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Role of the court system
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A counterfeit good is an item that is imitated, commonly by another “genuine” item. Counterfeit products are usually formed with the intention to recognize the considerable value of the duplicated product. Counterfeiting is a crucial issue that has grown to four times its size. In the past ten years, the damage of counterfeit has cost the United States over 200 billion dollars. The extraordinary development of counterfeiting and the manufacturing of copied products packaged with other labels, is an urgent economic problem that effects social and political problems too.
Schemes that produce profit such as” prostitution, drug dealing, pyramid schemes and the sale of counterfeit goods” (Zyl, 2011) have existed everywhere throughout the years. Demands on asking for more money and additionally the use of the “Value Added Tax” on certain business deals has developed into a quarrelsome concern. In a legal dispute over the high court of appeal MP Finance Group CC in Liquidation versus CSARS governed that the money invested taken by a taxpayer in against the law will be subject to tax on the taxpayers’ plate. Where the main points appear, nevertheless, whether the choice that in the MP Finance case can further be used to decide the amount produced Value Added Tax liability of the Value Added Tax merchants. In addition, does the choice in the MP Finance have the extensive effect that “enterprises” administering their companies by illegal matters should in-list as Value Added Tax merchants? Conclusively, should a prostitute or an illegal drug trafficker in counterfeit goods in list as a Value Added Tax merchant and later record the amount produced in Value Added Tax. Thus, can the prostitute or an illegal drug trafficker in counterfeit goo...
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In the case of MP Finance Group CC in Liquidation versus CSARS, the judicial system known as the Supreme Court of Appeal eventually finished on the argument of the tax collection of illegal earnings and has confidently removed any likely beliefs. (finish paragraph)
Conclusion
To conclude, the necessity of “received by” as explained by the judicial system can be said to equal to something that was accepted by the individual paying the taxes for his or her own advantage. The question comes to the mind whether the understanding by the judicial system of “received by” for reasons of illegal earnings can be widespread to mean “for consideration” for the Value Added Tax meanings. Therefore a contrast may be considered to be drawn between the taxed plan of the “Income Tax Act” and the “Value Added Tax Act”
The decision in Equuscorp is significant, as it has made clear several principles that were once ambiguous under Australian law. It ratifies that restitutionary remedies are unavailable for a claim for money had and received where recovery would reduce coherence in the law. Furthermore, Equuscorp has confirmed that a bare cause of action can be assigned where the assignee has a genuine commercial interest in its enforcement.
In the article, “Amnesty? Let Us Be Vigilant and Charitable”, John F. Kavanaugh, a man who is both a Roman Catholic priest and a professor of philosophy, assaults the current governmental treatment of illegal immigrants, explores and attempts to justify the “unlawful” immigration of many Spanish individuals, and provides viable alternatives to the current laws surrounding this type of immigration.
On late August of 2007, Dana Thomas writes to the general public on the horrors made possible by the buying and selling of counterfeit fashion goods to persuade the end of the consumerism funding monstrous acts. Through the incorporation of ethos, logos, and pathos in her journalism, Thomas persuades her audience with the uncoverings of the sources behind the making of the counterfeit goods.
In doing so, the court departed from the previous rulings in Lister and Sinclar which only found a personal claim. FHR has attracted academic debates, not least because the effect on unsecured creditors. In this respect, Goode 2011 finds it hardly justifiable to allow a principal to rank ahead of the unsecured creditors who have given consideration. Furthermore, Rotherham deems that the finding of constructive trust does not reflect the true intention of briber, because the bribe arguably was never intended for the principal. These points have been noted by Lord Neuberger in FHR, who opined that these should be outweighed by the principal’s proprietary claim. Firstly, the bribe money should not be in the fiduciary’s estate in the first place. Secondly, the payment as such had very often reduced the benefit of the principal relevant transaction and thus can be seen as belonging to the
Hall, A. (2001, August). The Flat Income Tax and the Fair Tax Consumption Tax: A
While most taxpayers agree that tax reform is necessary for our country the problem they encounter is the difficulty they experience when trying to understand all the political terms used when discussing tax reform. This paper is an attempt to help the taxpayers of our country to better understand the political terminology and gain knowledge about some of the proposals that have been explored.
The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the defendant and employees representation on October 30 1998. The agreement stated that they would bring Independent Public Accountant to analyze company financial condition. During the process, all side should work on their duty. The Defendant should pay employees’ wage. The agreement was not guarantee that didn’t mean the dispute process was over, but the negotiation still moved on. During the process, there was another agreement between the defendant and several employees. They agreed the finish the disputed process and the employees would get separation pay. Meanwhile, other employees, who were 153 people didn’t agree with that agreement. Because they didn’t agree each other, so the employees gave the case to the “Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P)”.
2006). Burberry’s product line, especially the famous trademark plaid, unfortunately, is not difficult to imitate, the development of “fake Burberry” affects their revenue. In 2010, Burberry won $1.5 million in counterfeit case (Matthew 2010), but the counterfeit apparel and accessories is still the key issue for all major luxury brand (Maman 2012).
The purpose of this paper is to illustrate the layout of taxation. I will differentiate the types of taxes and the roles that they serve currently. Subsequently, I will explain what equity, efficiency, effectiveness and transparency (EEET) are and show how they apply to taxation as a whole. Lastly, I will conclude how the EEET applies to the four tax types.
Where there is rapid growth comes increased competition; similarities in products across manufacturers have reduced brand differentiation across the board. The problem now is the severe rise of copycat companies and manufacturers that copy designs and specifications of cars, and proceed to undercut the original manufacturer’s profit margins. So to improve their brand standing, every manufacturer’s individually have resort...
Moreover, the auditors had looked out the attitude or rationalisation of the company to justify the fraudulent action. The top management may behalf on their own interest but not the behalf of shareholders to maintain or raise the stock price of the company. In Cendant case, the CUC’s management allegedly inflated earnings by recording increasing revenue and reducing expense to meet expectation.
This paper will examine Finer Bags in detail, focusing on the ethical evaluation of their claim of making “perfect replica” imitations, and the implications this has in corporate culture. Finer Bags employs a questionable level of honesty at the corporate level. There are three aspects to this assessment: truth in advertising to your customers, the question of patent or trademark
Taxation is a compulsory levy imposed on the income, value of goods and services of individuals, partners and companies by the government. It is can be said to be an approach of imposing tax on the citizen. This imposition of tax, is expected to yield income which should be utilized in the provision of both basic and substantial infrastructural amenities, both social and security, as well as creates conditions for the economic well-being of the society at large.
Reviewing the existing literature on this topic, this essay attempts to look at the scale of counterfeiting, the reasons for its growth and the consumer’s attitudes towards counterfeited products. It also provides information about how the counterfeit market poses challenges for customer-brand relations and the strategies that brands can implement to overcome these challenges.