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  • Article

    India Union Budget 2026

    Extending the GIFT City/IFSC tax holiday to 20 years is a standout, with post-holiday period tax rate at a concessional 15%, which is clearly a long-horizon commitment that should accelerate banking...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Mumbai Tribunal Rules DDT Not Applicable On Issuance Of Shares By ‘Resulting Company' To Shareholders Of ‘Demerged Company' In A Tax Neutral Demerger

    Additionally, any distribution of ‘accumulated profits' which entails release of all or any part of the assets of the company to its shareholders is treated as dividend income.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
Article

Supreme Court Rules That Project Office Undertaking Only Liaising Activities Does Not Constitute A Taxable Presence In India

The Supreme Court of India (SC) in Director of Income Tax-II (International Taxation) v M/S Samsung Heavy Industries Co. Ltd. (Civil Appeal No. 12183 of 2016)
IndiaTax
Khaitan & Co.
Khaitan & Co.
  • Article

    Tax Implication Of Earn-Out Transactions

    During any business transaction, differing expectations of the buyer and the seller on the value of the entity is bound to arise.
    IndiaTax
    S&A Law Offices
    S&A Law Offices
  • Article

    Tax Street – November 2025

    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...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Tiger Global After GAAR Treaty Shopping Tax Residency Certificates And What Investors Must Show

    For more than two decades, offshore holding structures using Mauritius and other treaty jurisdictions have been a staple of foreign investment into India, particularly for venture and private equity funds.
    IndiaTax
    Legitpro Law
    Legitpro Law
  • Article

    Transfer Of Capital Asset By Subsidiary To Its 99.99 Percent Holding Company Is Not A Taxable Transfer

    Section 45 of the Income Tax Act, 1961 (IT Act) taxes any profits or gains arising from transfer of a capital asset under the head "Capital Gains".
    IndiaTax
    BDO India LLP
    BDO India LLP
  • Article

    Union Budget 2025

    In this update we have highlighted the key changes made to the indirect tax regime in the Union Budget presented by the Hon'ble Finance Minister on February 1, 2025.
    IndiaTax
    Argus Partners
    Argus Partners
  • Article

    Vistra India Update 388

    Ministry of Corporate Affairs (MCA) has extended the due date for filing Form PAS-6 (Reconciliation of Share Capital Audit Report) for half year ended 30th September, 2019 to 60 days from the date...
    IndiaTax
    Vistra
    Vistra
  • Article

    Delhi HC Reinstates Tax Exemption For Tiger Global's Flipkart Sale, Reversing AAR's Tax Avoidance Claim

    Recently, the Delhi High Court (HC) delivered a noteworthy judgment1 quashing the ruling2 of the Authority for Advance Rulings (AAR) that denied Tiger Global International III...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Instructions Issued For Prosecution And Arrest Under Goods And Services Tax Legislation

    Inspection, search and seizure, summons, prosecution, and arrest provisions are placed in tax legislations in order to tackle tax evaders and protect government revenues...
    IndiaTax
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    ITAT On The Taxability Of Transfer Of Know-How Under Development

    Research and development (R&D) in all fields is a costly affair, but more so in bio-technology, where molecules are first evolved, developed and then subjected to arduous and expensive clinical trials.
    IndiaTax
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Key Recommendations By The 49th GST Council

    The 49th meeting of the GST Council was held on February 18th, 2023. Summarised below are the key recommendations made...
    IndiaTax
    Economic Laws Practice
    Economic Laws Practice
  • Article

    M/S PepsiCo India Holdings Pvt Ltd[1] - AMP Expenditure, Not An International Transaction, Absent Any Agreement, Understanding Or Arrangement

    The taxpayer is a subsidiary of US entity, PepsiCo Inc. and is mainly involved in the manufacturing of soft drink/juice-based concentrate and other agro products.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    New Dimension To The Concept Of "Permanent Establishment

    One of the most important and widely debated concept of Double Taxation Agreements is that of "Permanent Establishment"[hereinafter referred as PE].
    IndiaTax
    S&A Law Offices
    S&A Law Offices
  • Article

    Potential Direct Tax Implications For Digital Economy

    It is noteworthy that this is not the first instance when the companies even without having their physical presence in India, are subjected to compliance implications in India.
    IndiaTax
    LexCounsel
    LexCounsel
  • Article

    Deemed Dividend Under Section 2(22)(e) Shareholders To Watch-Out!

    Dividends traditionally have been taxable either in the hands of the company as Dividend Distribution Tax or in the hands of the shareholders as ‘Income from Other Sources.' However, to avoid paying such tax..
    IndiaCorporate/Commercial Law
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Delhi High Court Holds That Receipt Of Amalgamated Company's Shares Under Amalgamation Against Shares Held As Stock-In-Trade Is Taxable As ‘Business Income'

    The Delhi High Court (HC) in CIT v. Nalwa Investment Ltd ITA 822, 853, 935, and 961 of 2005 has held that transfer of shares held as stock-in-trade,.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    ITAT Mumbai: 'Demerger' Definition Fails Where Undertaking Is Demerged To WOS But Shares Issued By Its Holding Company

    In the case of Sterling Holiday Resorts Limited1, while examining the conditions for a tax-neutral demerger under the Income-tax Act, 1961 (IT Act), the Income-Tax Appellate Tribunal (Mumbai Bench) (ITAT) has, inter alia, held that where the company receiving the demerged undertaking does not itself issue shares to the shareholders of the demerged company, the transaction fails to satisfy the definition of "demerger" under Section 2(19AA) of the IT Act, even if shares are issued by its 100% holding company.
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Tribunal Accords Strict Interpretation To Section 2(41A) To Deny Tax Neutrality To Demerger Where Shares Are Issued By The “holding Company” Instead Of The Company To Whom The Undertaking Is Demerged; Denies Carry Forward Of Losses Under Section 72A Of The Income Tax Act, 1961

    Corporate demergers have long served as an effective mechanism for business reorganisation, enabling companies to segregate business verticals, streamline operations and facilitate strategic investments in a tax-efficient manner. It is not uncommon for group restructurings to involve transfer of an undertaking to a wholly owned subsidiary (“WOS”) while the consideration is discharged through issuance of shares by its holding company—a structure that has, on several occasions, received approval under the Companies Act, 2013.
    IndiaCorporate/Commercial Law
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Showing 741–760 of 1383 results

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