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taxmann - ArticlesConversion Of Existing Firms-Limited Liability Partnerships - Various AspectsThe entire world is gradually drifting towards one global market without any trade barriers between the countries. A small organization led by few partners cannot think of growth on large scale without corporatising itself Limited Liability Partnership (LLP). Service Tax On Equipment Leasing And Hire-Purchase - Whether Un-Constitutional ?This article makes a comprehensive analysis of the decision of the High Court in Kerala Non-banking Finance Companies Welfare Association v. Union of India [2009] 20 STT 1, wherein a recent issue as to : whether charging of service tax on banking and other financial services which include equipment leasing and hire-purchase, is unconstitutional, has been considered. Direct Taxes Code Is Silent On Tax Treatment of Reverse MortgagesThe Direct Taxes Code Bill, 2009 is silent on the tax treatment of reverse mortgage. The author opines that having regard to the nature of the transaction, the position which prevails under the Income-tax Act, 1961 will continue under the Code also. However, it is desirable that express provisions be incorporated. Certain Issues on taxation of Charitable and Religious institutionsIn a vastly populated developing nation, the parallel role of NGOs in public welfare is indispensable. The Income-tax Act, 1961 has recognized the importance of the very concept of ‘charity’ in the Indian society. The income derived by charitable institutions is exempt under section 10 or section 11. This article discusses certain issues arising out of section 11, which provides exemption to income derived from property held under trust for charitable or religious purposes. The author opines t Alternate Submission Of Proof Of Imports -(For listed companies - Specific facility)Whenever the foreign exchange is acquired and remitted, the proof of import by way of exchange control copy of bill of entry needs to be submitted to the authorised dealer. Non-submission of the proof of imports would invite action against the importer and the Enforcement Directorate can initiate proceedings under the erstwhile Foreign Exchange Regulation Act or under the current Foreign Exchange Management Act. There could be occasions when the importer may not be able to submit the exchange co Taxation of Import of services in India and levy of Service TaxThis article deals with the taxation of import of services in India and evaluation of levy of service tax in the light of some relevant circulars and notifications. The author has also referred to a decision of the Bombay High Court in Indian National Shipowners Association v. Union of India [2009] 18 STT 212. Investment Based DeductionBudget 2009 has taken a new initiative by introducing the concept of allowing deduction under income-tax for investment made in a new business ‘based on investment’ and ‘not based on profit earned’. It has inserted section 35AD allowing deduction of investment in specified businesses under the Income-tax Act, 1961. This is in place of allowing for exemption or deduction of profit earned from a new business. This amounts to allowing depreciation upfront. With this new initiative, it seems that t LLP Conceptually Different - Why Taxed As Partnership?The Finance (No.2) Act, 2009, amended the definitions of the expressions firm and partner of the Income-tax Act, 1961, to include a Limited Liability Partnership (LLP) and its partners, respectively, as defined in the Limited Liability Partnership Act, 2008. The LLP is an AOP incorporated in accordance with the provisions of the LLP Act. Goods And Service Tax - A Consumption Based Destination TaxThe Goods and Service Tax (GST), a landmark in the history of tax reforms, after the implementation of VAT, has started its journey by the Finance Minister’s public endorsement of the dual GST model.
The dual GST model will comprise of a Central GST and State GST. The Centre and the State will each legislate, levy and administer the Centre and State GST, separately. GST centres round evolving an efficient and harmonize consumption tax system in the country. Non-Indication Of Service Tax In Bill - An AnalysisWhenever a service is brought into the service tax net, the service provider is liable to levy service tax on the service provided by him and to pay the service tax so collected from the service receivers. The Service Tax Rules make it mandatory to issue bill/invoice/ challan to the service receivers indicating the details as required by the rules including the service tax payable. In some cases, the Tribunal have held that if service tax is not levied, the gross amount collected may be treated
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