India: Analysing foreign portfolio investor taxation in India Foreign institutional investors (FII) have enjoyed a beneficial tax regime in India since the introduction of section 115AD of the Income-tax Act 1961 (Act), via the Finance Act 1993. By Mehul Bheda & Venkatraman Iyer October 15 2019
Transfer pricing in the GCC: Shifting sands The subject of transfer pricing (TP) has gained a great deal of momentum globally over the past couple of years. Most of the OECD and G20 countries have implemented TP... By Vartika Jain & Nilesh Ashar September 04 2019
Unpicking India’s budget Dinesh Kanabar and Rishi Kapadia of Dhruva Advisors take a close look at India’s 2019-20 budget and the Finance Bill 2019, which together promise broad-reaching reforms to the tax regime. By Rishi Kapadia & Dinesh Kanabar August 29 2019
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
