In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Commissioners for Her Majesty's Revenue and Customs v. Brockenhurst College (C-699/15) has addressed an important issue relating to scope of exempt services and extending such exemption to “closely...

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...

In a recent decision the European Court of Justice (‘ECJ') had a chance to examine characterization of a hire-purchase transaction as being one of the supply of ‘goods' or ‘services'. In this decision the ECJ has adverted to the innate nature of the hire-purchase transactions and the...

In a recent decision the European Court of Justice (‘ECJ') has ruled upon the scope and contours of Article 3(2) usually employed in Double Taxation Avoidance Agreements (‘DTAA') / Double Taxation Conventions (‘DTC') to apply the domestic law meaning for interpreting expressions not...

Double Taxation Avoidance Agreements (DTAA) are entered into between countries ‘for avoidance of double taxation’ and to relieve the tax-payer of being doubly taxed in respect of the same income in the two countries. The DTAA distributes the taxation rights between the countries so as to...

As the name suggests, “Consignment Taxes” imply taxes on consignment. In India these are also colloquially understood as taxes on ‘stock-transfer' of goods which is how most consignment of goods are effected in the country. These essentially relate to movement of goods from one territory...

Credit, once legally taken, therefore becomes an indefeasible right of the tax-payer barring a statutory exception. The entitlement of credit is therefore often disputed. These disputes are principally on two counts; first from a legal perspective whether credit is permissible on the particular...

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...

In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Tibor Farkas (C-564/15) has addressed an important issue relating to liability of recipients under the provisions of the European VAT regulations (as implemented in Hungry) and the penal consequence which...

In its decision rendered recently, the European Court of Justice (‘ECJ') in the case of Litdana UAB (C-624/15, decision dated 18.05.2017) has dealt with a crucial issue as to the position of the right of output supplier in the context of his compliance vis-à-vis the non-compliance on the part...