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  • Article

    Information Furnished Under DTAA- Evidentiary Value In Trial

    DTAA (Double Taxation Avoidance Agreement) refers to a Tax Treaty that is entered between two countries. The purpose of such Agreements is to make sure that a person does not suffer duplication of taxes.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Introduction Of ‘E-Proceeding' Facility For Scrutiny Assessments

    In October 2015, the Central Board of Direct Taxes (CBDT) initiated a pilot project on the concept of using emails to correspond with tax payers at the time of scrutiny assessments.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
Article

ITAT Delhi Rejects The Allegation Of Constitution Of Permanent Establishment Of Foreign Enterprise Having Subsidiaries In India Sans Satisfaction Of Disposal Test

The Delhi Bench of Income tax Appellate Tribunal, in its recent ruling, allowed the appeal of the foreign company thereby rejecting the allegation of tax authorities on the issue of constitution of Permanent establishment in India, which will have significant bearing on the tax positions taken by multinational companies having subsidiaries in India.
IndiaTax
Vaish Associates Advocates
Vaish Associates Advocates
  • Article

    ITAT Holds Section 94B Disallowance Discriminatory Under India–Denmark DTAA; Deletes Entire Interest Limitation Adjustment

    The Chennai Tribunal in the case of Vestas Wind Technology India Pvt. Ltd. v. ITO* has held that disallowance u/s 94B of the Incometax Act, 1961 (“the Act”) cannot be sustained since it violates the non-discrimination clause contained in Article 24(4) of the India– Denmark Double Taxation Avoidance Agreement (“DTAA”).
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    M/s Alstom Transport India Limited Vs Additional Commissioner, CGST And Central Excise (Appeals) & Ors. [SCA No. 11025 Of 2025 Dated January 23, 2026.

    ThePetitioner, Alstom Transport India Limited (‘ATIL'), came into existence pursuant to an order dated August 10, 2023, passed by the National Company Law Tribunal...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Madras HC Holds Anti-Dumping Duty On Embedded Castings Does Not Extend To Complete Equipment Containing Such Castings

    The Madras High Court held that ADD under Notification No. 42/2017 is leviable only on Castings for wind-operated electricity generators and cannot be extended to the entire gearbox merely because castings form part of such equipment.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    New Financial Year Beginning April 1, 2017: Rebooting Indian Tax Legal Landscape

    The commencement of the new Financial Year beginning April 1, 2017, brings a paradigm shift in the fiscal and tax landscape in India.
    IndiaTax
    Phoenix Legal
    Phoenix Legal
  • Article

    Raghuvansh Agro Farms Ltd. vs State Of Uttar Pradesh & Ors [ WP 3829 Of 2025] Delivered On 17 December 2025

    GST authorities must act within the framework of law, respect jurisdictional boundaries, and avoid arbitrary demands that go beyond statutory provisions.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Renewal Of Provisional Attachment Orders Beyond Statutory Period Held Ultra Vires: Supreme Court Affirms One-Year Limitation Under Section 83 Of The CGST Act

    The appellant challenged these renewed attachments before the Gujarat High Court, contending that Section 83(2) clearly restricts the life of an attachment to one year, with no provision for renewal, re-issuance, or extension...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    SC Upholds That Marketing Of Assigned Music Rights For Own Commercial Benefit Is Not A Taxable Service And Ancillary Marketing Obligations Are Not Separately Taxable

    The Supreme Court has clarified the service tax treatment of marketing and promotion expenditure incurred by a broadcaster on commercially exploiting acquired music and song video rights. The Court upheld the CESTAT’s view that such expenditure does not represent consideration for any taxable service to the film producers, since the broadcaster promoted the rights for its own benefit as assignee and therefore no taxable service relationship existed.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Signing Is Not Always Issuance: Examining The Limitation Requirement Under GST

    The Calcutta High Court recently examined whether a GST adjudication order signed on the last permissible date but communicated to the assessee one day later should be considered time-barred. The court's interpretation of 'issuance' versus 'communication' under Sections 73 and 169 of the CGST Act raises important questions about limitation compliance and procedural transparency in GST litigation.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Supreme Court Rules On Taxability Of Capital Gains In India – Denies Mauritius Tax Treaty Benefits And GAAR Grandfathering Protection

    In a significant development, the Supreme Court, by its judgment dated January 15, 2026, has ruled against the Mauritian investment entities of Tiger Global in relation to their...
    IndiaTax
    AZB & Partners
    AZB & Partners
  • Article

    Supreme Court Ruling In Case Of Tiger Global: Key Observations And Takeaways

    Pursuant to the order of AAR, Tiger Global filed a writ petition before the High Court and the High Court quashed AAR's order and held that Tiger Global is entitled to benefits under the DTAA and their income is not chargeable to tax in India...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Tax Exemptions For Start-Ups Notified

    In order to catalyse entrepreneurship and let the start-up segment flourish, the Indian government has issued a notification1 dated February 19, 2019, which sets out certain tax exemptions available to start-ups...
    IndiaTax
    Obhan Mason
    Obhan Mason
  • Article

    Tax Street - September 2023

    We are pleased to present the latest edition of Tax Street – our newsletter that covers all the key developments and updates in the realm of taxation in India and across the globe
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Taxation Of Foreign Asset Transfers And Offshore Capital Gains

    The transfer of foreign assets often entails a complex interplay of international and domestic taxation principles. In India, the Income Tax Act, 1961 ("Income Tax Act") governs the taxation of such transactions.
    IndiaTax
    AK & Partners
    AK & Partners
  • Article

    Tribunal Reiterates No Capital Gains Tax On Demergers Without Consideration

    In a huge relief to the Birla Group, the Mumbai Bench of the Income-tax Appellate Tribunal (Tribunal) has recently set aside a capital gains addition of over INR 5,200 crores . . .
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Upcoming GST Reforms Will Ensure Open, Transparent Economy: FM Sitharaman Ahead Of GST Council Meet

    The GST Council is expected to deliberate on India's next-generation GST reforms, including rationalisation of tax rates, simplification of compliance, and structural corrections, ahead of an October rollout.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Co-Working Space

    Co-working is a business model in which businesses work independently or collaboratively in shared spaces. Having a physical premise to carry on business activities is a major constraint for most of the businesses in the service sector.
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    A Registered Secured Creditor Has Priority Over Government Dues Under The SARFAESI Act: Bombay High Court

    In a recent judgment, Indian Overseas Bank vs. Deputy Commissioner of State Tax & Ors. , the High Court of Bombay (Court), interpreted Section 26-E...
    IndiaTax
    Phoenix Legal
    Phoenix Legal
  • Showing 421–440 of 1383 results

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