Date | Title | Citations |
|---|
| 08/22/2024 | CBDT clarifies that tax clearance certificate is required only in specified circumstances | CBDT press release, dated 20 August 2024 |
| 08/13/2024 | Petition to review the decision on Most Favoured Nation clause in tax treaties dismissed by the Supreme Court | Nestle SA v AO (Review Petition (C) No. 77 of 2024 dated 6 August 2024) |
| 08/07/2024 | Amendments to the direct tax changes proposed by the Union Budget 2024 | - |
| 08/07/2024 | Agency permanent establishment denied as the actual facts did not support the fulfilment of prescribed conditions | ITOCHU Corporation v. ACIT (ITA No 760/Del/2021) (Del) |
| 08/02/2024 | Unilateral amendment in domestic tax law cannot expand the scope of royalty taxation under the tax treaty | CIT v. Telstra Singapore Pte Limited (ITA 334/2022) (Del) |
| 08/02/2024 | India Tax Konnect - July 2024 | - |
| 07/31/2024 | In the absence of an evidence to rebut the genuineness of business activity, the benefit of India-Mauritius treaty granted basis the residency certificate | India Property (Mauritius) Company-Il v. ACIT (ITA No.1020 /DEL/2023) (Del) |
| 07/25/2024 | Government announces Employment Linked Incentives based on enrolment under EPFO along with skilling programme and internship scheme | Press release issued by the Ministry of Labour and Employment |
| 07/25/2024 | Unilateral set-off of Income-tax refund with the past dues by tax department not permissible during liquidation process under Insolvency and Bankruptcy Code | Avil Menezes (Liquidator) v. PCCIT [Company Appeal (AT) (Insolvency) No. 258 of 2024]: Source - IBC Laws |
| 07/24/2024 | India Union Budget 2024-25 | - |
| 07/10/2024 | Service fee arising from a single contract can be bifurcated into business income and fees for technical services for taxation purposes | International Management Group (UK) Limited v. CIT (ITA 218/2017) |
| 07/09/2024 | The Reserve Bank of India releases draft export & import regulations and directions under FEMA, 1999 for public comments | RBI Press Release dated 2 July 2024 |
| 07/01/2024 | India Tax Konnect - June 2024 | - |
| 06/23/2024 | Key recommendations of the 53rd GST Council meeting | - |
| 06/19/2024 | Important updates under Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (EPF Act) | Notified in official gazette on 27 March 2020 |
| 06/14/2024 | General anti-avoidance rule can be invoked for a transaction not covered within the scope of specific anti-avoidance rule | W. P. No. 46510 and 46467 of 2022 |
| 06/07/2024 | Mere existence of a subsidiary does not result in a permanent establishment; the prescribed conditions need to be tested vis-à-vis actual facts | Progress Rail Locomotive Inc. v. DCIT [W.P. (C) 12405/2019] |
| 06/05/2024 | Guarantee charges received by a foreign company from its Indian subsidiary are not interest in nature; taxable as ‘other income’ | Johnson Matthey Public Limited Company v. CIT (ITA No. 717/2018) |
| 06/03/2024 | India Tax Konnect - May 2024 | - |
| 05/29/2024 | Taxation of a foreign company at a higher rate is not prevented by non-discrimination article of the tax treaty | The Royal Bank of Scotland N.V. v. CIT (ITA/155/2005) (Cal) |
| 05/24/2024 | Interest paid by a permanent establishment of a foreign bank in India to its overseas head office is not taxable under the tax treaty | Explanation to section 9(1)(v) with effect from 1 April 2016 |
| 05/14/2024 | Interest free loans given by banks to their employees continue to qualify as fringe benefits and hence taxable | Section 17(2)(viii) of the Income Tax Act, 1961 (the Act) |
| 05/10/2024 | Cost of bonus shares allotted prior to 1 April 2001 is nil; option of taking FMV as on that date as cost is not available | Zash Traders v. ACIT (ITA No.747/Bang/2023) (Bang) |
| 05/07/2024 | Karnataka High Court ruling declares the provisions under EPF Act for International Workers as unconstitutional | The Gazette of India http://egazette.nic.in/WriteRead Data/2008/E_538_2010_002.pdf |
| 05/07/2024 | Premium received on redemption of debentures is interest income; not capital gains | Khushaal C Thackersey v. ACIT (ITA No. 3679/Mum/2015) (Mum) |
| 05/01/2024 | India Tax Konnect - April 2024 | - |
| 04/26/2024 | Safe harbour rule for the angel tax provisions is curative in nature; applies retrospectively | Sakshi Fincap Pvt. Ltd. v. ITO (ITA No. 8389/Del/2019) |
| 04/24/2024 | Payment received for sharing a third-party shrink-wrapped software with a group company is not ‘royalty’ in the absence of transfer of copyright | Saxo Bank A/S v. ACIT (ITA No. 2010/Del/2023) |
| 04/12/2024 | India and Mauritius sign a protocol to amend their tax treaty, introduce principal purpose test provisions | - |
| 04/12/2024 | Discrimination in extending the time limit to apply for registration by the new charitable institutions vis-à-vis the existing ones without a valid reason is unconstitutional | Shri Nrisimha Priya Charitable Trust v. CBDT (W.P. No. 27030 of 2024) (Mad HC) |
| 04/01/2024 | India Tax Konnect - March 2024 | - |
| 04/01/2024 | Providing services to an overseas entity on a principal-to-principal basis cannot be classified as ‘intermediary services’ | Commissioner of G.S.T. and Central Excise v. SNGS International Socks Pvt. Ltd. [(2024) 16 Centax 413 (S.C.)] |
| 03/21/2024 | Notification issued to give the benefit of lower tax rate for royalties and fees for technical services under the India-Spain tax treaty in view of MFN clause with prospective effect | Notification No. 33/2024, F. No. 503/2/1986-FTD-I |
| 03/15/2024 | Duration of the provision of services from outside India is not relevant for the purposes of service permanent establishment | Clifford Chance PTE Ltd.v. ACIT(ITA Nos. 2681 & 3377/Del/2023) (Del) |
| 03/14/2024 | The provision of a cloud-based software-driven platform cannot constitute technical services if it is not cutomised or specifically designed for a particular customer | SFDC Ireland Limited v. CIT (W.P.(C) 14636/2023) (Delhi High Court) |
| 03/13/2024 | India-EFTA TEPA: New era for Indian consumers of Swiss chocolates and legendary Swiss watches! | - |
| 03/05/2024 | In the absence of a principal-agent relationship, the discount offered by the telecom company to its SIM card distributor is not 'commission' for the purposes of tax deduction at source | Bharti Cellular Limited v. ACIT (Civil Appeal No. 7257 of 2011) |
| 03/05/2024 | No disallowance of expenditure for non-deduction of tax at source from the payment to the non-resident for purchase of goods applying non-discrimination article under the tax treaty | CIT v. Mitsubishi Corporation India P. Ltd (ITA 180/2014) |
| 02/29/2024 | India Tax Konnect - February 2024 | - |
| 02/23/2024 | CBDT announces waiver of pending tax demands up to INR100,000 per taxpayer | F/No 375/02/2023-IT-Budget dated 13 February 2024 |
| 02/20/2024 | India’s Social Security Agreement with Brazil has come into effect from 1 January 2024 | EPFO Circular No. IWE-1109/1/2020-IWU/Brazil/E-file (621352)/4763,dated 13 February 2024 |
| 02/16/2024 | The US company does not have a permanent establishment in India for providing airline ticket booking services through its computer reservation system located outside India | ITA No. 216/Del/2016 |
| 02/16/2024 | A part of sales consideration kept in the escrow account which is unlikely to be received by the seller is to be excluded from the full value of consideration while computing capital gains | Modi Rubber Ltd. v. DCIT(ITA No. 6866/Del/2018) (Del) |
| 02/15/2024 | Anti-profiteering provisions under GST are constitutionally valid | Pyramid Infratech Private Limited v. Union of India & Ors. [2024-VIL-84-DEL] |
| 02/01/2024 | India Interim Budget 2024 | - |
| 01/29/2024 | India Tax Konnect - January 2024 | - |
| 01/29/2024 | Capital loss arising from the cancellation of shares of a company is allowable to the shareholders even if no consideration is paid by the company | Tata Sons Limited v. CIT(ITA No. 3468/Mum/2016) (Mum) |
| 01/12/ 2024 | KPMG Tax Highlights - 2023 | Giesecke & Devrient India Pvt Ltd. ACIT [2020] 120 taxmann.com 338 (Del) |
| 01/05/2024 | No reassessment proceedings in the case of the foreign company's capital account transaction of investment in shares of an Indian subsidiary as it did not give rise to any income | Angelantoni Test Technologies SRL v. ACIT (W.P.(C) 15928/2023) |
| 01/04/2024 | CBDT issues another set of guidelines for the deduction of tax at source on e-commerce transactions under Section 194-O of the Income-tax Act | CBDT Circular No. 20/2023, dated 28 December 2023 |
