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Tax Laws India

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Lovely Professional University, Punjab
Course Code COM354 Course Category Course Title TAX LAWS-II Courses with Numerical focus Course Planner 17055::Shikha Bhasin Lectures 4.0 Tutorials Practicals Credits 1.0 0.0 5.0

TextBooks Sr No T-1 Title Indirect Taxes Laws & Practice, Reference Books Sr No R-1 R-2 Other Reading Sr No OR-1 OR-2 OR-3 OR-4 OR-5 OR-6 OR-7 OR-8 Journals articles as Compulsary reading (specific articles, complete reference) Mohan Rajat "Service Tax Planning- Limits of Management Consultancy Services" [http://www.caclubindia.com/articles/service-tax-planning-limitsofmanagement- consultancy-services-4073.asp] , Thakur Pradeep & Dhawan Himanshi, "ED asks for CWG broadcast contract details" Times of India, Nov 11, 2010 [http://timesofindia.indiatimes.com/india/EDasks- for-CWG-broadcast-contract-details/articleshow/6904772.cms] , Bhalla Monish "Unprofessional Service Tax rules for certain professionals" on 04 November 2010 [http://www.caclubindia.com/articles/unprofessional-servicetaxrules-for-certain-professionals-7363.asp] , CA. Mohan Rajat "GST recent developments" [http://www.caclubindia.com/articles/gst-recent-developments-5308.asp] , Singh Kumar Dheeraj "Historical Background of VAT" [http://www.caclubindia.com/articles/historical-background-of-vat-1716.asp] , By Mahony,Megan , Journal of State Taxation. Nov/Dec 2012 Vol 31 Issue , P 15-18 4P- An recent activity related to sales Tax , By Piquado ,Paul , Federal register 10/22/2012, Vol 77 Issue 204 P 64468-64471- Circular welded carbon - Quality steel pipe from India :final affirmative countervailing duty determination , Journal of Financial service professionals Nov 2012 , Vol 66 Issue 6 P8-10, 3 P , Title Indirect Taxation Students guide on indirect taxes Author Balachandam,V Bangar,Yogendra & Bangar Vandana Edition 11th 1st Year 2012 2012 Publisher Name SULTAN CHAND & SONS ABS Publication,Jalandhar Author Datey V.S Edition 10th Year 2012 Publisher Name Taxmann Publishers

Relevant Websites Sr No RW-1 (Web address) (only if relevant to the course) http://www.cbec.gov.in/ Salient Features Detailed information related to custom, service tax and central excise: rules, regulations and notifications etc. Various Forms are available here to file return. Detailed conceptual knowledge of service tax, central sales tax, VAT and central excise duty. Constitutional & Legal provisions behind the levy of Service Tax in India

RW-2 RW-3

http://www.consultacelegal.com/legal-roundup/indirect-taxes http://www.servicetax.gov.in/

RW-4 RW-5 RW-6 RW-7 RW-8 RW-9 RW-10 RW-11 RW-12

http://www.fiscals.net/ http://www.economywatch.com/budget/india/indirecttaxes. html http://business.mapsofindia.com/india-tax/types/indirect.html http://www.indiataxes.com/Information/ServiceTax/introduction .htm http://www.indiataxes.com/Information/ServiceTax/introduction .htm http://www.indiataxes.com/Information/Excise/Introduction_of_ Taxation_system/introduction_of_taxation_system.htm http://www.indiataxes.com/Information/VAT/Introduction.htm http://www.caclubindia.com/forum/files/7_idt_rtp.pdf

Taxation dictionary Basic difference: Direct and Indirect Taxes Conceptual details of all taxes covered under Indirect Tax Laws. Whole information related to Service Tax Whole information related to Service Tax Details regarding central excise duty, authorities, levy and collection of excise duty Details regarding VAT: Introduction and implications Details of all the acts under Indirect tax laws and cases related to that Acts.

http://www.caclubindia.com/articles/roasted-almonds-caseindirect- tax-case-laws-exam- Roasted Almonds Case law: Regarding Central Excise Tariff Act (CETA) approach-4376.asp]

LTP week distribution: (LTP Weeks) Weeks before MTE Weeks After MTE Spill Over 7 6 2

Detailed Plan For Lectures
Week Number Lecture Number Broad Topic(Sub Topic) Chapters/Sections of Text/reference books Other Readings, Lecture Description Relevant Websites, Audio Visual Aids, software and Virtual Labs RW-9 Introduction to indirect tax,objectives Learning Outcomes Pedagogical Tool Demonstration/ Case Study / Images / animation / ppt etc. Planned

Week 1

Lecture 1

Taxation(Significance)

R-1:R-1Ch-1

Student will understand PPTs and discussion the concept of Indirect Taxation and its importance Student will Learn The PPTs and discussion Principles of Indirect taxation Student will Understand PPTs and discussion the difference between direct tax and indirect tax

Taxation(Basic Principles)

R-1:R-1Ch-1

Principles of Indirect Taxation Difference between Direct tax and Indirect Tax

Taxation(Direct and Indirect taxes)

R-1:R-1Ch-1

Lecture 2

Taxation(Nature of Indirect taxes)

R-1:R-1Ch-1

Nature of Indirect Taxes, Student will Understand PPTs and discussion Types of indirect Tax the nature of Indirect Taxes

Week 1

Lecture 2

Taxation(Advantages and Limitations) Central Excise Duty(Meaning)

R-1:R-1Ch-1

Advantages and limitations of Taxation Laws relating to central excise

Student will Understand PPTs and discussion the merits and demerits of Indirect taxes Student will Understand PPTs and discussion the concept of central excise duty

Lecture 3

T-1:T-1 Ch-13

Central Excise Duty(Definitions)

T-1:T-1 Ch-13

Laws Relating to central Student will Understand PPTs and discussion excise the concept of central excise duty Types of excise duties Basic conditions for liability to Excise,Concept of Manufacture Central Excise Tariff Act CETA and Customs Tariff Act CTA,Overview of Tariff Central Excise Tariff Act CETA and Customs Tariff Act CTA,Overview of Tariff Valuation to determine assessable value Student will Learn all kinds of excise duties PPTs and discussion

Central Excise Duty(Kinds of Excise Duty) Lecture 4

T-1:T-1 Ch-13

Central Excise Duty(Excise ability T-1:T-1Ch-14 and manufacture) R-1:R-1 Sec - B ch-3

Student will Learn the PPTs and discussion concept of manufacture in excise Student will Learn the concept of Exciseable goods and their classification Student will Learn the concept of Exciseable goods and their classification PPTs and discussion

Week 2

Lecture 5

Central Excise Duty(Classification of Excisable goods)

T-1:T-1.Ch-15

Lecture 6

Central Excise Duty(Classification of Excisable goods)

T-1:T-1.Ch-15

PPTs and discussion

Lecture 7

Central Excise Duty(Valuation of Exciseable Goods)

T-1:T-1 Ch-18

Student will Learn to PPTs an discussion compute the assessable value of exciseable goods Student willLearn the various rates of duty chargeable at the time of clearance PPTs and discussion

Lecture 8

Assessment Procedure(Clearance of exciseable goods)

R-1:R-1Sec -B Ch-7

Relevant rate for rate of duty and valuation

Week 3

Lecture 10

Assessment Procedure(Various authorities under excise Law & their Powers) Assessment Procedure(MRP)

T-1:T-1.Ch-32

Power of revenue Understand the role of officers relating to serach various authorities and seizure relating to excise Law Methods of calcculation of duty payable,Applicability of MRP Valuation Provision Methods of calcculation of duty payable,Applicability of MRP Valuation Provision Student will get to know the concept of MRP relating to exciseable goods Student will get to know the concept of MRP relating to exciseable goods

PPTs and discussion

Lecture 11

T-1:T-1 CH-16

PPTs and discussion

Lecture 12

Assessment Procedure(MRP)

T-1:T-1 CH-16

PPTs and discussion

Lecture 9

Assessment Procedure(Various authorities under excise Law & their Powers)

T-1:T-1.Ch-32

Power of revenue Understand the role of officers relating to serach various authorities and seizure relating to excise Law

PPTs and discussion

Week 4

Lecture 13

Assessment Procedure(Transaction Value)

T-1:T-1 Ch-17

Excise Duty based on Student will understand PPTs and discussion Value,Transaction Value how to compute the as Assessable transaction value Value,Deduction of Taxes from AV,Inclusions in Transaction Value Excise Duty based on Student will understand PPTs and discussion Value,Transaction Value how to compute the as Assessable transaction value Value,Deduction of Taxes from AV,Inclusions in Transaction Value Inclusion exclusion in transaction value Student will Learn What are the inclusion and exclusion in transaction value Student will Learn What are the inclusion and exclusion in transaction value PPTs and discussion

Lecture 14

Assessment Procedure(Transaction Value)

T-1:T-1 Ch-17

Lecture 15

Assessment Procedure(Inclusions & Exclusions)

T-1:T-1 Ch-17

Lecture 16

Assessment Procedure(Inclusions & Exclusions)

T-1:T-1 Ch-17

Inclusion exclusion in transaction value

PPTs and discussion

Week 5

Lecture 17 Lecture 18 Assessment Procedure(Basic Procedure in central excise) T-1: T-1 Chapter-24

Test 1 Overview of procedural Student will Understand PPTs and discussion provisions,Registration the basic procedures in of central excise factorywarehouse,Payme nt of excise duty Overview of procedural Student will Understand PPTs and discussion provisions,Registration the basic procedures in of central excise factorywarehouse,Payme nt of excise duty RW-2 Background of Student will VAT,Input goods Acquaintance with the eligible as credit,Cenvat concept of VAT Credit of Input Service Cenvat credit of duty paid on capital goods PPTs and discussion

Lecture 19

Assessment Procedure(Basic Procedure in central excise)

T-1: T-1 Chapter-24

Lecture 20

VAT(Introduction to Value Added Tax)

T-1:T 1 CH-20

Week 6

Lecture 21

VAT(Asessment Procedure)

T-1:T 1 CH-20

Student will understand PPTs and discussion the basic procedure followed in VAT

Lecture 22

VAT(Utilization of Cenvat Credit)

T-1:T-1 CH-21

Taking and utilisation of Student will Understand PPTs and discussion credit,Duty paying the utilization of Cenvat documents for Cenvat credit Exempted ,Meaning of exempted servicesgoods,Payment of amount on exempted final productexempted services Student will get to know the exempted goods and services PPTs and discussion

Lecture 23

VAT(Exempted Goods & services)

T-1:T-1 Ch-22

Week 6

Lecture 24

VAT(Duty Paying Documents & removal of Input & capital goods)

T-1:T -1 CH-23

Removal of inputscapital Student will Understand PPTs and discussion goods,Removal of the procedure of capital goods after use removal of Input capital goods Test 2 RW-3 Introduction to service Student will Understand PPTs and discussion Tax, Constitutional the concept of Service Background of service Tax tax,Taxable service,Declared services Value of taxable Student will Learn the service,valuation,exempt Valuation of taxable ions,exempted services services Filling of return under service tax PPTs and discussion

Week 7

Lecture 25 Lecture 26 Service Tax(Introduction to service Tax) T-1:T-1 Ch-5

Lecture 27

Service Tax(Procedure of Assessment) Service Tax(Filling of Return)

T-1:T-1 Ch-7

Lecture 28

T-1:T-1 Ch-9

Student will learn how PPTs and discussion to file service tax return

MID-TERM
Week 8 Lecture 29 Custom Duty(Basic Concepts of custom Law) Custom Duty(Definitions) T-1:T-1 Ch-37 Scope of custom Law,Nature of custom duty Background of custom Law OR-7 Classification of duty Student will get to PPTs and discussion know the basic concept of custom Law Student will Learn the Background about custom law Student will acquaintance with the various kinds of duty Student will acquaintance with the various kinds of duty PPTs and discussion

T-1:T-1 Ch-37

Lecture 30

Custom Duty(Types of Duties)

T-1:T-1 Ch-37

PPTs and discussion

Lecture 31

Custom Duty(Types of Duties)

T-1:T-1 Ch-37

OR-7

Classification of duty

PPTs and discussion

Lecture 32

Custom Duty(Detail of Procedure in relation to levy) Custom Duty(Detail of Procedure in relation to levy) Valuation of Custom Duty (Inclusions & exclusions)

T-1:T-1 Ch-38

Methods of valuation of custom duty Methods of valuation of custom duty

Student will Learn how PPTs and discussion to do the valuation under custom duty Student will Learn how PPTs and discussion to do the valuation under custom duty PPTs and discussion

Week 9

Lecture 33

T-1:T-1 Ch-38

Lecture 34

T-1:T-1 Ch-38

Inclusions or exclusions Student will be able to in custom value know what are the inclusions exclusions in custom value Collection and exemptions frm duty,

Lecture 35

Custom Duty(Collection & exemptions from Duty)

T-1:T-1 Ch-41

Student will learn the PPTs and discussion various exemptions and remissions grantedunder custom duty PPTs and discusssion

Lecture 36

Valuation of Custom Duty (Clearance of Imported & exported Goods)

T-1:T-1 Ch-39

Clearance Procedure of Student will Learn the import goods and export clearnace procedure goods followed in custom

Week 9

Lecture 36

Valuation of Custom Duty(Imports & exports Procedures)

T-1:T-1 Ch-39

Import and export Student will Learn the procedure under custom Procedure of import Law and export followed for custom Import and export Student will Learn the procedure under custom Procedure of import Law and export followed for custom Clearance Procedure of Student will Learn the import goods and export clearnace procedure goods followed in custom Clearance Procedure of Student will Learn the import goods and export clearnace procedure goods followed in custom Import and export Student will Learn the procedure under custom Procedure of import Law and export followed for custom Custom procedures

PPTs and discussion

Week 10

Lecture 37

Valuation of Custom Duty(Imports & exports Procedures)

T-1:T-1 Ch-39

PPTs and discussion

Valuation of Custom Duty (Clearance of Imported & exported Goods) Lecture 38 Valuation of Custom Duty (Clearance of Imported & exported Goods) Valuation of Custom Duty(Imports & exports Procedures)

T-1:T-1 Ch-39

PPTs and discusssion

T-1:T-1 Ch-39

PPTs and discusssion

T-1:T-1 Ch-39

PPTs and discussion

Lecture 39

Valuation of Custom Duty(Custom Procedures) Exemptions under custom Duty (Provisions Relating to warehousing, Exemptions, Penalities & Offences)

T-1:T-1 ch-39

Student will understand PPTs and discussion the Basic procedure followed in Custom

Lecture 40

T-1:T-1 Ch-42

Warehousing in Student will Understand PPTs and discussion customs,clearance from the provisions relating bonded to warehouses warehouse,penalities offences,baggage courier and Post Warehousing in Student will Understand PPTs and discussion customs,clearance from the provisions relating bonded to warehouses warehouse,penalities offences,baggage courier and Post Warehousing in Student will Understand PPTs and discussion customs,clearance from the provisions relating bonded to warehouses warehouse,penalities offences,baggage courier and Post Test 3 Introduction, objects, Student will Understand PPTs and discussion interstate the conceot of central sale and interstate sale sale tax by transfer of documents OR-6 Introduction, objects, Student will Understand PPTs and discussion interstate the principles of central sale and interstate sale sales inter state sales by transfer of documents

Week 11

Lecture 41

Exemptions under custom Duty (Provisions Relating to warehousing, Exemptions, Penalities & Offences)

T-1:T-1 Ch-42

Lecture 42

Exemptions under custom Duty (Provisions Relating to warehousing, Exemptions, Penalities & Offences)

T-1:T-1 Ch-42

Lecture 43 Lecture 44 Central sale tax(Definitions) R-1:R-1 D-1 Sec-D

Week 12

Lecture 45

Central sale tax(Various Principles R-1:R-1 D-4 Sec-D of central sales(relating to intra statesales or inter state sales & sales in the course of import & export including Penultimate sales)

Week 12

Lecture 46

Central sale tax(Various Principles R-1:R-1 D-4 Sec-D of central sales(relating to intra statesales or inter state sales & sales in the course of import & export including Penultimate sales) Central sale tax(Various Principles R-1:R-1 D-4 Sec-D of central sales(relating to intra statesales or inter state sales & sales in the course of import & export including Penultimate sales) Central sale tax(Various forms to be used) R-1:R-1.Sec-D

OR-6

Introduction, objects, Student will Understand PPTs and discussion interstate the principles of central sale and interstate sale sales inter state sales by transfer of documents Introduction, objects, Student will Understand PPTs and discussion interstate the principles of central sale and interstate sale sales inter state sales by transfer of documents Rates of Tax and calculation os sales turnover Rates of Tax and calculation os sales turnover Student will get to PPTs and discussion know the various rates of tax and calculation of sales turnover Student will Understand PPTs and discussion the Procedure of filling of return under central sale taxUnderstand the various rates of tax and calculation of sales turnover

Lecture 47

OR-6

Lecture 48

Central sale tax(Filling of return)

R-1:R-1Sec- D

Procedure of Assessment(Various forms for filling of sales tax return)

R-1:R-1 Sec D D6

Various forms used for Students will get to PPTs and discussion filling of central sale tax know the various forms used for filing sales tax return Computation of liability Will be in a position to PPTs and discussion of tax assessment do assessment of sales tax Computation of liability Will be in a position to PPTs and discussion of tax assessment do assessment of sales tax CST Registeration of dealers, revision CST Registeration of dealers, revision Understand the process PPTs and discussion followed for getting registered as a dealer Understand the process PPTs and discussion followed for getting registered as a dealer

Week 13

Lecture 49

Procedure of Assessment (Procedure of assessment) Procedure of Assessment (Procedure of assessment) Procedure of Assessment (Registeration of dealers) Procedure of Assessment (Registeration of dealers)

R-1:R-1 Sec D D6

Lecture 50

R-1:R-1 Sec D D6

Lecture 51

R-1:R-1 Sec-D D7

Lecture 52

R-1:R-1 Sec-D D7

SPILL OVER
Week 14 Lecture 53 T-1:T-1 Ch-35 SETTLEMENT COMMISSION AND ADVANCE RULING Excise Concession to SSI PPTs and discussion

Lecture 54

T-1:T-1 Ch-26

PPTs and discussion

Scheme for CA:

Component Homework

Frequency 2

Out Of 3 Total :-

Each Marks Total Marks 10 10 20 20

Details of Academic Task(s)
AT No. Objective Topic of the Academic Task Nature of Academic Task (group/individuals/field work Evaluation Mode Allottment / submission Week 3/4

Test 1

To check the knowledge of students regarding central excise & its Laws To assess the knowledge of students relating to assessment of VAT & CENVAT Credit To assess the knowledge of students relating to assessment of Custom Duty

Case Laws and Practical problems regarding Valuation of Central Individual Excise Duty

Performance in the test

Test 2

Input goods for CENVAT, Utilization of CENVAT credit,Exempted goods & services & removal

Individual

Performance in the test

6/7

Test 3

Custom Valuation, practical problems regarding custom duty

Individual

Performance in the test

10 / 11

Plan for Tutorial: (Please do not use these time slots for syllabus coverage)
Tutorial No. Lecture Topic Type of pedagogical tool(s) planned (case analysis,problem solving test,role play,business game etc)

Tutorial 1 Tutorial 2 Tutorial 3 Tutorial 4 Tutorial 5 Tutorial 6 Tutorial 7

Introduction to indirect tax Law & excise duties Liability- Levy and collection of Excise Duty Excisable goods, manufacture and manufacture,Classification of excisable goods. Valuation based on MRP. Computation of excise duty computation of VAT Revision

Problem solving,Discussion Case analysis,Problem solving Case analysis Problem solving Problem solving Problem solving Problem solving

After Mid-Term
Tutorial 8 Computation of Custom Duty Problem solving

Tutorial 9 Tutorial 10 Tutorial 11 Tutorial 12 Tutorial 13

Asessment Procedure under custom duty Valuation for Customs Central sale tax - Computation Central sale tax - Computation Revision

Problem solving Problem solving Problem solving Problem solving Problem solving

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...TAX SHELTER A “tax shelter” is a way of reducing your taxable income. This will reduce the payments you pay out to state and federal governments. Also, your method of using it can change depending on local and international tax laws. “In North America, a tax shelter is generally defined as any method that recovers more than $1 in tax for every $1 spent, within 4 years.” If you invest in an abusive tax shelter you can be penalized by the IRS. If found that you are you will owe back taxes and all accrued penalties/interest. The IRS has made a list of abusive transactions, if what someone is doing resembles one of transactions, then it would be considered abusive and the user may face penalties. Due to differing tax rates and legislation in each country, tax benefits can be exploited. If I buy $1 of goods from Japan and I sell them for $3, I will pay tax on $2 of taxable income. However, tax benefits can be exploited if I set up an offshore subsidiary in the British Virgin Islands to buy the same goods for $1, then my subsidiary sells the goods back to me for $3 and then I sell it again in the domestic market for $3. This allows me to report taxable income of $0 (because it was purchased for $3 and sold for $3), thus paying no tax. While my subsidiary will have to pay tax on $2, the tax is payable to the tax authority of British Virgin Islands. Since the British Virgin Islands has a corporate tax rate of 0%, no taxes are...

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...(2010), in the essay she wrote in www.studymode.com. She stated that: “Payroll processes are the perfect place to begin when looking to control costs. New developments in software, such as allowing the integration of payroll system info into existing HR systems, mean you can look beyond traditional ERP options.” Junald Astronomo Lagod (2010) stated that: “Any small business owner can tell you that paying employees involves a lot more than writing a check every two week. There are dozens of laws governing employee compensation. If you don’t want to run afoul of various government agencies, you have to be well organized and stay up to date on federal and state guideline.” Gabriel Esteban (May, 2012) stated that: “Payroll systems are simple to use, easily affordable and compliant with all new tax laws. These systems can be programmed to calculate taxes and deductions to your specific area. Most systems have an internet database that can be accessed for updates to tax codes and changes in the law.” Foreign. Payroll System is a flexible compensation administration...

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Highly Certain Tax Positions

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