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19 October 2018 at 11 : 53 AM
Tax Hotline: Mumbai Tribunal: Payments for line production services not FTS or royalty
Read MoreOctober 19, 2018 MUMBAI TRIBUNAL: PAYMENTS FOR LINE PRODUCTION SERVICES NOT FTS OR ROYALTY The Tribunal holds that consideration for providing line production services should not be characterized as being FTS either under the ITA or the Treaty since these services are not in the nature of “managerial”, “technical” or “consultancy” services. Payments in lieu […]
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17 October 2018 at 17 : 29 PM
Tax Hotline: Treaty Shopping and GAAR: Learnings from Canada for India
Read MoreOctober 17, 2018 TREATY SHOPPING AND GAAR: LEARNINGS FROM CANADA FOR INDIA Canadian Court rules Luxembourg resident investment holding company entitled to exemption from Canadian capital gains tax under treaty; Claiming exemption did not amount to misuse or abuse of the treaty, GAAR inapplicable Treaty shopping permissible absent rule to the contrary Recently, on August […]
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12 October 2018 at 18 : 39 PM
India: Trade Unions and Collective Bargaining
Read MoreView in Browser Hope you have a good read. Feel free to contact us at ndaconnect@nishithdesai.com.
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12 October 2018 at 09 : 38 AM
Data Protection Bill 2018 -Part II (October 10, 2018)
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11 October 2018 at 15 : 38 PM
Data Protection Bill 2018 -Part I (October 09, 2018)
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11 October 2018 at 15 : 37 PM
Structuring Investments in Distressed Debt (October 08, 2018)
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11 October 2018 at 15 : 07 PM
LIT Update (October 03, 2018)
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11 October 2018 at 13 : 59 PM
Tax Hotline: Mumbai tribunal: TRC is sufficient evidence of beneficial ownership
Read MoreOctober 11, 2018 MUMBAI TRIBUNAL: TRC IS SUFFICIENT EVIDENCE OF BENEFICIAL OWNERSHIP Tribunal holds that a valid TRC is evidence of not just residence of taxpayer but also it being the beneficial owner of income. CBDT Circular 789/2000 relied upon by Tribunal to extend the benefit of presumption of residence and beneficial ownership in the […]
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10 October 2018 at 15 : 14 PM
Tax Hotline: Mumbai tribunal: asset based valuation not applicable to preference shares
Read MoreOctober 10, 2018 MUMBAI TRIBUNAL: ASSET BASED VALUATION NOT APPLICABLE TO PREFERENCE SHARES Tribunal refuses to accept the calculation of fair market value of redeemable preference shares based on net worth of the issuing company. Rules that preference shares and equity shares are different in substance for the purposes of valuation. Rejects argument that premium […]
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9 October 2018 at 19 : 32 PM
Tax Hotline: CBDT issues final notification on 10% tax rate for certain transactions
Read MoreOctober 09, 2018 CBDT ISSUES FINAL NOTIFICATION ON 10% TAX RATE FOR CERTAIN TRANSACTIONS BACKGROUND The Finance Act, 2018 (the “FA, 2018”) introduced Section 112A into the Income Tax Act, 1961 (the “Tax Act”) with effect from April 01, 2018 wherein it stipulated that the capital gains of more than INR 1,00,000 received for alienation […]
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8 October 2018 at 18 : 41 PM
Ineligibility under Section 29A, IBC (September 25, 2018)
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8 October 2018 at 18 : 14 PM
Section 377 judgment Part II (September 20, 2018)
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8 October 2018 at 17 : 29 PM
Section 377 Judgment (September 17, 2018)
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5 October 2018 at 18 : 32 PM
Tax Hotline: NCLT Refuses to Sanction Merger Scheme on Tax Avoidance Grounds
Read MoreOctober 05, 2018 NCLT REFUSES TO SANCTION MERGER SCHEME ON TAX AVOIDANCE GROUNDS NCLT refuses to sanction merger resulting in benefit only for promoters; rules that merger not in the public interest; Rules that hypothetical tax liabilities should be dealt with prior to grant of sanction, not post grant of sanction. Tax authorities raise objections; […]
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4 October 2018 at 18 : 59 PM
Education Sector Hotline: Edtech Platform held liable for hosting infringing content
Read MoreOctober 04, 2018 EDTECH PLATFORM HELD LIABLE FOR HOSTING INFRINGING CONTENT In a recent judgement, the Madras High Court held that: Platforms hosting user content and retaining control over the content, by exercising their right to modify and refuse uploads, cannot claim safe harbour protection under Section 79 of the Information Technology Act, 2000 (“IT […]
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26 September 2018 at 23 : 08 PM
Funds + Regulatory Hotline: SEBI declares NRIs & OCIs eligible for FPIs, prescribes additional KYC norms
Read MoreSeptember 26, 2018 SEBI DECLARES NRIS & OCIS ELIGIBLE FOR FPIS, PRESCRIBES ADDITIONAL KYC NORMS Post consideration of the interim report submitted by the HR Khan working group, SEBI has recently released two circulars for FPIs – one dealing with eligibility criteria for new and existing FPIs that have NRI participation and the other dealing […]
