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  • Article

    India Tax Weekly - May 4, 2012

    Director of Income-tax vs Guy Carpenter & Co Ltd – Delhi High Court.
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Karnataka Professional Tax Amendment 2023: Major Changes Notified

    The Government of Karnataka notified the Karnataka Tax on Professions, Trades, Callings and Employments (Amendment) Act, 2023 in the Official Gazette on 14 March 2023, pursuant to the Governor's assent to the same on 13 March 2023.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
Article

Partners Of A Company (Taxable Person) Can Be Imposed Penalty Under Section 122(1A) And For Periods Before The Said Provision

The Gauhati High Court has ruled on whether partners of a company can face penalties under Section 122(1A) of the CGST Act, 2017, examining the distinction between 'taxable person' and 'any person' in penalty provisions. The judgment addresses the retrospective applicability of Section 122(1A) and diverges from earlier Bombay High Court decisions while aligning with the Delhi High Court's interpretation. The Court analyzed whether natural persons who retained benefits from GST violations can be held liable
IndiaTax
Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
  • Article

    Taxpayer's Choice For Valuation Of Shares At Premium Upheld

    The Income Tax Appellate Tribunal in the case of M/s. Rameshwaram Strong Glass (P) Ltd. v The Income Tax Officer has upheld the right of the company issuing shares to choose the valuation methodology ...
    IndiaTax
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Computer Software Tax Controversy Settled - What Next?

    Hitherto, taxation of cross-border supply of software was a vexed issue on account of High Courts taking contrary views on the understanding / interpretation of the term 'copyright' under
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    DENIAL OF TAX TREATY BENEFITS- ARE GRANDFATHERED INVESTMENTS FAIR GAME?

    In light of the aforementioned, the AAR analyzed the purported role of the Mauritian company i.e. Bidvest in the joint venture.
    IndiaTax
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    GST Update

    The amendment that was introduced via the finance bill is going to be a game changer in certain way as the Central Board of Indirect Taxes and Customs' (CBIC) most recent Notification1.
    IndiaTax
    Legasis
    Legasis
  • Article

    Income From Cloud Hosting Services Not Taxable As ‘Royalty' Holds Tax Tribunal

    For the years in question, the Taxpayer did not file tax returns in India.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    India Revokes Retrospective Applicability Of Tax On Indirect Share Transfers

    Indian parliament proposes not to levy taxes on indirect transfers (i.e. transfer of shares of a foreign company deriving substantial value from assets in India) undertaken prior to May 28, 2012...
    IndiaTax
    BTG Advaya
    BTG Advaya
  • Article

    Section 54F Relief Not Be Diluted By LTCL Set-off Under Section 70

    The Mumbai ITAT ruled that Section 54F capital gains exemption should be calculated on gross long-term capital gains before setting off losses under Section 70. This decision clarifies that the tax relief for reinvestment in residential property cannot be reduced by offsetting long-term capital losses from other transactions.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Temporary Lull Not Cessation Of Business – Rules Supreme Court!

    Business profits of a non-resident can be taxed in India owing to existence of a business connection of such non-resident in India as per the provisions of the Income-tax Act...
    IndiaTax
    AZB & Partners
    AZB & Partners
  • Article

    The Lien That Binds: Reimbursement Of Salaries To Secondees Treated As Fee For Technical Services

    The Delhi High Court has departed from established precedent by ruling that expatriate secondees remain under the control of their seconding entity and retain employment liens, even while working for Indian entities. In Ernst and Young U.S. LLP, the court held that cost-to-cost salary reimbursements for seconded employees constitute Fee for Technical Services under Indian tax law and the India-US tax treaty, overturning the Income Tax Appellate Tribunal's decision that had favored the taxpayer.
    IndiaTax
    AZB & Partners
    AZB & Partners
  • Article

    Consideration In A Contract

    In contract law, consideration is meant to be the exchange of one thing of value for another. It is one of the important elements that must be present for a contract to be legally enforceable.
    IndiaCorporate/Commercial Law
    Corp Comm Legal
    Corp Comm Legal
  • Article

    Five Common Slip-Ups In M&A

    In this era of shrinking global markets, Mergers & Acquisitions ('M&A') are used as instruments of growth and to gain easy market access.
    IndiaCorporate/Commercial Law
    ARA LAW
    ARA LAW
  • Article

    A Much- Awaited Relief To Indian Exporters On Remission Of Duties

    The World Trade Organization has always been of the view that Indian export subsidy schemes like Merchandise Exports from India Scheme, Export Oriented Units, Service Export Incentive Schemes are principally in violation to the Subsidies and Countervailing Measures Agreement...
    IndiaInternational Law
    Kochhar & Co.
    Kochhar & Co.
  • Article

    India-USA To Adopt A Transitional Approach On Equalisation Levy

    Marking a significant step in international tax negotiations, India has issued a press release on 24 November 2021 (Press Release) ...
    IndiaInternational Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Supreme Court Accepts Unconditional Apology From The Tax Authorities For Violating Resolution Plan

    On 27th March 2025, the Honorable Supreme Court of India disposed of the contempt petition accepting unconditional apology of the Tax Authorities, Chhattisgarh
    IndiaLitigation, Mediation & Arbitration
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Tata Sons Private Limited vs. Union Of India & Ors. [Writ Petition No. 4914 Of 2022 – Order Dated 30.04.2026]

    The Bombay High Court ruled on a writ petition filed by Tata Sons Private Limited challenging aspects of arbitration proceedings involving NTT Docomo Inc.
    IndiaLitigation, Mediation & Arbitration
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    53rd GST Council Meeting – Clarifications Issued By CBIC

    The 53rd Goods and Services Tax (GST) Council meeting was held on 22nd June 2024, which made several key recommendations with the objective to promote ease of doing business and reduce protracted litigation.
    IndiaTax
    Acuity Law
    Acuity Law
  • Article

    Ahmedabad ITAT Treats The Transfer As Non-Qualifying Demerger On Violation Of Section 2(19AA)(ii)&(iii)

    The assessee co. is engaged in the business of manufacturing and marketing of pharmaceuticals & Cosmetic products.
    IndiaTax
    Dewan P.N. Chopra & Co.
    Dewan P.N. Chopra & Co.
  • Showing 341–360 of 1383 results

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