4th ANNUAL NLSIR SYMPOSIUM: INDIA’S TAXATION REGIME: PERSPECTIVES ON THE PROPOSED CHANGES
The Annual NLSIR Symposium has earned the reputation of being a unique forum for the consideration of contemporary legal developments having attracted leading practitioners such as Mr. Nishith Desai, Ms. Bijal Ajinkya, Mr. Sandeep Bhagat, Mr. Stephen York, Mr. Padam Khincha, Mr. Gourab Banerji, Mr. Arvind Datar, TP Ostwal and renowned academics including Mr. V. Umakanth, Assistant Professor, National University of Singapore, and Mr. Sandeep Parekh, Professor, IIM-A amongst others.
This year, the NLSIR Symposium is themed on “INDIA’S TAXATION REGIME: PERSPECTIVES ON THE PROPOSED CHANGES”.
The first of the four sessions will deal with the implications of the anti-avoidance measures incorporated in the Direct Taxes Code Bill. The DTC introduces one of the most sweeping GAARs - treating tax avoidance almost on par with tax evasion. Whether the distinction between tax avoidance and tax evasion will continue to be retained after the coming into force of GAAR – and if so, how it will apply in practice – is an open question which the Symposium seeks to address as also the structuring of business transactions in light of GAARs and its impact on DTAAs.
The second session aims at addressing taxation of e-commerce. Tax treatment of such transaction, i.e. whether source based or residence based taxation is to be followed assumes crucial importance. It also seeks to reflect upon issues involving taxation of software transactions and whether taxation should be in the nature of sales tax or service tax.
The third session focuses on some of the contentious issues in indirect taxation today. The first is the hotly debated GST. Another controversial issue which this Session addresses is in reference to the interpretation and implications of Part XIII of the Indian Constitution and Art. 301’s interpretation and interplay with the rest of the provisions in Part XIII which has given rise to significant controversy over the years.
The fourth and the final session addresses the future of India’s Tax regime. With provisions such as taxing FIIs through the capital gains, the new Branch Profit Tax etc., it is clear that the government is seeking to cast a wide net to pull in revenue from multiple fronts through DTC and such changes are sought to be analyzed in this session.
This years' Symposium is scheduled on the 16th and 17th of April 2011, and will be held at the International Training Center, National Law School of India University, Bangalore. The banquet will be at the Chancery Pavilion. The line-up of speakers includes partners of India's top law firms such as AMSS, AZB, SNR and Khaitan, senior advocates and judges.