Taxability of supply is dependent upon the attributes of the transaction. Often the transaction is an amalgam of multiple considerations flowing between the parties. In such cases a question arises whether the transaction constitutes a single supply or multiple supplies form part of such...

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...

Taking cue from the OECD's Base Erosion and Profit Shifting project, the Finance Act, 2016 made a significant change in the scheme of direct taxes with the introduction of ‘Equalisation Levy'. As the Finance Minister explained, the measure was “to tap tax on income accruing to foreign...

Generally 'privity' is a concept in contractual law. However a recent decision of the European Court of Justice (ECJ) has employed the concept of ‘privity' of contract to opine upon the classification of the supply which makes it both interesting and rare. In this case [L.Č.' IK v....

In a recent decision the European Court of Justice (‘ECJ') has examined the claim of a taxpayer alleging discriminatory and unfair classification by the tax authorities even though similarly placed goods were classified differently with a resultant lower tax-incidence.In this decision the ECJ...

Traditionally indirect taxes are linked with transactions in goods or services and understood as those taxes the incidence of which can be passed on to the buyer by the person required to defray the tax to the exchequer. Excise duties, customs duties, sales taxes, etc. are illustration of such...

The 'Goods and Services Tax' (GST) regime has replaced the earlier indirect tax regimes in India, the chief amongst those is the Service Tax law which was in vogue in 1994. In this service tax regime a number of contentions were raised challenging taxability inter alia on the premise that the...

A recent decision of the European Court of Justice (‘ECJ') sheds considerable light over entitlement of a taxpayer to claim input tax credit. In the case of Întreprinderea Individuală Dobre M. Marius (C-159/17, decision dated 07.03.2) [ECLI: EU:C:2:161] the ECJ has dealt with the finer...

Obtaining tax-refund is generally considered a dreaded scenario. Claiming interest on delayed refund is all the more odious. A survey of judicial opinion reveals that across jurisdictions the tax-authorities contest interest on delayed defrayment of refund. The rationale for the contest seem...