#Advance Ruling
Log in to FollowTo facilitate foreign investment into the country a number of steps have been taken by Government of India in the past. Setting up an Authority for Advance Rulings (Central Excise, Customs & Service Tax) to give binding rulings, in advance, on Central Excise, Customs and Service Tax matters pertaining to an investment venture in India is one such measure. The legal provisions of Advance Rulings were introduced through the Finance Acts of 1998, 1999 and 2003.
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Consortium members working together with independent scope not an AOP
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Supply of customized software and enabling client personnel to handle the system amounts to “fees for included services” under the India-US tax treaty
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Bombay HC rules on the binding nature of an advance ruling
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Payment received on account of supply of software products to independent third party re-sellers in India not royalties but business income
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AAR ruling is binding on the revenue authorities despite any contrary ruling in other tax payer’s case
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Taxability of Payment for assignment of contractual rights in connection with the supply of products to foreign company not having PE
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Taxability of transfer of shares of an Indian company from one non-resident to another non-resident for no consideration in the course of group reorganisation
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Taxability of income received by foreign company for procurement support services rendered by its Indian office to other foreign company
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AAR ruling is binding on a taxpayer and the Tax Authority in relation to transaction in respect of which the AAR ruling was sought: Bombay HC
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AAR rules no capital gains on Part IX conversion of firm to company
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AAR on taxability of payments made for support services
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AAR grants Capital Gain exemption under the India-Mauritius Tax Treaty to E*Trade Mauritius – Treaty Shopping permissible within the legal framework
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Profits / losses on futures and options contracts (derivative transactions) would be in the nature of ‘Business Income’: AAR
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