[The following announcement is posted on behalf of the Indian Journal of Tax Law] The Indian Journal of Tax Law (‘IJTL’) is a biannual journal dealing with taxation. The Journal is published by an independent organization of students from National Law University Odisha. IJTL is India’s first student edited, peer reviewed law journal focusing on taxation. The journal is aimed towards enabling...
Taxation of Income from Transfer of Intangible Assets between Non-Residents
[The following guest post is contributed by Shailendera Singh, who is a lawyer practising in Delhi. He can be reached at [email protected]] A judgment of the Delhi High Court rendered on July 25, 2016 in CUB Pty Limited (Formerly Known as Foster’s Australia Ltd) v. Union of India has held that the situs of an intangible property is where the owner of the property resides, and a transfer...
India-Mauritius DTAA Protocol: Analyzing the Impact
[The following guest post is contributed by Aarush Bhatia, who is a 5th year B.A.LL.B (Hons.) student at CNLU, Patna] Introduction The protocol[i] dated 10 May 2016 amending the Double Taxation Avoidance Agreement (DTAA) between India and Mauritius is arguably the most significant changerelating to direct taxes in India in recent years, considering that approximately a third of all foreign...
GAAR and Tax Treaties
[The following guest post is contributed by Dr. Nigam Nuggehalli, who is an Associate Professor at Azim Premji University, Bangalore] The General Anti-Avoidance Rules (GAAR), to be in effect from April 1, 2017, were introduced by the government in a fit of frustration. The government found that many profitable companies were successful in avoiding tax even though their tax planning measures were...
9th Annual NLSIR Symposium 2015-16 – Goods and Services Tax: The Changing Face of Fiscal Federalism in India
[The following announcement is being posted on behalf of the National Law School of India Review] The National Law School of India Review (NLSIR), the flagship journal of the National Law School of India University (NLSIU), Bangalore is pleased to announce the 9th Annual NLSIR Symposium on Goods and Services Tax: The Changing Face of Fiscal Federalism in India scheduled to be held on 14-15 May...
Indo-Mauritius Double Taxation Avoidance Treaty Renegotiated
Since the liberalization of India’s economy in 1991, a substantial amount of foreign investment into India has come in through Mauritius. This is essentially due to the favourable provisions of the “Agreement for avoidance of double taxation and prevention of fiscal evasion with Mauritius” (the “Mauritius Treaty”) that the Indian Government had entered into way back in 1983. Under article 13(4)...
Taxing E-Commerce through State entry tax laws – a short-term revenue maximisation strategy
[The following is an article published in Business Standard today on the recent trend of taxing E-Commerce through entry tax – authored by Sudipta Bhattacharjee, Principal – Tax Controversy Management, Advaita Legal (views are personal). The final concluding paragraph was not part of the published article, and has been added for the sake of completeness.] ; Taxing E-Commerce through State...
A Move Towards “Pool in India”; However, Room for More Reforms Exists!
[The following post is contributed by Yashesh Ashar, who is a tax and regulatory consultant. Views expressed are personal.] The Finance Bill, 2016 has given in to the much sought-after demand of the domestic private equity (PE) industry by amending the provisions relating to the tax withholding obligations for the category I and category II alternative investment funds (‘AIFs’) registered with...
Bombay High Court on Disallowance under Section 14A of the Income Tax Act and the Binding Nature of Judicial Precedents
[The following guest post is contributed by Kruthika Prakash, Advocate, Madras High Court] The Bombay High Court has recently issued an important judgment in HDFC Bank v. DCIT [2016] 67 taxmann.com 42 (Bom.). The High Court has dealt with the issue of applicability of section 14A of the Income Tax Act [hereinafter “the Act”] in respect of the tax-free income earned on investments in case a party...
Indian REITs – Story So Far, Challenges and Expectations from Budget 2016
[This guest post is contributed by Yashesh Ashar and Swati Adukia. They are tax professionals and specialize in mergers and acquisition tax. Please note that the views are personal] I. Introduction The Securities and Exchange Board of India (“SEBI”) notified the SEBI (Real Estate Investment Trusts) Regulations, 2014 (“REIT Regulations”)...
Recent Comments