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Hyatt and the expansion of PE: An Analytical Criticism of the Supreme Court's Fallacies and Misapplication
Recently, in Hyatt International Southwest Asia Ltd. v. Additional Director of Income Tax (‘the Hyatt’), the Hon’ble Supreme Court (‘the Court’) delivered a significant judgment concerning the interpretation of a fixed place Permanent Establishment (‘PE’) under International Taxation. This judgement is particularly significant for how non-resident entities (‘NR’) are taxed in India for having a taxable presence within the country. The Hyatt found that Hyatt International Sout
Shrushti Taori
Jan 297 min read
Enabling ITC on Construction Inputs for Commercial Leasing in India
The GST (Goods and Service Tax) framework in India today denies ITC (Input Tax Credit) for expenses incurred in construction inputs for businesses involved in commercial leasing of real estate (such as office parks, malls, and warehouse facilities). However, since leasing is a taxable supply, developers need to pay GST to the government on the rents charged. This double taxation escalates the cost of construction for developers, who then pass it down to their tenants. Between
Umang Binayakia and Samparna Tripathy
Jan 1215 min read
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
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