1 - Introduction To Taxation Laws
1 - Introduction To Taxation Laws
1 - Introduction To Taxation Laws
TAXATION LAWS
- Prof. Ashrita Prasad Kotha
# Understanding the WHAT, WHO, WHEN, WHY and HOW of
Taxation
Basic rules to be observed
• Readings – compulsory to have read the circulated material
• Use of laptops and mobiles is not permitted during the
lectures / tutorials
• Attendance – respect the system
• Not allowed to enter and exit during the lecture
• Assessment: internal and external components (to be
announced shortly)
Initial Thoughts on the Course and
Subject
• WHAT is taxation?
• WHO may tax?
• WHEN is tax levied?
• WHY is taxation imposed?
• HOW must tax policy be designed?
WHAT is taxation?
WHAT is taxation?
• Compulsory levy
• Imposed by the concerned government
• By way of a legislation
• No element of a quid pro quo
Practical Exercise: Spot the Taxes
• X, a recent law graduate landed his dream job of working in
a leading pharmaceutical company in India as an assistant
legal counsel. His monthly salary is Rs.1,00,000 and he is
entitled to a performance linked bonus during March each
year. After burning the midnight oil on many an occasion
and sacrificing quite a few weekends, his team managed to
close a crucial acquisition for the company. His hard work
was acknowledged by the boss who announced a year end
bonus of Rs.3,00,000.
• The deal was critical to the profits earned by the company
which posted profits of 1000 crores during the concerned
financial year.
• In the last week of March X realized that he had not availed
of his annual leave and thus, decided to take a week off to
travel. X now embarks on the process of making the bookings
for which he avails the services of a travel agent.
• Once X is back from his holiday, he is given the news by his
boss that as a consequence of the recent success post the
acquisition, the company is now looking at opportunities to
expand its operations overseas. X is now sent to Australia for
undertaking due diligence on a potential target company
located in Sydney. He ends up spending three months in the
project office in Sydney, going through a lot of documentation
after which, finally a due diligence report is prepared. X
returns to New Delhi and resumes work as usual while the
company is considering whether it should expand its
operations to Australia.
• From the money he saved during his stay in Australia, he
decides to buy shares of a leading blue chip company. Within
two months, as there is an increase in the price of the shares
he sells them off earning a return of Rs. 50,000 on his
investment.
WHO may tax?
WHEN is tax levied?
• Is tax paid at periodic intervals?
Or
• Is tax paid on a daily basis?
WHY: Revenue augmentation or
plundering?
WHY: Tax as a tool to regulate
behavior
WHY: Is tax to be used to reduce
inequities / achieve redistribution?
HOW must tax policy be designed?
HOW must tax policy be designed?