Download or read book Taxmann s Practical Guide to Income Tax Practice Unique publication analysing the law and specimens of petitions for tax practitioners to help them in the drafting of documents CTC written by The Chamber of Tax Consultants and published by Taxmann Publications Private Limited. This book was released on 2022-08-08 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a unique publication that deals with the law and specimens of petitions commonly used by tax practitioners in their day-to-day practice. This book attempts to blend the theory and practical aspects of drafting documents. It attempts to explain the nuances of drafting documents and educates the reader on how these are used in real life. The specimens of pleadings are accompanied by a summary of corresponding legal provisions, giving a professional the 'how' and the 'why' of a legal proceeding. A unique feature of this book is the do's & don'ts while preparing petitions. This book will be helpful for tax practitioners, advocates & taxpayers to help them bring clarity in their pleadings and understand the procedural & practical aspects of Tax Laws. The Present Publication is the 3rd Edition, edited by Dr. K. Shivaram, Mr. Rajendra & CA Anish Thacker. The book is divided into 29 chapters, authored by 28 eminent authors, who are senior professionals & retired members of ITAT. The detailed contents of the book are as follows: • Grounds of appeal under Income Tax Law before CIT(A), DRP, and ITAT, including cross objections (Revised Form 36 and Form 35) - Vasanthi Patel & Rupal Shah Vora, Advocates • Application for raising additional grounds of appeal before Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate • Application for admission of additional evidence before the Appellate Tribunal and Commissioner (Appeals)/National Faceless Appeal Centre (NFAC) - Shashi Bekal, Advocate • Application under Rule 27 of the Income-tax Appellate Tribunal Rules, 1963 - Shashi Bekal, Advocate • Application for condonation of delay before Income Tax Appellate Tribunal & Commissioner (Appeals)/National Faceless Appeal Centre - Shashi Bekal, Advocate • Rectification applications under sections 154 and 254(2) of the Income-tax Act, 1961 - Paras S. Savla & Pratik B. Poddar, Advocates • Stay Application/Petition before Assessing Officer and before Principal Commissioner of Income tax - Niyati Mankad, Advocate • Stay application before Appellate Tribunal - Subhash S. Shetty, Advocate • Appeals/Cross objections before the High Court – Section 260A of the Income-tax Act, 1961 - Jeet Kamdar, Advocate • Writ Petitions before the High Court - Sukhsagar Syal, Advocate • Writ Petition before Supreme Court – Article 32 of the Constitution of India, 1950 - Bharat L Gandhi, Advocate • Special Leave Petition before the Supreme Court - Bharat L Gandhi, Advocate • Revision Application u/s 264 of the Income-tax Act, 1961 - Harsh M. Kapadia, Advocate • Applications before Central Board of Direct Taxes – Section 119 of the Income-tax Act, 1961 - Deepak Tralshawala, Advocate • Dispute Resolution Committee in certain cases – Chapter XIX-AA – Section 245MA of the Income-tax Act, 1961 - Mandar Vaidya, Advocate • Certificate for deduction of tax at a lower rate - CA Srinath Kumar • Applications during search and survey proceedings - CA Shri Reepal Tralshawala • Indemnity bonds - CA Viraj Mehta • Power to reduce or waive penalty, etc., in certain cases – Section 273A of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Reduction/waiver of interest under section 220 of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Immunity from the imposition of penalty, etc. – Section 270AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Powers of waiver of interest under sections 234A, 234B and 234C of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Power of Principal Commissioner or Commissioner to grant immunity from penalty – Section 273AA of the Income-tax Act, 1961 - Mr. Devendra Jain, Advocate & CA Ashwini Bhide • Practice and Procedure – Prosecutions under the Income-tax Act, 1961 - Dr. Sujay N. Kantawala, Advocate • Application for compounding of offences under Income-tax Act, 1961 - Rahul Hakani, Advocate • Gift Deed - General law & Income-tax Act, 1961 - Ajay R Singh, Advocate High Court • Affidavits – General law & Income-tax Act, 1961 - D. Manmohan, Advocate, Vice President (Retd.), (ITAT), B. Ramakotaiah, Accountant Member (Retd.), (ITAT), Sashank Dundu, Advocate • Trusts, Settlements and Alternative Investment Funds - Radhika Parikh & Nandini Pathak, Advocates • Partition of Hindu Undivided Family (HUF) - N.A. Kapasi, Advocate and Pradip N. Kapasi, Chartered Accountant

Download or read book Taxmann s Master Guide to Income Tax Act Uniquely authoritative resource providing unmatched timely and in depth analysis of the amendments to the Income tax Act by the Finance No 2 Act 2024 written by Taxmann and published by Taxmann Publications Private Limited. This book was released on 2024-08-19 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master Guide to Income Tax Act is an authoritative and comprehensive resource that is a benchmark in its field. This publication provides an in-depth analysis of the amendments to the Income-tax Act by the Finance (No. 2) Act, 2024, showcasing Taxmann's unparalleled expertise and commitment to precision. What sets this book apart is its unique market position—virtually unmatched due to the timely, detailed analysis only Taxmann can provide. The book is divided into four key sections, which are as follows: • Section-wise Commentary on the Finance (No. 2) Act, 2024 – A detailed analysis of the latest amendments and their practical implications • Income Tax Practice Manual – Serves as a practical guide for tax practitioners, offering step-by-step guidance on TDS, TCS, return filing, and assessment procedures • Gist of Circulars and Notifications – Organised section-wise, this feature allows practitioners to locate up-to-date circulars and notifications easily • Digest of Landmark Rulings – A section-wise summary of vital judicial decisions that have shaped the interpretation of the Income-tax Act, offering a concise understanding of critical rulings This book is essential for tax professionals, legal practitioners, chartered accountants, financial consultants, academicians, and students. It is helpful for anyone involved in tax planning, compliance, litigation, or academic study, providing a thorough understanding of the Income-tax Act. The Present Publication is the 34th Edition, authored by Taxmann's Editorial Board, and provides comprehensive, division-wise coverage with the following key features: • Division One | Section-wise Commentary on the Finance (No. 2) Act, 2024 o This division is the book's cornerstone, featuring over 300 pages of detailed amendment analysis. It covers: § Capital Gains – In-depth analysis of changes in the holding period for capital assets, indexation benefits, and tax rates for long-term and short-term capital gains. It also covers amendments to the taxation of unlisted bonds, debentures, and gifts § Taxation of Buyback of Shares – Detailed examination of amendments affecting the buyback of shares and TDS on deemed dividends arising from the buyback § Taxation of Charitable and Religious Trusts – Comprehensive analysis of shifts from approval-based to registration-based exemptions and powers given to tax authorities to condone delays in filing an application for registration § Income and Tax Computation – Analysis of amendments affecting standard deductions, changes in the new tax regime, and impacts on salary income § Business Income – Analysis of changes affecting the profits and gains from business or profession, including presumptive taxation schemes for cruise ships and amendments affecting Arm's Length Price determinations § Deductions and Exemptions – Analysis of changes in deductions under Section 80CCD for contributions to pension schemes, expanded definitions of specified funds, and exemptions for entities in IFSC § Returns & Assessment – Detailed discussion of amendments to reassessment procedures and block assessments § TDS/TCS – Overview of changes in provisions relating to TDS/TCS, including rationalisation of rates and new provision for claiming TCS credit under Section 192 § Penalties and Prosecution – Explanation of new penalties for non-compliance, changes in limitation periods for imposing penalties, and decriminalisation of some offences § Miscellaneous – Coverage of miscellaneous amendments, including the abolition of the 'Angel Tax' and changes to Aadhaar requirements for tax filing o The key features are as follows: § [Comprehensive Commentary] The section-wise commentary includes a detailed examination of every change made by the Finance (No. 2) Act, 2024, focusing on the following: ■ Pre-amendment Position ■ Impact of Amendments ■ Date of Applicability § [Supporting Materials] The analysis is enriched with supporting case laws, circulars, notifications, etc., providing a robust foundation for understanding the amendments § [Illustrative Approach] Illustrations and case studies are used to explain complex amendments, making it easier for readers to grasp the implications § [Gaps and Opinions] The authors not only explain the amendments but also identify potential gaps and provide reasoned opinions on possible outcomes § [Structured Overview] Each chapter begins with a concise summary of the amendments or new sections, supported by cross-referenced discussions for easy navigation. • Division Two | Income Tax Practice Manual o This division is a practical guide, providing step-by-step guidance on compliance and procedural requirements. It covers the essential aspects of tax practice, including: § Deduction and Collection of Tax at Source – Comprehensive guide on TDS/TCS provisions, procedural aspects, and practical insights for compliance § Return of Income – Comprehensive analysis of all provisions relating to filing returns by various taxpayer categories § Assessment/Reassessment – Detailed procedures and timelines for assessments and reassessments, ensuring accurate and timely compliance • Division Three | Gist of Circulars, Clarifications & Notifications o From 1961 to June 2024, this division provides a concise summary of all relevant circulars, clarifications, and notifications. It is organised both section-wise and date-wise, ensuring quick and easy access to the necessary information • Division Four | Digest of Landmark Rulings o This division compiles landmark rulings from 1922 to June 2024, organised section-wise and date-wise. It provides insights into judicial interpretations that have significantly influenced the application of the Income-tax Act

Download or read book Taxmann s Master Guide to Income Tax Rules Uniquely authoritative resource providing unmatched timely and in depth rule wise commentary setting a benchmark in clarity precision and speed written by Taxmann and published by Taxmann Publications Private Limited. This book was released on 2024-08-19 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master Guide to Income Tax Rules is a comprehensive publication that stands out for its in-depth structured coverage and accuracy. This unique publication provides detailed Rule-wise commentary on the Income-tax Rules of 1962, setting a high standard for clarity and thoroughness that Taxmann is known for. Each operative rule is carefully examined to provide a complete understanding of its statutory background and legislative intent, along with relevant case laws that shed light on how the rules are applied. Explanatory discussions and practical examples make even the most complicated rules easier to understand. This book is tailored for tax professionals, accountants, legal practitioners, and students, providing the expertise needed to understand the complexities of the Income-tax Rules. It helps prepare audits, advise on compliance, plan tax strategies, etc. The Present Publication is the 31st Edition and incorporates all amendments till the Income-tax (Sixth Amendment) Rules, 2024. This book is authored by Taxmann's Editorial Board with the following noteworthy features: • [Para-wise Detailed Analysis] This book thoroughly examines every operative rule of the Income-tax Rules, 1962, with the underlying provisions of the Income-tax Act and the required compliances. • [Statutory Background] Each rule is placed in context with its statutory provision, helping readers understand the intent and practical application of the law • [Case Laws] Relevant judicial precedents of the Supreme Court, High Courts and Tribunals are included to aid in the interpretation and real-world application of the rules • [Simplified Language] The rules are explained in clear, lucid and straightforward language, making the provisions accessible and easy to understand • [Illustrations] Practical examples are provided to help clarify the more complex aspects of the rules, making them easier to understand • [Gist of Circulars and Notifications] Summaries of all relevant and current circulars and notifications are linked to each rule, giving a complete picture of the law The structure of this book is as follows: • Detailed Rule-wise Analysis o Each rule of the Income-tax Rules, 1962, is dissected to clarify its applications and implications. This section is structured to provide: § Rule Number and Title – Listed for quick reference § Statutory Background – Discussion on the legislative history and intent behind each rule, explaining why and how it was enacted § Detailed Commentary – Delivered in a para-wise format, this book provides a thorough analysis of the rule's provisions and their operational implications § Case Law Integration – Features pivotal judicial precedents from the Supreme Court, High Courts, and Tribunals, demonstrating the interpretation and application of rules in judicial contexts § Illustrations and Examples – Practical scenarios and examples elucidate complex regulations, illustrating their application in real-world situations § Compliance Guidelines – Specified the compliance requirements for each rule, guiding practitioners in accurate and timely adherence to regulations § Gist of Circulars and Notifications – Summarises pertinent and up-to-date circulars and notifications related to each rule, ensuring practitioners have access to the latest regulatory changes § Cross-referencing – Enhances usability with strategic cross-referencing to para numbers or annexures, simplifying navigation • Supplementary Materials o Annexures and Important Circulars/Notifications – Contains the full texts of the important circulars, notifications, office memorandum, and relevant statutory provisions of allied acts/rules, linked appropriately to corresponding rules o Comprehensive List of Circulars/Notifications – This exhaustive list includes all referenced circulars, notifications, and other documents, organised chronologically and indexed by para number or annexure for streamlined access

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

Download or read book Taxmann s Permanent Establishment Emerging Trends Complete Guide for Resolution of Complexities Involved in the Concept of Permanent Establishment October 2020 Edition written by The Chamber of Tax Consultants and published by Taxmann Publications Private Limited. This book was released on 2020-11-17 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of Permanent Establishment has emerged as intriguing and complex subject. This book serves as a complete guide for resolution of complexities involved in the concept of permanent establishment. The structure of the book is as follows: • This book opens up with ‘adaptation of Indian domestic tax laws’ to the ‘global trend’ • The advent of ‘Significant Economic Presence’ and its ramification on the changing concept on business connection has been deliberated in this book • Evolution of permanent establishment (‘PE’) in the e-world • Insights into Multilateral Conventions (‘MLI’) & OECDs position on the changing garb of PE • The book closes with the impact of changing philosophy of PE in the international tax space & in the domestic tax legislature. The contents of the book are as follows: • Introduction • Territorial nexus becomes aerial • Adaptation of Indian Domestic Laws • PE in digital economy • PE under Data Localisation Regime • Server as PE • Modification in Agency PE definition • Modification in Independent agent definition • Preparatory or auxiliary activities • Construction PE – Journey, Abuse and Remedy • Conclusion • Annexures 𝚘 Relevant Provisions of the Act 𝚘 OECD Model Convention (Relevant extract) 𝚘 PE Articles under various treaties 𝚘 Relevant Articles of Multilateral Conventions 𝚘 MLI Impact on PE Article of treaties extracted in Part III

Download or read book Taxmann s International Taxation A Compendium 5 200 Pages 200 Experts 137 Articles 4 Volumes 4th Edition written by The Chamber of Tax Consultants and published by Taxmann Publications Private Limited. This book was released on 2021-02-10 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: CTC’s International Tax Compendium is a collection of incisive & in-depth articles on international taxation, which serves as a reference manual and indeed, a practice guide for its readers. The current edition of the compendium is more current, more incisive, covers a broader range of topics, and like its previous three editions, promises to be another very useful tool for the following: • Tax Professionals both in India and Overseas • Judiciary and Tax administrators ought to find this a useful reference point both for technical analysis as well as for understanding the right perspective in which to view some of the international tax developments of the recent past. This compendium will equip its readers with better knowledge and practical examples to be able to serve their clients better. The current edition of the compendium is a comprehensive four volumes set, containing approximately 5,200+ pages covering all major topics on the subject of International Taxation, such as: • Amendments made in the Income-tax Act, 1961 • Changes introduced in the OECD Model Tax Convention, 2017 • Updates introduced in the OECD Model Commentary in 2017 • Updates introduced in UN Model Tax Convention in 2017 • Global Focus on combating Tax Evasion • Initiation of various Anti Avoidance Measure and tightening of Anti Money Laundering Laws • Implementation of Multilateral Instruments pursuant to the publication of the BEPS Action Plan Reports in October, 2015. The Present Publications is the 4th Edition, covering 137 Articles authored by 200+ Experts. This Compendium is a balanced collection of articles by recognised experts in the field, by young as well as eminent professionals and also by experienced and knowledgeable Commissioners of Income-tax & Senior Ex- Revenue Officials. This book is divided into four volumes, and their contents (volume-wise) are listed below: • Volume 1 & 2 contains articles explaining the following: 𝚘 Theme/basic concepts of Double Tax Avoidance Agreements 𝚘 Various Articles of Model Tax Convention 𝚘 Specific provisions of the Domestic Law dealing with the Taxation of Non-Residents and Cross-Border Transactions • Volume 3 contains industry specific articles such as: 𝚘 Taxation of Telecom Sector 𝚘 Broadcasting & Telecasting industries 𝚘 Electronic Commerce 𝚘 Foreign Banks, Offshore Funds, FII’s etc. • Volume 4 contains articles on the following: 𝚘 FEMA and other Domestic Laws such as Prevention of Money Laundering Act, Foreign Contribution Regulation Act, Black Money Act, Benami Law 𝚘 Various Anti-Avoidance Measures & other specialised articles

Download or read book Transfer Pricing in India written by O. P. Yadav and published by . This book was released on 2019 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Direct Taxes Ready Reckoner written by Dr. V. K. Singhania and published by . This book was released on 2009-07-01 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book International Taxation written by Nigam Nuggehalli and published by Springer. This book was released on 2019-11-26 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers all major topics in international tax law, ranging from permanent establishments and capital gains to the taxation of royalties and technical services, transfer pricing, and General Anti-Avoidance Legislation. It also highlights the Indian “story” of status vs. contract by examining four areas of controversy: permanent establishments, FTS (Fees for Technical Services) & Royalty, capital gains, and transfer pricing. The book approaches the subject of international taxation from two opposing yet related perspectives. One is the tax planning perspective, which involves contracts entered into by individuals and companies; the other is that of state regulation through increasingly complex legislation. The area of permanent establishments demonstrates the dominance of contracts over status, at least with respect to Indian tax law. However, some recent judicial decisions in this area demonstrate the susceptibility of contracts to status-related arguments. The areas of FTS & Royalty as well as those of capital gains and transfer pricing demonstrate the Indian government’s attempts to establish, through legislation, the dominance of status over contracts. Whereas traditional textbooks on international tax law focus on the legal technicalities of tax legislation, this book provides tax scholars and lawyers with an understanding of tax planning and tax legislation side by side in each chapter, specifying the respective kind of actual or anticipated tax planning activity that in turn prompted a legislative response. As such, it offers readers a contextual and practical introduction to the complexities of international tax law, as well as an in-depth analysis of the latest debates and controversies in this area.

Download or read book Guide to Companies Act written by A. Ramaiya and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Ramaiya Guide to the Companies Act written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Company Law Procedures written by Bloomsbury Publishing and published by Bloomsbury Publishing. This book was released on 2021-11-20 with total page 1184 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Corporate Professional is required to equip himself with regard to corporate compliances on day- to-day basis. There are number of compliances which are required to be complied with depending on the event , whether it is incorporation / conversion / change , etc., not only from Company Law point of view but also from SEBI Regulations point of view (in case of a listed company). To assist the professional in this endeavour, this book is yet another attempt to provide all related procedures at one place along with the resolutions to make it handy and easy to use. The Book has been divided into two parts. Division-I contains Company Law Procedures of more than 115 events. Each procedure has been divided into following heads: - Applicable Section of the Companies Act, 2013 - Applicable Company Rule - Applicable Regulation in case of listed company - SEBI (Listing Obligations and Disclosure Requirements ) Regulations, 2015 - Synopsis (giving background of the section of the Companies Act, 2013) - Procedure (step by step, including various Government approvals and filing of Forms, etc.) - Compliance by a listed company in accordance with SEBI (LODR ) Regulations, 2015 - Draft Board resolutions - Draft General Meeting resolutions (Special/Ordinary resolution) Division-II contains updated Company Rules as issued by the Ministry of Corporate Affairs from time to time and which are referred under various procedures of the Book.

Download or read book Governing Kenya written by Gedion Onyango and published by Springer Nature. This book was released on 2021-04-15 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is authored by some of the renowned scholars in Africa who take on the task to understand how Kenya is governed in this century from a public policy perspective. The book’s public policy approach addresses three general and pertinent questions: (1) how are policies made in a political context where change is called for, but institutional legacies tend to stand in the way? (2) how are power and authority shared among institutional actors in government and society? and, (3) how effective is policymaking at a time when policy problems are becoming increasingly complex and involving multiple stakeholders in Africa? This book provides an updated and relevant foundation for teaching policy, politics and administration in Kenya. It is also a useful guide for politicians, the civil society, and businesses with an interest in how Kenya is governed. Furthermore, it addresses issues of comparability: how does the Kenyan case fit into a wider African context of policymaking? ‘This volume is a major contribution to comparative policy analysis by focusing on the policy processes in Kenya, a country undergoing modernization of its economic and political institutions. Written by experts with a keen eye for the commonalities and differences the country shares with other nations, it covers a range of topics like the role of experts and politicians in policymaking, the nature of public accountability, the impact of social media on policy actors, and the challenges of teaching policy studies in the country. As a first comprehensive study of an African nation, Governing Kenya will remain a key text for years to come’. —Michael Howlett, Burnaby Mountain Chair of Political Science, Simon Fraser University, Canada ‘A superb example of development scholarship which sets aside ‘best practice’ nostrums and focuses on governance challenges specific to time and place while holding on to a comparative perspective. Useful to scholars and practitioners not only in Kenya but across developing areas. I strongly recommend it!’ —Brian Levy teaches at the School of Advanced International Studies, Johns Hopkins University, USA, and the University of Cape Town, South Africa. ‘This book is an exploration of important deliberations - of interest for those of us interested in deepening the understanding of public policy theories and their application within a specific African setting’. —Wilson Muna, Lecturer of Public Policy, Kenyatta University, Nairobi, Kenya ‘This collection of think pieces on public policy in Kenya gives the reader theoretical and practical hooks critical to the analysis of the implementation of the sovereign policy document in Kenya, the 2010 Constitution’. —Willy Mutunga, Chief Justice & President of the Supreme Court, Republic of Kenya, 2011-2016 ‘Governing Kenya provides a comprehensive analysis of public policymaking in Kenya. The book integrates public policy theory with extensive empirical examples to provide a valuable portrait of the political and economic influences on policy choices in this important African country. The editors have brought together a group of significant scholars to produce an invaluable contribution to the literature on public policy in Africa’. —B. Guy Peters, Maurice Folk Professor of American Government, University of Pittsburgh, USA

Download or read book International Corruption written by Paul Cohen and published by . This book was released on 2010 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looks at anti-corruption laws & treaties in a number of key jurisdictions worldwide.

Download or read book Students Guide To Income Tax including Service Tax Vat written by Dr. V. K. Singhania/dr. Monica Singhania and published by . This book was released on 2009-01-01 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic concepts that one must know Residential status and its effect on tax incidence Income that is exempt from tax Income under the head "Salaries" and its computation Income under the head "Income from house property" and its computation Income under the head "Profits and gains of business or profession" and its computation. Income under the head "Capital gains" and its computation Income under the head "Income from other sources" and its computation Clubbing of Income Set off and carry forward of losses Permissible deductions from gross total income and tax liability Meaning of agricultural income and its tax treatment Individuals - Computation of taxable income Hindu undivided families - Computation of taxable income Firms and associations of persons - Computation of taxable income Return of income Advance payment of tax Deduction and collection of tax at source Interest payable by asssessee/Government Service Tax Value Added Tax (VAT)

Download or read book Simplified Approach To Income Tax written by Ahuja Girish and published by . This book was released on 1999 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book British tax encyclopedia written by and published by . This book was released on 1962 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: