“8th Annual Workshop on Direct Taxes”
From concepts to expertise……

Coverage in Session

INDIVIDUAL & HUF

• Clubbing Provisions
• Section 44AD, 44ADA & 44AE – Special Provision for computing profits & gains of business and profession on presumptive basis.
• Creation of HUF
• Taxation of HUF, HUF Partition, Multiple HUF, Karta, Coparceners, tax on investment done by members out of HUF funds, gift by HUF to member of HUF, gift by member of HUF to HUF

CA (Dr.) Girish Ahuja

Former Professor – Shri Ram College of Commerce (SRCC)

Advisor to Government of India
Famous Author of more than 40 books on Direct Taxes

CRITICAL ISSUES IN ASSESSMENTS

• Understanding of Provisions, Extended meaning being considered by department- maintainability
• Documents to be submitted during assessment.
• Recent developments & landmark judgments.
• Section 115 BBE special tax rate and penalty under section u/s 271AAC whether being applied as per law - Defenses available

CA (Dr.) Rakesh Gupta

Advocate

Former Member-ITAT
Partner, RRA Tax India

Shri M. Bala Ganesh

Accountant Member, ITAT, New Delhi

Session Chairman

Tea with Snacks (7:00pm - 7:30pm)

PREVENTION OF MONEY LAUNDERING ACT, 2002

• Basic Concepts
• Important Recent Amendments
• Role and Impact on CA, CS,CMA
• Case laws

BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

• Provisions of Law
• Practical Aspects with Case Studies

CA Vinod Jain

Chairman, Inmacs

Adv. Akhilesh

Partner, Inmacs Law Offices

Coverage in Session

Special Key-Note Address and Interaction

Adv. (CA) Ved Jain

Past President, ICA
Ved Jain & Associates

TAXATION OF PRIVATE TRUSTS

• Understanding Tax provisions
• Tool for succession, estate Planning
• Tax planning
• Risk management – creditors, personal guarantee, insolvency and deemed dividend.
• Role of international trusts in international Corporate Structuring for residents and Non-residents
• Planning wealth management of Non-Residents,
• Impact on transfer pricing

CA (Dr.) Anup Shah

Managing Partner
Pravin P Shah & Co Authored Several Books
Mumbai

BLACK MONEY ACT, 2015

• Provisions of Law
• Importance of Disclosure of beneficial interest, foreign bank accounts, signatory rights , other assets etc. – including resident foreign citizens
• Preparation & Presentation of case before authority – Special precautions for response to inquiries
• Penalty & Prosecution for Non- Disclosure of foreign assets & income.
• Appeal
• Case Laws
• Practical Aspects with Case Studies

CA (Dr.) Rakesh Gupta*

Advocate

Former Member-ITAT

Partner, RRA Tax India

Tea with Snacks (5:30pm -6:00pm)

TAX DEDUCTED AT SOURCE (TDS) / TAX COLLECTED AT SOURCE (TCS)

• Critical issues in TDS provisions specifically u/s 194R, 194S, 194O, 194N and others
• TDS Procedures, deposit and returns dates and compliances
• Interest, Penalty and Prosecution
• TDS Assessment and Refunds
• Response to Notices
• Revision of TDS Returns.
• How to tackle old demands.
• How to tackle unadjusted challans.
• Revision/ Rectification of TDS deposited
• Tax Collection at Source – Special aspects
• Section 206AA
• Matching of expenses with TDS return-with reference to Tax Audit
• TCS – 206C(IG) & 206C(1H)

CA Deepak Bholusaria

Partner, DAKSM & Co LLP

APPEALS

• Appeals - Preparation of appeal to CIT (A) and ITAT and handling appellate proceedings.
• Additional Evidence – Remand Report
• Appeals-issues, case laws and practical aspects

CA Somil Agarwal

Advocate

Partner, RRA Tax India

Coverage in Session

TAXATION OF SHARE CAPITAL

• Recent changes in Angel Tax – implications & way forward – exception to Section 56(2)(viib)
• Implication of allotment of shares at premium and discount (lower than fair value) and multiple allotments at differential prices
• Implication of Buying & Selling of shares at other than fair value – Section 50CA & Section 56(2)(x)
• Taxation of Partly or Fully convertible debentures and Optionally/ mandatorily convertible debentures – impact of valuation terms
• Valuation of shares - Issues

CA Pramod Jain

Partner, Lunawat & Co.

Central Council Member, ICAI

TAXATION OF REAL ESTATE TRANSACTIONS -I

• Section 50C, 43CA, - Taxation of under-priced transfers Section 56(2)(x) – Taxation of Gifts Section 194IA &195, - TDS provisions Section 2(47)(v) – Taxation on Possession under part- performance Section 54, 54F – Deductions & Limitations
• Taxation under the head income from House Property vis-a-vis under the head PGBP(Business) or under the head “other sources”- comparative
• Revenue Recognition – completed contract vs. percentage completion- ICDS implication
• Sale of Agriculture land.
• Drafting of Agreements – tax implications

CA Rohit Jain

Partner, Vaish Associates

TAXATION OF REAL ESTATE TRANSACTIONS - II

• Taxation aspects of Collaboration Agreements-implication of possession, other important clauses, terms of power of attorney under collaboration agreement and taxation implications.
• Taxation in the hands of Landowner in collaboration agreement
• Taxation of registered Collaboration Agreements – Section 45(5A) – implications of non - registration
• Taxation in the hands of buyer in case of transfer of flats booked, sold while under construction, at various stages of completion, before/after allotment.(in case of DDA, co-operative society and corporate)
• Impact of Creation of transfer of Development rights with / without possession
• Cancellation of transfer of Development Rights
• Taxation in the hands of Real estate Developer & Builder
• TDS implication in case of Joint Development Agreement in absence of payment of consideration – Resident and Non-Resident.
• Various Alternative Business Models and corporate structure for real estate transactions and tax planning
• Case Studies

CA Rohit Jain

Partner, Vaish Associates

Tea with Snacks (5:00pm -5:30pm)

Special Key-Note Address and Interaction

CA Ram Mohan Johri, IAAS

Deputy Comptroller and Auditor

General (Dy. CAG) of India (Revenue)

TAXATION OF CHARITABLE TRUSTS

• Meaning of Charitable Purpose in terms of section 2(15) and consequences of recent changes.
• Form of recognized charitable entities their registration and comparison.
• Registration of Trust u/s 12A & 80G
• Cancellation of Registration and withdrawal of exemption including on conversion of public charitable trust into a company limited by shares.
• Anonymous Donation
• Recent changes in taxation of trust, treatment of corpus, revenue, borrowings
• Section 10(23)(c) – major issues
• Major Issues in Filing Form 10B & Form 10BB
• Filing of Form 10BD

Dr. Ravi Gupta

Advocate

Former Professor – Shri Ram College of Commerce Famous Author of more than 40 books on Direct Taxes co-authored with Dr. Girish Ahuja Member – High Powered Direct Tax Simplification Committee, Government of India

PARTNERSHIP FIRM & LIMITED LIABILITY PARTNERSHIP

• Introduction and withdrawal of Asset as partner
• Tax implications in case of reconstitution, joining additional partners, retirement of partners, distribution of assets & money in case of dissolution/restructuring or change in Profit Sharing Ratio of firm – Section 45(4) & 9B and Case law & Case Studies
• Basic understanding and Practical taxation Aspect
  • Conversion of Partnership/LLP into Company
  • Conversion of Company into LLP

Dr. (CA) Raj Kumar Agarwal

Advocate

Rakesh Raj & Associates, Chartered Accountants Author of Law Relating To Search & Seizure, Taxation of Real Estate Developers & Joint Development Arrangements, Law Relating to Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

ASSESSMENT & REASSESSMENT OF SEARCH CASE

• Assessment & Re-assessmen
• Preparation and presentation – Evidence to be put on record
• Technical issues in block assessments and Section 148 assessments
• Assessment of Search Cases – Practical issues
• Mandatory time limits for various actions under law
• Evidences and Practical tips to explain source and age of assets found:
  • Cash
  • Jewellery
  • Property Documents.
• Procedure for release of Seized asset
• Stay of Demand

Session Chairman

CA Sanjay Agarwal

Chairman, Direct Tax Comm. Member Central Council, ICAI

Senior Partner
Agarwal Sanjay & Associates

Coverage in Session

Soecial Session – Key Note address

Shri G S Pannu*

President, Income Tax Appellate Tribunal

INTERNATIONAL TAXATION – I

• Residential Status – Income tax and Role of DTAA provisions
• Expatriate Taxation - Special issues
• Tax issues on Cross Border Employment Remuneration and Benefits

Sh. Kamlesh Varshney, IRS

Joint Secretary (TPL), Central Board of Direct Taxes (CBDT), Government of India

INTERNATIONAL TAXATION – II

• Concept of POEM Place of effective Management (POEM), Directorship, Shareholding, Delegation of Power, electronic and digital communication, Defacto – Dejure implications
• Taxability of business income of foreign entitles / independent services providers.
• Concept of Permanent Establishment including Subsidiary PE, Agency PE, Service PE (including suggested structuring of relationship between foreign & Indian Company from the view point of Direct Taxes)
• Concept of GAAR & SAAR

CA Nitin Vaid

Partner

Price Waterhouse & Co. LLP

CA Divjot Singh Oberoi

Manager

Price Waterhouse & Co. LLP

Tea with Snacks (5:45pm -6:15pm)

INTERNATIONAL TAXATION – III

• Position of MLI in current scenario – way forward
• Status of agreements signed by India
• How to read & interpret MLI and DTAA for different types of transaction.
• Importance & Implication of OECD
• BEPS -2.0, Globe Rules & Pillar 2 Approach
• Case Studies

CA Jitendra Jain

Associate Partner

Price Waterhouse & Co. LLP

ASSESSMENT, REASSESSMENT, ALTERNATIVE / OPTION AGAINST ORDERS - APPEAL, RECTIFICATION , REVISION , PENALTY , OTHERS

• Investigation
  • Investigation/Enquiry/Assessment/ Re-assessment based on information collected by various Government agencies (AIR, Surveillance, Insight Portal, Suspicious Transactions reporting with FIU, Information received from international jurisdictions) – Case Studies
• Assessment & Re-assessment
  • Preparation and presentation before Faceless Assessing Officer (NFAC)
  • Stay of Demand
  • Re-Assessment – New Procedures & implications
• Revision & Rectification
  • Rectification
  • Review, Revision & Recall of Orders

CA Baldev Raj

Baldev Raj & Co

CA Aastha Jain

Vinod Kumar & Associates

Coverage in Session

INTERNATIONAL TAXATION – IV

• Section 4, 5 read with section 9 - Conceptual understanding
  • Concept of Business connection
  • Concept of Royalty, Fee for Technical Services (FTS) and distinction between Royalty and FTS - Landmark Supreme Court judgment impact on royalty transactions.
  • Concept of Significant Economic Presence (SEP) for import of goods – Section 9
  • Significant Underlying Asset
• Equalization Levy.
• Withholding Tax u/s 195, Role of TRC and Form 10F
• Case Studies

CA Ganesh Rajgopalan, Mumbai

Partner, A P Rajgopalan & Company, Mumbai

INTERNATIONAL TAXATION - V

• How to get certainty in tax through APA, BAR rulings, MAP etc
• Represenation before DRP
• How to leverage voluntary reporting on tax matters following GRI 207, ESG rating agencies tax reporting and risk mitigation assessments

CA Vijay Iyer

Partner, Ernst & Young

Tea with Snacks (6:00pm -6:30pm)

Nuances of Penalties under Income Tax Act

• Section 270A and 270AA.
• Section 271AAD
• Section 275

Session Chairman

CA Anil Kumar Chopra

Chairman
Direct Taxes Committee – PHD Chamber of C & I

Senior Partner
Dewan P.N. Chopra & Co.

CA Somil Agarwal

Advocate

Partner, RRA Tax India

INTERNATIONAL TAXATION - VI

• Concept of Transfer Pricing – Domestic & international
• TP Audit and Assessments,
• Database and documentation ( T.P. Study )
• Planning and structuring to manage issues
• Case Laws & Recent Trends
• Case Studies

Adv. Vishal Kalra*

Advocate

Delhi High Court

Coverage in Session

Corporate Restructuring – Taxation Issues

CA Ajay Vohra

Advocate

Managing Partner, Vaish Associates

INTERNATIONAL TAXATION - VII

Foreign Tax credit – major issues and practical solutions

CA Gaurav Singhal

Heads Up Consulting

INSOLVENCY & BANKRUPTUCY LAW

• Taxation of IBC Cases
• Implications in the hands of Directors, Shareholders , & company in case of Insolvency proceedings

Mr. Ravi Sharma

Advocate

Tea with Snacks (5:30pm -6:00pm)

PRACTICAL ASPECTS RELEVANT TO SEARCH & SURVEY

• How to prepare your organization and people for survey and Search
• Precautions while recording of statement – Do's and Don'ts
• Surrender of Income – Advisability, Implications, Retraction and Consequences
• Rights and duties of the Officers and of the person searched and the role of lawyer/ CA during search
• Consequential Search
• Survey of related parties & consultants
• Can a CA be searched /surveyed and precautions, consequential assessment issues and solution?
• Evidences and Practical tips to explain source and age of assets found during search:
  • Cash
  • Jewellery
  • Property Documents.
• Procedure for release of Seized assets

Sh. Rohit Anand, IRS

Additional DIT - Investigation, Income tax Department

Ms. Sonia Nain, IRS

DDIT – Investigation, Income tax Department

Sh. Arun Sehrawat, IRS

DDIT – Investigation, Income tax Department

CA Vinod Jain

Chairman, Inmacs

WRIT PETION – Is it a Alternative Remedy?

Cases where you can file a Writ petition to High Court

Sh. Kishore Kumar Sharma

Senior Advocate

Supreme Court and Delhi High Court

Valedictory Session

Shri Ravi Agrawal

IRS, Director General of Income

Tax, Investigation, and

Principal CCIT – Delhi Region

Convenor

Co-Convenor

CA Pramod Jain
+91 98110 73867

CA DC Garg
+91 98110 39211

CA Baldev Raj
+91 93122 35173

CA Aastha Jain
+91 99999 03556

Advisor

Member

CA Praveen Sharma
+91 98100 11802

CA Manmohan Khemka
+91 98100 64427

CA Mohit Gupta
+91 98180 43245

CA Akanksha Goel
+91 97114 53679

With Best Regards,
For AICAS, CFO World & FICAF

CA Vinod Jain
Founder
+91 98110 40004

CA Pramod Kapur
President
+91 98107 30568

CA. Anil Sharma
Vice President
+91 98113 20203

CA Vaibhav Jain
General Secretary
+91 97113 10004