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  • Taxpayers, officials and advisers came together on September 6 & 7 to discuss all aspects of India’s tax system at International Tax Review’s second annual India Tax Forum in Delhi.
  • In September foreign IT companies were attacked by the Indian media for the low profits they are booking in the country, compared to domestic firms. Practitioners warn, though, that it is not as cut-and-dry as it seems. Sophie Ashley speaks to the high-tech industry to find out more about the problems they are facing and how they operate efficiently in India.
  • Taxpayers hope this case will provide greater clarity in the area of transfer pricing assessment The Indian transfer pricing authorities have no right to question the commercial wisdom of the taxpayer in incurring expenditure for business conduct, the Mumbai Income Tax Appellate Tribunal has ruled.
  • The recently released concept paper on taxation of services based on the Ministry of Finance’s negative list concept has evoked mixed reactions from industry. This is an important development and while industry has lauded the move towards a comprehensive and simplified service tax regime, Harishanker Subramaniam of Ernst & Young explains that there are strong views on the timing of its implementation and its impact on certain sectors.
  • One of the least discussed proposed provisions in India’s Direct Taxes Code is the branch profits tax. The new law proposes to tax profits of the branches of the foreign companies carrying on business in India. Ajit Korde, Commissioner of Income Tax, Indian Revenue Service, discusses some of the aspects of the tax and argues that it should be higher up on taxpayer’s agendas.
  • Navigating India’s tax system is not an easy task. With two new tax laws expected in 2012 and growing aggression from officials, Jack Grocott got three of the country’s leading tax directors to share their knowledge and advice on how best to manage Indian tax.
  • Tax evasion in India is an intensely politicised matter, and disputes such as that surrounding Hyundai Motor India Limited, which faces evasion charges amounting to Rs266 crore ($59 million), indicate that the issue is still as rife as ever. But recent initiatives such as the revised India-Switzerland tax treaty could mark the first significant steps towards reining the problem in. Matthew Gilleard investigates.
  • India’s environmental tax system is still young and undeveloped, but Salman Shaheen looks ahead to see what the future might bring, what it will mean for taxpayers and how best to use tax policy to ensure sustainable growth.
  • Gupta believes the decision could have gone in favour of the taxpayer
  • One issue in the case relates to the use of comparable data not available to the taxpayer The case of Symantec Software Solutions Pvt Ltd, heard before the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT), has implications for the application of transfer pricing provisions, which continue to differ from global best practice.