ArticleGST Council Now In ActionGST Constitutional Bill, 2016 was passed by Lok Sabha on 8th August 2016 and received the assent from president on 8th September 2016 and has become the Law. IndiaTaxNangia & Co
ArticleAMC Does Not Tantamount To Make Available Of Technical Knowledge, Not Taxable As FTSSince the amount is not taxable in India, no taxes are required to be deducted by the Assessee.IndiaTaxNangia & Co
ArticleApplicability Of Kerala Flood Cess W.E.F. 1 August 2019Kerala Flood Cess would be applicable from 1 August, 2019 onwards as per notification No. S.R.O. 436/2019 dated 29/06/2019 for a period of two years. IndiaTaxNangia & Co
ArticleSocial Security Agreement Between India And Japan Comes Into Force With Effect From 1 October 2016The Social Security Agreement between India and Japan will come into force with effect from 1 October 2016. IndiaTaxNangia & Co
ArticleWithholding Tax Non-Applicable On Lump Sum Lease Premium Payable On Long-Term Leases – CBDT ClarifiesThe High Courts have debated this issue and have adjudicated that no withholding is required on payments pursuant to long-term leases, as the payments are capital in nature/in the nature of deemed sale. IndiaTaxNangia & Co
ArticleCapital Gain Not Taxable In India As Per India Mauritius Tax TreatyAs per the terms of the SPA the said parent company had various rights and responsibilities as a sponsor.IndiaTaxNangia & Co
ArticleCBEC Issues Clarification On Transaction Of Hiring, Leasing Or Licensing Of GoodsIn terms of Article 366 of the Constitution of India, hiring, leasing or licensing of any goods with transfer of the right to use is deemed to be a sale, thereby subject to VAT/ CST. IndiaTaxNangia & Co
ArticleGrant Of Call Option Results In Capital Gain But Not Taxable Under Singapore TreatyMumbai Income Tax Appellate Tribunal in the case of Praful Chandaria, dealt with the issue of taxability of consideration received by the assessee pursuant to grant of call option in respect of shares of an Indian company.IndiaTaxNangia & Co
ArticleOffshore Supplies Taxable In India In Case Of Composite Contract For Supply And ServicesAAR recently held that the entire contract revenue arising to the Singapore company ("the applicant") towards supply of goods and rendition of services was taxable in India.IndiaTaxNangia & Co
ArticleSwarovski India Pvt Ltd Vs. DCITTribunal upholds taxpayer's contention of exclusion of indirect expenses for margin computation; verify data before considering a company as a comparable.IndiaTaxNangia & Co
ArticlePayment For Technical Services Made For Earning Future Source Of Income Outside India Is Covered By The Source Rule Exclusion Under The ActTax landscape is evolving and ruling of this kind re-enforce taxpayer's confidence that enigma of India's adversarial tax regime is close to its end. IndiaTaxNangia & Co
ArticleForeign Amalgamation Eligible For Tax Exemption In India By Applying Non-Discrimination ClauseThe Assessee approached the AAR for a ruling on tax implications that may arise from the amalgamation. IndiaTaxNangia & Co
ArticlePurchase And Sale Of Shares As An Intermediary Will Be Taxable As Business Income And Not Capital GainThe assessee is a wholly owned Indian subsidiary of Tractebel S.A., Belgium (‘TSA'). In India, TSA had entered into Joint Venture (‘JV') with Jindal Thermal Power Company Ltd (‘Jindal group'). IndiaTaxNangia & Co
ArticleSpecial Purpose Mauritius Company Eligible To Claim Treaty BenefitAuthority for Advance Ruling has recently held that transfer of shares of an Indian company to a USA company is not liable to tax in India under the beneficial provisions of India-Mauritius Treaty. IndiaTaxNangia & Co
ArticleIDT UpdateCBEC issues clarification on applicability of Service Tax on freight-forwarders as intermediary.IndiaTaxNangia & Co
ArticleIncome Of Non-Resident That Is Not Attributable To PE In India Shall Still Be Taxable In India As FTSDelhi Income Tax Appellate Tribunal dealt with the issue of taxability of income received by the assessee, which is not attributable to its Permanent Establishment in India. IndiaTaxNangia & Co
ArticleNorthern Operating Services AlertThe Tribunal dismissed the appeal and cross-appeal of Revenue Authorities and the Taxpayer respectively as the matter in dispute was resolved in MAP proceedings IndiaTaxNangia & Co
ArticleChanges In Company LawAs a precursor, every individual who is a SBO in a reporting company had to submit declaration in Form No. BEN-1 to the reporting company, by 8th May 2019. IndiaCorporate/Commercial LawNangia & Co
ArticleCBDT Amends Income Computation And Disclosure Standards And Also Defers Them By A Year 2016-17Now in deference to this, CBDT has rescinded the old ICDS and notified amended ICDS to be effective from tax year 2016-17 and onwards. IndiaTaxNangia & Co
ArticleThe Tribunal Ruled Out That Scenarios Wherein The Arm's Length Price Determination Of The International Transactions Results In Decline In The Indian Tax Base, The Indian Transfer Pricing Provisions Are Not Applicable In Such InstancesCummins Inc. is a foreign company, rendering services in respect of desktop/laptop software license and internet mail facilities to its Indian associated enterprises, i.e. CIL and CSSL which were paying IT charges provided by the taxpayer. IndiaTaxNangia & Co