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Going Concern or Gone Concern? Demystifying Taxation of Slump Sales under Rule 11UAE
The author is Gurasis Singh Grover , a Fifth Year Student from Indian Institute of Management (IIM) Rohtak. Abstract: The taxation of slump sales is not amenable to the general computation of capital gains under Section 45 of Income Tax Act 1961 (“the Act”). Hence, Section 50B introduced a special mechanism for computation. Finance Act 2021 amended Section 50B of the Act to widen the scope of slump sales. Subsequently a CBDT Notification dated 24 May 2021 inserted Rule 11UAE
Gurasis Singh Grover
Jan 48 min read
Rethinking Permanent Establishment in DTAAs: The Hyatt Conundrum
The Supreme Court recently confirmed the Delhi High Court’s judgment which held that Hyatt had a permanent establishment under Article 5 of the Indo-UAE DTAA, thereby denying them benefits under the Indo-UAE DTAA. Relying on the two tests laid down in the Formula One World Championship Ltd v. Commissioner of Income Tax, the court held that Hyatt held substantive control over AHL’s operations. This article argues that the Court overlooked factual differences and misapplied the
Raghunandan N
Oct 6, 20258 min read
Modernising India’s GST Input Tax Credit Framework: Lessons from Canada for Enhanced Efficiency and Fairness
The Goods and Services Tax (hereinafter GST) was introduced by the 122nd Constitutional Amendment Bill, 2014, to provide an integrated indirect tax structure for the country. India was subjected to an elaborate system of indirect taxes by virtue of multiple State and Central levies, which were regarded as hidden costs in the process of trade and industry. So the amendment seeks to simplify the system by providing for a comprehensive, destination-based tax system...
Dev Arora
Jul 13, 20256 min read
TDS on Salaries Earned by Religious Nuns: Application of the Doctrine of Diversion of Income by Overriding Title
With the growing trends of Multinational Companies employing Debt financing instead of equity financing, not only the capital structure of the Companies were distorted, but also the problem of profit shifting and base erosion occurred. Even though the origin of the implementation of thin capitalisation rules in India can be traced back to OECD guidelines, there were a handful of nations that had implemented the rule even before the OECD had acknowledged the problem. What has
Paras Khetan
Jul 4, 20256 min read
Bringing Back the Past: Is India Ready for an Inheritance Tax Revival?
Although log abolished, Indian Inheritance tax remains a hot topic in the tax policy discussions as recently the centre hinted at its pos...
Aditi Srivatsala Astakala
Mar 3, 20259 min read
Beyond Loose Sheets: “Redefining Satisfactory Evidence in Tax Proceedings u/s 153C of the Income Tax Act 1961”
The piece explores the interpretation and evidentiary precision required under section 153 C of Income Tax Act, 1961. The recent order in...
Siddharth Singh & Ruby Aggrawal
Feb 24, 20258 min read
Taxing Carbon Emissions Across Borders - Evaluating the Relevance of CBAM in the Indian Tax Landscape
Countries across the globe have intensified their protection against climate change. The European Union's Carbon Border Adjustment Mechan...
Shivam Agrawal & Priyanshu Pandey
Dec 18, 20247 min read
The Big Question: Can States Tax Central Operations? Insights from the P&H HC Judgement
This blog breaks down the recent judgement given by the Punjab & Haryana High Court in Union of India v. Punjab State Electricity Board &...
Mahi Agrawal
Dec 8, 20248 min read
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