- Shatakshi Sharma, CNLU Patna Introduction In this era of Globalization, international boundaries are fast disappearing and distances between the various trade centres worldwide are rapidly shrinking. Gone are the days when the competition between sellers and buyers of commodities was confined … [Read more...]
Taxation of Companies
- Abhishek Kumar, CNLU INTRODUCTION Corporate Tax relates to the taxation of companies in India. For the purpose of taxation laws, a Company means: An Indian company, or a corporate body incorporated inside or outside India Any institution, association or body whether incorporated or not, … [Read more...]
Agricultural Income
-Nidhi Kumari, CNLU INTRODUCTION Sec 2(7) of Income Tax Act defined “assessee” as means a person by whom any tax or any other sum of money is payable under this Act, and includes—(a) every person in respect of whom any proceeding under this Act has been taken for the assessment of his income or … [Read more...]
The Need for GAAR
By Saachi Kanjani & Isha Maniar "Editor's Note: There has been extensive debate about the implementation of General Anti-Avoidance Rules (GAAR) across different jurisdictions. The need for GAAR is felt because it is believed that such provisions will improve the integrity of the taxation system … [Read more...]
Impact of Finance Act, 2014 – CSR
Sanchit Srivastava, Dr. Ram Manohar Lohiya National Law University Editor’s note: Corporate social responsibility rests on the theory that since a company utilizes the resources offered by nature and society for its benefit it should act as a trustee towards ensuring the welfare of nature and … [Read more...]
Tax Treaty Overrides- A Global Perspective
By Priya Desai, SVKM’s Pravin Gandhi College of Law, Mumbai and Devanshi Sethi, Rizvi Law College, Mumbai "Editor's Note: A tax treaty is an agreement entered into between two countries whereby they decide to avoid double taxation of goods and services, in order to facilitate smooth international … [Read more...]
Case Commentary – Coffee Board v. Commissioner of Commercial Tax
Udita Saraf, National Law University Orissa Editor’s note: This case deals with the extent and scope the expression ‘sale’. The question of law is whether mandatory sale to the board warrants taxes or is under the course of import and thus exempt from all taxes under A.286 of the Constitution. … [Read more...]
Analysis of the Amendments to Section 104 of The Customs Act, 1962
K. Prasanna, RMLNLU “Editor’s Note: Analysis of the amendment to Section 104 of the Customs Act, 1962 in light of the case of Om Prakash v. UOI” ABSTRACT A burning issue that has been making headlines in the legal world in recent times is the validity of the amendment that has been made to S. 104 … [Read more...]
Resident Rule in India
By Shivani Gupta, HNLU Raipur Editor's Note: This paper attempts to explain one of the most important concepts in tax law in India - the resident rule. The first question that comes up is - What is this rule? Suffice to know that merely changing the residential status of a taxpayer may … [Read more...]