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Clause 261: The Privacy Paradox in the Income Tax Bill, 2025
Imagine a situation where a tax authority accesses your social media account, cloud server, email ID, online investment portfolio, etc., on the mere suspicion that you are concealing income or evading taxes without your explicit consent. This isn’t a dystopian novel. This is going to be a real possibility from 1st April 2026, with the introduction of “Virtual digital space” in Clause 261(i) (“the Clause”) of the Income Tax Bill, 2025(“the Bill”), in the Lok Sabha in February
CTL
Feb 206 min read
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
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