural Aspects of the CST Act

– Sections 16, 17 and 19 – Case Laws

– Annexure Constitutional Amendments

Builder Association of India v union of India

The CST Act and Rules




Module 7 - CST Act

Case Law

1. Coffee Board Promoter of Export Coffee SC Writ

2. J K Cotton Spinning and Weaving Milkls Ltd v STO (1965) 16 STC 563 SC

3. State of Tamil nadu v Pyarelal malhotra (1976) 37 STC 319 SC

4. Sahney Steel and Press Works :Ltd v CTO (1995) 60 STC 301 (SC)

5. B Hoolschand v State of Orissa AIT 1976 SC 1016




Module 8 – Service Tax

Service Tax

– Introduction

– Broad Features of the Service Tax

– Definitions

– Charge of Service Tax and Valuation of Taxable Services (ss 66-67)

– Accounting Aspects of Service Tax

– Procedural Aspects of Service Tax – Penal provisions in the Act

– Tax Dispute Resolution Procedure

APPENDICES

– Stock Broker

– Underwriter

– Custom House Agency

– Courier Service

– General Insurance Company ANNEXURES

– Statutes

– Statutory provisions of Service Tax

– Important relevant Provisions of the Central Excise Act, 1994 and central Excise Rules, 1944

– Books of Accounts or Records

– Applicability of Other Acts to Service Tax

Laghu Udyog Bharti v Union of India (SC)

Additional Advertising v Union of India (Guj HC)




Module 9 - International Taxation International Taxation

– Constitutional Aspects of National Taxation

– Economic Analysis of International Taxation Social Market Economy – Features

Principles of taxation

Economic Analysis of Source Jurisdiction

– Foreign Income and Foreign Taxpayers – Taxation Principles, Methods and Problems

Categories of Income

Collections: Problem Areas

Tax Avoidance: Case Study

Legal Problems in the Income Tax Act, 1961

– Double Taxation What is Double Taxation?

Economic of Double Taxation

History of Double Taxation

Features of Status Jurisdiction

Features of Source Jurisdiction

Methods of Avoiding Double Taxation Bilateral Treaties




Cont…

– Double Taxation Avoidance/Relief Agreements Objectives of Tax Treaties

Interpretation of Tax Treaties

Residence/Fiscal Domicile

Permanent Establishment

Legal irritants Royalties

Tax havens

– Controversial Issues arising from Tax treaty Provisions Presumptive Income and Actual Income

Permanent Establishment – Attraction Rule

Salaries and Wages Judicial Interpretations

Problems relating to fluctuations in Foreign Exchange Rules

– Foreign Tax Credit Primary reasons for giving Foreign Tax Credit

Eligible Taxpayers and Four Tests to be fulfilled

Special Provisions in the case of Resident Aliens Foreign Tax Credit in India




Cont…

– Transfer Pricing Methods of Transfer Pricing

Anti-Avoidance provisions in the Tax Statutes – USA and India

– Advance Rulings Features

Procedure

Transactions designed to avoid Income Tax Important decisions by the Authority of Advance ruling (AAR)

– Taxation of Electronic Commerce Introduction

Problems in International Taxation

Taxation of Software in India

Taxation of Foreign Companies Expert Committee on Taxation of E-Commerce

– Assessment Appellate and Collection Procedures of Non-Residents Non-Resident – Definition

Special Provisions

Tax Dispute Resolution Process and Procedure

Rulings by AAR

–




Indian Constitution

Article 51 - Promotion of international peace and

security.

The State shall endeavour to—

(a) promote international peace and security;

(b) maintain just and honorable relations betweennations;

(c) foster respect for international law and treaty

obligations in the dealings of organized peop les

with one another; and(d) encourage settlement of international disputes by

arbitration.




Introduction

double taxation can be generally arises due to theimposition of comparable taxes in two (or more)States on the same -

– taxpayers – subject matter

– periods

– same authorities (in domestic law situation)

– taxes (taxable events)

effects on exchange of goods and services and movementsof capital, technology and persons




CONTRACTING STATE - BCONTRACTING STATE - A

UNDERLYING GOVERNANCE

Constitutional Regime -Public Interest and Public PolicyForeign policy regime

MODEL: Bilateral/Multilateral Agreement (Avoidance/relief)

International instruments (WTO, GATT, etc.,)

Specific and Applicable legislation(s)

LEGAL ENTITY – OPERATING

individual, govt, company, partnership, trust, co-op society,

jv, etc.,

(Main office, branch, liaison, franchise, etc.,)

Activities/Transactions: auxiliary, preparatory

Typical Scenario – International Commercial Law Transactions – tax perspective

CONTRACTING STATES - C, D, ETC.,

Export and Import legal criteria and obligations of Contracting State

Strict ly Confident ial intended only for Internal Purpos es





International Tax Principles

Treaty tie breaker

Force of attraction

(PE)

Non DiscriminationThin Capitalisation

Limitation of Benefits - LOB

Mutual Agreement Procedure -MAP

Exchange of Information - EOI

Specific/General

Anti Avoidance

Rules

GAAR/SAAR

Advance

Pricing

Agreements

- APA

- Controller foreign companies (CFCs)

- collective investment vehicles (CVCs)

- foreign tax credit

- double residency issuesStr ic t ly Confident ial intended only for Internal Purposes




Taxes Income Tax – Statutory provisions

– Non Resident – Foreign Company

– With holding Taxes (deducting taxes at source)

– Presumptive Income

Indirect Tax – Statutory provisions – Export of services from India

– Customs and central excise provisions

Quasi Judicial Authority (Direct and Indirect

Taxes)

– Authority for Advance Ruling




Section 90 Agreement with foreign countries or specified territories.

90. (1) The Central Government may enter into an agreement with the Government of any country outside India orspecified territory outside India, — (a ) for the granting of relief in respect of —

(i ) income on which have been paid both income-tax under this Act and income-tax in that country or specifiedterritory, as the case may be, or(ii ) income-tax chargeable under this Act and under the corresponding law in force in that country or specifiedterritory, as the case may be, to promote mutual economic relations, trade and investment, or

(b ) for the avoidance of double taxation of income under this Act and under the corresponding law in force inthat country or specified territory, as the case may be, or

(c ) for exchange of information for the prevention of evasion or avoidance of income-tax chargeable under this

Act or under the corresponding law in force in that country or specified territory, as the case may be, orinvestigation of cases of such evasion or avoidance, or(d ) for recovery of income-tax under this Act and under the corresponding law in force in that country or

specified territory, as the case may be,and may, by notification in the Official Gazette, make such provisions as may be necessary for implementing the

agreement.(2) Where the Central Government has entered into an agreement with the Government of any country outside India

or specified territory outside India, as the case may be, under sub-section (1) for granting relief of tax, or as thecase may be, avoidance of double taxation, then, in relation to the assessee to whom such agreement applies,the provisions of this Act shall apply to the extent they are more beneficial to that assessee.

(3) Any term used but not defined in this Act or in the agreement referred to in sub-section (1) shall, unless thecontext otherwise requires, and is not inconsistent with the provisions of this Act or the agreement, have thesame meaning as assigned to it in the notification issued by the Central Government in the Official Gazette in thisbehalf.

Explanation 1. —For the removal of doubts, it is hereby declared that the charge of tax in respect of a foreigncompany at a rate higher than the rate at which a domestic company is chargeable, shall not be regarded as lessfavourable charge or levy of tax in respect of such foreign company.

Explanation 2. —For the purposes of this section, ―specified territory‖ means any area outside India which may benotified as such by the Central Government.




Section 90A Adoption by Central Government of agreement between specified associations for double taxation relief.90A. (1) Any specified association in India may enter into an agreement with any specified association in the specified

territory outside India and the Central Government may, by notification in the Official Gazette, make suchprovisions as may be necessary for adopting and implementing such agreement — (a ) for the granting of relief in respect of — (i ) income on which have been paid both income-tax under this Act and income-tax in any specified territory

outside India; or(ii ) income-tax chargeable under this Act and under the corresponding law in force in that specified territory

outside India to promote mutual economic relations, trade and investment, or(b ) for the avoidance of double taxation of income under this Act and under the corresponding law in force in

that specified territory outside India, or(c ) for exchange of information for the prevention of evasion or avoidance of income-tax chargeable under this

Act or under the corresponding law in force in that specified territory outside India, or investigation of cases ofsuch evasion or avoidance, or

(d ) for recovery of income-tax under this Act and under the corresponding law in force in that specifiedterritory outside India.

(2) Where a specified association in India has entered into an agreement with a specified association of any specifiedterritory outside India under sub-section (1) and such agreement has been notified under that sub-section, forgranting relief of tax, or as the case may be, avoidance of double taxation, then, in relation to the assessee towhom such agreement applies, the provisions of this Act shall apply to the extent they are more beneficial to thatassessee.

(3) Any term used but not defined in this Act or in the agreement referred to in sub-section (1) shall, unless the

context otherwise requires, and is not inconsistent with the provisions of this Act or the agreement, have thesame meaning as assigned to it in the notification issued by the Central Government in the Official Gazette in thisbehalf.

Explanation 1. —For the removal of doubts, it is hereby declared that the charge of tax in respect of a companyincorporated in the specified territory outside India at a rate higher than the rate at which a domestic company ischargeable, shall not be regarded as less favourable charge or levy of tax in respect of such company.

Explanation 2. —For the purposes of this section, the expressions — (a ) ―specified association‖ means any institution, association or body, whether incorporated or not, functioning

under any law for the time being in force in India or the laws of the specified territory outside India and whichmay be notified1 as such by the Central Government for the purposes of this section;

(b ) ―specified territory‖ means any area outside India which may be notified as such by the CentralGovernment for the purposes of this section.




Section 9 of the Income-tax Act, 1961 - Income - Deemed toaccrue or arise in India - Withdrawal of Circulars No. 23 dated23rd July, 1969, No. 163 dated 29th May, 1975 and No. 786 dated7th February, 2000

1. The CBDT had issued Circular No. 23 (hereinafter called "the Circular") on 23rd July 1969 regardingtaxability of income accruing or arising through, or from, business connection in India to a non-resident, under section 9 of the Income-tax Act, 1961.

2. It is noticed that interpretation of the Circular by some of the taxpayers to claim relief is not inaccordance with the provisions of section 9 of the Income-tax Act, 1961 or the intention behind theissuance of the Circular.

3. Accordingly, the CBDT withdraws Circular No 23 dated 23rd July, 1969 with immediate effect.4. Even when the Circular was in force, the Income-tax Department has argued in appeals, references

and petitions that-

(i) the Circular does not actually apply to a particular case, or

(ii) that the Circular can not be interpreted to allow relief to the taxpayer which is notin accordance with the provisions of section 9 of the Income-tax Act or with the intention behind theissue of the Circular.

It is clarified that {he withdrawal of the Circular will in no way prejudice the aforesaid arguments whichthe Income-tax Department has taken, or may take, in any appeal, reference or petition.

5. The CBDT also withdraws Circulars No. 163 dated 29th May, 1975 and No. 786 dated 7th February, 2000which provided clarification in respect of certain provisions of Circular No 23 dated 23rd July, 1969.




Direct Tax Code

IFRS

Mandatory e-filing

Automation of ACES (Automation of Central Excise and Service Tax)

– Aces.org.in

Tax Return Preparer Scheme

Large Tax Payers (LTU) Unit Scheme

Income Tax Ombudsman Guidelines

National tax Tribunal Act, 2005

Limited Liability Partnership Act, 2008 FBT, BCCT, CTT

New Procedures introduced in – CE

– Customs

– Service Tax

Kelkar task Committee (I and II)

Finance Commission

Empowered Committee of State Financial Ministers for VAT

Amendment to CST Act, (19AA) and Wealth Amendment Act (2010/2011)

Body of Law and Case law development in Service Tax and VAT (VAT Cases)




Service Tax Service Provider and Service Recipient; Indirect Tax and broadly can be

classified into two categories;

– Property Based Architects, interior designers, real estate agents, construction services, mandap walas,

etc.,

– Performance Based

Stock-brokers, practicing chartered accountants, practicing cost accountants, securityagencies, tour operators, event managers, travel agents , etc.,

Service tax is an economic concept based on the principle ofequivalence in a sense that consumption of goods and consumption ofservices are similar as they both satisfy human needs. – Service sector accounted for 48.5% of the Gross Domestic Product in the FY 2000-2001.

Value added tax and borne by the consumer

destination based consumption tax

Exempted

– UN, RBI, SEZ Unit/Developer, etc.,

– Limit for threshold for Small Service Providers is provided

All India Federation of Tax Practitioners v Union of India (2007) 293 ITR SC406 (SC)

Association of Leasing & Financial Service Companies v Union of India (2010)235 CTR 521 (SC)

y y p

Service Tax - Body of Law, a summaryStr ic t ly Confident ial intended only for Internal Purposes



y , y ACTS

The Finance Act, 1994 – Chapter V – Sections 64 to 98I.

– This Chapter extends to the whole of India except the State of Jammu and Kashmir

The Finance Act, 2004

– Chapter VI – for levy of Education Cess @ 2% on the Service Tax

The Finance Act, 2007 – for levy of Secondary and Higher Education Cess of 1% on Service Tax.

Respective Finance Acts enacted every year as part of the Budget bringing changes in Finance Act, 1994

Constitution (Eighty Eighth) Amendment Act, 2003 (inserted Article 268A, entry 92C –Union List in 7th Schedule )

RULES

The Service Tax Rules, 1994

The Service Tax (Advance Rulings) Rules, 2003

The Cenvat Credit Rules, 2004

The Export of Service Rules, 2005

The Service Tax (Registration of Special Categories of Persons) Rules, 2005

The Service Tax (Determination of Value) Rules, 2006

The Work Contract (Composition Scheme for Payment of Service Tax) Rules, 2007

The Service Tax (Publication of Names), Rules, 2008

The Taxation of Services (Provided from outside India and Received in India Rules, 2008

ORDER Service Tax (Removal of Difficulty) Order, 2010

REGULATIONS

Authority for Advance Rulings (Customs, Central Excise and Service Tax) Procedure Regulations, 2005

SCHEMES

Service Tax Returns Preparers Scheme , 2008)

Service Tax Dispute Resolution Scheme , 2008

Applicability of Central Excise Act and Various Notifications, Circulars, Trade Notices, etc., from time to time issued by theDepartment



Additional reading

First Discussion Paper on Goods and Services Tax in IndiaThe Empowered Committee of the State Finance Ministers ,10 November 2009

R Kavita Rao, Goods and Services Tax: The 13 th FinanceCommission and the Way Forward , Nov 27th 2010 , Economicand Political Weekly at p.71.


Documents

NLSIU MBLAll Module Summary Syllabus