In a recent decision Shields & Sons Partnership - C-262/16 the European Court of Justice (‘ECJ') has adverted to the nuances of composition scheme in the context of Value Added Tax models. This decision examines the rationale for introduction of such scheme, which is the administrative...

The European Court of Justice (‘ECJ’) recently examined the statutory provisions in the context of European Value Added Tax (‘VAT’) regulations to opine upon the extent of restrictions that can be imposed upon entities which are under liquidation. This decision addresses a situation...

The Constitution (One Hundred and First Amendment) Act, 2016 [‘Constitution Amendment Act'], paving the way for the transformation of the indirect-tax regime in the India, came into force in September, 2016. The enabling legislations were passed by the Union Parliament and State Legislatures...

The Constitution (One-Hundred and Twenty-Second Amendment) Bill, 2014 currently pending consideration of the Parliament seeks to usher a new indirect tax regime in India purported as the ‘Goods and Service Tax' The avowed intent of this Amendment Bill, in terms of its “Statement of Objects...

Comparatively a recent entrant in the fiscal space, 'Service Tax' in India has garnered legislative and judicial attention more than its fair share. Given its contribution to the public exchequer and fueled by the consistent increase in collection, the legal and constitutional challenges to the...

Valuation has always been a key issue in any fiscal regime. Issues relating to valuation are often a sore point between the tax authorities and the subject taxpayer inasmuch as multiple methods and techniques of valuation exists to determine the assessable value which forms the basis for...

The Indian Goods and Services Tax (GST) regime recently replaced the earlier laws providing for tax on supplies of goods and services. Under the new regime, transfer pricing rules have been introduced, which were virtually non-existent earlier. The GST regime insists on arm's length pricing in...

While the power of the legislature to levy tax on a particular subject-matter is paramount, subject only to the constitutional limitations, there are a few subjects which by their intrinsic nature have eluded their eligibility to tax. Lotteries organised by the various States of India, have...

In an earlier article titled as ‘Service Tax on Lawyers: A levy short lived?' [Excise and Customs Reporter Vol. 191(4), pp. 55SF-60SF] I had an occasion to point out that the levy of service tax on individual lawyers was an experiment out of the various experiments conducted by the Government...