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The Finance Act, 2017 also introduced the provision with respect to determining the FMV of shares in the hands of the seller for the purposes of determining capital gains for the seller.

The GAAR provisions were introduced in 2017 and are a powerful weapon in the hands of the tax authorities to challenge a transaction on the basis of lack of commercial substance or lack of bona fides.

In light of the aforementioned, the AAR analyzed the purported role of the Mauritian company i.e. Bidvest in the joint venture.

Employee Stock Option Plans (ESOPs) are a powerful tool for startups and established companies alike, offering employees a sense of ownership while aligning their interests with the company's growth.

As businesses get used to the "new normal", many are now beginning to ask, "What next?" In a post-covid world, for a lot of businesses, the instinct may be to conserve what they have, rather than go into expansion mode.

n the recent MIH India (Mauritius) Limited case, the Delhi Bench of the Income-tax Appellate Tribunal (the "Delhi Tribunal") held that the income earned by way of capital gains by a Mauritius...

The Finance Act 2024 has introduced several impactful changes, particularly in transaction taxes.

Pursuant to a favourable tax ruling for Tiger Global Eight Holdings in the Policybazar case, in the Flipkart Singapore case involving Tiger Global International Holdings (the "Taxpayer")...

AIFs has 3 different categories i.e. Category I (VC Funds, Debt Funds, etc.), Category II (PE funds, Real estate funds, etc.) and Category III (Hedge funds, etc.).

If the control and management of the underlying business is being transferred along with the transfer of the shares of the unlisted entity.

The Finance Act of 2017 had amended Section 10(38) of the Income Tax Act, 1961 to the effect that long term capital gains from transfer of equity shares of companies listed on stock exchanges, ...

The Tax department recently1 attempted to deny tax benefits in respect of capital gains arising from sale of shares.

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) in T. Srikanth v. DCIT [ITA No. 3792/Chny/2025] has unequivocally held that the deeming fiction created u/s 50C of the Income-tax Act, 1961 (‘the Act’), which substitutes stamp duty value as the "full value of consideration" for computing capital gains u/s 48, cannot be imported into section 54F to reduce the quantum of exemption available to a taxpayer who has reinvested the entire actual sale consideration in a new residential house.

By way of a quick round-up, set out below are few key tax changes that will be / are proposed to be effective from 1 April 2017.

The Bangalore bench of the Income Tax Appellate Tribunal in a recent case of M/s Jupiter Capital Pvt. Ltd. v The Assistant commissioner of Income Tax (ITAT order dated 29 November 2018) has allowed the claim for capital loss ...

In a first ruling on the issue, the Income Tax Appellate Tribunal, Mumbai in the case of Legatum Ventures Limited [ITA No. 1627/2022], ruled that capital gains on sale of unlisted shares...

There was a lot of uncertainty and litigations in the past on how to characterise income arising from the transfer of shares or other securities, as business income or capital gains.

India's traditional policy of non-alignment and the Swiss policy of neutrality, coupled with shared values of democracy and rule of law have forged close ties between the two countries.