India: Demystification of scope for claiming tax treaty benefits – welcome stride for f... The Bombay High Court (the High Court) has delivered a landmark precedent while disposing the writ petition filed by a Mauritian company (the petitioner). By Abhishek Mundada & Sandeep Bhalla July 10 2019
India seeks to codify rules on attribution of profits to a permanent establishment On April 18 2019, the Central Board of Direct Taxes (CBDT) issued a public consultation report, laying down its proposal for attribution of profits to a permanent establishment (PE) in... By Ajay Rotti & Aditya Hans & Rahul Mitra May 28 2019
India reforms real estate taxes In April 2019, India implemented GST reform in the real estate sector, seeing rates drop to as low as 1% for some residential sectors. By Ritesh Kanodia & Meetika Baghel May 03 2019
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 & Hariharan Gangadharan 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 & Hariharan Gangadharan 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 & Hariharan Gangadharan May 29 2018
Indian Supreme Court: dominant purpose of investment is irrelevant in determining wheth... Indian law provides that the dividends paid by domestic companies to their shareholders are liable to a dividend distribution tax at the company level. By Rakesh Dharawat & Hariharan Gangadharan April 30 2018
