Articles – Page 4

REFUND UNDER RULE 5 OF CCR 2004 as a MANUFACTURER

Manufacturing is a process which includes conversion of a product into another by processing and assembling. Any person who conducts any such activities is a manufacturer and hence would be liable to pay duty. There various different types of refunds like that in case of exports of services,

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Pecuniary Loss vs. Interest – under Central Excise and Service Tax provisions

The article will be dealing with the rate at which interest rate is applicable under central excise and service tax regime in case of default.Further the principle of pecuniary loss would be discussed as to the current stance of judiciary on the said principle and how the principle has become an evident need in Read More

Indirect Taxation Perspective of Budget 2016

This article seeks to examine the budget and its indirect tax provision and expectations. The most important aspect of the budget is the introduction of the GST bill, its objectives and all that it entails for the taxpayers of the country. The paper also looks at the objective of the government in the passing of Read More

‘Tolerate’ an Act- Applicability of ST in an Employment Agreement

This article seeks to examine the meaning of the word ‘tolerate’ in s. 66E of the Finance Act, 1994 and what it entails. It seeks to understand the purpose of the provision and the areas of its applicability; it seeks to understand the implication it has to an employee who wishes to terminate his Read More

Photographic Service- Legislature vs Judiciary

“Photography” includes still photography, motion picture photography, laser photography, aerial photography and fluorescent photography.[1] Photography Service as defined in Section 65(105)(zb) of the Finance Act, 1994 means any service provided to a customer, by a photography studio

TRANSFER PRICING: A DETAILED STUDY ON DETERMINATION OF ARM’S LENGTH PRICE (ALP) BY MOST APPROPRIATE METHOD (MAM)

India, a global market is emerging everyday with its ever- increasing economic activities and participation of many multi-national groups. Whenever there is an international transaction taking place between two associated enterprises, a market price is set up, known as transfer pricing. When two unrelated enterprises trade with each other, they do so at a market Read More

Taxability of e-commerce under Service Tax and VAT

Download Transactions done through internet as medium are known as e-commerce. This medium of transmission has made possible international transmission of services that was not possible earlier by the existing modes of transmission, that is, television, fax and phone.

Take Away or Home Delivery of Foods- Decoding the Service Tax Applicability

Food delivery gained prominence in the period of World War II when the Women’s Volunteer Service in the United Kingdom delivered food to homes that had been bombed and ravaged in such a manner.

Indian Transfer Pricing Regulations (TPR) On Advertising, Marketing & Sales Promotion (AMP) Expenses

A disregard of modern capitalism & competitive economics PART I: Introduction To the Concept of Transfer Pricing in relation to AMP The issue of Arm’s Length Pricing (ALP) was first discussed in 1936 in Art. 6 of the League of Nations Draft Convention on the Allocation of Profits and Property of International Enterprises. Later, Art

Intra-Firm Trade In Service Sector

The essay is quadripartite and it seeks to present a comprehensive discourse on the issue of transfer pricing in intra-firm trade, which has gained currency in today’s global age.
The narrative in the initial section provides an in-depth analysis of the concept of Transfer Pricing against the backdrop of global economics. Firstly, the key terms associated with trans-border intra-firm trade are discussed. This is tied up with a delineation of the relevant OECD guidelines. Thirdly, the information sources for discovering the intra-firm trading activities are briefly dealt with, before ending this section with a short note on the motivations for transfer pricing.

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