CA Final International Taxation Elective Paper 6C Course

1. TRANSACTION OF SALE OF GOODS OR PROVISION OF SERVICES
2. EVOLUTION OF TRANSFER PRICING
3. INTRODUCTION TO TRANSFER PRICING
4. MEANING OF TRANSFER PRICE
5. WHAT IS TRANSFER PRICING?
6. EVOLUTION OF TRANSFER PRICING IN INDIA [PRE-2001 ERA] – SECTION 92
7. EVOLUTION OF TRANSFER PRICING IN INDIA [PRE-2001 ERA] – REPLACEMENT OF EXISTING LAW
8. COMPUTATION OF INCOME HAVING REGARD TO THE ALP – SECTION 92 – APPLICABILITY OF ARM’S LENGTH PRINCIPLE
9. COMPUTATION OF INCOME HAVING REGARD TO THE ALP – SECTION 92 – BASE EROSION CONCEPT

• NON-APPLICABILITY OF ARM’S LENGTH PRINCIPLE

10. ASSOCIATED ENTERPRISES – SECTION 92A (1)
11. DEEMED ASSOCIATED ENTERPRISES – SECTION 92a (2)

• DEEMED ASSOCIATED ENTERPRISES –  ENTERPRISE OWNERSHIP > 26%
• DEEMED ASSOCIATED ENTERPRISES – VOTING POWER/ OWNERSHIP > 26%
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92A(2) – LOAN OF 51% OR MORE OF TOTAL BOOK VALUE OF ASSETS
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92A(2) – GUARANTOR OF BORROWINGS
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92A(2) – GUARANTOR OF BORROWINGS
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – APPOINTMENT OF GOVERNING BOARD
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92A(2) – APPOINTMENT OF BOARD OF 2 DIFFERENT ENTERPRISES BY SAME PERSON
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – DEPENDENCE ON INTANGIBLES
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – DEPENDENCE ON RAW MATERIALS AND CONSUMABLE
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – DEPENDENCE ON SALE
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – INDIVIDUAL CONTROL
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – CONTROL BY HUF
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – HOLDING NOT LESS THAN 10% IN A FIRM
• DEEMED ASSOCIATED ENTERPRISES – SECTION 92a(2) – MUTUAL INTEREST RELATIONSHIP
• QUESTION AND ANSWERS ON ASSOCIATED ENTERPRISE

12. INTERNATIONAL TRANSACTION [SECTION 92B]

• DEFINITION OF TRANSACTION [SECTION 92F & RULE 10A(D)]
• DEFINITION OF INTERNATIONAL TRANSACTION [Section 92B]
• DEEMED INTERNATIONAL TRANSACTION [SECTION 92B] (2)

13. Arms’ length principle

• DEFINITION OF ARM’S LENGTH PRICE [SECTION 92F]

14. COMPUTATION OF ARM’S LENGTH PRICE [SECTION 92C]

• TRADITIONAL TRANSACTION METHOD
• Comparable Uncontrolled Price Method (‘CUP’)
• Resale Price Method (‘RPM’)
• Cost Plus Method (‘CPM’)
• TRANSACTIONAL PROFIT METHODS
• Profit Split Method (‘PSM’)
• Transactional Net Margin Method (‘TNMM’)
• ANY OTHER METHOD PRESCRIBED BY THE CENTRAL BOARD OF DIRECT TAXES

15. SELECTION OF TESTED PARTY
16. SELECTION OF PROFIT LEVEL INDICATOR
17. SELECTION OF MOST APPROPRIATE METHOD – RULE 10C

• FACTORS TO BE CONSIDERED TO SELECT MOST APPROPRIATE METHOD – RULE 10C(2)
• CATEGORISATION FOR SELECTION OF MOST APPROPRIATE METHOD

18. DATA TO BE USED FOR ANALYZING COMPARABILITY OF AN UNCONTROLLED TRANSACTION WITH AN INTERNATIONAL TRANSACTION
19. ARITHMETIC MEAN – WHEN MORE THAN ONE PRICE IS DETERMINED
20. APPLICABILITY OF RANGE CONCEPT – WHEN MORE THAN ONE PRICE IS DETERMINED

• RANGE – WHEN DATA OF SINGLE YEAR IS USED
• RANGE – APPLICATION OF MULTIPLE YEAR DATA FOR CONSTRUCTION OF DATASET
• RANGE – NON-INCLUSION OF PRICE OF UNCONTROLLED TRANSACTIONS IN THE DATASET
• RANGE– MANNER OF ASSIGNING WEIGHT

21. FUNCTIONS, ASSETS AND RISK (FAR) ANALYSIS

• COMPONENTS OF FAR ANALYSIS
• RELATIONSHIP OF RISK AND RETURN
• COMMON RISK INVOLVED IN THE BUSINESS
• CONTRACT TERMS – ASCERTAINING RISK
• FAR ANALYSIS – ADVANTAGES
• ILLUSTRATIVE LIST OF FUNCTIONS, ASSETS AND RISKS FOR DIFFERENT ENTITIES

22. DOCUMENTATIONS AND COMPLIANCES – DOCUMENTATION REQUIREMENT UNDER THE INCOME-TAX ACT, 1961

• INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED U/S 92D (RULE 10D(1)) – ENTITY RELATED
• INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED U/S 92D (RULE 10D(1)) – PRICE RELATED
• INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED U/S 92D (RULE 10D(1)) – TRANSACTION RELATED
• EXEMPTION THRESHOLD FOR DOCUMENTATION  – RULE 10D(2)
• STRUCTURE OF TRANSFER PRICING DOCUMENTATION

23. FUNCTIONAL ANALYSIS
24. ECONOMIC ANALYSIS
25. AUDIT REPORT – SECTION 92E
26. PENALTY FOR UNDER-REPORTING OF INCOME – SECTION 270A
27. PENALTY FOR MISREPORTING OF INCOME – SECTION 270A
28. PENALTY FOR FAILURE TO KEEP AND MAINTAIN INFORMATION AND DOCUMENTATION – SECTION 271AA
29. PENALTY FOR FAILURE TO FURNISH INFORMATION OR DOCUMENT U/S 92D – SECTION 271G
30. COUNTRY BY COUNTRY REPORTING

• OBJECTIVES OF COUNTRY BY COUNTRY REPORTING
• BACKGROUND OF COUNTRY BY COUNTRY REPORTING
• THREE TIER STRUCTURE OF DOCUMENTATION
• MASTER FILE AND COUNTRY-BY-COUNTRY REPORTING
• MASTER FILE – RULE 10DA – MONETARY THRESHOLD FOR MAINTENANCE OF MASTER FILE
• MANNER OF FILING OF MASTER FILE
• MASTER FILE RULE 10DA – TIME-LIMIT FOR FILING OF MASTER FILE IN FORM 3CEAA
• MASTER FILE – RULE 10DA – INFORMATION TO BE MAINTAINED FOR MASTER FILE
• MONETARY THRESHOLD FOR MAINTENANCE OF COUNTRY-BY-COUNTRY REPORT
• INTIMATION IN FORM 3CEAC
• CBC REPORTING BY INDIAN ENTITY WHERE IT IS MEMBER OF INTERNATIONAL GROUP
• SAFEGUARDS TO AVOID DUPLICATION
• NON-COMPLIANCE WITH CBC PROVISIONS
  PENALTY FOR NON-FURNISHING OF REPORT
  PENALTY FOR FAILURE TO PRODUCE INFORMATION AND DOCUMENTS
  PENALTY FOR FILING OF INACCURATE INFORMATION IN CBC REPORT
• DEFINITION OF “INTERNATIONAL GROUP”
• DEFINITION OF GROUP
• DEFINITION OF CONSTITUENT ENTITY
• DEFINITION OF PARENT ENTITY
• DEFINITION OF REPORTING ENTITY
• DEFINITION OF ALTERNATE REPORTING ENTITY
• DEFINITION OF SYSTEMATIC FAILURE
• DEFINITION OF ACCOUNTING YEAR
• DEFINITION OF AGREEMENT
• DEFINITION OF CONSOLIDATED FINANCIAL STATEMENT

31. SPECIFIED DOMESTIC TRANSACTIONS INTERNATIONAL TAXATION

• TRANSFER PRICING ON INCOME FROM DOMESTIC RELATED PARTY TRANSACTIONS – [SECTION 92(2A)]
• MEANING OF “SPECIFIED DOMESTIC TRANSACTION” – [SECTION 92BA]
• THRESHOLD FOR SPECIFIED DOMESTIC TRANSACTION
• COMPUTATION OF ARM’S LENGTH PRICE AND INCOME OF A SPECIFIED DOMESTIC TRANSACTION [SECTIONS 92 & 92C]
• MAINTENANCE OF INFORMATION AND DOCUMENTS AND FURNISH REPORT OF AN ACCOUNTANT [SECTION 92D & 92E
• PENALTY PROVISIONS APPLICABLE TO SPECIFIED DOMESTIC TRANSACTIONS
• MARKET VALUE TO BE THE ARM’S LENGTH PRICE OF GOODS OR SERVICES IN A SPECIFIED DOMESTIC TRANSACTION [SECTION 80A & 80-IA(8)]
• PROFIT FROM TRANSACTIONS BETWEEN AN ASSESSEE CARRYING ON “ELIGIBLE BUSINESS” AND OTHER ASSESSEES TO BE DETERMINED AS PER ARM’S LENGTH PRICE [SECTION 80-IA(10)]
• TRANSFER PRICING RULES FOR SPECIFIED DOMESTIC TRANSACTIONS [NOTIFICATION NO. 41/2013 DATED 10.06.2013]
• DEFINITION OF “ASSOCIATED ENTERPRISE” [RULE 10A]
• DEFINITION OF “ENTERPRISE” [RULE 10A]
• DETERMINATION OF ALP UNDER SECTION 92C – [RULE 10B]
• MOST APPROPRIATE METHOD – [RULE 10C]
• TRANSFER PRICING RULES FOR SPECIFIED DOMESTIC TRANSACTIONS
  INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED UNDER SECTION 92D [RULE 10D]
  REPORT FROM AN ACCOUNTANT TO BE FURNISHED UNDER SECTION 92E

• AMENDMENTS MADE BY THE FINANCE ACT, 2017
• SAFE HARBOUR RULES SDT
• ELIGIBLE ASSESSEE WHO CAN OPT FOR SAFE HARBOUR RULES – RULE 10THA
• DEFINITION OF GOVERNMENT COMPANY AS PER SECTION 2(45) OF THE COMPANIES ACT, 2013
• ELIGIBLE SPECIFIED DOMESTIC TRANSACTION FOR SAFE HARBOUR RULES – RULE 10THB
• SAFE HARBOUR – CIRCUMSTANCES (RULE 10THC)
• PROCEDURE UNDER SAFE HARBOUR RULES FOR SPECIFIED DOMESTIC TRANSACTION – RULE 10THD
• INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED FOR SPECIFIED DOMESTIC TRANSACTION – RULE 10D(2A)
• INFORMATION AND DOCUMENTS TO BE KEPT AND MAINTAINED BY GOVERNMENT COMPANY ENGAGED IN THE BUSINESS OF GENERATION, SUPPLY, TRANSMISSION, OR DISTRIBUTION OF ELECTRICITY ARE AS FOLLOWS

32. SAFE HARBOUR RULES FOR INTERNATIONAL TRANSACTION

• SAFE HARBOUR RULES – SOFTWARE DEVELOPMENT SERVICES
• SAFE HARBOUR RULES – INFORMATION TECHNOLOGY ENABLED SERVICES
• SAFE HARBOUR RULES – INFORMATION TECHNOLOGY ENABLED SERVICES
• SAFE HARBOUR RULES – KNOWLEDGE PROCESS OUTSOURCING SERVICES
• SAFE HARBOUR RULES – INTRAGROUP LOANS TO NON-RESIDENT WOS IN INDIAN CURRENCY
• SAFE HARBOUR RULES – INTRAGROUP LOANS TO NON-RESIDENT WOS IN FOREIGN CURRENCY
• SAFE HARBOUR RULES – CONTRACT R & D SERVICES
• SAFE HARBOUR RULES – CORE AUTO COMPONENTS
• SAFE HARBOUR RULES – LOW VALUE-ADDING INTRA GROUP SERVICES
• MEANING OF ACCOUNTANT
• MEANING OF OPERATING EXPENSE – INCLUSION
• MEANING OF OPERATING EXPENSE – EXCLUSIONS
• MEANING OF OPERATING REVENUE
• MEANING OF OPERATING PRORIT MARGIN
• MEANING OF EMPLOYEE COST
• MEANING OF RELEVANT PREVIOUS YEAR

33. TRANSFER PRICING ASSESSMENT procedure in India
34. APPEAL PROCEDURE
35. POWER OF ASSESSING OFFICER TO DETERMINE THE ARM’S LENGTH PRICE
36. REFERENCE TO TRANSFER PRICING OFFICER [SECTION 92CA]
37. RECTIFICATION OF TPO ORDER
38. POWERS OF TPO
39. SECONDARY ADJUSTMENT – SECTION 92CE

• MEANING OF SECONDARY ADJUSTMENT – SECTION 92CE(3)(V)
• FORMS OF SECONDARY ADJUSTMENT
• CASES WHERE SECONDARY ADJUSTMENT TO BE MADE
• NON-REPATRIATION OF EXCESS MONEY BY THE AE DEEMED TO BE AN ADVANCE
• TIME-LIMIT FOR REPATRIATION OF EXCESS MONEY TO INDIA – RULE 10CB
• RATE AT WHICH INTEREST INCOME SHALL BE COMPUTED UNDER SECONDARY ADJUSTMENT – RULE 10CB
• EXEMPTION FROM SECONDARY ADJUSTMENT

40. DISPUTE RESOLUTION MECHANISM UNDER TRANSFER PRICING

• DISPUTE RESOLUTION PANEL  – [SECTION 144C] – FEATURES
• PROCEDURE TO BE FOLLOWED BY ASSESSEE UNDER DRP ROUTE
• DISPUTE RESOLUTION MECHANISM – APPEAL BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS) – [SECTIONS 246A, 249 & 250]
• KEY DIFFERENCES BETWEEN THE DRP AND THE APPEAL PROCESS BEFORE THE CIT (A)
• DISPUTE RESOLUTION MECHANISM – APPEAL BEFORE THE INCOME TAX APPELLATE TRIBUNAL [SECTIONS 253 & 254]
• DISPUTE RESOLUTION MECHANISM – APPEAL BEFORE THE HIGH COURT [SECTION 260A]
• DISPUTE RESOLUTION MECHANISM – APPEAL BEFORE THE SUPREME COURT [SECTIONS 261 & 262]

41. ADVANCE PRICING AGREEMENT

• WHAT IS ADVANCE PRICING AGREEMENT (‘APA’) ?
• APPLICATION OF APA – BINDING NATURE
• TYPES OF APA – UNILATERAL, BILATERAL AND MULTILATERAL
• REQUIREMENTS TO REQUEST FOR BILATERAL OR Multilateral APA
• ADVANTAGES OF APA PROGRAM
• PURPOSE OF APA – SECTION 92CC
• MANNER OF DETERMINATION OF ALP IN APA – SECTION 92CC
• VALIDITY PERIOD OF APA – SECTION 92CC
• BINDING NATURE OF APA – SECTION 92CC
• APPLICABILITY OF APA in case of change in law or facts – SECTION 92CC
• CONDITIONS TO DECLARE APA AS VOID AB INITIO – SECTION 92CC
• CONSEQUENCES OF DECLARATION OF AN APA AS VOID AB INITIO – SECTION 92CC
• PROCEEDING DEEMED TO BE PENDING IN CASE OF APA– SECTION 92CC
• APA RULES
• PERSON ELIGIBLE TO APPLY FOR APA – RULE 10G
• PRE-FILING CONSULTATION UNDER APA – RULE 10H
• APPLICATION FOR APA – RULE 10I
• TIME LIMIT FOR FILING APA – RULE 10I
• APPROVAL OF CENTRAL GOVERNMENT
• TERMS OF APA – RULE 10M – INCLUSIONS IN AN APA
• TERMS OF APA – RULE 10M – CHANGE IN CONDITIONS/ CRITICAL ASSUMPTIONS
• Furnishing of annual compliance report – Rule 10-O
• COMPLIANCE AUDIT OF THE AGREEMENT – RULE 10P
• FAQ’S ON ANNUAL COMPLIANCE AUDIT
• REVISION OF AN APA – RULE 10Q
• CANCELLATION OF AN APA – RULE 10R
• OPERATION OF TRANSFER PRICING PROVISIONS IN CASE OF PENDING APA APPLICATION
• NEGOTIATION IN CASE OF APA
• PROVISION FOR ROLL BACK IN APA SCHEME – SECTION 92CC
• MANNER FOR DETERMINING ARM LENGTH PRICE TO BE THE SAME FOR ROLLBACK YEARS AND OTHER PREVIOUS YEARS
• FILING APPLICATION FOR ROLLBACK PROVISION
• PROCEDURE FOR GIVING EFFECT TO ROLLBACK – RULE 10RA
• MISCELLANEOUS FAQS ON ROLLBACK PROVISION

42. MUTUAL AGREEMENT PROCEDURE

• MEANING OF MAP
• APPLICATION  OF MAP
• CATEGORIES OF DISPUTES COVERED UNDER MAP
• JURIDICAL DOUBLE TAXATION AND ECONOMIC DOUBLE TAXATION MEANING OF MAP
• MECHANISM UNDER MAP
• NEED FOR MAP
• APPLICATION FOR GIVING EFFECT TO MAP
• STEPS INVOLVED IN THE MAP APPLICATION PROCESS
• TYPICAL MAP PROCESS IN INDIA
• INDIAN STATUTORY REGIME – MAP [RULE 44H] – ACTION BY INDIAN COMPETENT AUTHORITY ON  REFERENCE FROM FOREIGN COMPETENT AUTHORITY
• OUTCOME OF MAP PROCESS
• DRAWBACKS OF THE MAP PROCESS

43. MISCELLANEOUS TRANSFER PRICING PROVISIONS

• NOTIFIED JURISDICTIONAL AREA – SECTION 94A
• INSERTION OF SECTION 94B – LIMITATION ON INTEREST DEDUCTION
• AVOIDANCE OF INCOME TAX BY TRANSFER OF INCOME TO NON RESIDENT – SECTION 93

1. INTRODUCTION TO NON RESIDENT TAXATION

• RESIDENCE BASED TAXATION
• DEFINITION OF ASSESSEE – SECTION 2(7)
• DEFINITION of PERSON – SECTION 2(31)
• DEFINITION of ASSESSMENT YEAR – SECTION 2(9)
• DEFINITION OF PREVIOUS YEAR – SECTION 3
• DEFINITION of DOMESTIC COMPANY – SECTION 2(22a)
• DEFINITION OF FOREIGN COMPANY – SECTION 2(23a)
• DEFINITION OF INDIA – SECTION 2(25a)
• DEFINITION of RESIDENT – SECTION 2(42)
• DEFINITION of NON RESIDENT – SECTION 2(30)
• DEFINITION OF TRANSFER – SECTION 2(47)

2. CHARGE OF INCOME TAX – SECTION 4

• CHARGE OF INCOME-TAX FOR INCOME PERTAINING TO THE PREVIOUS YEAR – SECTION 4(1)
• CHARGE OF INCOME-TAX FOR INCOME PERTAINING TO OTHER THAN THE PREVIOUS YEAR – PROVISO TO SECTION 4(1)
• DEDUCTION OF TAX OR PAYMENT OF ADVANCE TAX – SECTION 4(2)
• RATES OF TAX, SURCHARGE AND CESS FOR FOREIGN COMPANIES AS PER INCOME TAX ACT, 1961

3. RESIDENTIAL STATUS – SECTION 6

• RESIDENTIAL STATUS OF AN INDIVIDUAL
• HOW TO DETERMINE PERIOD OF STAY IN INDIA FOR AN INDIAN CITIZEN, BEING A CREW MEMBER ? – RULE 126
• RESIDENTIAL STATUS OF A HUF, FIRM, AOP/BOI, LOCAL AUTHORITIES AND ARTIFICIAL JURIDICAL PERSONS

4. RESIDENTIAL STATUS OF A COMPANY – UP-TO ASSESSMENT YEAR 2016-17
5. RESIDENTIAL STATUS OF A COMPANY – FROM ASSESSMENT YEAR 2017-18 AND ONWARDS

• MEANING – PLACE OF EFFECTIVE MANAGEMENT (“POEM”)
• NON APPLICABILITY OF POEM
• IMPORTANCE OF POEM
• GUIDING PRINCIPLE FOR DETERMINATION OF POEM
• WHAT IS ACTIVE BUSINESS OUTSIDE INDIA?
• USAGE OF AVERAGE DATA TO DETERMINE POEM
• ACCOUNTING YEAR PERIOD DIFFERENT FROM PREVIOUS YEAR
• MEANING OF PASSIVE INCOME
• MEANING OF INCOME
• HOW TO DETERMINE VALUE OF ASSETS?
• HOW TO COMPUTE NUMBER OF EMPLOYEES?
• MEANING OF PAYROLL
• FACTORS TO BE CONSIDERED TO DETERMINE POEM
• AO TO SEEK TWO STAGE APPROVAL FOR TREATING POEM OF FOREIGN COMPANY IN INDIA

6. SPECIAL PROVISIONS FOR FOREIGN COMPANY SAID TO BE RESIDENT IN INDIA – SECTION 115JH
7. SCOPE OF TOTAL INCOME – SECTION 5
8. INCOME DEEMED TO BE RECEIVED IN INDIA – SECTION 7
9. INCOME DEEMED TO ACCRUE OR ARISE IN INDIA – SECTION 9

• INCOME ACCRUING OR ARISING FROM ANY BUSINESS CONNECTION/ PROPERTY/ SOURCE OF INCOME IN INDIA – SECTION 9(1)(I)

10. TAXABILITY OF OFFSHORE FUNDS
11. ACTIVITIES CONFINED TO DISPLAY OF ROUGH DIAMONDS IN SNZS [EXPLANATION 1(E) TO SECTION 9(1)(I)]
12. INCOME THROUGH OR FROM ANY PROPERTY, ASSET OR SOURCE OF INCOME IN INDIA – SECTION 9(1)(I)
13. INCOME FROM SALARIES EARNED IN INDIA – SECTION 9(1)(II)
14. SALARY PAYABLE BY GOVERNMENT FOR SERVICES RENDERED OVERSEAS – SECTION 9(1)(III)
15. DIVIDEND PAID BY AN INDIAN COMPANY OUTSIDE INDIA – SECTION 9(1)(IV)
16. DEEMED INTEREST INCOME – SECTION 9(1)(V)
17. DEEMED ACCRUAL/ARISING OF ROYALTY INCOME – SECTION 9(1)(VI)
18. FEES FOR TECHNICAL SERVICES – SECTION 9(1)(vii)
19. FACTORS THAT DO NOT EFFECT TAXATION OF INTEREST, ROYALTY AND FTS – EXPLANATION TO SECTION 9(2)
20. EXEMPT INCOME OF NON-RESIDENTS

• INTEREST INCOME FROM NOTIFIED SECURITIES AND BONDS – SECTION 10(4)(I)
• INTEREST INCOME EARNED IN NRE ACCOUNT – SECTION 10(4)(II)
• INTEREST ON SAVINGS CERTIFICATES – SECTION 10(4B)
• EXEMPTION OF INTEREST INCOME ON CERTAIN SECURITIES AND NRE ACCOUNT – SECTION 10(4)
• REMUNERATION OF FOREIGN EMPLOYEE – SECTION 10(6)(VI) (SOMETIMES CALLED SHORT STAY EXEMPTION)
• EMPLOYMENT OF NON-CITIZEN ON A FOREIGN SHIP – SECTION 10(6)(VIII)
• REMUNERATION OF FOREIGN GOVERNMENT EMPLOYEE FOR SPECIFIED TRAINING – SECTION 10(6)(XI)
• TAX ON ROYALTY OR FEES FOR TECHNICAL SERVICES DERIVED BY FOREIGN COMPANIES – SECTION 10(6A)
• TAX ON OTHER INCOME DERIVED BY NON RESIDENT NON CORPORATE ASSESSEE/ FOREIGN COMPANIES – SECTION 10(6B)
• TAX ON INCOME FROM LEASING OF AIRCRAFT ETC. DERIVED BY FOREIGN COMPANIES – SECTION 10(6BB)
• INCOME FROM SERVICES FOR PROJECTS CONNECTED WITH INDIAN SECURITY – SECTION 10(6C)
• INCOME OF AN INDIVIDUAL TECHNICAL ASSISTANCE PROGRAMMES – SECTION 10(8)
• REMUNERATION OF CONSULTANT / THEIR FOREIGN EMPLOYEES AND FAMILY MEMBERS – SECTION 10(8A)
• REMUNERATION TO EMPLOYEES OF CONSULTANT – SECTION 10(8B)
• INTEREST INCOME ARISING TO CERTAIN PERSON
• INCOME OF EUROPEAN ECONOMIC COMMUNITY (EEC) – SECTION 10(23BBB)
• INCOME OF SAARC FUND FOR REGIONAL PROJECTS – SECTION 10(23BBC)
• EXEMPTION RELATING TO CRUDE OIL SALE AND STORAGE

21. PRESUMPTIVE TAXATION FOR NON-RESIDENTS – INTRODUCTION

• SHIPPING BUSINESS OF NON RESIDENTS – Who can opt for presumptive tax provisions OF Section 44B
• SHIPPING BUSINESS OF NON RESIDENTS – Section 44B Specified receipts
• PRESUMPTIVE TAX PROVISION OF SECTION 44B OVERRIDES SECTION 28 TO 43A
• ASSESSMENT AND COLLECTION OF TAX OF NON-RESIDENT ENGAGED IN SHIPPING BUSINESS – SECTION 172
• Comparison between provisions of Section 44B and Section 172
• PROFITS AND GAINS IN CONNECTION WITH THE BUSINESS OF EXPLORATION ETC. OF MINERAL OILS – SECTION 44BB
• SPECIAL PROVISION FOR COMPUTING PROFITS AND GAINS OF THE BUSINESS OF OPERATION OF AIRCRAFT IN THE CASE OF NON-RESIDENTS – SECTION 44BBA
• FOREIGN COMPANIES ENGAGED IN THE BUSINESS OF CIVIL CONSTRUCTION ETC. IN CERTAIN TURNKEY POWER PROJECTS – SECTION 44BBB
• DEDUCTION IN RESPECT OF HEAD OFFICE EXPENSES OF NON-RESIDENTS – SECTION 44C
• INCOME BY WAY OF ROYALTIES AND FEES FOR TECHNICAL SERVICES IN CASE OF NON-RESIDENTS [SECTION 44DA]

22. YEAR OF TAXABILITY OF CAPITAL GAINS – SECTION 45
23. CONDITIONS TO BE SATISFIED FOR CHARGEABILITY OF CAPITAL GAINS TAX – SECTION 45
24. MEANING OF CAPITAL ASSET – SECTION 2(14)
25. NO EXEMPTION U/S 10 ON URBAN AGRICULTURAL LAND – EXPLANATION 1 TO SECTION 2(1A)
26. SHORT TERM AND LONG-TERM CAPITAL ASSET
27. TRANSACTIONS NOT REGARDED AS TRANSFER -SECTION 47
28. MODE OF COMPUTATION OF CAPITAL GAINS – SECTION 48
29. SHORT TERM CAPITAL GAINS TAX IN RESPECT OF EQUITY SHARES/ UNITS OF AN EQUITY ORIENTED FUND – SECTION 111A
30. TAX ON LONG TERM CAPITAL GAINS – SECTION 112
31. SPECIAL PROVISIONS PRESCRIBED UNDER CHAPTER XII – A
32. MAT ON FOREIGN COMPANIES
33. SPECIAL PROVISIONS RELATING TO CONVERSION OF INDIAN BRANCH OF A FOREIGN BANK INTO A SUBSIDIARY COMPANY – CHAPTER XII-BB
34. WITHHOLDING TAX FROM PAYMENTS TO NON-RESIDENTS

• SALARY PAYABLE IN FOREIGN CURRENCY – SECTION 192
• WINNINGS FROM LOTTERIES, CROSSWORD PUZZLES AND HORSE RACES – SECTION 194B AND 194BB
• PAYMENTS TO NON-RESIDENT SPORTSMEN OR SPORTS ASSOCIATION – SECTION 194E
• SPECIAL RATE OF TAX ON INTEREST RECEIVED FROM NOTIFIED INFRASTRUCTURE DEBT FUNDS – SECTION 115A
• INCOME BY WAY OF INTEREST FROM INFRASTRUCTURE DEBT FUND – SECTION 194LB
• INCOME FROM UNITS OF A BUSINESS TRUST TO NON-RESIDENT – SECTION 194LBA
• INCOME OF UNITS OF INVESTMENT FUND OF NON-RESIDENT UNIT HOLDERS – SECTION 194LBB
• INCOME IN RESPECT OF INVESTMENT MADE IN A SECURITISATION TRUST – SECTION 194LBC
• INCOME BY WAY OF INTEREST FROM AN INDIAN COMPANY ON FOREIGN CURRENCY BORROWINGS – SECTION 194LC
• INTEREST ON GOVERNMENT SECURITIES OR RUPEE-DENOMINATED BONDS OF AN INDIAN COMPANY – SECTION 194LD
• APPLICABILITY OF WITHHOLDING TAX ON PAYMENT OF INTEREST OR ANY OTHER SUM TO NON-RESIDENT – SECTION 195(1)
• RELEVANCE OF BUSINESS CONNECTION FOR WITHHOLDING TAX – EXPLANATION 2 TO SECTION 195(1)
• WITHHOLDING TAX WHEN INTEREST IS PAYABLE BY GOVERNMENT OR PUBLIC SECTOR BANK – SECTION 195(1)
• NO WITHHOLDING TAX ON DIVIDEND PAYMENT TO NON-RESIDENT – SECTION 195(1)
• APPLICATION BY PAYOR TO AO TO DETERMINE THE APPROPRIATE PROPORTION OF SUM CHARGEABLE TO TAX – SECTION 195(2)
• CERTIFICATE OF NON-DEDUCTION OF TAX AT SOURCE – SECTION 195(3)
• VALIDITY PERIOD OF CERTIFICATE OF NON-DEDUCTION OF TAX AT SOURCE – SECTION 195(4)
• FURNISHING OF FORM 15CA/15CB FOR PAYMENTS TO NON-RESIDENT – SECTION 195(6)
• PROCEDURE FOR REFUND OF TDS UNDER SECTION 195
• Income payable net of tax – Section 195A
• INCOME FROM UNITS – SECTION 196B
• INCOME FROM FOREIGN CURRENCY BONDS OR SHARES OF INDIAN COMPANY – SECTION 196C
• INCOME OF FOREIGN INSTITUTIONAL INVESTORS FROM SECURITIES – SECTION 196D
• CERTIFICATE FOR DEDUCTION OF TAX AT A LOWER RATE – SECTION 197
• CREDIT FOR TDS – SECTION 199
• RULE 37BA – CREDIT FOR TDS FOR THE PURPOSES OF SECTION 199
• HIGHER RATE OF TDS ON NON-FURNISHING OF PAN TO DEDUCTOR – SECTION 206AA(1)
• NON-FURNISHING OF PAN IN FORM 15G/15H DECLARATION – SECTION 206AA(2)/ (3)
• NON – FURNISHING OF PAN IN CERTIFICATE FOR LOWER DEDUCTION OR NIL DEDUCTION OF TDS – SECTION 206AA(4)
• NON-APPLICABILITY OF SECTION 206AA ON INTEREST PAYMENTS – Section 206AA(7)
• NON-APPLICABILITY OF SECTION 206AA ON OTHER PAYMENTS TO NON-RESIDENTS- RULE 37BC

35. MISCELLANEOUS PROVISIONS FOR NON-RESIDENTS

• RETURN OF INCOME [SECTION 139]
• WHO IS REPRESENTATIVE ASSESSEE ? [SECTION 160]
• WHO MAY BE REGARDED AS AGENT ? [SECTION 163]
• WHO MAY BE REGARDED AS AGENT ? [SECTION 163]
• LIABILITY OF REPRESENTATIVE ASSESSEE – SECTION 161
• RIGHT OF REPRESENTATIVE ASSESSEE TO RECOVER TAX PAID – SECTION 162
• DIRECT ASSESSMENT OR RECOVERY NOT BARRED – SECTION 166
• REMEDIES AGAINST PROPERTY IN CASES OF REPRESENTATIVE ASSESSEES – SECTION 167
• RECOVERY OF TAX IN RESPECT OF NON-RESIDENT FROM HIS ASSETS – SECTION 173
• RECOVERY OF TAX IN RESPECT OF NON-RESIDENT FROM HIS ASSETS LOCATED IN INDIA – SECTION 173
• RECOVERY OF TAX IN RESPECT OF NON-RESIDENT FROM HIS ASSETS LOCATED OUTSIDE INDIA – SECTION 173

1. PURPOSE OF THE AUTHORITY FOR ADVANCE RULINGS (‘AAR’).
2. ENABLING PROVISIONS.
3. IMPORTANCE OF AAR.
4. ADVANTAGES OF AAR.
5. COMPOSITION OF THE AAR.
6. LOCATION OF THE AAR.
7. WHO CAN MAKE AN APPLICATION – NON RESIDENTS.
8. GAAR TRANSACTIONS COVERED WITHIN THE AMBIT OF MEANING OF “ADVANCE RULING”
9. QUESTIONS IN AN ADVANCE RULING..
10. WHEN AN ADVANCE RULING CANNOT BE SOUGHT?.
11. APPLICATION FOR ADVANCE RULINGS.
12. OTHER POINTS

1. CONCEPT OF DOUBLE TAXATION AND WHY IT ARISES ?
2. TYPES OF DOUBLE TAXATION RELIEF

• BILATERAL RELIEF
• UNILATERAL RELIEF

3. DOUBLE TAXATION RELIEF IN INDIA

• AGREEMENT WITH FOREIGN COUNTRIES OR SPECIFIED TERRITORIES – BILATERAL RELIEF – SECTION 90 (1)
• AGREEMENT WITH FOREIGN COUNTRIES OR SPECIFIED TERRITORIES – BILATERAL RELIEF – SECTION 90

4. TREATY PROVISION TO OVERRIDE INCOME TAX ACT, 1961 – SUBJECT TO GAAR – Section 90(2)
5. MODE OF COMPUTATION OF INCOME OF NON-RESIDENTS
6. RESTRICTING USE OF DTAA BY ELIGIBLE TAXPAYERS – SECTION 90(4)
7. DOUBLE TAXATION RELIEF TO BE EXTENDED TO AGREEMENTS (BETWEEN SPECIFIED ASSOCIATIONS) ADOPTED BY THE GOVERNMENT – SECTION 90A

• MEANING OF SPECIFIED ASSOCIATION AND SPECIFIED TERRITORY
• PROVISIONS APPLICABLE TO AGREEMENTS BETWEEN SPECIFIED ASSOCIATIONS ADOPTED BY THE GOVT. – SECTION 90A

8. COUNTRIES WITH WHICH NO AGREEMENT EXISTS – UNILATERAL AGREEMENTS – SECTION 91

• CONDITIONS FOR CLAIMING RELIEF U/S 91(1)
• COMPUTATION OF RELIEF U/S 91(1)
• MEANING OF INDIAN RATE OF TAX – SECTION 91
• MEANING OF RATE OF TAX OF SAID COUNTRY– SECTION 91
• INCOME-TAX IN OTHER COUNTRIES – MEANING

9. DEDUCTION OF TAX PAID ON AGRICULTURAL INCOME IN PAKISTAN – SECTION 91
10. DEDUCTION IN RESPECT OF A NON-RESIDENT’S SHARE IN THE INCOME OF A REGISTERED FIRM RESIDENT IN INDIA – SECTION 91(3)
11. TAXATION OF BUSINESS PROCESS OUTSOURCING UNITS IN INDIA – CIRCULAR NO 5/2004 DATED 28.9.2004 ISSUED BY CBDT

• TAXATION OF BUSINESS PROCESS OUTSOURCING UNITS IN INDIA – WHEN WOULD A PE COME INTO EFFECT
• TAXATION OF BUSINESS PROCESS OUTSOURCING UNITS IN INDIA – PROFIT COMPUTATION AND ATTRIBUTION

12. NEW RULE ON FOREIGN TAX CREDIT – RULE 128

• MEANING OF FOREIGN TAX CREDIT – RULE 128
• YEAR OF AVAILABILITY OF FOREIGN TAX CREDIT – RULE 128 – YEAR IN WHICH INCOME OFFERED TO TAX
• YEAR OF AVAILABILITY OF FOREIGN TAX CREDIT – RULE 128 – FTC SPREAD ACROSS ALL YEARS
• NON-AVAILABILITY OF FOREIGN TAX CREDIT– RULE 128
• MODE OF COMPUTING FOREIGN TAX CREDIT– RULE 128
• DOCUMENTS TO BE SUBMITTED FOR FOREIGN TAX CREDIT – RULE 128
• HOW TO INTERPRET MEANING OF TERMS USED IN DTAA WITH A FOREIGN COUNTRY OR SPECIFIED TERRITORY
• AVAILABILITY OF FOREIGN TAX CREDIT IN CASE OF MAT/AMT – RULE 128

1. KEY FEATURES OF THE BLACK MONEY ACT
2. APPLICABILITY AND COVERAGE OF THE BLACK MONEY ACT – SECTION 1
3. BASIS OF CHARGE – SECTION 3
4. DEFINITION OF ASSESSEE – SECTION 2(2)
5. APPLICABILITY OF BLACK MONEY ACT TO PERSONS RESIDENT IN INDIA
6. DEFINITION OF UNDISCLOSED ASSET LOCATED OUTSIDE INDIA – SECTION 2(11)
7. ASSET LOCATED OUTSIDE INDIA ACQUIRED BY NR OUT OF INCOME NOT CHARGEABLE TO TAX IN INDIA- SECTION 2(11)
8. RELEVANT PREVIOUS YEAR FOR CHARGEABILITY TO TAX – UNDISCLOSED FOREIGN INCOME – SECTION 3
9. RELEVANT PREVIOUS YEAR FOR CHARGEABILITY TO TAX – UNDISCLOSED ASSET LOCATED OUTSIDE INDIA – SECTION 3
10. VALUATION OF AN UNDISCLOSED ASSET LOCATED OUTSIDE INDIA – SECTION 3(2)

• VALUATION OF BULLION, JEWELLERY OR PRECIOUS STONE – RULE 3(1)
• VALUATION OF ARCHAEOLOGICAL COLLECTIONS, DRAWINGS, PAINTINGS, SCULPTURES OR WORK OF ART- RULE 3(1)
• VALUATION OF QUOTED SHARES AND SECURITIES- RULE 3(1)
• VALUATION OF UNQUOTED SHARES AND SECURITIES- RULE 3(1)
• VALUATION OF UNQUOTED SHARES AND SECURITIES (OTHER THAN EQUITY SHARES) – RULE 3(1)
• VALUATION OF AN INTEREST OF A PERSON IN A PARTNERSHIP FIRM /AOP /LLP – RULE 3(1)

11. TRANSFER OF ASSETS BEFORE VALUATION DATE

• WHERE ASSET WAS TRANSFERRED FOR ADEQUATE CONSIDERATION
• WHERE ASSET WAS TRANSFERRED WITHOUT CONSIDERATION OR INADEQUATE CONSIDERATION

12. VALUATION IN CASE OF ACQUISITION OF ASSET OUT OF CONSIDERATION OF OLD ASSET OR BANK ACCOUNT – RULE 3(3)
13. RATE OF CURRENCY CONVERSION TO DETERMINE FAIR MARKET VALUE OF AN ASSET – RULE 3(4)

• WHERE FAIR MARKET VALUE IS DETERMINED IN PERMITTED CURRENCY OF RBI
• WHERE FAIR MARKET VALUE IS NOT DETERMINED IN PERMITTED CURRENCY OF RBI

14. MEANING OF ESTABLISHED SECURITIES MARKET – EXPLANATION 1 TO RULE 3
15. MEANINGFUL ANNUAL VALUE OF SHARES TRADED ON THE EXCHANGE – EXPLANATION 1 TO RULE 3
16. MEANINGFUL VOLUME OF TRADING ON AN ON-GOING BASIS – EXPLANATION 1 TO RULE 3
17. MEANING OF QUOTED SHARE OR SECURITY – EXPLANATION 1 TO RULE 3
18. MEANING OF UNQUOTED SHARE AND SECURITY – EXPLANATION 1 TO RULE 3
19. VALUATION DATE FOR DETERMINING THE MARKET VALUE OF ASSET UNDER RULE 3(1)– EXPLANATION 1 TO RULE 3
20. RELEVANT DATE FOR CONVERSION OF CURRENCY TO DETERMINING THE MARKET VALUE OF ASSET UNDER RULE 3(1) – EXPLANATION 1 TO RULE 3
21. SCOPE OF TOTAL UNDISCLOSED FOREIGN INCOME AND ASSET – SECTION 4(1)
22. VARIATION MADE IN FOREIGN INCOME DURING ASSESSMENT OR REASSESSMENT- SECTION 4(2)
23. NON-INCLUSION OF UNDISCLOSED FOREIGN INCOME AND ASSET IN INCOME COMPUTED UNDER INCOME-TAX ACT- SECTION 4(3)
24. NO DISALLOWANCE AND SET-OFF FOR COMPUTATION OF TOTAL UNDISCLOSED FOREIGN INCOME AND ASSET – SECTION 5
25. DEDUCTION FROM VALUE OF UNDISCLOSED ASSET OUTSIDE INDIA
26. DEDUCTION FROM VALUE OF IMMOVABLE PROPERTY OUTSIDE INDIA
27. TAX AUTHORITIES UNDER THE BLACK MONEY ACT – SECTION 6

• Who would be Tax Authorities ?
• Which person can Tax Authorities exercise jurisdiction on ?
• JURISDICTION OF TAX AUTHORITY WHEN ASSESSEE HAS NO INCOME ASSESSABLE UNDER THE INCOME-TAX ACT – SECTION 6

28. CHANGE OF TAX AUTHORITY – SECTION 7
29. POWERS OF TAX AUTHORITY

• POWERS REGARDING DISCOVERY AND PRODUCTION OF EVIDENCE – SECTION 8(1)
• USE OF POWERS FOR INQUIRY AND INVESTIGATION- SECTION 8(2)
• POWER TO IMPOUND BOOKS AND DOCUMENTS – SECTION 8(3)
• RESTRICTIONS ON POWER TO IMPOUND BOOKS AND DOCUMENTS – SECTION 8(3)

30. PROCEEDINGS BEFORE TAX AUTHORITIES TO BE JUDICIAL PROCEEDINGS – SECTION 9(1)
31. TAX AUTHORITY DEEMED TO BE CIVIL COURT – SECTION 9(2)
32. ASSESSMENT OF FOREIGN INCOME AND ASSETS – SECTION 10

• NOTICE TO PRODUCE DOCUMENTS OR EVIDENCE – SECTION 10(1)
• INQUIRY IN RESPECT OF UNDISCLOSED FOREIGN INCOME AND ASSETS – SECTION 10(2)
• ASSESSMENT OF UNDISCLOSED FOREIGN INCOME AND ASSETS – SECTION 10(3)
• BEST JUDGEMENT ASSESSMENT- SECTION 10(4)

33. TIME LIMIT FOR COMPLETION OF ASSESSMENT AND REASSESSMENT – SECTION 11(1)/(2)
34. NON-APPLICABILITY OF THE 2-YEAR TIME LIMIT FOR COMPLETION OF ASSESSMENT- SECTION 11(3)
35. EXCLUSIONS IN COMPUTING LIMITATION PERIOD OF ASSESSMENT/REASSESSMENT – EXPLANATION 1 TO SECTION 11
36. RECTIFICATION OF MISTAKE – SECTION 12
37. NOTICE OF DEMAND – SECTION 13
38. DIRECT ASSESSMENT OR RECOVERY NOT BARRED – [SECTION 14]
39. APPEALS TO COMMISSIONER (APPEALS) – SECTION 15

• WHO CAN FILE APPEAL BEFORE COMMISSIONER (APPEALS)?
• MANNER OF FILING APPEAL
• FEES FOR FILING APPEAL
• PAYMENT OF TAX, INTEREST AND PENALTY
• Time limit for filing appeal
• ORDER BY COMMISSIONER (APPEALS)

40. APPEAL TO APPELLATE TRIBUNAL – SECTION 18

• WHO CAN FILE APPEAL BEFORE APPELLATE TRIBUNAL?
• APPEAL TO APPELLATE TRIBUNAL – SECTION 18 – TIME-LIMIT FOR FILING APPEAL

41. APPEAL TO APPELLATE TRIBUNAL – SECTION 18

• Memorandum of Cross Objections (Rule 7(2))
• PROCEDURE FOR FILING APPEAL TO APPELLATE TRIBUNAL – RULE 7
• FORM FOR FILING MEMORANDUM OF CROSS OBJECTION
• FEES FOR FILING APPEAL

42. APPEAL TO HIGH COURT – SECTION 19

• SUBSTANTIAL QUESTION OF LAW
• Time-limit for filing appeal
• FILING APPEAL AFTER EXPIRY OF 120 DAYS
• APPLICABILITY OF CODE OF CIVIL PROCEDURE

43. APPEAL TO SUPREME COURT – SECTION 21

• HIGH COURT CERTIFICATION
• APPLICABILITY OF CODE OF CIVIL PROCEDURE

44. REVISION OF ORDERS PREJUDICIAL TO REVENUE – SECTION 23
45. REVISION OF OTHER ORDERS – SECTION 24
46. PAYMENT OF TAX DURING PENDING APPEAL
47. RECOVERY OF TAX DUES BY ASSESSING OFFICER -SECTION 30
48. RECOVERY OF TAX DUES BY TAX RECOVERY OFFICER – SECTION 31
49. MODES OF RECOVERY OF TAX DUES – SECTION 32
50. TAX RECOVERY OFFICER BY WHOM RECOVERY OF TAX DUES IS TO BE EFFECTED – SECTION 33
51. RECOVERY OF TAX DUES IN CASE OF A COMPANY IN LIQUIDATION – SECTION 34
52. LIABILITY OF MANAGER OF A COMPANY – SECTION 35
53. JOINT AND SEVERAL LIABILITY OF PARTICIPANTS -SECTION 36
54. RECOVERY THROUGH STATE GOVERNMENT- SECTION 37
55. RECOVERY OF TAX DUES IN PURSUANCE OF DTAA OR TAX INFORMATION EXCHANGE AGREEMENT- SECTION 38
56. RECOVERY BY SUIT OR UNDER OTHER LAW NOT AFFECTED – SECTION 39
57. INTEREST FOR DEFAULT IN FURNISHING RETURN AND PAYMENT OR DEFERMENT OF ADVANCE TAX – SECTION 40
58. PENALTY IN RELATION TO UNDISCLOSED FOREIGN INCOME AND ASSET – SECTION 41
59. PENALTY FOR FAILURE TO FURNISH RETURN FOR FOREIGN INCOME AND ASSET – SECTION 42
60. PENALTY FOR FAILURE TO FURNISH INFORMATION OF FOREIGN ASSET OR FOREIGN INCOME IN RETURN OF INCOME – SECTION 43
61. DETERMINATION OF VALUE OF FOREIGN BANK ACCOUNT IN INR – EXPLANATION TO SECTION 42
62. PENALTY FOR DEFAULT IN PAYMENT OF TAX ARREAR -SECTIONS 44
63. PENALTY FOR OTHER DEFAULTS – SECTION 45
64. PROCEDURE FOR IMPOSING PENALTY – SECTION 46
65. PRIOR APPROVAL OF JOINT COMMISSIONER FOR IMPOSING PENALTY – SECTION 46
66. BAR OF LIMITATION FOR IMPOSING PENALTY – SECTION 47
67. OFFENCES AND PROSECUTION – CHAPTER V

• PROVISIONS OF CHAPTER V NOT IN DEROGATION OF ANY OTHER LAW [SECTION 48]
• PUNISHMENT FOR FAILURE TO FURNISH RETURN IN RESPECT OF FOREING INCOME AND ASSET – SECTION 49
• PUNISHMENT FOR FAILURE TO FURNISH INFORMATION OF FOREIGN ASSET OR FORIEGN INCOME IN RETURN OF INCOME – SECTION 50
• PUNISHMENT FOR WILLFUL ATTEMPT TO EVADE TAX -SECTION 51
• MEANING OF WILLFUL ATTEMPT TO EVADE TAX – SECTION 51
• PUNISHMENT FOR FALSE STATEMENT IN VERIFICATION -SECTION 52
• PUNISHMENT FOR ABETMENT – SECTION 53
• PRESUMPTION AS TO CULPABLE MENTAL STATE – SECTION 54
• PROSECUTION TO BE AT INSTANCE OF PRINCIPAL CHIEF CIT OR CHIEF CIT OR PRINCIPAL CIT OR CIT – SECTION 55
• PERSON-IN-CHARGE DEEMED TO BE GUILTY OF OFFENCE in case of company – Section 56(1)
• DIRECTOR, MANAGER, SECRETARY DEEMED TO BE GUILTY OF OFFENCE – SECTION 56(3)
• IMPRISONMENT AND FINE – SECTION 56(4)
• MEANING OF ‘COMPANY’ AND ‘DIRECTOR’ – SECTION 56(5)
• PROOF OF ENTRIES IN RECORDS OR DOCUMENTS – SECTION 57
• PUNISHMENT FOR SECOND AND SUBSEQUENT OFFENCES – SECTION 58

68. AGREEMENT WITH FOREIGN COUNTRIES OR SPECIFIED TERRITORIES – SECTION 73
69. MODES OF SERVING NOTICE – SECTION 74
70. ADDRESS FOR COMMUNICATION OF NOTICE BY POST OR APPROVED COURIER SERVICE – SECTION 74 READ WITH RULE 14
71. E-MAIL ADDRESS FOR COMMUNICATION OF NOTICE – SECTION 74 READ WITH RULE 14
72. AUTHENTICATION OF NOTICES AND OTHER DOCUMENTS – SECTION 75
73. NOTICE DEEMED TO BE VALID IN CERTAIN CIRCUMSTANCES – SECTION 76
74. APPEARANCE BY APPROVED VALUER IN CERTAIN MATTERS OR AUTHORIZED REPRESENTATIVE – SECTIONS 77 & 78
75. MEANING OF AUTHORISED REPRESENTATIVE – SECTION 78
76. ROUNDING OFF OF INCOME, VALUE OF ASSET AND TAX – SECTION 79
77. CONGNIZANCE OF OFFENCE – SECTION 80
78. ASSESSMENT NOT TO BE INVALID ON CERTAIN GROUNDS – SECTION 81
79. BAR OF SUITS IN CIVIL COURTS – SECTION 82
80. INCOME-TAX PAPERS TO BE AVAILABLE FOR THE PURPOSES OF THE BLACK MONEY ACT – SECTION 83
81. APPLICATION OF PROVISIONS OF THE INCOME-TAX ACT – SECTION 84
82. AMENDMENT OF PREVENTION OF MONEY-LAUNDERING ACT, 2002 – SECTION 88

• Article 1 – Persons Covered
• Article 2 – Taxes Covered – Part 1
• Article 3 – General definitions
• Article 4 – Residence
• Article 5 – Permanent Establishment
• Article 7 – Business profits
• Article 11- Interest
• Article 12 – Royalty and Fees for Technical Services
• Article 13 – Capital Gains
• Article 14 – Independent Personal Services
• Article 21 – Other income
• Article 23 – Elimination of double taxation
• Article 24 – Non-discrimination
• Article 25 – Mutual Agreement Procedure
• Article 26 – Exchange of information

1. ORIGINATION OF INTERNATIONAL TAX LAW…
2. DOUBLE TAXATION AND CONNECTING FACTORS.
3. DEFINITION OF TREATY.
4. DEFINITION OF DOUBLE TAXATION AVOIDANCE AGREEMENT (“DTAA”).
5. DIRECTIVE PRINCIPLES FOR INTERNATIONAL AGREEMENTS UNDER INDIAN CONSTITUTION..
6. ROLE OF VIENNA CONVENTION IN APPLICATION AND INTERPRETATION OF TAX TREATIES.
7. INDIAN JUDICIARY ON PRINCIPLES OF INTERPRETATION IN VIENNA CONVENTION..
8. ARTICLE 33: INTERPRETATION OF TREATIES AUTHENTICATED IN TWO OR MORE LANGUAGES – INDIA
9. AGREEMENT ON EXCHANGE OF INFORMATION ON TAX MATTERS OR TAX INFORMATION AND EXCHANGE AGREEMENT (TIEA).
10. INTERPRETATION OF TREATIES – MONIST VIEW…
11. INTERPRETATION OF TREATIES – DUALISTIC VIEW…
12. INTERPRETATION OF TREATIES – TREATY OVER DOMESTIC LAW…
13. INTERNATIONAL TAX CONFLICTS AND DOUBLE TAXATION – INTRODUCTION..
14. BASIC PRINCIPLES OF INTREPRETATION OF A TREATY.
15. CUSTOMARY INTERNATIONAL LAW OF TREATY INTERPRETATION – OBJECTIVE INTERPRETATION..
16. CUSTOMARY INTERNATIONAL LAW OF TREATY INTERPRETATION – SUBJECTIVE INTERPRETATION
17. CUSTOMARY INTERNATIONAL LAW OF TREATY INTERPRETATION – PURPOSIVE INTERPRETATION
18. CUSTOMARY LAW OF TREATY INTERPRETATION – PRINCIPLE OF EFFECTIVENESS AND CONTEMPORANEA EXPOSITIO
19. CUSTOMARY LAW OF TREATY INTERPRETATION – LIBERAL CONSTRUCTION..
20. EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY.

• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – PROVISIONS IN PARALLEL TAX TREATIES
• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – INTERNATIONAL ARTICLES/ESSAYS/REPORTS
• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – CAHIERS PUBLISHED BY IFA, NETHERLANDS
• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – PROTOCOL.
• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – PREAMBLE.
• EXTRINSIC AIDS TO INTERPRETATION OF A TAX TREATY – MUTUAL AGREEMENT PROCEDURE.
• COMMENTARIES ON OECD/UN MODELS.
• OECD Commentary.
• UN Commentary.
• APPROACHES IN INTERPRETATION OF TERMS – STATIC V/S AMBULATORY.

21. OBJECTIVES OF TAX TREATIES.
22. OBJECTIVE OF DTAAs
23. PURPOSE OF ENTERING INTO A DTAA INTO INDIAN CONTEXT – SECTION – 90(1)

MODULE 8A- ANTI-AVOIDANCE MEASURES – CA FINAL INTERNATIONAL TAXATION 

1. TAX AVOIDANCE..
2. KINDS OF ANTI-AVOIDANCE MEASURES..
3. NEED TO DISTINGUISH BETWEEN LEGITIMATE TAX PLANNING OR “TAX AVOIDANCE” AND “TAX EVASION”

• TAX PLANNING..
• TAX EVASION..
• TAX AVOIDANCE.

4. METHODS OF USING THE TAX AVOIDANCE TECHNIQUES..

• JUDICIAL ANTI-AVOIDANCE DOCTRINES.
• JUDICIAL ANTI-AVOIDANCE DOCTRINES – BUSINESS PURPOSE RULE.
• JUDICIAL ANTI-AVOIDANCE DOCTRINES – SUBSTANCE OVER FORM RULE.
• FACES OF SUBSTANCE OVER FORM RULE.
• LEGAL V. ECONOMIC SUBSTANCE.
• SHAM TRANSACTIONS.
• DOCTRINE OF THE LABEL (“WRONG CHARACTERIZATION”).
• STEP-TRANSACTION DOCTRINE.
• PIERCING THE CORPORATE VEIL.
• OTHER CIVIL DOCTRINES.
• JUDICIAL ANTI-AVOIDANCE DOCTRINES IN INDIAN SCENARIO..
• THE MCDOWELL’S CASE- LANDMARK JUDGMENT.
• AZADI BACHAO ANDOLAN’S CASE.
• VODAFONE’S CASE.

5. LEGISLATIVE ANTI-AVOIDANCE MEASURES..

• Specific Anti Avoidance Rules.
• General Anti-Avoidance Rules.

6. OVERVIEW OF VARIOUS ANTI-AVOIDANCE MEASURES IN DIFFERENT COUNTRIES
7. EVALUATION OF INDIAN GAAR PROVISION, ITS OBJECTIVE AND ENACTMENT IN LAW – OVERVIEW OF INDIAN GAAR PROVISIONS..

• OVERVIEW OF INDIAN GAAR PROVISIONS – SECTION 95.
• OVERVIEW OF INDIAN GAAR PROVISIONS – SECTION 96.
• SPLITTING OF CONTRACT.
• SPLITTING OF SHAREHOLDING..
• MAT EXEMPTION..
• LOW TAX JURISDICTION – INTEREST DEDUCTION..
• DEEMED DIVIDEND – LOW TAX JURISDICTION..
• INTERMEDIATE HOLDING COMPANY.
• OVERVIEW OF INDIAN GAAR PROVISIONS- SECTION 97.
• OVERVIEW OF INDIAN GAAR PROVISIONS- SECTION 98.
• OVERVIEW OF INDIAN GAAR PROVISIONS – SECTION 99.
• OVERVIEW OF INDIAN GAAR PROVISIONS – SECTION 101.

8. GAAR EXAMPLE – 1 TAX MITIGATION SETTING UP AN UNDERTAKING IN AN SEZ

• GAAR EXAMPLE – 1A – TAX MITIGATION DIVERTING PRODUCTION TO AN UNDERTAKING IN AN SEZ
• GAAR EXAMPLE – 1 TAX MITIGATION – SELLING BY NON SEZ TO SEZ UNIT AT LESS THAN MARKET VALUE
• GAAR EXAMPLE 1A – TAX MITIGATION – SHIFTING EXPORTS TO SEZ UNIT.

9. FAQs ON GAAR- CIRCULAR NO. 7 OF 2017 DATED 27-1-2017.
10. WHAT IS TREATY SHOPPING?.

• TREATY SHOPPING STRUCTURE.
• TREATY SHOPPING STRUCTURE – DIRECT CONDUITS.
• TREATY SHOPPING STRUCTURE – STEPPING STONE CONDUIT.
• TREATY SHOPPING STRUCTURE – OTHER STRUCTURES.

11. MAIN CATEGORIES OF ANTI-TREATY SHOPPING MEASURES CURRENTLY IN USE
12. MEASURES FOR ANTI – TREATY SHOPPING IN TAX TREATIES..

• BENEFICIAL OWNERSHIP.
• LIMITATION ON BENEFIT CLAUSE (LOB).

MODULE 8B – BEPS – CA FINAL INTERNATIONAL TAXATION 

13. ACTION PLANS TO COUNTER BASE EROSION AND PROFIT SHIFTING..

• MEANING OF BEPS.
• BEPS DISADVANTAGES.

14. BEPS ACTION PLANS..
15. IMPLEMENTATION OF THE BEPS ACTIONS..

• Time frame for Action Plans.
• Role of the G20 in BEPS Project.

16. BEPS Action Plan and Tax Competition..

• Risk of not addressing harmful tax practices.
• BEPS Action Plan & “tax havens”.
• Is BEPS effectively a tax increase on multinationals ?.
• BEPS Action Plan and offshore tax evasion.

17. ACTION PLAN – 1 – ADDRESS THE TAX CHALLENGE OF THE DIGITAL ECONOMY

• ACTION PLAN – 1 – ADDRESS THE TAX CHALLENGE OF THE DIGITAL ECONOMY.
• ACTION PLAN – 2 – NEUTRALIZE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS.
• ACTION PLAN – 2 – NEUTRALIZE THE EFFECTS OF HYBRID MISMATCH ARRANGEMENTS- RECOMMENDED AMENDMENTS.
• ACTION PLAN – 2 – NEUTRALIZE THE EFFECTS OF HYBRID..
• ACTION PLAN – 3 – STRENGTHEN CFC RULES – CONTROLLED FOREIGN CORPORATION..
• ACTION PLAN – 4 – INTEREST DEDUCTIONS AND OTHER FINANCIAL P A YMENTS.
• ACTION PLAN – 4 – INTEREST DEDUCTIONS AND OTHER FINANCIAL PAYMENTS.
• ACTION PLAN – 4 – INTEREST DEDUCTIONS AND OTHER FINANCIAL PAYMENTS.
• ACTION PLAN – 4 – INTEREST DEDUCTIONS AND OTHER FINANCIAL PAYMENTS – UPDATED 2016 VERSION
• ACTION PLAN – 5 COUNTER HARMFUL TAX PRACTICES MORE EFFECTIVELY, TAKING INTO ACCOUNT TRANSPARENCY AND SUBSTANCE.
• ACTION PLAN – 6 – PREVENTING TREATY ABUSE.
• SECTION A – TREATY ANTI-ABUSE RULES.
• SECTION B : CLARITY OF INTENT TO ELIMINATE DOUBLE TAXATION WITHOUT CREATING OPPORTUNITIES FOR TAX EVASION AND AVOIDANCE IN TREATY – DISCUSSED ABOVE.
• SECTION C: IDENTIFYING TAX POLICY CONSIDERATIONS BEFORE ENTERING INTO A TREATY
• ACTION PLAN – 7 – PREVENT THE ARTIFICIAL AVOIDANCE OF PE STATUS.
• ACTION PLAN – 8 – 10 – ALIGNING TRANSFER PRICING OUTCOMES WITH VALUE CREATION..
• ACTION PLAN – 10 – OECD TP GUIDELINES FINAL REPORT 2015.
• ACTION PLAN – 10 – OECD TP GUIDELINES FINAL REPORT.
• ACTION PLAN – 11 – ESTABLISH METHODOLOGIES TO COLLECT AND ANALYSE DATA ON BEPS AND THE ACTIONS TO ADDRESS IT.
• ACTION PLAN – 12 – REQUIRING TAXPAYERS TO DISCLOSE THEIR AGGRESSIVE TAX PLANNING ARRANGEMENTS
• ACTION PLAN – 13 – RE-EXAMINE TRANSFER PRICING DOCUMENTATION..
• ACTION PLAN – 13 – REPORTING IN C BY C REPORT.
• ACTION PLAN – 13 – MASTER FILE: OBJECTIVE & FEATURES.
• ACTION PLAN – 14 – MAKE DISPUTE RESOLUTION MECHANISMS MORE EFFECTIVE.
• ACTION PLAN 15 DEVELOP A MULTILATERAL INSTRUMENT.

18. WHAT IS A CONTROLLED FOREIGN CORPORATION ?.

• WHEN AND HOW IS THE CFC INCOME TAXED ?.
• PARTICIPATION EXEMPTIONS & TAX CREDITS  – MECHANISMS TO MITIGATE THE EFFECT OF CFC PROVISIONS

1. WHAT IS AN E-COMMERCE TRANSACTION ?
2. ISSUES IN E-COMMERCE TRANSACTIONS.

• DETERMINATION OF ECONOMIC ATTACHMENT.
• IDENTIFICATION OF PE.
• WHICH COUNTRY’S LAW TO APPLY ?
• WHICH COUNTRY’S LAW TO APPLY IN CASE OF CONTRACT.
• HOW TO DETERMINE TAXABLE TERRITORY?

3. HOW BUSINESS IS TRANSACTED THROUGH ECOMMERCE?

• ELECTRONIC ADVERTISING..
• ELECTRONIC SALES.
• ELECTRONIC DELIVERY.

4. PREVALENT BUSINESS FORMS IN VARIOUS SEGMENTS OF DIGITAL ECONOMY.

• BUSINESS-TO-BUSINESS MODELS (B2B MODEL).
• BUSINESS-TO-CONSUMER MODELS (B2C).
• CONSUMER-TO-CONSUMER MODELS (C2C).
• BUSINESS-TO-GOVERNMENT MODELS (B2G).
• GOVERNMENT-TO-CONSUMER MODELS (G2C).

5. PERMANENT ESTABLISHMENT IN E-COMMERCE.

• SITUATION 1 : EXISTENCE OF WEBSITE IN HOST COUNTRY.
• Situation 2 : – Existence of server in host country.
• SITUATION 3 : SERVER FUNCTIONING AS DEPENDENT AGENT.

6. DETERMINATION OF NATURE OF INCOME IN E-COMMERCE TRANSACTIONS.
7. GROWTH OF E-COMMERCE.
8. TAXATION ISSUES ON E-COMMERCE.
9. OECD RECOMMENDATIONS UNDER ACTION PLAN 1 OF BEPS TO TACKLE TAXATION ISSUES OF E-COMMERCE
10. INTRODUCTION OF NEW CHAPTER OF EQUALIZATION LEVY.

• MEANING OF EQUALISATION LEVY.
• CHARGE OF EQUALISATION LEVY – CONDITIONS FOR LEVY.
• WHO IS LIABLE TO DEDUCT EQUALISATION LEVY?
• SECTION 166.
• WHOSE INCOME IS LIABLE FOR DEDUCTION OF EQUALISATION LEVY ? – ILLUSTRATION..
• RELIEF FROM EQUALISATION LEVY.
• DUE DATE FOR PAYMENT OF EQUALISATION LEVY.
• RATE OF EQUALISATION LEVY.
• EXEMPTION FROM INCOME TAX – SECTION 10(50) OF THE IT ACT, 1961.
• EQUALISATION LEVY VS. WITHHOLDING TAX.
• PRESCRIBED FORM TO FILE RETURN OF EQUALISATION LEVY – RULE 5 OF EQUALISATION LEVY RULES, 2016
• DUE DATE TO FILE RETURN OF EQUALISATION LEVY
• REVISED RETURN OF EQUALISATION LEVY – SECTION 167(2)
• NOTICE TO FURNISH RETURN OF EQUALISATION LEVY – RULE 6 OF EQUALISATION LEVY RULES, 2016
• PROCESSING OF STATEMENT – SECTION 168
• PRESCRIBED FORM FOR NOTICE OF DEMAND – RULE 7
• RECTIFICATION OF MISTAKE APPARENT FROM RECORD – SECTION 169
• TIME-LIMIT FOR RECTIFICATION OF MISTAKE APPARENT FROM RECORD – SECTION 169
• PROCEDURE TO BE FOLLOWED BY AO TO RECTIFY ANY MISTAKE APPARENT FROM RECORD – SECTION 169
• PENALTY FOR DEFAULT IN FURNISHING RETURN OF EQUALISATION LEVY – SECTION 172
• PENALTY NOT TO BE IMPOSED IN CERTAIN CASES –SECTION 172
• APPEAL TO COMMISSIONER OF INCOME-TAX (APPEALS) SECTION 174
• OTHER PROVISIONS FOR FILING APPEAL BEFORE COMMISSIONER OF INCOME-TAX (APPEALS) – SECTION 174
• APPEAL TO APPELLATE TRIBUNAL – SECTION 175
• WHO CAN FILE APPEAL BEFORE THE APPELLATE TRIBUNAL – SECTION 175
• TIME-LIMIT FOR FILING APPEAL BEFORE THE APPELLATE TRIBUNAL – SECTION 175
• PRESCRIBED FORM AND FEE FOR FILING APPEAL BEFORE THE
• PUNISHMENT FOR FALSE STATEMENT – SECTION 176
• INSTITUTION OF PROSECUTION – SECTION 177
• APPLICATION OF CERTAIN PROVISIONS OF INCOME TAX ACT – SECTION 177