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Access to E-records by Taxing Authorities: A Case for Pakistan (Part II)
All tax authorities to e-commerce transactions should investigate the record retention requirements of each other's respective jurisdictions.In September 1998 Revenue Minister Dhalinal of Canada;".
Cyber Banking
The use of electronic cash as a means of transacting internet business may prove to be an acceptable alternative to credit card payments. It is reported that the withdrawal of major players from the attempt to develop e-cash is a significant setback.
Electronic Commerce Tax Jurisdiction and Principles of Permanent Establishment
The principle of "permanent establishment" is very important for avoidance the conflict of law of matter connected imposition of taxation. In the absence of a permanent establishment, a country where goods or services are sold has no jurisdiction to tax the resulting profits.
Sources Of Income Taxable Under Sale Tax
The sell and purchase of taxable goods can be conducted by e-commerce means. It could be retailing and wholesaling of the goods which are taxable under sale tax Act 1990.
Electronic Commerce Taxation: Emerging Legal Issues - Part I
The CBR taxes the Pakistani source income of nonresident individuals and foreign corporations with respect to income that arises from a trade or business, however, Pakistan generally asserts jurisdiction only with respect to taxable income which is effectively connected with the conduct of a trade or business within the Pakistan.Moreover, under income tax treaties which the Pakistan has entered into with other countries, the Pakistan generally asserts its right to tax the Pakistani source trade or business income of foreign individuals and corporations only when such income is attributable to a "permanent establishment" or "fixed base" in the Pakistan.
E-commerce Taxation
The means and types of businesses have transformed with advent of era of e-commerce, resulting in global seller and buyer. The Internet offers consumer choice, business efficiency and recreation.
Reprisal of the Bill of Proposed Electronic Crime Act 2004
The clause (c) of Electronic Crime Act 2004 has been defied Cyber Stalking as defined in XXII of the Pakistan Penal Code 1860 and also clause (g) defines defamation which means Section 499 of the Pakistan Penal code 1860; but no as such provision are included on matter connect with commission of offence of electronically misuse and infringement of Internet Domain Names as Trade Marks which have defined in Chapter XIII Trade Marks Ordinance 2001.The section 8 has defined the offence of fraud but the misrepresentation has not been declared as offence.
Furnishing Evidence in E-Tax Compliance
Self-assessment relies on taxpayers voluntarily meeting their tax obligations. This concept is recognised in all tax statutes, which sets out taxpayers' primary obligations, and clearly spells out that taxpayers are required to determine the amount of tax payable correctly and to pay it on time.
Pakistan Penal Law on Body Injuries
In this article, we shall study what types of intentional hurts as defined in Pakistan Penal Code 1860 and punishment provided for these hurts? What is punishment provided for these offences? How much amount of arsh has been provided for these hurts, and other compensation provided in form of Daman to victim? What types of hurts are liable to qisas and who can waive the right of qasis against the offenders? What are punishment are available for inflicting hurts without intention and by rash act or omissions.Hurt
Under subsection 1 of section 332 has defined the hurt, ".
Crime and Criminology
IntroductionIn this article, we shall study the nature, type of crime as defined and methods propounded by various jurists for controlling them and we also study criminology as subject its origin, classification, methodology and approaches in criminology for study of crimes. The interpretation of the historical development of criminology , any such history is inevitably a contentious undertaking, entailing theoretical choices and rhetorical purposes as well as the selection and arrangement of historical materials.
Amending Law of Evidence ( Qunun-e-Shahadat Order 1984 ) and e-taxation
Although the Electronic transaction ordinance 2002 has made amendments in Qunun-e-Shahadat to meet basic criterion of evidence regarding electronic transaction, like Article 2 regarding admission; Article 49-A acceptance of relevance of information generated by automated information system; Article 59 Expert opinion of information technology officer; Article 73 regarding acceptance of primary evidence of any information received and transmitted in computer based form out of automatic generated transaction and also Article 78-A prove of digital signature.These amendments the article 184 of Qunun-e-Shahadat have also widened the definition evidence to include "scientific devices" produced thereby modern devices, although the definition of "mo ...
Distinguishing Features of E-Commerce
E-commerce offers customers the chance to eliminate many stages in the sales/distribution chain. The mark-ups that occur between manufacturers, wholesalers, distributors, retailers and consumers can add the cost of goods purchased by consumers.
E-taxation and Electronic Records Keeping
The advent of e-commerce means of trading has accelerated the trend for business records to be held electronically. Keeping in view with change in method of trading, the central board of revenue has made the legal requirement for business for tax reasons that if they wish to store record electronically they have to seek specific permission from taxing authorities for doing so.
Access to E-records by Taxing Authorities: A Case for Pakistan (Part I)
Background issues of access to recordsTo assess the records at hosted remote retained out of the jurisdiction of Pakistan root many legal issues which are needed to be addressed. Hereinafter there is description of the emerging legal issue of access to e-records.
Pakistan Penal Law on Qalt (Murder)
In this article, we shall study the type of the Qalts and their punishments as has been provided in Pakistan Penal Code 1860; when the right of Qasis can be exercised in qalt-i-amd, what are evidential standards of the enforcement of Qalt-i-amd as Qasis, who can exercise the right of Qasis and what case in which Qasis can not be enforced? When criminal court can award punishment as Diyat and Tazir?Types of Qalts defined in PPC 1860
The following are Qalt has been defined in Pakistan penal code constituting the offence of Qalt.Qalt-i-AmdWhoever commits the intentional or premeditation plan of death of person or cause body injury to person intentionally by doing which is in ordinary course of life can cause death, or with the intention and k ...
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World Wide Web Pages with World Wide Legal Issues of Tax Jurisdiction
The Central board of revenue has only authority to tax the Pakistani source income of nonresident individuals and foreign corporations of income derive from the trade and business having direct connected with Pakistan and with respect to income that arises from a trade or business within the jurisdiction of Pakistan. For tax purposes the CBR generally asserts its jurisdiction only to taxable income which is directly connected with the course of a trading or business within Pakistan.
Electronic Commerce Taxation: Emerging Legal Issues - Part I
The CBR taxes the Pakistani source income of nonresident individuals and foreign corporations with respect to income that arises from a trade or business, however, Pakistan generally asserts jurisdiction only with respect to taxable income which is effectively connected with the conduct of a trade or business within the Pakistan.Moreover, under income tax treaties which the Pakistan has entered into with other countries, the Pakistan generally asserts its right to tax the Pakistani source trade or business income of foreign individuals and corporations only when such income is attributable to a "permanent establishment" or "fixed base" in the Pakistan.
Computer Forensics
There are numbers of impartial computer forensics authorities in developed countries who provide all litigation function at request of courts and their services can obtain for getting computer evidence. Computer Forensics identifies, acquire, restore, and analyze electronic data in litigation.
Legal Procedure of International Computer Forensics Authorities
Computers have dramatically changed the means of communications and there has arisen new situation where traditional standards of gauging reliance of evidence have been defect owning to emergence of computer crimes. These crimes are related with electronic credit Cards and ATM fraud, misuse of Trade marks, e-copyright infringement, cyber hacking, etc.
Creating Legal Framework for E-commerce Taxation; non-tax statutes
We have to make amendments in existing substantive and procedural laws to make it compactable with changing technological advancement of e-commerce?Amending Contract Act, 1872I recommend the amendments in section 3 and 4 of contract Act 1872 so as to make the compactable with section 13, 14 and 15, of the electronic transaction ordinance 2002 related with attribute of communication, acknowledgement of receipt and time and place of the communication between the parties. Either additional section should be added for acceptance device of 'electronic communication', or words be added in matter connected with electronic communication relevant section 13,14 and 15 be evoked while interpretation of section 3 and 4 of contract Act 1872.
Implications Of E-Commerce For Tax Legislation
As e-commerce develops ambiguities in the current tax code in which it may be exposed. It would not be regarded as too early to take premature steps for undertaking such a review at a time when detailed international legislation are going on to promulgate acceptable standards laws for imposition taxation in this regard.
Amending Procedural Laws for Collection of E-taxation
The electronic transaction ordinance defines the certificated copies in which are to be presented for adjudication. Where any law requires or permits the production of certified copies of any records, such requirement or permission shall extend to print outs or other forms of display of electronic documents where, in addition to fulfillment of the requirements as may be specified in such law relating to certification, it is verified in the manner laid down by the appropriate authority.
Electronic Commerce Taxation and Pakistan
Assume a buyer in Pakistan downloads software from the Internet for a 30-day trial. If he likes the software, he submits his credit card information and receives an authorization code that allows him unrestricted use of the software.
Amending Law of Evidence ( Qunun-e-Shahadat Order 1984 ) and e-taxation
Although the Electronic transaction ordinance 2002 has made amendments in Qunun-e-Shahadat to meet basic criterion of evidence regarding electronic transaction, like Article 2 regarding admission; Article 49-A acceptance of relevance of information generated by automated information system; Article 59 Expert opinion of information technology officer; Article 73 regarding acceptance of primary evidence of any information received and transmitted in computer based form out of automatic generated transaction and also Article 78-A prove of digital signature.These amendments the article 184 of Qunun-e-Shahadat have also widened the definition evidence to include "scientific devices" produced thereby modern devices, although the definition of "mo...
Recommendation for Statutory Reconstruction for the Extension of Tax Jurisdiction in Cyberspace
The changing nature of Internet technology and the concept of jurisdiction law has taken new dimensions, which has make it imperative that we should introduce new legislation for defining our tax jurisdiction in internet, and with these amendments. I recommend followings amendments in tax statutes for the purposes of defining territorial jurisdiction for e-businesses.
Sources Of Income Taxable Under Sale Tax
The sell and purchase of taxable goods can be conducted by e-commerce means. It could be retailing and wholesaling of the goods which are taxable under sale tax Act 1990.
Cyber Banking
The use of electronic cash as a means of transacting internet business may prove to be an acceptable alternative to credit card payments. It is reported that the withdrawal of major players from the attempt to develop e-cash is a significant setback.
Admission and Verification of Identity in Electronic Records
Verification of identity is also a problem for consumers, who want to be assured that the persons with whom they do business are who they claim to be . As a result, companies engaged in electronic commerce are developing "digital certificates" or "digital IDs" that can be used to verify a person's identity over the Internet.
Online Shopping: Legal Challenges for Taxing Authorities
E-commerce offers customers the chance to eliminate many stages in the sales/distribution chain. The mark-ups that occur between manufacturers, wholesalers, distributors, retailers and consumers can add the cost of goods purchased by consumers.
Distinguishing Features of E-Commerce
E-commerce offers customers the chance to eliminate many stages in the sales/distribution chain. The mark-ups that occur between manufacturers, wholesalers, distributors, retailers and consumers can add the cost of goods purchased by consumers.
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