Recently , a ruling by AAR against Tiger Global’s claim of exemption on capital gain in the Flipkart –Walmart deal has once again brought forth the issues of treaty shopping and GAAR . Background of the ruling is narrated as follows. Investors of Flipkart included Tiger Global Management, Accel, Naspers , Softbank , Vision Fund […]
What is reverse charge Sec.2(98) of CGST Act : Normally, the supplier of goods or services pays the tax on supply but in the case of Reverse Charge, the receiver becomes liable to pay the tax, i.e., the chargeability gets reversed. As per Section 9 (3) or (4) of the CGST Act 2017 or Section […]
The power to impose sales tax/VAT flows from Entry 54 of List II of Schedule VII of the Constitution of India. Under Article 366(29A) of the Constitution of India, ‘tax on the sale or purchase of goods’ includes (a) a tax on the transfer, otherwise than in pursuance of a contract, of property in any […]
E-Commerce is here to stay. If the pandemic wasn’t enough to impress this point, suspension of international travel, visa delays and immigration bans are only increasing adaptability to E-Commerce amongst the masses. Recognizing that electronic transactions have far reaching implications with respect to taxation, the Indian legislature has put in place certain tax measures with […]
Input Tax Credit is the core subject under GST law, the very objective of GST to provide seamless credit flow and neutralize cascading effects of taxes. Any restriction ITC will enhance transaction cost of the taxpayers and slow down of business of the taxpayers, consequently the restriction of ITC will defeat the very objective of […]
In this Editorial the author shall elaborate the procedures for registration of an entity under ‘Startup India’, an initiative by the Government of India launched in January 2016. Through this scheme, the government is looking forward to driving sustainable economic development and enhance employment opportunities in India. The Procedure to register Startup is simple and […]
The Court examined the contentions of the Petitioner that the Respondent had Bank Accounts and other moveable properties within the territorial jurisdiction of New Delhi along with the Administrative Office. Further, the Respondent submitted that the immovable property was on lease and not owned by the Respondent. However, the Court noted that the Respondent did not deny existence of moveable properties like Bank Accounts within the jurisdiction of the Court.
Ethics is often thought of as a question of personal scruples of the organization/entrepreneur. However, the reality is far from that. Organizations that shy away from providing a decisive leadership that believes in facilitating an ethical environment for the conduct of business dealings knowingly profits from corporate misdeeds. The Corona Virus pandemic has unfortunately swamped […]
We are all spending a disproportionate amount of time trying to figure how the world will be after this Corona saga. Some may work from home; some fear deeprecession; some feel complete government control of our lives, what will it be, we just don’t know! However, we all love living thinking about an uncertain tomorrow. […]
On 04 June 2020, a 3 member bench of the Apex Court passed an interim order that no coercive action be taken against employers for their failure to comply with the 29 March 2020 order of the Ministry of Home Affairs (MHA) for payment of full wages to the workers during the Lockdown. The Court […]
