An entrepreneur willing to expand his/her business abroad
must abide by the tax laws of the home country as well as of the particular
foreign country and accordingly pay the required taxes. Taxes (or duties)
are defined as the financial charges levied by the Government upon an
individual or an organisation or property in return for the government
services received by them. These taxes may be broadly classified into
direct and indirect taxes. Direct taxes are those where the tax payer
pays the taxes directly to the imposing authority like income tax and
corporate tax. Whereas, indirect taxes are those which are not paid directly
to the imposing authority but paid to someone else who acts as an intermediary
link between the tax payer and the tax levying authority like customs
duty and service tax. In India, the power to levy taxes and duties is
distributed among the three tiers of Government, in accordance with the
provisions of the Constitution.
The most important tax which an entrepreneur is subjected
to is the 'customs duty' which is a type of indirect tax levied on goods
imported into India as well as on goods exported from India. In India,
the basic law for levy and collection of customs duty is Customs
Act, 1962. It provides for levy and collection of duty on imports
and exports, import/export procedures, prohibitions on importation and
exportation of goods, penalties, offences,etc. The Central
Board of Excise & Customs (CBEC) is the apex body for customs
matters. It is a part of the Department
of Revenue under the Ministry
of Finance, Government of India.
But due to different tax laws and rules prevailing in different
countries, a businessmen faces the problem of 'double taxation'. Double
taxation refers to a situation where the same income becomes taxable in
the hands of the same company or individual (tax-payer) in more than one
country. This puts unnecessary and prohibitive burden on the tax-payer.
In India, the liability under the Income
tax Act arises on the basis of the residential status of the assessee
during the previous year. Hence, if the assessee is resident in India,
he/she has to pay tax not only on the income which is received in India
but also on that income which accrues, arises outside India or received
outside India. Thus he becomes liable to pay double taxes. The relief
against such double taxation in India has been provided through, bilateral
relief and unilateral relief.