Course Manual LAW OF TAXATION & LAW OF TAXATION - I LL. B ...

Course Manual LAW OF TAXATION & LAW OF

TAXATION - I

LL. B B.A.LL. B

B.B.A. LL. B

Course Instructors

Ms. Ananya Kapoor Ms. Dhwani Mainkar Mr. Kanishka Sewak Mr. Kinshuk Jha Mr. Rav Pratap Singh Dr. Saurabh Jain

Part I:

Course Title Law of Taxation

Course Code Corse Duration One semester Level & Program Fourth year of B.A.LL. B; B.B.A.LL. B; LL. B Medium of Instruction English Pre-requisites Nil Pre-cursors Nil Equivalent courses Nil Exclusive courses Nil

Part II: Course Aim

India has a comprehensive tax structure. The power to levy taxes and duties is distributed among the

three tiers of Government, in accordance with the provisions of the Indian Constitution. Broad

classification of the taxes is done under the categories of direct and indirect taxation. The Central

government, the state governments and the local bodies levy and collect different types of taxes in

accordance with the provisions of the relevant legislation. Since taxes cannot be levied or collected

without the authority of the Constitution, the course studies how specific legislations must satisfy the test

of that any of these legislations shall not be in violation of the provisions of the Constitution. The taxes

levied shall not be arbitrary or without legislation. The efficient collection of both, the income based and

the consumption-based taxes, contribute towards the development of the nation and in meeting the costs

of governance.

The tax system in India has undergone a radical change in line with the liberalization of policies since 1991.

Some of the changes include rationalization of tax structure reduction in corporate tax rate; alignment of

customs duty in accordance with bilateral treaties; introduction of value added tax and widening of the

tax base. The latest entrant in the domain of taxes is the Goods and Services Tax (GST) which apparently

deals with the minimization of taxes, elimination of their cascading effect and then not just improve the

ease of doing business but also to help in reducing the cost of goods and services for the end consumer.

It would be apt to say that tax laws form an integral part of the fiscal and trade policies of the nation.

Even though several tax laws have been restructured and contemporary provisions have been introduced

to ensure better compliance, they still represent a complex system of legislations for the layman. The

Indian courts have played a pivotal and incessant role in curtailing arbitrary taxation by the authorities

and have laid down several guidelines for the effective implementation and valid interpretation of the tax

laws. Contrary to the popular notion of it being a vast and arid subject, the study of tax laws is quite

intriguing. It is highly utile for students of law as it elevates their general awareness of jurisprudential and

contemporary taxation principles from personal as well as practice perspective.

This course shall seek to –

provide students with the knowledge of the basic principles of taxation, for direct taxes, in India;

develop comprehension and application of these principles as they have been interpreted by the

Indian courts;

develop an awareness of the concurrent issues in the domain of taxation laws through periodic

case studies of the relevant domestic and international judicial pronouncements;

introduce students to the co-relation between domestic taxation laws, fiscal policies and international trade;

introduce students to basic practical skills required to conduct research in the domain of taxation

of individuals and corporations;

Intended learning outcomes of this course

Course objective By the end of the course students should be able to:

Teaching and Learning Activities

Assessment Tasks/ Activities

Analytically and critically describe and explain the substantive principles of direct taxation pertaining to the topics to be covered in the syllabus. Analyze and critically evaluate:

issues and concerns in the fields of direct taxation

the operation of the principles of corporate taxation and taxation of commodities

the practical implications of the taxation principles on international trade and commerce

Apply the principles of corporate taxation to solve legal problems by:

50 % Weightage 30% Weightage

Reading of relevant cases and other material and research. Students will acquire knowledge of the scheme of direct taxation pertaining to the topics to be covered in the syllabus. Students will be encouraged to participate in class discussion to develop their analytical and critical skills. Students will, by responding to questions and performing exercises, develop their analytical and critical capabilities to discuss important issues of taxation on corporations and commodities. Students will be introduced to issues and concerns and aspects of the operation of the principles of direct taxation.

End-of-course closed book, timed examination (50% of marks) Tutorials (25% of marks for attendance, presentation and participation) Assignment/s (25% of marks for case reviews/case studies, etc.) Students’ ability to describe and explain the main substantive rules of direct taxation on topics covered in the syllabus will be tested on all three assessment parameters. End-of-course examination +Tutorials +Assignments Students’ ability to analyze and critically evaluate will be tested by all three assessment tasks/activities to determine their ability to apply the legal principles to a given factual situation. End-of-course examination Students’ ability to apply the principles of law to given situations and resolve problems will be examined.

researching issues of corporate taxation

analyzing and innovating to resolve problems concerning issues of corporate taxation.

communicating their solutions orally and in writing clearly, coherently, and accurately in their own words and in plain language

20 % Weightage

Preparation for tutorials Students will research on the issues of direct taxes, corporate taxation and international taxation. Tutorials Students will give presentations on selected topics in which they will scrutinize, analyze and evaluate issues and concerns in the topics related to taxation of corporations and commodities, domestic and international. Lectures Students will be shown how legal problems are solved applying principles of corporate and international taxation.

Tutorials Students will be required to make presentations on problems and questions allotted to them and all students will be required to participate and contribute to tutorial discussions whether they are making a presentation research, analyze and resolve problems, and communicate solutions orally will be tested. Assignment/s Students’ ability to research, analyze and resolve problems, and communicate solutions in writing will be tested.

Grading of Student Performance

To pass this course, students must obtain a minimum of 50% in each of the coursework and the examination

elements of the assessment. Coursework for this purpose means those ways in which students are assessed

otherwise than by the end of session examination. End of semester exam will be in the form of a traditional 3

hours written exam.

Letter

Grade

Percentage

Of marks

Grade Values and Definitions

O

80 and above

8 Sound knowledge of the subject matter, excellent organizational capacity, ability to synthesize ideas, rules and principles, critically analyze existing materials and originality in thinking and presentation.

A+

75 to 79

7.5 Sound knowledge of the subject matter, thorough understanding of issues; ability to synthesize ideas, rules and principles and critical and analytical ability.

A

70 to 74

7 Good understanding of the subject matter, ability to identify issues and provide balanced solutions to problems and good critical and analytical skills.

A-

65 to 69

6 Adequate knowledge of the subject matter to go to the next level of study and reasonable critical and analytical skills.

B+

60 to 64

5 Decent Knowledge of the subject matter but average critical and analytical skills.

B

55 to 59

4 Limited knowledge of the subject matter and irrelevant use of materials and, poor critical and analytical skills.

B-

50 to 54

3 Poor comprehension of the subject matter; poor critical and analytical skills and marginal use of the relevant materials. Will require repeating the course.

F

F

Below 50

Below 50

0 None of the Above

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter

Grade Percentage

of Marks Grade

Points Interpretation

P1 45 - 49 2 Pass 1: Pass with Basic understanding of the subject

matter.

P2 40 - 44 1 Pass 2: Pass with Rudimentary understanding of the

subject matter.

F Below 40 0 Fail: Poor comprehension of the subject matter; poor

critical and analytical skills and marginal use of the

relevant materials. Will require repeating the course.

P Pass

‘P’ represents the option of choosing between Pass/Fail

grading system over the CGPA grading system in the

COVID 19 semester in Spring 2020. The option is

provided when students attain a minimum of 40

percentage marks under the current grading structure in

a given subject.

I Incomplete

Extenuating circumstances preventing the student from

completing coursework assessment, or taking the

examination; or where the Assessment Panel at its

discretion assigns this grade. If an "I" grade is

assigned, the Assessment Panel will suggest a schedule

for the completion of work, or a supplementary

examination.

Student Participation

Students are required to prepare for lectures and tutorials and to participate in them. Their participation will be assessed and graded. Cases and other Reading Material

Systematic Approach to Income Tax (2019), 42nd edition, Ed, by Dr. Girish Ahuja & Dr. Ravi Gupta shall be

used as the main text book for this course,

Further, chapters may be suggested for reading from Taxation Principles and Applications - A

Compendium, 2014 Ed, by Parthasarathi Shome, and

Corporate Tax Planning and Business Tax Procedures, (2019), 23rd edition, Ed, Taxmann by Dr. Vinod Kr.

Singhania and Dr. Monica Singhania.

Communication regarding relevant chapters/reading material and specific cases to be studied for each week’s

lecture will be sent to students in advance.

Plagiarism

Any idea, sentence or paragraph that the students cull out from the internet must be credited with the original

source. Paraphrasing or directly quoting from a web source in the exam, presentation, or essays, would require

disclosure of the source. The university has strict rules with consequences for students involved in plagiarism. This is an issue of academic integrity on which no lenience should be expected. Disability Support and Accommodation Requirements JGU endeavors to make all its courses accessible to students. All students with a known disability needing academic accommodations are required to register with the Disability Support Committee [email protected]. The Committee has so far identified the following conditions that could possibly hinder student’s overall well-being. These include: physical and mobility related difficulties; visual impairment; hearing impairment; medical conditions; specific learning difficulties e.g. dyslexia; mental health. The Disability Support Committee maintains strict confidentiality in its discussions. The students should preferably register with the Committee in the month of June/January as disability accommodation requires early planning. DSC will approve and coordinate all the disability related services such as appointment of academic mentors, specialized interventions and course related requirements such as accessible classrooms for lectures, tutorials and examinations. All faculty members are required to refer students with any of the above-mentioned conditions to the Disability Support Committee for addressing disability-related accommodation requirements. Part III: KEYWORD SYLLABUS

Direct taxation, tax planning, avoidance and evasion, tax incidence and impact, residential status, capital gains,

exemptions and deductions, Double taxation avoidance agreements, transfer pricing, Authority for Advanced

Ruling, Indirect Taxation

Part IV: DETAILED SYLLABUS

Introduction to General Principles of taxation- tax planning- avoidance- evasion

Key features of direct and indirect taxes, canons of taxation

Constitutional provisions with respect to taxation laws

Key concepts of the Income Tax

Residential Status and incidence of tax

Concepts of Previous Year and Assessment Year, Assessment Procedure

Concept of Residential status

Digital Taxation

International Taxation- Double Taxation Agreements- Transfer Pricing- BEPS

Dispute Resolution Mechanism

Introduction to Indirect Taxes - The changing landscape with the advent of GST Part V: READINGS FOR THE COURSE

The lecture handouts or any relevant literature will be circulated a week in advance. They will have a significant role as they would be a customized source of pertinent information on the upcoming topics. Students are advised to keep a regular record of them. Essential Readings:

Systematic Approach to Income Tax, (2019), 42nd edition, Ed, by Dr. Girish Ahuja & Dr. Ravi Gupta Supplementary Readings-

Parthasarathi Shome, Taxation Principles and Applications - A Compendium, Lexis Nexis, (2014) 1st

Edition

Corporate Tax Planning and Business Tax Procedures, (2019), 23rd edition, Ed, Taxmann by Dr. Vinod Kr.

Singhania and Dr. Monica Singhania

Roy Rohatgi, Basic International Taxation (Vol. I and II), (2007), 2nd Edition, Taxmann Publications Scholarly Articles:

Niranjan, V., "Interstate Trade and Commerce: The Doctrine of Proportionality Reaffirmed" [2008]

INJlConLaw 7; (2008) 2 Indian Journal of Constitutional Law 192

Shreya Rao, The Indian Equalisation Levy: Inelegant But Not Unexpected, NLS Business Law Review, Volume 2, p. 25-48, 2016

Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta (eds.) The Oxford Handbook of the Indian

Constitution, Chapter 27, Inter-State Trade, Commerce and Intercourse, pp.486-501.

Khagesh Gautam, "Taxing Offshore Transactions in India and the Territoriality Clause - A Case for

Substantial Constitutional Limitations on Indian Parliament's Power to Retrospectively Amend the Income Tax Act", INTERNATIONAL TAX JOURNAL (Wolters Kluwer, CCH), July-August 2014, 19-34.

Ashrita Prasad Kotha, Place of Effective Management Test in the Income Tax Act, 1961: Is It The Right Way

Forward?, 8 NUJS L. Rev 13 (2015)

Kinshuk Jha, The new face of tax notoriety, The Hindu, available at http://www.thehindu.com/opinion/op-ed/The-new-face-of-tax-notoriety/article15000827.ece

Kelkar Committee Report of the Task Force on Direct Taxes, “Economics of Tax Incentives”, 2002, pp.120-

127.

Promoting Budget Transparency Through Tax Expenditure Management: A Report on Country Experience

for Civil Society Advocates, pp.35-44.

Reuven S. Avi-Yonah, Double Tax Treaties: An Introduction, pp.1-15, Electronic copy available at

http://ssrn.com/abstract=1048441.

Malini Chakravarty, GST Answers to some basic questions, Centre for Budget Governance and

Accountability, Electronic copy available at http://www.cbgaindia.org/primers-manual/gst-answers-

basic-questions/

Varun Kannan and Prashant Shukla, Analysing the Working of the GST Council from the Perspective of Fiscal Autonomy of the States, Electronic copy available at http://www.indialawjournal.org/analysing-the-working-of-gst-council.php

Paranjoy Guha Thakurta and Shinzani Jain, Thin Dividing Line India Mauritius and Global Illicit Financial Flows, Penguin Random House India, 2017, New Delhi, pp. 37-65

DP Sengupta and Kavita Rao, Direct Taxes Code and Taxation of Agricultural Income: A Missed Opportunity, Economic and Political Weekly, vol xlvii no 15, pp.51-60.

Mukesh Butani, Tax Dispute Resolution Challenges and Opportunities for India, LexisNexis, 2016 (New

Delhi), pp.113-142.

Shashwat Sharma and Meyyappan Nagappan, GAAR Provisions: The Need for Internationally Accepted

Restrictions on Application, Asia-Pacific Tax Bulletin, 2018 (Volume 24), No. 1, pp.1-10.

Additional Readings:

Granville Austin, The Indian Constitution Cornerstone of a Nation, 14th imp. (New Delhi, Oxford University Press 2009), Chapter 9.

Pratik Datta, Shefali Malhotra and Shivangi Tyagi, “Judicial Review and Money Bills” NUJS Law Review, Volume 10 Issue 2 (2017)

Kinshuk Jha, The Jurisprudence of Taxpayer Rights in India: An Evolutionary Tale in Direct Taxation, Vol. 40, Issue 3, Liverpool Law Review (2019)

Statutory References:

Income Tax Act, 1961

Part VI: LECTURE PROGRAMME The following lecture schedule is tentative and may be adjusted by the instructor(s) as they proceed. Week 1: Introduction to General Principles of taxation- Ideologies- Fiscal policy

Basic questions relating to taxation: What? Why? When? Where? How?

Canons of Taxation

Concept of incidence and impact of tax for understanding direct & indirect tax categories

Introduction to Fundamental principles of taxation (Concept of Income based taxes and consumption-

based taxes, purpose and goals of a tax system)

Introduction to Fiscal Policy Design in India

Union-State Financial Relations

This week’s readings:

1. M. Govinda Rao and Sudhanshu Kumar, Envisioning Tax Policy for Accelerated Development in

India, NIPFP Working Paper no.190, Feb 2017.

Week 2: Sources of Tax Laws, Constitutional Provisions related to Indian Taxation system

Conceptual differences between Tax, Fee, Compensatory Tax, and other categories

Sources of Tax Laws: Where does the tax law come into place – discuss politics in legislative process, administrative circulars & judgments of courts & tribunals

Basic introduction to the constitutional provisions pertaining to power & limitations on power to taxation

Discuss Arts. 246 and 248 for understanding the scheme of distribution of legislative powers between the Centre and State

Art. 301, 304, Freedom of Trade Commerce and Intercourse, restrictions, legality of entry tax, and the current position under law.

This week’s readings:

1. Jindal Stainless Ltd. & Anr. Vs. State of Haryana & Ors. [TS-455-SC-2016-VAT];

2. Niranjan, V., "Interstate Trade and Commerce: The Doctrine of Proportionality Reaffirmed"

[2008] INJlConLaw 7; (2008) 2 Indian Journal of Constitutional Law 192;

3. Chapter titled “Inter-State Trade, Commerce, and Intercourse” by Arvind Datar, The Oxford

Handbook of the Indian Constitution (2016), Edited by Sujit Choudhry, Madhav Khosla, and

Pratap Bhanu Mehta, DOI: 10.1093/law/9780198704898.003.0027;

Additional Readings:

4. Granville Austin, The Indian Constitution Cornerstone of a Nation, 14th imp. (New Delhi, Oxford

University Press 2009), Chapter 9. 5. Pratik Datta, Shefali Malhotra and Shivangi Tyagi, “Judicial Review and Money Bills” NUJS Law

Review, Volume 10 Issue 2 (2017) Art. 280 (Establishment of the Finance Commission of India, Qualifications of members, Role and duties of the Commission)

Week 3: Direct Taxes: Introduction to the key concepts in the law of Income Tax

Key concepts and principles of the Income Tax - Concept of Income, Previous Year, Financial Year, Assessment Year;

Capital & revenue receipts;

Accounting Entries & its impact on the nature of receipt to be classified as ‘income’ or not;

Introduction to Assessment Procedure & computation of taxable income;

Introduction to the 5 heads of ‘income’ along with statutory provisions;

This week’s readings:

1. C. I. T. v. Shaw Wallace, 59 I.A. 206; 2. Emil Webber v. C. I. T., 200 ITR 483 (SC; 3. Minister of Finance v. Smith, 1927 A.C. 193; 4. Godhra Electric Company v. C. I. T., (1997) 4 SCC 530; 5. Poona Electric Supply v. C. I. T., 57 ITR 521; 6. CIT vs. Chaphalkar Bros. 178 (SC)/[2018] 252 Taxman 360 (SC)/[2018] 400 ITR 279 (SC)/[2018]

300 CTR 113 (SC)

Week 4,5 & 6: Residence & Source Rules under the Income Tax Act, 1961

Rules relating to determining the ‘residential status’ of different persons under the Income Tax Act, 1961;

Going over computation exercises to understand the application of the rules relating to residence;

Introduce the recently implemented Place of Effective Management Test (PoEM test) for individual & companies under the new tax law regime;

Source rules under the Income Tax Act and analyzing their application through Vodafone case;

Concept of accrual & arising of income, Business Connection & rules relating to it in Section 9;

Interplay of source & rules in practical cases;

Introduction to Royalties and FTS

This week’s readings:

1. Khagesh Gautam, "Taxing Offshore Transactions in India and the Territoriality Clause - A Case for Substantial Constitutional Limitations on Indian Parliament's Power to Retrospectively Amend the Income Tax Act", INTERNATIONAL TAX JOURNAL (Wolters Kluwer, CCH), July-August 2014, 19-34;

2. Ashrita Prasad Kotha, Place of Effective Management Test in the Income Tax Act, 1961: Is It The Right Way Forward?, 8 NUJS L. Rev 13 (2015);

3. Vodafone International Holdings BV v. Union of India, (2012) 6 SCC 613; 4. CIT v. M/s Vazir Sultan & Sons, 1959 AIR 814; 5. Honda Siel Cars India Ltd. v. CIT [2017] 395 ITR 713 (SC) 6. E. D. Sassoon and Company Ltd v. CIT, 1954 AIR 470; 7. Radha Rani Holdings (P) Ltd. vs Additional Director of Income Tax, (2007) 110 TTJ Delhi 920; 8. V.V.R.N.M. Subbayya Chettiar vs CIT, 1951 AIR 101; 9. The Anglo-French Textile Co. Ltd. v. CIT, AIR 1951 Mad 597; 10. GVK Industries v ITO (Civil Appeal no.7796 of 1997) 11. Ebay International Ag, Mumbai v Assessee, ITA, No.6784/M/2010 12. Formula One World Championship Ltd. v. Commissioner of Income-tax (International Taxation)

[2017] 394 ITR 80 (SC)

13. ADIT vs. E-Funds IT Solution Inc. -[2017] 86 taxmann.com 240 (SC)/[2017] 251 Taxman 280 (SC)/[2017] 399 ITR 34 (SC)/[2017] 298 CTR 505 (SC)

14. Ishikawajma-Harima Heavy Industries Ltd. vs. ADIT- [2007] 158 Taxman 259 (SC)/[2007] 288 ITR 408 (SC)/[2007] 207 CTR 361 (SC)/[2007] 158 Taxman 259 (SC)

Week 7: Capital Gains Taxation

Concept of Capital Gains

Kinds of gains: Long Term and short term

Computation exercises

Exemption under Section 54

Case Study of Vodafone (2012) Week 8 and 9: Digital Taxation

Taxation of e-commerce: an overview

Importance of Digital Taxation in the COVID period

AI, Blockchain, Cryptocurrencies

Equalization Levy

Tax implications through the Significant Economic Presence Test

Digital Services Tax: Google Tax

OECD’s Unified Approach

This week’s readings: 1. Shreya Rao, The Indian Equalisation Levy: Inelegant But Not Unexpected, NLS Business Law

Review, Volume 2, p. 25-48, 2016. 2. Premier Automobiles Ltd. vs. Income Tax Officer and Anr. [2003] 264 ITR 193 (Bom) 3. Coromandel Fertilisers Limited vs. Dy. Commissioner Of Income-Tax 2004 90 ITD 344 Hyd 4. Carborandum Universal Ltd. vs. Jt. CIT, Tax Case (Appeal) No.244 of 2006, 1997-1998, decided

on 10.09.2012 (High Court of Madras) 5. Rashmin Sanghvi, Digital Taxation-a holistic view, 1st edition (New Delhi, Taxmann, 2019),

Chapters 1-5

Week 10: Exemptions and Deductions

Exemptions and deductions – concept and difference

Different exemptions under Section 10 of the Income Tax Act, 1961

Agricultural income – scope of the exemption – need for reform?

Different deductions under Section 80 of the Income Tax Act, 1961

This week’s readings:

1. Kelkar Committee Report of the Task Force on Direct Taxes, “Economics of Tax Incentives”, 2002, pp.120-127.

2. Promoting Budget Transparency Through Tax Expenditure Management: A Report on Country Experience for Civil Society Advocates, pp.35-44.

3. DP Sengupta and Kavita Rao, Direct Taxes Code and Taxation of Agricultural Income: A Missed Opportunity, Economic and Political Weekly, vol xlvii no 15, pp.51-60.

Week 11 : Interpretation of Tax Statutes, Tax Avoidance & Evasion

Discussion on the rule of interpretation of Tax Statutes (strict rule), issues in adherence to the rule of interpretation

Discuss working of international tax structures for avoidance using Apple Case Study

Discuss Cyprus or Mauritius Treaty negotiation case study

Tax Information Exchange Agreements

Impact of GAAR on interpretation of tax law as it stands today

Discussion on Base Erosion Profit Shifting (BEPS) Action Plan

This week’s readings:

1. Union of India v. Azadi Bachao Andolan and Ors., 263 ITR 706 (SC); 2. McDowell & Co. Ltd. v. CTO, (1985) 3 SCC 230; 3. Paranjoy Guha Thakurta and Shinzani Jain, Thin Dividing Line India Mauritius and Global Illicit

Financial Flows, Penguin Random House India, 2017, New Delhi, pp. 37-65; 4. Shashwat Sharma and Meyyappan Nagappan, GAAR Provisions: The Need for Internationally

Accepted Restrictions on Application, Asia-Pacific Tax Bulletin, 2018 (Volume 24), No. 1, pp.1-

10. 5. Kinshuk Jha, “The new face of tax notoriety”, The Hindu, available at

http://www.thehindu.com/opinion/op-ed/The-new-face-of-tax-notoriety/article15000827.ece

1. Deloitte, General Anti-Avoidance Rules (GAAR) India and International Experience, 2017, Electronic copy available at https://www2.deloitte.com/content/dam/Deloitte/in/Documents/tax/in-tax-gaar-india-and-international-experience-noexp.pdf

Week 12: Double Taxation Avoidance Agreements

Broad Features of DTAA

UN and OECD Model Conventions Methods for elimination of Double Taxation

Misuse of DTAA

Discuss one DTAA (Mauritius, UAE)

Discuss MLI and the evolving framework

This week’s readings: 1. Reuven S. Avi-Yonah, Double Tax Treaties: An Introduction, pp.1-15, Electronic copy available

at http://ssrn.com/abstract=1048441 2. Eric M. Zolt, Tax Treaties and developing Countries, Electronic copy available at

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3248010

Week 13: Transfer Pricing: Key concepts

An overview of concepts under Section 92 A to E

TP Documentation: requirements and penalties

Advance Pricing Agreements

TP in COVID

This week’s readings: 1. BDO India, Transfer Pricing Prism 2017, Section A, Electronic copy available at

https://www.bdo.in/getmedia/ef574828-5222-4962-aca5-4bfa97fe1b62/Transfer-Pricing.pdf.aspx

2. Deloitte, Transfer Pricing Considerations in Light of COVID-19, March 2020, Electronic copy available at https://www2.deloitte.com/hu/en/pages/tax/articles/tranfer-pricing-considerations-covid19.html

Week 14: Dispute Resolution Mechanisms

Traditional litigation / appellate framework

Authority for Advance Ruling - scope and limitations

Settlement Commission – scope and utility

Dispute Resolution Panel – scope and review of performance

Relaxations and measures during COVID period

This week’s readings:

1. Mukesh Butani, Tax Dispute Resolution Challenges and Opportunities for India, LexisNexis, 2016 (New Delhi), pp.113-142.

2. Columbia Sportswear Company v DIT, Bangalore (Special Leave Petition (C) No. 31543 of 2011); 3. P-9 of 1995, In re [1996] 220 ITR 0377; 4. Instrumentarium Corporation Finland- 272 ITR 499; 5. Airport Authority of India 299 ITR 102; 6. L S Cables Ltd. v. Director of Income-tax, A.A.R. No. 858-861 of 2009; 7. Tiger Global International II Holdings, Mauritius, AAR No. 04/2019 order dated 26.03.2020 8. Daksha Baxi and Surajkumar Shetty, Indian Tax measures to counter COVID-19 impact: How do

they compare with OECD’s suggestions?, April 2020, tax.cyrilamarchandblogs.com, Electronic copy available at https://tax.cyrilamarchandblogs.com/2020/04/indian-tax-measures-to-counter-covid-19-impact-how-do-they-compare-with-oecds-suggestions/

Week 15: Introduction to GST

Background of GST (Discussion on the basic concepts of the major outgoing Indirect Tax Statutes such as Central Excise, Central Sales Tax, VAT, Service Tax, etc.)

Constitutional amendments in relation to GST

The role and importance of GST Council

GST form and structure (CGST, SGST and IGST, Compensation Mechanism)

GST Tax slabs

This week’s readings:

1.Malini Chakravarty, GST Answers to some basic questions, Centre for Budget Governance and Accountability, Electronic copy available at http://www.cbgaindia.org/primers-manual/gst-answers-basic-questions/ 2. Varun Kannan and Prashant Shukla, Analysing the Working of the GST Council from the

Perspective of Fiscal Autonomy of the States, Electronic copy available at http://www.indialawjournal.org/analysing-the-working-of-gst-council.php

3. PricewaterhouseCoopers(PwC), 365 days of GST: a historic journey, 2018,Electronic copy available at https://www.pwc.in/assets/pdfs/india-services/indirect-tax/365-days-of-the-gst-a-historic-journey/a-historic-journey.pdf