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  • 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

    FDI Policy Update - Inventory Based E-Commerce Model For Exports

    The Department for Promotion of Industry and Internal Trade (‘DPIIT’) issued a Press Note No. 3 (2026 Series) on 23 July 2026 amending the Consolidated FDI Policy Circular of 2020 dated 15 October 2020 (‘FDI Policy’) in relation to foreign funded e-commerce companies.
    IndiaGovernment, Public Sector
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Merck Life Science Private Limited Vs Union Of India & Ors [ WP 27259 Of 2024], Dated 7 November 2025.

    The two-year limitation period prescribed by law for refund claim of tax wrongly paid is merely directory in nature and not mandatory; legitimate refund claim cannot be denied on the ground of limitation.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Tax Certainty Provided By Delhi High Court On Taxability Of Category III AIFs

    In a recent ruling pronounced by the Hon'ble Delhi High Court in the case of Equity Intelligence AIF Trust vs the CBDT and Anr, the Court has provided the much-needed tax relief...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    IFSCA Approves Third-Party Fund Management Services Framework

    The International Financial Services Centres Authority (‘IFSCA'), in its meeting held on June 24, 2025 has, inter alia, approved pivotal amendments to the IFSCA...
    IndiaFinance and Banking
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Gujarat High Court Holds That Proceedings Based On Omitted Rule 89(4B) Cannot Survive In The Absence Of A Saving Clause

    The Petitioner had challenged the proceedings initiated by the Department for denial of refund claims by invoking Rule 89(4B) of the CGST Rules, 2017. Rule 89(4B), along with Rule 96(10), was omitted by Notification No. 20/2024-Central Tax dated 08 October 2024, without any saving clause preserving pending proceedings. 
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Divisional Bench Overrules The Singal Bench Order Of Refund Of Unutilized ITC In Cash On Account Of The Closure Of Business

    The Appellant, engaged in the business of manufacturing security inks and solutions, was registered under GST in Sikkim. The Respondent's operations were dependent upon supply orders from the Reserve Bank of India.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    FEMA –Amendments Related To Investment In Overseas Funds

    Vide circular dated 7 June 2024 (Circular), the Reserve Bank of India (‘RBI') has introduced two important amendments related to investment under Overseas Portfolio Investment (‘OPI') route.
    IndiaFinance and Banking
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • 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

    Government Unveils Tax And Regulatory Measures To Strengthen G-Sec Market And Facilitate Foreign Portfolio Investment In Equity Market

    The Government of India promulgated the Income-tax (Amendment) Ordinance, 2026 (Ordinance No. 2 of 2026) on 5 June 2026, for immediate legislative action.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Economic Survey 2026 - Highlights

    India's Economic Survey 2026 reaffirms a steady, structurally strengthening economy - despite an increasingly volatile global backdrop.
    IndiaStrategy
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    No Withholding Tax Requirement On Certain Payments Made To Units Set-up In IFSC

    Under the extant tax law, a unit in the International Financial Services Centre (‘IFSC') is eligible for availing a 100% tax deduction on certain eligible income for a period of 10 consecutive years out of 15 years...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Treaty Provisions, Not Transformed Into National Law [Customs Act], Cannot Deprive The Department Of Its Power To Issue SCN

    The Petitioner was engaged in importing tin and lead ingots from Malaysia and claimed preferential customs duty benefits under Customs Notification No. 46/2011, based on Certificates of Origin...
    IndiaLitigation, Mediation & Arbitration
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    M/s Duphar Interfran Ltd. vs. The State Of Maharashtra [Sales Tax Reference No. 9 Of 2012] Dated 21 November 2025

    Bombay High Court held that the situs of a trademark assignment depends on the location of its owner, following the principle mobilia sequuntur personam.
    IndiaIntellectual Property
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Godfrey Phillips India Limited vs Commissioner, Central Tax, New Delhi [Service Tax Appeal No. 51478 Of 2022] Dated December 5, 2025

    Theassessee was engaged in the business of manufacturing goods and providing services. The surplus profit earned by the assessee...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Gujarat High Court Upholds GST Levy On Providing Corporate Guarantees But Reads Down The Deemed 1% Valuation Under Rule 28(2)

    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.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • 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

    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

    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

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