Full Text Transcript
~ '-" Tax Man:lgernent Course
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(Part 11EJcamiuallun
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G.I-P-1-TheuarnydPracticeofTaxa"
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Roll No :.........................
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Total No. of Questions-8] [Total No. of Printed Pages-3
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Time Allowed-3 Hours Maximum Marks-IOO
QSK
Question No.1 from Section-I and Question No.5 from Section-II are compulsory and
carry 18 marks each.
Answer any two questions from Question Nos. 2, 3 & 4 of Section-I and any two
questions among Question Nos. 6, 7 & 8 of Section-II. Each question carries 16 marks.
SECTION-I
Marks
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1. Elaborate by way of comparative study "worldwide tax trends and the treatment
of tax losses" in relation to global recession.
2. (a) Briefly explain the concept of Permanent Establishment (PE) with reference 6
to International Taxation and state various forms that are in vogue.
(b) Explain the issues in the interpretation of PE with reference to E-Commerce 10
business and suggest ways to have acceptable policy by all countr~es while
taxing the international transactions.
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3. "Limited liability partnership will facilitate pooling ofresources and multidisciplinary 16
approach. Partners can trust one another and start a business without being
accountable for the other partner's conduct. LLP will combine the organizational
flexibility of a company and partnership, besides alternative tax benefits".
In the cont~xt of the above statement, describe in depth the LLP legislation in
India, its nature of limited liability and ,extent partnership and partners, financial
disclosures and taxation of LLP.
4. Explain the concept of "make available" used in the article in the tax treaties 16
relating to 'Fees for Technical Services' (FTS) or 'Fees for Included Services'.
You are required to discuss and analyse conceptually with suitable examples'
including dealing with Indian judicial decisions dealing with the subject.
QSK P.T.G.
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QSK Marks
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SECTION-II
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5. A non-resident company of USA, which was engaged in the business of supplying 18
advanced technology for manufacture of radial tyres, agreed to grant an Indian
company, a non-exclusive perpetual irrevocable right to use the know-how at a
consideration amounting to $ 3,43,425 and transfer ownership in tread and sidewall
designs and pattern required for the manufacture of radial tyres for a lump sum
consjderation of $ 3,66,795. This later amount was further divisible as $ 2,18,405
towards transfer of ownership tread and sidewall design/patterns and $ 1,48,390
towards product development. Company has sought the AAR's ruling on the
undermentioned issues:
(a) Whether the consideration for the transfer of documentation amounting to
$ ?,10,22{) was liable to tax under the Income-tax Act, 1961, in the hands of
the applicant?
(b) Whether the consideration for consultancy and assistance receivable by the
applicant from Indian company would be taxable in IndIa?
(c) At what rate the applicant has to withhold tax at source under Section 195
of the Act?
6. During the search operation conducted on the premises of a.client, of an auditor, 16
laptop computer of two employees of the auditor, who were con~ucting an audit,
were seized by the deputy director under Section 132 of Income-tax Act, 1961.
Whether revenue is entitled to demand unrestricted' acces,S to. acquire electronic
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records present in laptops pertaining to third party unconnected with person
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searched?
Support your answer with recent judicial pronouncement.
7. (a) "Penalty spoken of in Section 271(1)(c) of the Income-tax Act, 1961, is neither 8
criminal nor quasi-criminal but a civil liability, albeit a strict liability, such
a liability being a civil in nature, meansrea is not essential".
Discuss the case law explaining the content of judgement.
QSK
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Marks
QSK
(b) In the case of a non-resident company engaged in the business of exploration 8
'of mineral oils, it has opted for presumptive tax under Section. 44BB of .
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Income-tax Act, 1961. Whether Custom duty paid in importing equipment for
rendering services will form part of deemed profits liable to presumptive
tax?
8. Duty drawback receipt/DEPB benefits do not form part of the net profits of eligible 16
industrial undertaking for the purposes of Section 80-I/80-IA/80-IB.
The Apex court recently held as above in one of the case.
Examine the case.
QSK