Mumbai tribunal affirms territorial nexus as essential in determining attributable profits The Mumbai Income Tax Appellate Tribunal (tribunal) has held that a territorial nexus is necessary for determining profits attributable to operations carried out in India. By Rakesh Dharawat & Rishi Kapadia March 21 2019
India: Delhi’s High Court maintains that overseas GE entities have a PE in India Delhi High Court (HC) has confirmed the Income Tax Appellate Tribunal's decision that various overseas entities of the GE Group had a fixed place, permanent establishment (PE), and a dependent... By Rakesh Dharawat & Rishi Kapadia January 28 2019
Indian tax treaty benefits available without providing a tax residency certificate The Income-tax Act, 1961 was amended in 2012 such that non-resident taxpayers are not entitled to claim relief under a tax treaty unless they obtain a tax residency certificate (TRC)... By Rakesh Dharawat October 15 2018
Indian Authority for Advance Rulings rules on PE and income characterisation Litigation in respect of when a non-resident has a permanent establishment (PE) in India has always been a contentious issue. By Rakesh Dharawat & Rishi Kapadia August 24 2018
India: Tribunal rules on agency permanent establishment and profit attribution Recently, the Income Tax Appellate Tribunal gave an important judgement regarding the creation of and attribution of profits to an agency permanent establishment (Agency PE) – Daikin Industries v ACIT... By Rakesh Dharawat July 12 2018
India: Supreme Court rules on the tax implications of loan waivers The issue of whether a waiver of loans results in taxable income for the borrower has been a controversial one in India. By Rakesh Dharawat May 29 2018
