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  • Article

    Indirect Tax Newsletter - July 15, 2012

    It has been clarified that since EDI system of message exchange is still not in place, verification of genuineness of duty credit scrips shall continue to be carried out prior to registration of scrips despite deletion of such requirement vide Annual Supplement 2012-13 dated June 5, 2012 from Foreign Trade Policy.
    IndiaTax
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Indirect Tax Newsletter – October 2024

    The October 2024 edition of our Indirect Tax Newsletter brings you key updates on recent developments in the indirect tax landscape.
    IndiaTax
    DMD® Advocates
    DMD® Advocates
  • Article

Is The Difference Between Tax And Fees Obliterated?

The question regarding the meaning and scope of terms Tax and Fees is one of the earliest interpretational issues taken up by the Hon'ble Supreme Court of India, yet the test to differentiate between said terms...
IndiaTax
Lakshmikumaran & Sridharan
Lakshmikumaran & Sridharan
  • Article

    Jurisdiction Of Principal Bench Of GST Appellate Tribunal: Statutory Framework And Early Judicial Signals

    The Goods and Services Tax Appellate Tribunal's Principal Bench has begun operations, but jurisdictional boundaries between it and State Benches remain unclear. Recent contradictory orders reveal uncertainty about when the Principal Bench can hear appeals that don't fall within its statutorily designated categories, raising critical questions for taxpayers seeking timely appellate remedies.
    IndiaTax
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
  • Article

    Key Amendments To Ministerial Decision On Participation Exemption And Foreign Permanent Establishment

    The Ministry of Finance has announced amendments to existing ministerial decision no.116 of 2023 on the participation exemption and foreign permanent establishment exemption...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Marketing Services Rendered By Indian Subsidiary To Foreign Parent Entity / Client Qualify As Intermediary Subject To GST

    Pre sales and marketing services by Indian subsidiary to foreign parent entity qualify as intermediary subject to GST.
    IndiaTax
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Taxing Non-Compete Payments In M&A: Capital Gains Or Business Income?

    In M&A transactions, it is common for buyers to include non-compete obligations restricting sellers from engaging in similar businesses for a defined period.
    IndiaTax
    Globeview Advisors LLP
    Globeview Advisors LLP
  • Article

    The Delhi Tribunal Strikes The Bullseye By Rejecting The Depreciation Claim Of The Taxpayer On Intangible Assets In The Nature Of Government Authorisations/Approvals, Non-Compete Fees And Goodwill

    The know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after 1 April 1998 are...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Tribunal: Conversion Of Compulsorily Convertible Preference Shares Not A Taxable Transfer

    Conversion of CCPS into equity shares is not a taxable transfer
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    AAR Applies ‘Look Through' Approach – Denies Treaty Relief To Mauritian Entities On Indirect Transfer Of Indian Shares

    Between October 2011 to April 2015, the Applicants invested in the shares of Flipkart Private Limited, a company incorporated in Singapore (Flipkart).
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Madras High Court: Indian Company Is Not An Agent For Transfer Of Its Own Shares

    An Indian company cannot be considered as an agent of its non-resident shareholders in relation to the overseas transfer of its shares.
    IndiaTax
    Nishith Desai Associates
    Nishith Desai Associates
  • Article

    Vivad Se Vishwas Scheme – Amendment Proposals

    Direct Tax, 'Vivad se Vishwas' Bill, 2020 (scheme), which was introduced in Lok Sabha on 5 February 2020 faced various concerns from stakeholders on the limitations of the scheme.
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    Tax Treaties And The Principal Purpose Test – Government Clarifies Its Application

    India is a signatory to the Multilateral Convention to Implement Tax Treaty Related Provisions to Prevent Base Erosion and Profit Shifting ("MLI").
    GlobalTax
    Anagram Partners
    Anagram Partners
  • Article

    Government Simplifies Entity Incorporation To Promote Ease Of Doing Business In India

    In line with the Government of India's (GOI's) ambition to break into the Top 50 global destinations in terms of Ease of Doing Business, the Ministry of Corporate Affairs (MCA) has notified a new set of rules...
    IndiaCorporate/Commercial Law
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    India's New Labour Codes And Their Tax Implications

    While the narrative around the labour codes has largely focused on industrial relations, employment flexibility, and worker protection, their implications on taxation and payroll structuring are equally far-reaching.
    IndiaEmployment and HR
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Budget 2026: A Structural Reset Of India's Transfer Pricing Framework

    If Budget speeches were films, Budget 20261 would be the director's cut — fewer special effects, tighter editing, and a clearer narrative. Without resorting to sweeping policy overhauls...
    IndiaTax
    Nexdigm Private Limited
    Nexdigm Private Limited
  • Article

    GST Notices For Assessment Years: What Companies Need To Know, Why They Receive Them And How They Must Respond

    As India's Goods and Services Tax (GST) regime enters a more mature phase, tax authorities have increasingly shifted focus from transition issues to enforcement, audits, and retrospective scrutiny.
    IndiaTax
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Income-Tax Issues In Buying A Business In India

    A jump of 30 ranks (from 130th to 100th) to make an entry into the top 100 in the World Bank's Ease of Doing Business index in its Doing Business Report 2018 clearly shows the results of the legislative improvements ...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    India's 2026 Tax Reforms For Foreign Investors In Government Securities: A Step Towards A More Competitive Sovereign Debt Market

    In a significant move to deepen foreign participation in India’s sovereign debt market, the Government of India promulgated the Income-tax (Amendment) Ordinance, 2026 on 5 June 20261, introducing a comprehensive tax exemption for eligible foreign investors investing in Government securities. Effective retrospectively from 1 April 2026, the Ordinance exempts specified income arising from Government securities from withholding tax and long-term capital gains tax, thereby addressing one of the principal tax-related barriers to foreign investment in Indian debt markets.
    IndiaTax
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Indirect Tax Newsletter April 2021

    Plastic Export Promotion Council (PEPC) authorized to be an agency to issue non-preferential certificate of origin (CoO). [Trade Notice No. 42/2015-2020 dated March 17, 2021]
    IndiaTax
    S&A Law Offices
    S&A Law Offices
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