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Intersection of Trusts, DTAAs, and IT Act, 1961: Profile of ADIA Case
Abu Dhabi Investment Authority (‘ADIA’) is currently embroiled in a tax dispute in India that involves questions about its eligibility to claim tax benefit under India-UAE DTAA, recognition of foreign trusts in India, and interpretation… Read More »Intersection of Trusts, DTAAs, and IT Act, 1961: Profile of ADIA Case
Water Cess: States Run into a Constitutional Hurdle
Two States – Himachal Pradesh and Uttarakhand – in their attempts to generate additional sources of revenue have run into constitutional hurdles. Both States attempted to levy a ‘water cess’, a tax on use of… Read More »Water Cess: States Run into a Constitutional Hurdle
Kerala versus Union: Dispute Lingers
The dispute between the State of Kerala and Union of India involving disagreement on the latter’s scope of power to restrict debt levels of the former, was referred to a Constitution Bench by the Supreme… Read More »Kerala versus Union: Dispute Lingers
‘Simple and Non-Controversial’: Section 13A, IT Act, 1961
Section 13A was introduced in the IT Act, 1961 via the Taxation Laws (Amendment) Act, 1978 (‘1978 Act’) to grant income tax exemption to political parties. The then Minister of Finance, Shri H.M. Patel, introduced… Read More »‘Simple and Non-Controversial’: Section 13A, IT Act, 1961
Including Capital Gains within Scope of Income: A Short Note from Tax History
Provisions to tax capital gains in India’s income tax law were first included in 1947. The Act XII(22) of 1947, amended Income Tax Act, 1922 (‘IT Act, 1922’) – predecessor to India’s current income tax… Read More »Including Capital Gains within Scope of Income: A Short Note from Tax History
No Service Tax on Carried Interest: GST Applicability Remains an Open Question
In a recent decision the Karnataka High Court has held that a Venture Capital Fund (‘VCF’) is not liable for service tax on carried interest. The decision reversed Customs, Excise & Service Tax Appellate Tribunal’s (‘CESAT’) ruling which was… Read More »No Service Tax on Carried Interest: GST Applicability Remains an Open Question
Portuguese Civil Code, Income Tax, and Companies Act: Understanding Beneficial Ownership
The Bombay High Court, in a recent judgment, had to unravel the interplay of Portuguese Civil Code, IT Act, 1961, and the Companies Act, 1956 – among other issues – to ascertain the tax liability of… Read More »Portuguese Civil Code, Income Tax, and Companies Act: Understanding Beneficial Ownership
Unfamiliar Terrain of Loyalty Points and GST
Levying GST on atypical forms of consideration is a familiar problem under GST regime. One such problem relates to the levy of GST on vouchers issued by a supplier. While we have a modicum of certainty on… Read More »Unfamiliar Terrain of Loyalty Points and GST