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  • Article

    UAE FTA Clarifies On Downward TP Adjustments

    The UAE Federal TaxAuthority (FTA) has recently issued Public Clarification CTP011¹, setting out its position on downward transfer pricing (TP) adjustments made by a Taxable Person in the Corporate Tax Return, along with the disclosure and documentation expected to support such adjustments.
    United Arab EmiratesTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Non-Applicability Of Section 56(2)(x) To Share Buy-Back Transactions

    Globe Capital Market Ltd (‘Assessee’), is engaged in the business of the share broking and clearing of trades.
    IndiaCorporate/Commercial Law
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Bombay HC Affirms That GST Is Not Applicable On Corporate Guarantees Issued Without Consideration

    The Bombay High Court has ruled that GST is not applicable on corporate guarantees issued without consideration. This landmark decision addresses a critical question for businesses...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Capital Appreciation On Conversion Of OCRPS Into Equity Shares Not Taxable Under Section 56(2)(x)

    The assessee, a private limited company incorporated in Mauritius, acts as an investment holding company by investing in securities of Indian companies...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Reserve Bank Of India (Investment In AIF) Directions, 2025

    The Reserve Bank of India (‘RBI') has issued the Reserve Bank of India (Investment in AIF) Directions, 2025 wherein it has revised the regulatory framework for investment in Alternative Investment Funds...
    IndiaFinance and Banking
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Compensation Paid On Cancellation Of 'Agreement To Sale', Allowable As Cost Of Improvement

    The Assessee1 filed his return of income (‘ROI') for AY 2018-19 declaring total income of INR 17.59 crores. Thereafter, the Assessee filed the revised ROI with total income of INR 13.89 crores.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    ITAT Holds That Repurchase Of Vested But Unexercised ESOPs Is Taxable As Capital Gains And Not Salary

    The Bangalore Bench of the ITAT has delivered an important ruling clarifying the tax treatment of consideration received on repurchase of vested but unexercised employee stock options (ESOPs). The Tribunal held that such consideration is taxable as capital gains and not as salary since the options were never exercised and no shares were allotted.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Relaxations Introduced For Fund Management Entities In IFSC

    In light of the recently held 26th meeting of the International Financial Services Centres Authority (‘IFSCA'), the IFSCA has vide notification dated 27 January 2026, notified the IFSCA (Fund Management) (Amendment)...
    IndiaFinance and Banking
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Supreme Court Affirms Validity Of Section 16(2)(c): ITC Is Admissible Only Where The Supplier Has Actually Remitted Tax To The Government, Provision Held Neither Arbitrary Nor Unconstitutional

    A batch of writ petitions led by Maruti Enterprise challenged the constitutional validity of Section 16(2)(c) of the CGST Act, 2017 before the Hon’ble Gujarat High Court. The petitioners had been denied Input Tax Credit ("ITC") in cases where the supplier had failed to deposit the GST collected from them with the Government, despite the purchasers having paid the full invoice value including GST and having undertaken bona fide transactions.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Cash Compensation For Delay In Flat Handover Not Taxable Under Section 50C

    Suvarna Chandrakant Bhojane (‘the Assessee'), had entered into a development agreement for construction of flats on her land.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Rule 96(10) Of The CGST Rules Held As 'Unconstitutional' As It Imposes Conditions Not Conferred By Section 16 Of The IGST Act, 2017

    The Petitioner(s) being exporters were eligible for refunds of taxes paid on input goods or/and input services, or the IGST paid on exported goods, as provided under section 16 of the IGST Act, 2017.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Mauritius DTAA Eligibility vis-à-vis Grandfathering

    The Asssessee, is a Mauritius based entity, registered as a FPI with SEBI and possess a valid Tax Residency Certificate.
    MauritiusTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Customs Special Valuation Branch - Simplifying Special Valuation

    The General Agreement on Tariffs and Trade (GATT), established in 1947 from the 1944 Bretton Woods Conference, played a pivotal role in shaping the modern global trading system by reducing the trade barriers and promoting economic recovery post war.
    IndiaInternational Law
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Calcutta High Court Distinguishes Between ‘issuance’ And ‘service’ Of Orders Under Section 73 Of The GST Act, Holding That The Limitation Period Attaches To Issuance, And Not Service Of The Order.

    In the present case, a show cause notice was issued to M/s M.M. Motors (‘the Petitioner’) on 20 December 2023, alleging tax short-payment/wrong availment of ITC for the period April 2018 to March 2019. The time limit prescribed for passing the adjudication order under Section 73 was extended up to 30 April 2024 through various notifications under Section 168A of the CGST Act.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    IFSCA Issues New Directions For Operation Of Foreign Currency In IFSC ACCOUNT OF Resident Individuals Under LRS

    The RBI had issued a Circular1 (‘RBI Circular') permitting Indian Resident Individuals (‘RIs') to open Foreign Currency Account (‘FCA') with IFSC Banking Units (‘IBUs')...
    IndiaFinance and Banking
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    CESTAT Upheld That No Service Tax Is Applicable On Refundable Advances And Sale Of Self-Owned Flats Is Sale Of Immovable Property And Thus Not Liable To Service Tax

    The Respondent, M/s Skylink Construction Pvt. Ltd., was registered under service tax for providing construction services, including construction of commercial/industrial buildings...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Guidelines For CGST Field Formations Undertaking Investigations To Ensure Ease Of Doing Business

    The Central Board of Indirect Taxes and Customs ("CBIC") has issued guidelines for investigation proceedings conducted by CGST field formations. Officers are instructed to conduct investigations in accordance...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    High Court Holds That The Transfer Of Business As A Going Concern Is Not A Taxable Supply Under GST, Recognises Such Transfer Of Business Between Two Distinct GST Registrations Of The Same Legal Entity, And Permits Transfer Of Unutilised Input Tax Credit

    The petitioner, a pharmaceutical company engaged in research and development (R&D), had two GST-registered units, one in Vizianagaram, Andhra Pradesh and another in Bengaluru, Karnataka both operating under the same PAN.
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Recommendations Made In The 56th GST Council Meeting

    Recognising the persisting challenges, the GST Council has introduced a significant reform. It has been recommended to amend Section 15(3)(b) and Section 34 of the CGST Act...
    IndiaTax
    Aurtus Consulting LLP
    Aurtus Consulting LLP
  • Article

    Historic Reform In India’s Insurance Sector –100% FDI Now Permitted

    The Indian insurance sector has reached a historic milestone. Following the notification of the Sabka Bima Sabki Raksha (Amendment of Insurance Laws)...
    IndiaGovernment, Public Sector
    Aurtus Consulting LLP
    Aurtus Consulting LLP

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