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    Indian Tax environment has been rapidly changing to absorb the global changes and the need to curb the tax avoidance and restrict the black money, which have been the primary objectives of the government. The recent developments provide us with a glimpse of India’s treaty policy to prevent double non-taxation, curb revenue loss and check the menace of black money through automatic exchange of information. The following is a summary of the recent India- DTAA developments:

     

    India – Singapore:

     

    ØResident based to Source based: The India-Singapore DTAA at present provides for residence based taxation of capital gains of shares in a company. The Third Protocol amends the DTAA with effect from 1st April, 2017 to provide for source based taxation of capital gains arising on transfer of shares in a company. This will curb revenue loss, prevent double non-taxation and streamline the flow of investments.

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    Key Topics Covered:

    • INTERNATIONAL TAXATION
    • AUDIT
    • INCOME TAX
    • INDIRECT TAX
    • LABOUR LAWS

    Updates

    • COMPANIES ACT, 2013
    • INDIRECT TAX.
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    Summary:

     

    • Without following principles of natural justice no punishment should be imposed on the employee. 
    • Punishment should not be different to different employees who has committed the same or similar misconduct. 
    • In determining the quantum of punishment the Management should treat all the employee equally and there shall be no discrimination. 
    • The enquiry officer must be an independent person who is totally un-connected to the dispute and not an interested party in the outcome of the dispute. 
    • When an employee commits misconduct for personal gain punishment of dismissal is appropriate. 
    • When the acts of an employee adversely affect the interests of the company, it is nothing but gross misconduct and punishment of dismissal is appropriate.

    The Management of an industrial establishment has a right to exercise control over its employees. Employer employee relationship rests on the overall control that an employer is entitled to exercise over his employees, not only in regard to their work in the establishment but also in regard to their conduct and behaviour in relation to the performance of work. It also includes his attitude towards his co-workers, supervisors, outsiders with whom the employee may come into contact in relation to the performance of work. Without disciplinary control being exercised by the employer, work cannot run smoothly and efficiently.

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    Introduction: 

    At present, cross border services received by any individual or by Government or local authorities which are not in relation to business or commerce are exempt from service tax. Online database, access or retrieval services (hereinafter referred to as ‘OIDAR services’) provided by entities located outside India are not subject to service tax as the law with respect to place of provision of these services envisages that location of service provider is the place of provision of service which will be outside India. Further, these services are defined in a confined manner limiting to activities of providing data or information which is retrievable or otherwise to any person through a computer network. This legal position has now undergone sizable change with effect from 01.12.2016 as discussed hereunder 

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