ArticleCBDT Issues Draft Guidelines For Determination Of ‘Place Of Effective Management'India has a ‘residence' as well as ‘source' based taxation. The criterion for determination of residential status of a company was recently amended by the Finance Act, 2015 with effect from 1 April 2015. IndiaTaxKhaitan & Co.
VideoDue Diligence Before You Deal: What Foreign Investors Should Verify Before Acquiring A Business In India
ArticleSKP Global Expansion Updates - May 2017We are pleased to present the April issue of SKP Global Updates – our newsletter that covers employment, payroll, Goods and Services Tax (GST)/Value Added Tax (VAT)...GlobalTaxNexdigm Private Limited
ArticleBudget 2010 to 2011Direct Tax Individuals and HUFs IndiaTaxVispi T. Patel Chartered Accountants
ArticleCancellation Risk For GPU-based NPOs Diluted: A Shift Under The Income-tax Act, 2025The Income-tax Act, 2025 has introduced significant changes to the taxation framework for charitable entities, now classified as registered not-for-profit organisations (NPOs). This article examines how the Finance Act, 2026 has recalibrated provisions governing cancellation of registration for NPOs engaged in general public utility objects, comparing the new framework with the Income-tax Act, 1961 to reveal both intended alignments and unintended departures.IndiaTaxLakshmikumaran & Sridharan
ArticleJudicial Clarity On Interest Deferment Under MOOWR: A Review Of Rajasthan HC Decision In Commissioner v. Acme Aklera Power TechnologyThe article examines the Rajasthan High Court’s recent decision on interest demands for unused goods imported under MOOWR and cleared ‘as such’. It explains that Section 61(2) of the Customs Act, 1962 applies only to goods under Section 61(1)(c), not qualifying manufacturing goods under clauses (a) and (b).IndiaTaxLakshmikumaran & Sridharan
ArticleRetroactive Withholding Requirement Cannot Be Basis For Expense DisallowanceThe Income Tax Appellate Tribunal at Agra recently held in the case of "Metro and Metro" that expenditure incurred for leather testing services by Metro & Metro is taxable as Fees for Technical Services if human intervention is involved in the provision of such services.IndiaTaxNishith Desai Associates
ArticleTax Tribunal ‘Doubts' The Application Of Tax Treaty Benefit To Dividend Distribution TaxThe Mumbai Bench of the Income Tax Appellate Tribunal (Tribunal) in the case of Deputy CIT v. Total Oil India Private Limited (ITA No. 6997/Mum/2019) (Taxpayer) has expressed ‘doubts'...IndiaTaxKhaitan & Co.
ArticleAdjustment Of Previous Losses Of Co-Operative Societies After Amalgamation: Whether Permissible Under Income Tax ActThere were four co-operative societies in the State of Rajasthan wherein the Government of Rajasthan had substantial share holding...IndiaTaxS&A Law Offices
ArticleGST On Corporate Guarantees Issued Without Any Consideration: Torrent Power Ltd v Union Of India & Ors, (2026) 45 Centax 217 (GUJ)The Gujarat High Court has ruled that corporate guarantees furnished by holding companies to subsidiaries constitute taxable supplies under GST, even without consideration...IndiaTaxCMS INDUSLAW
ArticleOne Person Company v/s Limited Liability PartnershipIn India's evolving business environment, the selection of the proper business organizational form is a fundamental decision for every entrepreneur. Out of several available business forms, the One Person Company (OPC)...IndiaTaxAarna Law
ArticleHow Zoho Books Handles Cross-Border Consolidation With Multi-Entity Accounting In The GCCGCC organizations keep expanding the way most successful businesses do. First, a holding company is incorporated in the UAE. It opens a branch in Saudi Arabia. Another entity follows in Bahrain or Qatar. At each stage, the finance team sets up a fresh Zoho Books organization to manage the accounts of that entity. It's a smart, practical choice, and it serves each entity well on its own. A well-planned Zoho Books setup becomes even more valuable as the organization expands across multiple Gulf markets.GlobalTechnologyIMC Group
ArticleStartups.v2 – DIPP Relaxes The Definition And Process For Recognition As A StartupIn January 2016, the government rolled out the ‘Startup India Action Plan' towards its ambitious ‘Startup India-Stand Up India' manifesto. IndiaCorporate/Commercial LawKhaitan & Co.
ArticleFaceless Reassessment After S. 147A: What The Supreme Court Did – And Did Not – DecideThe Supreme Court's recent order in Tej Pratap Singh has reignited a fundamental debate about statutory authority in India's faceless assessment regime. When Parliament retrospectively inserted Section 147A to clarify which officer holds jurisdiction over reassessment notices, it transformed a procedural efficiency measure into a constitutional question about the limits of legislative intervention and the identity of the officer authorized by law to impose tax liabilities. IndiaTaxMetalegal Advocates
ArticleMumbai Tribunal: TRC Is Sufficient Evidence Of Beneficial OwnershipTribunal holds that a valid TRC is evidence of not just residence of taxpayer but also it being the beneficial owner of income.IndiaTaxNishith Desai Associates
ArticleGovernment Announces Action Plan For StartupsThe key policy changes introduced by the Government are discussed in this Ergo newsflash.IndiaCorporate/Commercial LawKhaitan & Co.
ArticleDTAA Vindicated: Sign Of Times To Come?The interpretation and implementation of the provisions of a Double Tax Avoidance Agreement has been controversial since the Vodafone-Hutch deal in 2007. IndiaTaxPSA
ArticleIndian Tax Department Challenges Recent Supreme Court Holding That Offshore Indirect Investment Transaction Is Not Subject To Withholding TaxThe hottest tax case in India has not been resolved just yet. On February 17, 2012, the Indian Tax Department ("ITD") filed a review petition challenging the very recent Supreme Court of India decision in Vodafone International Holdings B.V ("Vodafone BV") v. Union of India & Anr.IndiaTaxMilbank
ArticleKey Amendments To Ministerial Decision On Participation Exemption And Foreign Permanent EstablishmentThe Ministry of Finance has announced amendments to existing ministerial decision no.116 of 2023 on the participation exemption and foreign permanent establishment exemption...IndiaTaxNexdigm Private Limited