EY Tax Alert. Executive summary. Mumbai Tribunal rules on legality and taxability of certain gift transactions by corporates.
|
|
- Ashley Boyd
- 6 years ago
- Views:
Transcription
1 24 March 2015 EY Tax Alert Mumbai Tribunal rules on legality and taxability of certain gift transactions by corporates Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian businesses. They act as technical summaries to keep you on top of the latest tax issues. For more information, please contact your EY advisor. This Tax Alert summarizes a recent ruling of the Mumbai Income Tax Appellate Tribunal (Tribunal), in the case of KDA Enterprises Pvt. Ltd. [1] (Taxpayer), on the issue of possibility of an Indian company making a transaction of a gift and the tax consequences in the hands of the recipient Taxpayer. In this case, the Taxpayer received, as gift from four companies (Donors), their entitlement to receive dividends from Reliance Industries Ltd. (RIL). The Tribunal agreed that the governing Indian laws regulating corporate entities and the transaction under consideration recognize that a valid gift transaction can be entered into between two Indian corporate entities. Furthermore, the provisions of the Indian Tax Laws (ITL) subject only receipts in the nature of income to tax, unless expressly provided otherwise in the ITL. Therefore, the amount of gift so received by the Taxpayer, being a capital receipt, is not taxable under any provisions of the ITL, as no specific provisions are present in the ITL to tax the same. [1] ITA No. 2662/M/2013
2 Facts of the case Taxpayer The Taxpayer was a company engaged in the business of investment. During the tax year under consideration, the Donors, which were shareholders of RIL, gave irrevocable instruction to RIL to pay dividend directly to the Taxpayer. There was no consideration flowing from the Taxpayer to the Donors for the same. The dividends received from RIL were credited to capital reserve account in the books of the Taxpayer, on the basis that such gift was in the nature of capital receipt and, hence, not required to be credited to the P&L account. This view was also accepted by the statutory auditors of the Taxpayer. Dividend RIL profit for the purpose of Minimum Alternate Tax (MAT). It was further submitted that a transfer of property made voluntarily and without consideration is a valid gift as per the Transfer of Property Act (TPA), even though the gift is between corporate entities. Additionally, since the parties were corporate entities, there was no requirement to satisfy the condition of natural love and affection amongst the parties. The Tax Authority included the amount of gift in the Taxpayer s total income and taxed the same as income from other sources. The Tax Authority also contended that the whole scheme was a camouflage to evade tax and to devoid the Government of its funds. Even if the alleged transaction was not taxed as income from other sources, it should be considered as unexplained cash credit and taxed accordingly. Gift Donors Aggrieved, the Taxpayer filed an appeal before the First Appellate Authority. The First Appellate Authority agreed with the Taxpayer. Aggrieved by the order of the First Appellate Authority, the Tax Authority filed an appeal before the Tribunal. The gift transaction was authorised by the Memorandum of Association (MoA) and Articles of Association (AoA) of the Taxpayer, as well as the Donors, and both the parties passed board resolutions for making/receiving such a gift. This receipt of gift was considered as not taxable by the Taxpayer, being in the nature of a capital receipt. The Tax Authority contested this view. The Taxpayer submitted that the gift transaction was a capital receipt which was made and received in accordance with the governing provisions of the Companies Act. Hence, no addition can be made in computing the total income of the Taxpayer on account of this receipt, either under the normal tax provisions or for arriving at the book Tribunal s ruling On the meaning of gift under the TPA The Tribunal held that the transaction of the gift is valid under the TPA as there is voluntary transfer of a moveable property without consideration. Furthermore, it noted that the provisions of the TPA allow corporates to transfer any property under a gift. On requirements of a valid gift The three essentials of a valid gift transaction i.e., delivery of the gift, donative intent of the Donors to gift and acceptance by the Taxpayer were duly fulfilled. This was evidenced by the receipt of dividend in the Taxpayer s bank account, the resolutions passed by the Donors indicating the intention to transfer the dividend from RIL and the
3 resolution passed by the Taxpayer for due acceptance of the gift. Furthermore, corporates are competent to make and receive gifts and natural love and affection are not necessary requirements. The only requirement for a company to make gifts is to have the requisite authorization in the MoA/AoA, which was satisfied in the present case. Additionally, the specific provisions present under the ITL, the TPA and the erstwhile Gift Tax Act do recognize the possibility of the gift transaction between corporate entities. On taxability of gifts under the ITL For a receipt to be taxable under the ITL, it must necessarily be in the nature of income or its taxation specifically provided for in the statute. Any other receipt that is not in the nature of income is not taxable under the ITL. Additionally, this income is taxable only if it falls under any of the specified heads of income. The gift transaction is not in the nature of salary or income from house property. The Taxpayer is also not engaged in the business of receiving gifts from corporate bodies, to be considered as income from business. It has no relation to capital asset to be considered as a capital gain for the Taxpayer. Only revenue receipts that are in the nature of income can be taxed under the residuary head of income from other sources. The gift transaction under consideration was treated as non-taxable capital receipt in the hands of the recipient Taxpayer. Though, presently, there is a provision for taxing gifts received by corporates, this provision is restricted to receipt of shares of an unlisted company for no or inadequate consideration. It does not cover the receipt under consideration in the present fact pattern, being capital receipt in nature. The Tribunal relied on the Supreme Court s (SC) decision in the cases of Padmaraje R. Kadambande [2] [2] [195 ITR 877 (SC)] and Groz-Beckert Saboo Ltd. [3], in arriving at this conclusion. The provisions under the ITL for taxing unexplained cash credits are applicable only where a taxpayer either offers no explanation or its explanation is unsatisfactory as to the identity of the donors, the donor s capacity/source of payment and the genuineness of the transaction. In the facts of the present case, there was no doubt on the identity of the Donors, their capacity to make a gift or explain the source of dividends. The Tax Authority s suspicion as to the dubious nature of transaction was contrary to the facts of the case, since the transaction was backed by the resolution of the boards of directors of the corporate entities involved, affidavits for making/receipt of gifts and authorization by the respective MoA/AoA of the parties to the transaction. Furthermore, as there was no common shareholding between the Taxpayer and the Donors, provisions to tax the receipt as deemed dividend could not be invoked. With respect to computation of book profit under MAT provisions, the Tribunal relied on the SC s decision in the case of Apollo Tyres Ltd. [4], where the SC held that the Tax Authority has to accept the authenticity of the books of account of a company, prepared as per the provisions of the Companies Act, scrutinized and certified by the statutory auditors, approved by the shareholders and filed before the Registrar of Companies. The Tax Authority has limited power to make adjustments to the book profit so computed. In the case of the Taxpayer, as the gift was not credited to the P&L account, no adjustment was required while determining book profits for the purpose of MAT computation. Furthermore, as the books of account of the Taxpayer were in conformity with the provisions of the Companies Act, the amount received as gifts cannot be added to the book profits computed for the purpose of MAT. [3] [116 ITR 125] [4] [255 ITR 273 (SC)]
4 Comments This well-reasoned decision of the Tribunal has expounded various principles for determining whether a gift transaction is valid. The Tribunal has referred to various laws governing gift transactions between corporate entities and has accepted that, for a valid gift, natural love and affection is not a prerequisite. The Tribunal has reiterated the principles explained by the Chennai Tribunal in the case of Redington (India) Ltd., [5] and has upheld that a gift between corporate entities is a valid and legal transaction. Furthermore, the Tribunal has reiterated the principle on taxability of income that every item of receipt is not, by default, taxable in the hands of the recipient. It has to first satisfy the requirement of being in the nature of income or be covered under a specific provision to tax the receipt under the provisions of the ITL. The Tribunal also reiterated the principles laid down in the SC s decision in the case of Apollo Types (supra) that the Tax Authority has no power to make adjustments to book profits computed for the purpose of MAT if the books of account are in conformity with the provisions of the Companies Act. [5] [TS-419-ITAT-2014(CHNY)] Refer EY Tax Alert dated 18 July 2014
5 Our offices Ahmedabad 2nd floor, Shivalik Ishaan Near. C.N Vidhyalaya Ambawadi, Ahmedabad Tel: Fax: Bengaluru 6th, 12th & 13th floor U B City Canberra Block No.24, Vittal Mallya Road Bengaluru Tel: Fax: Prestige Emerald, No. 4, 1st Floor, Madras Bank Road, Lavelle Road Junction, Bangalore Chandigarh 1st Floor SCO: Sectr 9-C, Madhya Marg Chandigarh Tel: Fax: Chennai Tidel Park, 6th & 7th Floor A Block (Module 601, ) No.4, Rajiv Gandhi Salai Taramani Chennai Tel: Fax: Hyderabad Oval Office 18, ilabs Centre, Hitech City, Madhapur, Hyderabad Tel: Fax: Kochi 9th Floor ABAD Nucleus NH-49, Maradu PO, Kochi Tel: Fax: Mumbai 14th Floor, The Ruby 29 Senapati Bapat Marg Dadar (west) Mumbai Tel Fax th Floor Block B-2, Nirlon Knowledge Park Off. Western Express Highway Goregaon (E) Mumbai Tel: Fax: NCR Golf View Corporate Tower B Near DLF Golf Course, Sector 42 Gurgaon Tel: Fax: th floor, HT House Kasturba Gandhi Marg New Delhi Tel: Fax: th & 5th Floor, Plot No 2B, Tower 2, Sector 126, Noida Gautam Budh Nagar, U.P. India Tel: Fax: Pune C 401, 4th floor Panchshil Tech Park Yerwada (Near Don Bosco School) Pune Tel: Fax: Ernst & Young LLP EY Assurance Tax Transactions Advisory About EY EY is a global leader in assurance, tax, transaction and advisory services. The insights and quality services we deliver help build trust and confidence in the capital markets and in economies the world over. We develop outstanding leaders who team to deliver on our promises to all of our stakeholders. In so doing, we play a critical role in building a better working world for our people, for our clients and for our communities. EY refers to the global organization and may refer to one or more of the member firms of Ernst & Young Global Limited, each of which is a separate legal entity. Ernst & Young Global Limited, a UK company limited by guarantee, does not provide services to clients. For more information about our organization, please visit ey.com. Ernst & Young LLP is one of the Indian client serving member firms of EYGM Limited. For more information about our organization, please visit Ernst & Young LLP is a Limited Liability Partnership, registered under the Limited Liability Partnership Act, 2008 in India, having its registered office at 22 Camac Street, 3rd Floor, Block C, Kolkata Ernst & Young LLP. Published in India. All Rights Reserved. ED None This publication contains information in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Neither Ernst & Young LLP nor any other member of the global Ernst & Young organization can accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any material in this publication. On any specific matter, reference should be made to the appropriate advisor. Kolkata 22, Camac Street 3rd Floor, Block C Kolkata Tel: Fax: EY refers to global organization, and/or one or more of the independent member firms of Ernst & Young Global Limited Join India Tax Insights from EY on
EY Tax Alert. Executive summary
10 October 2014 EY Tax Alert CBDT Circular on threshold limit for transfer of technical manpower to new SEZ unit for availing profit-linked deduction Executive summary Tax Alerts cover significant tax
More informationEY Tax Alert. Executive summary
21 April 2015 EY Tax Alert Delhi High Court declines to interfere with order of lower authorities rejecting Taxpayer s tax holiday claim that units approved under a single license are distinct Executive
More informationMumbai Tribunal rules reimbursement of expenses on secondment of employees not FTS
20 September 2013 2013mber 2012 EY Tax Alert Mumbai Tribunal rules reimbursement of expenses on secondment of employees not FTS Executive summary Tax Alerts cover significant tax news, developments and
More informationBombay HC upholds non-taxability of deferred consideration on transfer of shares in the absence of accrual
18 April 2016 EY Tax Alert Bombay HC upholds non-taxability of deferred consideration on transfer of shares in the absence of accrual Executive summary Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary. Chennai Tribunal upholds salary taxation of SARs benefits received from foreign parent of employer.
11 May 2016 EY Tax Alert Chennai Tribunal upholds salary taxation of SARs benefits received from foreign parent of employer Executive summary Tax Alerts cover significant tax news, developments and changes
More informationPune Tribunal upholds tax deductibility of MTM exchange fluctuation loss on forex loan borrowed to reduce interest cost and hedge export receivables
19 May 2016 EY Tax Alert Pune Tribunal upholds tax deductibility of MTM exchange fluctuation loss on forex loan borrowed to reduce interest cost and hedge export receivables Executive summary Tax Alerts
More informationMumbai Tribunal rules on DAPE in case of marketing and distribution activities carried out by an Indian branch for group companies
4 July 2013 2013mber 2012 EY Tax Alert Mumbai Tribunal rules on DAPE in case of marketing and distribution activities carried out by an Indian branch for group companies Executive summary Tax Alerts cover
More informationEY Tax Alert. Executive summary. Supreme Court rules on year of deductibility of debenture interest paid upfront. 26 March 2015
26 March 2015 EY Tax Alert Supreme Court rules on year of deductibility of debenture interest paid upfront Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary
7 October 2015 EY Tax Alert Karnataka HC rules on availability of foreign tax credit relief where the income is exempt from Indian taxes under incomelinked incentive scheme Executive summary Tax Alerts
More informationDelhi Tribunal rules income of non-resident that is not attributable to PE in India shall still be taxable in India as FTS
12 October 2016 EY Tax Alert Delhi Tribunal rules income of non-resident that is not attributable to PE in India shall still be taxable in India as FTS Executive summary Tax Alerts cover significant tax
More informationEY Tax Alert. Executive summary
3 July 2015 EY Tax Alert SC rules on presumptive taxation; activities inextricably linked with prospecting, extraction or production of mineral oil eligible for presumptive taxation Executive summary Tax
More informationEY Tax Alert. Executive summary. Bangalore Tribunal rules on deductibility of employee share reward discount cross-charged by foreign parent company
22 October 2013 2013mber 2012 EY Tax Alert Bangalore Tribunal rules on deductibility of employee share reward discount cross-charged by foreign parent company Executive summary Tax Alerts cover significant
More informationEY Tax Alert. Executive summary. Supreme Court upholds initiation of prosecution for failure to file return. 3 February 2014
3 February 2014 EY Tax Alert Supreme Court upholds initiation of prosecution for failure to file return Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary
23 July EY Tax Alert Government issues Notifications to restrict benefit in respect of CVD exemption for certain goods under exemption notifications, to domestic manufacturers Executive summary Tax Alerts
More informationEY Regulatory Alert. Executive summary
21 April 2015 2013mber 2012 EY Regulatory Alert The Insurance Regulatory and Development Authority of India issues draft regulations for registration and operations of branch offices of foreign reinsurers
More informationAmendments to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, Executive summary
23 September 2013 August 2013 EY Regulatory Alert Amendments to the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 Executive summary Regulatory Alerts cover significant
More informationMumbai Tribunal rules charterer includes slot charter arrangement for availing treaty benefit under Article 8 of India Malaysia DTAA
22 July 2014 EY Tax Alert Mumbai Tribunal rules charterer includes slot charter arrangement for availing treaty benefit under Article 8 of India Malaysia DTAA Executive summary Tax Alerts cover significant
More informationOperational, prudential and reporting norms for Alternative Investment Funds. Executive summary
1 August 2013 EY Regulatory Alert Operational, prudential and reporting norms for Alternative Investment Funds Executive summary This Regulatory Alert summarizes the operational, prudential and reporting
More informationEY Tax Alert. Executive summary
19 September 2014 EY Tax Alert Bombay HC decides - CENVAT credit refund ineligible in respect of onsite services provided by foreign subsidiaries to overseas clients prior to 27 February 2010, as the same
More informationCBDT revises rules relating to furnishing information in respect of payments to nonresidents
12 August 2013 2013mber 2012 EY Tax Alert CBDT revises rules relating to furnishing information in respect of payments to nonresidents Executive summary Tax Alerts cover significant tax news, developments
More informationIndian Equalization Levy on digital services to be effective from 1 June 2016, administrative rules notified
31 May 2016 EY Tax Alert Indian Equalization Levy on digital services to be effective from 1 June 2016, administrative rules notified Executive summary Tax Alerts cover significant tax news, developments
More informationCBDT amends rules relating to furnishing information in respect of payments to nonresidents
18 December 2015 EY Tax Alert CBDT amends rules relating to furnishing information in respect of payments to nonresidents Executive summary Tax Alerts cover significant tax news, developments and changes
More informationEY Tax Alert. Executive summary. CBDT sets up a Committee to deal with retroactive indirect transfer taxation. 1 September 2014
1 September 2014 EY Tax Alert CBDT sets up a Committee to deal with retroactive indirect transfer taxation Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary
27 July 2015 EY Tax Alert Chennai Tribunal rules on tax withholding obligation on provision for site restoration, year-end expense provisions and roaming charges Executive summary Tax Alerts cover significant
More informationEY Tax Alert. Executive summary
19 August 2015 EY Tax Alert Delhi Tribunal (Larger Bench) rules that interchange fees and merchant establishment discounts earned in respect of credit card transactions not subject to Service tax prior
More informationEY India Real Estate EY s point of view on Amended Foreign Direct Investment (FDI) Policy on Construction Development Sector
16 vember 2015 EY India Real Estate EY s point of view on Amended Foreign Direct Investment (FDI) Policy on Construction Development Sector Q.1 When will be the proposed changes to the FDI Policy in construction
More informationEY Tax Alert. Executive summary
9 January 2015 EY Tax Alert Jabalpur Tribunal rules on interplay between provisions of PE and FTS for taxing installation/commissioning activities in composite contracts Executive summary Tax Alerts cover
More informationCBDT releases fifth round of FAQs on Income Declaration Scheme, 2016
19 August 2016 EY Tax Alert CBDT releases fifth round of FAQs on Income Declaration Scheme, 2016 Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect
More informationEY Tax Alert. Executive summary. SC settles certain controversies on profit-linked deduction for export units. 21 December 2016
21 December 2016 EY Tax Alert SC settles certain controversies on profit-linked deduction for export units Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationAAR rules that provision of business support services to US affiliate are naturally bundled and are not intermediary services
17 March 2016 EY Tax Alert AAR rules that provision of business support services to US affiliate are naturally bundled and are not intermediary services Executive summary Tax Alerts cover significant tax
More informationEY Tax Alert. Executive summary
01 September 2016 EY Tax Alert AAR affirms availability of India-Mauritius treaty benefit on sale of shares of Indian company, distinguishes Bombay High Court ruling of Aditya Birla Nuvo Executive summary
More informationEY Tax Alert. Executive summary
18 March 2014 EY Tax Alert Mumbai ITAT rules on taxability of allotment of additional shares to existing shareholders under the Gift Tax provision Executive summary Tax Alerts cover significant tax news,
More informationEY Tax Alert. Executive summary. Delhi HC rules payment towards live telecast is not royalty. 1 December 2014
1 December 2014 EY Tax Alert Delhi HC rules payment towards live telecast is not royalty Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian
More informationEY Tax Alert. Executive summary. CBDT notifies ITR Forms for Company/ Firms/ LLP/ Trusts and others. 05 August 2015 October 2014
05 August 2015 October 2014 EY Tax Alert CBDT notifies ITR Forms for Company/ Firms/ LLP/ Trusts and others Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary. Mumbai Tribunal rules write-down of investment loss allowable if a direct and proximate nexus exists with a business
21 April 2014 EY Tax Alert Mumbai Tribunal rules write-down of investment loss allowable if a direct and proximate nexus exists with a business Executive summary Tax Alerts cover significant tax news,
More informationCBDT releases second round of FAQs on Income Declaration Scheme, 2016
28 June 2016 EY Tax Alert CBDT releases second round of FAQs on Income Declaration Scheme, 2016 Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect
More informationEY Tax Alert Indian tax administration issues final rules on certain aspects for determining buy-back tax in India Executive summary
18 October 2016 EY Tax Alert Indian tax administration issues final rules on certain aspects for determining buy-back tax in India Executive summary Tax Alerts cover significant tax news, developments
More informationEY Regulatory Alert. Executive summary. SEBI releases Discussion Paper on review of framework for Institutional Trading
5 August 2016 EY Regulatory Alert SEBI releases Discussion Paper on review of framework for Institutional Trading Platform for inviting comments from public on the changes proposed Executive summary Regulatory
More informationEY Tax Alert. Executive summary. Kolkata Tribunal rules on taxability of online advertisement revenues. 18 April mber 2012
18 April 2013 2013mber 2012 EY Tax Alert Kolkata Tribunal rules on taxability of online advertisement revenues Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationKarnataka High Court rules that implementation of customized software is a service and cannot be subject to VAT
14 September 2015 EY Tax Alert Karnataka High Court rules that implementation of customized software is a service and cannot be subject to VAT Executive summary Tax Alerts cover significant tax news, developments
More informationEY Regulatory Alert. Executive summary
12 January 2015 EY Regulatory Alert Central Government notifies the Depository Receipts Scheme 2014 for facilitating issue of Depository Receipts outside India Executive summary Regulatory Alerts cover
More informationSupreme Court rules accumulated losses of amalgamating company to be set off after reducing interest waiver benefit
19 April 2017 EY Tax Alert Supreme Court rules accumulated losses of amalgamating company to be set off after reducing interest waiver benefit Executive summary Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary
25 January 2016 EY Tax Alert AAR rules that transfer of shares of Indian subsidiary by a Mauritius company to a Singapore group entity is not a tax avoidant transaction Executive summary Tax Alerts cover
More informationCBDT introduces form for employee investment declarations and extends due date for quarterly withholding statements
4 May 2016 EY Tax Alert CBDT introduces form for employee investment declarations and extends due date for quarterly withholding statements Executive summary Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary. CBDT modifies returns forms for tax year May mber 2012
7 May 2013 2013mber 2012 EY Tax Alert CBDT modifies returns forms for tax year 2012-13 Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian
More informationEY Tax Alert. Executive summary. Delhi Tribunal rules on advertisement and promotion expenses involving use of trademarks as not royalty.
4 April 2017 EY Tax Alert Delhi Tribunal rules on advertisement and promotion expenses involving use of trademarks as not royalty Executive summary Tax Alerts cover significant tax news, developments and
More informationEY India Defence EY s point of view on amended Foreign Direct Investment (FDI) Policy on Defence Sector
24 June 2016 EY India Defence EY s point of view on amended Foreign Direct Investment (FDI) Policy on Defence Sector Further to the FDI policy reforms in a number of sectors (including defence) as introduced
More informationEY Tax Alert. Executive summary. Hyderabad Tribunal reaffirms the distinction between use of copyright right and copyrighted article.
1 December 2014 EY Tax Alert Hyderabad Tribunal reaffirms the distinction between use of copyright right and copyrighted article Executive summary Tax Alerts cover significant tax news, developments and
More informationEY Tax Alert. Executive summary. CBDT provides clarifications on Direct Tax Dispute Resolution Scheme, September 2016
13 September 2016 EY Tax Alert CBDT provides clarifications on Direct Tax Dispute Resolution Scheme, 2016 Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary
3 June 2014 EY Tax Alert CESTAT rules non-compete fee and trademarks licence fee shall be included while determining the assessable value of the goods, under Central Excise Executive summary Tax Alerts
More informationEY Tax Alert. Executive summary
5 January 2018 EY Tax Alert Mumbai Tribunal rules stamp duty value cannot be deemed as consideration while computing capital gains arising on contribution of land by a partner to the partnership firm which
More informationSecurities and Exchange Board of India notifies regulations for Share Based Employee Benefits
31 October 2014 EY Regulatory Alert Securities and Exchange Board of India notifies regulations for Share Based Employee Benefits Executive Summary Regulatory Alerts cover significant regulatory news,
More informationSecurities and Exchange Board of India and the Reserve Bank of India issue guidelines for international financial services centres
8 April 2015 EY Regulatory Alert Securities and Exchange Board of India and the Reserve Bank of India issue guidelines for international financial services centres Executive summary Regulatory Alerts cover
More informationGuidance Note on FATCA and CRS dated 30 November Key clarifications
7 December 2016 EY Tax Alert Guidance Note on FATCA and CRS dated 30 November 2016 - Key clarifications Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary
16 March 2016 EY Tax Alert CESTAT allows credit of Service tax on transportation, treating the place where property in goods is transferred in terms of Sale of Goods Act - as Place of removal Executive
More informationEY Tax Alert. Executive summary
8 June 2016 EY Tax Alert Delhi HC rules that Service tax shall not be leviable on under construction flats if contract price includes value of land Executive summary Tax Alerts cover significant tax news,
More informationHigh Court rules that in-transit sale in turnkey contracts not eligible for exemption under Section 6(2) of the Central Sales Tax Act
23 September 2015 EY Tax Alert High Court rules that in-transit sale in turnkey contracts not eligible for exemption under Section 6(2) of the Central Sales Tax Act Executive summary Tax Alerts cover significant
More informationEY Tax Alert. Executive summary
5 April 2016 EY Tax Alert CESTAT rules that Service tax is not leviable under reverse charge mechanism on salary and other costs reimbursed by the Indian head office to its foreign branch Executive summary
More informationReserve Bank of India releases draft guidelines for on tap licensing of Universal Banks in the private sector
11 May 2016 EY Regulatory Alert Reserve Bank of India releases draft guidelines for on tap licensing of Universal Banks in the private sector Executive summary In 2013, the Reserve Bank of India (RBI)
More informationBackground. Facts. produce articles or things or completes. substantial expansion.
03 June 2015 EY Tax Alert Chandigarh Tribunal denies fresh five year 100% profit-linked deduction to new units undertaking substantial expansion Executive summary Tax Alerts cover significant tax news,
More informationEY Tax Alert. Executive summary
21 July 2015 EY Tax Alert India signs the Inter-Governmental Agreement with the United States of America to implement Foreign Account Tax Compliance Act to promote transparency on tax matters Executive
More informationEY Tax Alert. Executive summary. Protocol signed on 10 May 2016 to amend the 1982 India- Mauritius tax treaty. 12 May 2016
12 May 2016 EY Tax Alert Protocol signed on 10 May 2016 to amend the 1982 India- Mauritius tax treaty Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that
More informationEY Tax Alert. Executive summary
27 March 2015 EY Tax Alert SC over-rules AP High Court judgment, holds that beedi leaves purchased in auction by branch in AP and transferred to HO in Maharashtra not to be an inter-state sale Executive
More informationReserve Bank of India releases final guidelines for on tap licensing of Universal Banks in the private sector
5 August 2016 EY Regulatory Alert Reserve Bank of India releases final guidelines for on tap licensing of Universal Banks in the private sector Executive summary In 2013, the Reserve Bank of India (RBI)
More informationEY Tax Alert. J&K HC rules that contract receipts of a JV result in diversion of income to JV members; receipt not an income of the JV
21 September 2017 EY Tax Alert J&K HC rules that contract receipts of a JV result in diversion of income to JV members; receipt not an income of the JV Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary. Government of India notifies the entities eligible to issue tax free bonds for financial year
16 August 2013 2013 2013mber EY Tax Alert Government of India notifies the entities eligible to issue tax free bonds for financial year 2013-14 Executive summary Tax Alerts cover significant tax news,
More informationKerala HC upholds the constitutional validity of levy of Service tax on admission and access to entertainment event & amusement facilities
3 May 2016 EY Tax Alert Kerala HC upholds the constitutional validity of levy of Service tax on admission and access to entertainment event & amusement facilities Executive summary Tax Alerts cover significant
More informationEY Tax Alert. Executive summary
27 August 2015 EY Tax Alert CESTAT rules that licence fees shall be included in the assessable value of commercial import of packaged software under Customs Act, 1962 Executive summary Tax Alerts cover
More informationEY Tax Alert. Executive summary. CBDT notifies GAAR rules. Background. 27 September mber 2012
27 September 2013 2013mber 2012 EY Tax Alert CBDT notifies GAAR rules Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect Indian businesses. They
More informationEY Tax Alert. Executive summary. CBDT notifies guidelines for onshore management of offshore funds. 17 March 2016
17 March 2016 EY Tax Alert CBDT notifies guidelines for onshore management of offshore funds Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect
More informationEY Tax Alert. Executive summary. Supreme Court rules on scope of statutory dues allowable as deduction on actual payment.
15 May 2015 EY Tax Alert Supreme Court rules on scope of statutory dues allowable as deduction on actual payment Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert. Executive summary. Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers
28 August 2014 EY Tax Alert Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers Executive summary Tax Alerts cover significant tax news, developments
More informationSpecial Bench rules ESOP discount is deductible on vesting of options
19 July 2013 2013mber 2012 EY Tax Alert Special Bench rules ESOP discount is deductible on vesting of options Executive summary Tax Alerts cover significant tax news, developments and changes in legislation
More informationEY Tax Alert Delhi High Court upholds weighted R&D deduction for recognized inhouse R&D facility from the date prior to recognition and approval
8 August 2017 EY Tax Alert Delhi High Court upholds weighted R&D deduction for recognized inhouse R&D facility from the date prior to recognition and approval Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary. Third Protocol amending the India-Singapore tax treaty signed. 31 December 2016
31 December 2016 EY Tax Alert Third Protocol amending the India-Singapore tax treaty signed Executive summary Tax Alerts cover significant tax news, developments and changes in legislation that affect
More information24 April EY Tax Alert. Mumbai Tribunal rules that itemized sale of assets with an intention to transfer entire undertaking is a slump sale
24 April 2012 EY Tax Alert Mumbai Tribunal rules that itemized sale of assets with an intention to transfer entire undertaking is a slump sale Executive summary This Tax Alert summarises a recent ruling
More information10 April EY Tax Alert. AAR treats buyback of shares as tax avoidance scheme taxable as dividend under Mauritius DTAA
10 April 2012 EY Tax Alert AAR treats buyback of shares as tax avoidance scheme taxable as dividend under Mauritius DTAA Executive summary This Tax Alert summarizes a recent ruling of the Authority for
More informationTransfer pricing for Specified Domestic Transactions
Transfer pricing for Specified Domestic Transactions Introduction Since the introduction of Transfer Pricing (TP) provisions in India in 2001, the provisions have applied to international transactions
More informationGovernment of India amends Income Computation and Disclosure Standards and also defers them by one year to tax year
3 October 2016 EY Tax Alert Government of India amends Income Computation and Disclosure Standards and also defers them by one year to tax year 2016-17 Executive summary Tax Alerts cover significant tax
More informationEY Tax Alert. Executive summary
7 November 2014 EY Tax Alert Levy of Service tax on services provided by AC restaurants and services by hotels, guest house etc. in relation to providing of accommodation, held to be unconstitutional by
More informationEY Tax Alert. Executive summary
12 January 2016 EY Tax Alert Updated Guidance Note on Implementation of Reporting Requirements under Rules 114F to 114H of the Income-tax Rules, 1962- Key additions/ clarifications Executive summary Tax
More informationEY Tax Alert. Executive summary
5 December 2014 EY Tax Alert Karnataka HC rules discount allowed to distributors for prepaid SIM cards and recharge vouchers not liable for withholding as commission or brokerage Executive summary Tax
More informationEY Tax Alert. Mumbai Tribunal rules conversion of compulsory convertible preference shares into equity shares is not transfer.
19 November 2018 EY Tax Alert Mumbai Tribunal rules conversion of compulsory convertible preference shares into equity shares is not transfer Tax Alerts cover significant tax news, developments and changes
More informationIndian Administration issues draft Exit Tax Rules for charitable organisations; invites comments from stakeholders
26 October 2016 EY Tax Alert Indian Administration issues draft Exit Tax Rules for charitable organisations; invites comments from stakeholders Executive summary Tax Alerts cover significant tax news,
More informationMoF issues Notifications and Circular for services relating to transportation of goods by vessel
19 April EY Tax Alert MoF issues Notifications and Circular for services relating to transportation of goods by vessel Executive summary Tax Alerts cover significant tax news, developments and changes
More informationEY Regulatory Alert. Executive summary. ECB Policy- revised framework. 04 December 2015
04 December 2015 EY Regulatory Alert ECB Policy- revised framework Executive summary Regulatory Alerts cover significant regulatory news, developments and changes in legislation that affect Indian businesses.
More informationEY Tax Alert. Executive summary
5 June 2015 EY Tax Alert India joins the Multilateral Competent Authority Agreement to facilitate standardized Automatic Exchange of Information Executive summary Tax Alerts cover significant tax news,
More informationEY Tax Alert. Executive summary
07 June 2016 EY Tax Alert Mumbai Tribunal rules contractually agreed fixed return on equity investment is akin to interest on fixed deposit taxable on year-on-year basis Executive summary Tax Alerts cover
More informationEY Alert. Executive summary
29 May 2013 2013mber 2012 EY Alert Clarifications provided by SEBI on circular prohibiting framing of employee benefit schemes involving acquisition of shares from the secondary market Executive summary
More informationEY PAS Alert. Finance bill proposes tax on long-term gains arising on sale of listed equity shares Impact on employee stock option plans
27 February 2018 EY PAS Alert Finance bill proposes tax on long-term gains arising on sale of listed equity shares Impact on employee stock option plans Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary
13 November 2016 EY Tax Alert Place of Provision of Services Rules, Mega Exemption Notification and Service tax Rules amended to tax Online Information and Database Access or Retrieval Services received
More informationHC denies refund of SAD paid on import of coil sheets sold after corrugation as proflex roof
24 March 2017 EY Tax Alert HC denies refund of SAD paid on import of coil sheets sold after corrugation as proflex roof Executive summary Tax Alerts cover significant tax news, developments and changes
More informationEY Tax Alert. Supreme Court upholds lease equalization adjustment in finance lease as per the ICAI Guidance Note for tax purposes.
27 April 2018 EY Tax Alert Supreme Court upholds lease equalization adjustment in finance lease as per the ICAI Guidance Note for tax purposes Tax Alerts cover significant tax news, developments and changes
More informationEY Tax Alert Bangalore Tribunal rules on constitution of service PE for services rendered virtually as well as physically
12 July 2017 EY Tax Alert Bangalore Tribunal rules on constitution of service PE for services rendered virtually as well as physically Tax Alerts cover significant tax news, developments and changes in
More informationEY Tax Alert. Executive summary. Supreme Court rules on characterization of property rental income as income from house property.
16 May 2017 EY Tax Alert Supreme Court rules on characterization of property rental income as income from house property Executive summary Tax Alerts cover significant tax news, developments and changes
More informationCBEC issues Circulars laying down procedure for investigation of related party import cases by Special Valuation Branch of Customs
12 February 2016 EY Tax Alert CBEC issues Circulars laying down procedure for investigation of related party import cases by Special Valuation Branch of Customs Executive summary Tax Alerts cover significant
More informationAmendments at enactment stage of Finance Bill, 2017
22 March 2017 Amendments at enactment stage of Finance Bill, 2017 The Finance Bill, 2017 (FB 2017 or Bill) was presented by the Finance Minister (FM) on 1 February 2017 [1]. In the wake of representations
More informationEY Tax Alert. Executive summary. Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers
25 August 2014 EY Tax Alert Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers Executive summary Tax Alerts cover significant tax news, developments
More informationEY Tax Alert. Executive summary
26 July 2016 EY Tax Alert Services provided by SEZ unit to the DTA unit of the same legal entity held liable to Service tax, however no tax payable in absence of consideration Executive summary Tax Alerts
More informationMadras High Court rules Indian tax provision notifying Cyprus as non-cooperative jurisdiction is not unconstitutional
14 April 2016 EY Tax Alert Madras High Court rules Indian tax provision notifying Cyprus as non-cooperative jurisdiction is not unconstitutional Executive summary Tax Alerts cover significant tax news,
More information