Principles of Taxation Law
Solapur University · LL.B. Semester 5 · CC-XIX
Unit 1 — GENERAL PERSPECTIVE
1.1. History of the tax law in India. · 1.2. Fundamental principles relating to tax laws · 1.3. Governmental financial policy, tax structure and their role in the national economy. · 1.4. Concept of tax: · 1.5 Nature and characteristics of taxes · 1.6 Distinction between: Tax and fee ,Tax and cases, Direct and indirect taxes · 1.7 Tax evasion and tax avoidance · 1.8 Scope of taxing powers of Parliament, state Legislature and local bodies.
Unit 2 — INCOME TAX
2.1. Basic Concepts: · 2.2. Income · 2.3 Total income · 2.4. Income not included in total income · 2.5. Deemed income · 2.6 Clubbing of income · 2.7 Assesses. · 2.8. Person. · 2.9 Tax planning · 2.10. Chargeable income · 2.11 Heads of income · 2.12. Salaries · 2.13 Income from house property · 2.14. Income from business or profession · 2.15. Capital gains · 2.16. Income from other sources · 2.17. Deductions, relief and exemptions · 2.18. Rate of income tax · 2.19. Income Tax Authorities: · 2.20. Power and functions · 2.21. Offences and penal sanctions: · 2.22. Settlement of grievances: · 2.23. Authorities, power and functions · Other Tax laws 12
- Definition: Persons, Assessees, Previous year, Assessment years, Financial year, Income, Gross Taxable Income, Taxable Income, Agricultural Income, Tax Evasion and Tax Avoidance
- Income Tax, Residential Status: Rules (Sec.6)
- Tax Liability Exemption, Deduction, related to individual, Expenses & Income, Rebate, Deemed income and clubbing of income
- Carried forward and Set of losses
- Heads of Income: Income from Salary, House property, Business and Profession, Capital Gain and other sources
- Calculation of Gross Total and Taxable income, Tax rebate and Computation of Tax Liability
Unit 3 — INTRODUCTION TO GST
3.1 Historical background of GST · 3.2 Constitutional provisions of Taxation & 101 Amendment to Constitution of India. · 3.3 Central and State Legislations Dealing GST. · 3.4 Salient features of GST
Unit 4 — CENTRAL CGST ACT 2017 AND MAHARASHTRA CGST ACT 2017
4.1 Definitions section 2 of GST- Agent- Aggregate turnover-Agriculturist-Business · Consideration- Input Tax –Person- Supply- Taxable Person- Location of supplier of services Works · Contact- Non-taxable Supply- Voucher- Job- work- definitions related to online trading · & tax liability. · 4.2 Authorities under GST ( section 3 ) · 4.3 Appointment of officers (section 4) · 4.4 Powers of officers (section 5) · 4.5 Inspection search seizure and arrest (section 67-72) · 4.6 Levy of Tax, and exemption from Tax (section 7-11)
Unit 5 — PROCEDURAL ASPECTS UNDER CGST AND MGST ACTS.
5.1 Time and Value of Supply (section 12-15) · 5.2 Input Tax Credit. (Section 16-21) · 5.3 Registration. (Section 22-30) · 5.4 Tax invoices, credit and Debit notes (Section 31-34) · 5.5 Accounts and Records (Section 35-36) · 5.6 Return under GST Acts · 5.7 Payment of Tax (Section 49) · 5.8 Refund of tax (Section 54) · 5.9 Types of Assessment (Section 59-66) · 5.10 Offences, Penalties and Prosecution (Section 122-138) · 5.11 Appeal and Revision · 5.12 Appeal to First Appealable Authority (Section 107) · 5.13 Powers of Revision Authority (Section 108) · 5.14 Appeal to the Appellate Tribunal (Section 112) · 5.15 Transitional Provisions- Migration of existing taxpayers to GST (Section 139) · 5.16 Reverse charge 13 · 5.17 Composition scheme for small trader.
Unit 6 — INTEGRATED GOODS AND SERVICES TAX ACT, 2017
6.1 Introduction to IGST Act · 6.2 Definitions Section 2 · 6.3 Continuous Journey · 6.4 Export of goods- Export of Services – · 6.5Fixed establishment – Import of goods – Import of Services – Location of recipient of Services – · Location of Supply of Services – Online Information and database access or retrieval services. · 6.6 Levy, collection and refund of tax (section 5, 6, 15 ) · 6.7 Inter- state supply, Intra – State-supply, supplies in territorial waters. (Sec.-7,8,9) · 6.8 Zero rated supply (Section-16)