Dealtracker Providing M&A and PE deal insights. Grant Thornton India LLP. All rights reserved.

Size: px
Start display at page:

Download "Dealtracker Providing M&A and PE deal insights. Grant Thornton India LLP. All rights reserved."

Transcription

1 Providing M&A and PE deal insights

2 Contents Foreword 3 Introduction 5 Half yearly deal snapshot 6 M&A deal round up 7 PE deal round up 11 IPO snapshot 13 Sector insight 15 Regulatory insight 18 Deal list 25 2

3 Foreword Dealtracker We have come to the middle of a turbulent year in India s Corporate World. We called this the Year of the M&A at the beginning of 2012 and predicted that volumes of M&A will grow though values will remain subdued. The first half has shown a significant growth in M&A with the number of deals increasing from 508 to 544 while values have dropped from $ 35.4 to 28.3 Billion as expected. We foresee continued growth in M&As in the remaining half of 2012 with robust activity across sectors and we expect continued level of dealmaking in the active sectors of IT/ITES, Pharma and Healthcare, Auto components, Media, Telecom and Financial Services. Private Equity (PE) continues to increase deal making efforts inspite of the overall economic environment and the difficult exit situation. We have seen a robust increase in volumes of PE deals from 195 to 218 transactions but a fall in values indicating that average deal sizes have dropped. We see continued activity in PE space driven by the long term potential of the Indian economy since investors are looking at the medium term and PEs to focus on the consumption story more than infrastructure story given the policy related issues that plague the infrastructure industries. We saw a clear reversal of trend in 2007 where outbound deals overtook inbound deals and saw a reversal in The trend continues in the first half with Inbound Deals dominating the cross border activity both in value and volume. We expect this trend to continue in the second half but forecast the gap to narrow with increased outbound activity by India Inc given the economic uncertainties and policy/procedural hassles of doing business in India. Harish HV Partner- India Leadership Team 3

4 4

5 Introduction Dealtracker We are pleased to present the Half-yearly Deal Tracker which captures the deal activity in India in the 1 st 6 months of 2012 (January to June), our analysis and trends as well insights around deal activity. This edition includes a special feature around deal trends and outlook in the healthcare and e-commerce sector as well as implications of GAAR (General Anti-Avoidance Regulations) on the M&A and PE deals. As we take stock of the half-way mark, we clearly see deal momentum continuing in 2012 with 544 deals as compared to 508 deals in However, the economic headwinds in Europe, overall tightening of liquidity in the market and the impact of the recent Tax Regulations have impacted the value of deals. healthcare, e-commerce and non-banking financial services sector attracted PE and VC investments. Some of the large deal included Advent s investment in Care Hospital, Olympus Capital s investment in DM Healthcare, Accel Partners investment in Flipkart and Warburg Pincus investment into Future Capital. Government s intervention on policy issues, especially, Tax Regulations and FDI in sectors like retail, aviation etc will play a role in driving large transactions, especially, inbound deals. India s growth story remains intact and we hope to see deal momentum rebounding in 2nd half of Happy reading! Deal value in H1/12 was US$ 28.3 Billion, which declined by 20% compared to H1/11. H1/12 witnessed US$ 14.4 Billion of domestic internal mergers and restructuring driven by Sesa Sterlite and TechMahindra Satyam mergers. If we exclude the domestic internal mergers and restructuring, deal value in H1/12 declined by 60% over H1/11. Larger M&A deals in 2012 included HSBC s acquisition of RBS, Sesa Sterlite merger, TechMahindra-Satyam merger, Piramal s acquisition of Decision Resources Group. In the Private Equity space, investor interest appears to be focused on the domestic consumption story and companies in Raja Lahiri Partner, Transaction Advisory Services 5

6 Half yearly deal snapshot Deal Snapshot Highlights Deal summary Volume Value in billion First half H H H H H H Inbound Outbound Cross border Domestic M&A Internal mergers & restructuring Total M&A Private equity Grand Total Half Yearly Trend H1 12 The 1 st half of 2012 witnessed M&A of US$ 24.6 billion which has been the lowest in the last 3 years and about 19% down compared to 1 st half of 2011 Internal mergers and restructuring deals have gained momentum over the years. The first 6 months of 2012 have seen a number of large and historic restructuring deals like Sesa Goa - Vedanta, Tech Mahindra Satyam and UB Scottish & New Castle India A long awaited acquisition of RBS's retail and commercial banking business in India by HSBC was also seen during this period. Other key deals in the first half have been Piramal Group's acquisition of Decision Resources Group, US and Mitsui Sumitomo Insurance s investment into Max New York Life Insurance Private Equity deal value was US$ 3.8 Billion) in 1 st half of 2012 which was about 45% down in value terms compared to 1 st half of Domestic 39% Crossborder 61% Inbound 70% Outbound 30% The key PE deals in 1 st half of 2012 included Morgan Stanley s investment in Continuum Energy, Accel and Tiger Global s investment in Flipkart and Temasek s investment into Godrej Consumer Sectors like healthcare and internet space appears to be sectors liked by some of the players and these sectors continues to attract good investor interest Note: Above represented M&A deals (excluding internal mergers and restructuring) 6

7 Value in US$ billion Number of deals M&A Sector Break Up M&A deal round up Continent Inbound Dealtracker Continent Outbound Banking & Financial Services 24% IT & ITeS 19% H1 10 US$ 28.8 bn Others 30% Pharma, Healthcare & Biotech 12% Telecom 8% Media, Entertainment & Publishing 7% Note: Above represented M&A deals (excluding internal mergers and restructuring) Europe 55.2% Africa 0.12% Australia 0.4% North America 20.4% South America 0.4% Asia 23.5% M&A trends (excluding Internal merger & restructuring) H2 10 US$ 9.9bn H1 11 US$ 29.8 bn H2 11 US$ 14.3 bn Europe 48.6% North America 38.5% South Asia America Africa Australia 6.9% 0.93% 1.2% 3.9% H1 12 US$ 10.1 bn Q1 10 Q2 10 Q3 10 Q4 10 Q1 11 Q2 11 Q3 11 Q4 11 Q1 12 Q2 12 Value Volume

8 Top M&A deals( excluding internal merger & restructuring) M&A deal round up Top internal merger & restructuring deals Acquirer Target US$ mn Hongkong and Shanghai Banking Corporation - UK The Royal Bank of Scotland - retail & commercial banking businesses in india Piramal Healthcare Decision Resources Group - USA 680 Piramal Healthcare Vodafone Essar 618 Mitsui Sumitomo Insurance Company - Japan Max New York Life Insurance Company TV18 Broadcast Eenadu Television Network 395 1, Acquirer Target US$ mn Sesa Goa Ltd (Sesa Sterlite) Sterlite Industries Vedanta Aluminium The Madras Aluminium Company Cairn India 12,769* Tech Mahindra Satyam Computer Services Ltd. 1,400 United Breweries Scottish & Newcastle India 77 Empee Sugars & Chemicals Empee Distilleries 26 Watson Pharmaceuticals Inc - USA Ascent Pharmahealth Ltd - (division of Strides Acrolab) 393 Binani Industries 3B - fibreglass - Belgium 360 Top M&A deals (excluding internal merger & restructuring) accounted for 48% of the Total M&A (excluding Internal merger & restructuring) deal values. * Sesa Goa and Vedanta internal merger & restructuring deal has been considered as a single deal Top 4 internal merger & restructuring deals accounted for 99% of the total Internal merger & restructuring deal values. 8

9 Top M&A deals in top sectors Metals & Mining Acquirer : Sesa Goa Target : Sterlite Industries, Vedanta Aluminium The Madras Aluminium Company Cairn India US$ 12,769 mn Acquirer : Vedanta Aluminium Target : Raykal Aluminium US$ 40 mn Top M&A deals by sector Banking & Financial Services Acquirer : HSBC Target : RBS - retail & commercial banking businesses in India US$ 1,895 mn Acquirer : Mitsui Sumitomo Insurance Target : Max New York Life Insurance US$ 530 mn Although the Eurozone is less optimistic about the growth prospects of their own economies a large proportion of businesses within Europe are actively seeking opportunities abroad and expanding into higher growth markets such as the BRIC economies. Following the financial crisis of 2008, the flow of economic power from west to east has undoubtedly sped up. It is therefore encouraging that enterprising corporates in mature markets appreciate that M&A remains a vital strategic tool to enable them to benefit from these trends. Acquirer : Jindal Steel & Power Target : Gujarat NRE Coking Coal Ltd - Australian arm US$ 25 mn Acquirer : Nippon Life Insurance Target : Reliance Capital Asset Management US$ 290 mn Munesh Khanna, Senior Partner, M&A 9

10 Top M&A deals in top sectors IT & ITeS Acquirer : Tech Mahindra Target : Satyam Computer Services US$ 1,400 mn Top M&A deals by sector Pharma, Healthcare & Biotech Acquirer : Piramal Healthcare Target : Decision Resources Group US$ 680 mn Acquirer : Ybrant Digital Target : PriceGrabber, LowerMyBills ClassesUSA.com US$ 175 mn Acquirer : Watson Pharmaceuticals Inc Target : Ascent Pharmahealth US$ 393 mn Acquirer : NTT Communications Target : Netmagic Solutions Acquirer : Radiant Life Care Target : Guru Harkishan Hospital US$ 128mn US$ 77 mn 10

11 Value in US$ billion Number of deals PE deal round up Top PE Deals Investor Investee US$ mn Morgan Stanley PE Continuum Wind Energy 210 Accel Partners and Tiger Global Flipkart Online Services 150 Temasek Holdings Godrej Consumer Products 137 APG - Pension Fund Lemon Tree Hotels 130 General Atlantic Fourcee Infrastructure Equipments 125 Advent PE CARE Hospital 105 Olympus Capital DM Healthcare Pvt Ltd 100 GIC Vasan Healthcare 100 Morgan Stanley PE Sheth Developer's Mumbai Project 90 Warburg Pincus Future Capital Holdings 84 PE Sector Break Up Others 38% Power & Energy 9% Pharma, Healthcare & Biotech 16% IT & ITeS 14% Banking & Financial Services Real 13% Estate 10% Dealtracker PE Quarterly & Half yearly Trends H1 10 US$ 3.0 bn H2 10 US$ 3.3 bn H1 11 US$ 5.5 bn H US$ 3.2 bn H1 12 US$ 3.8 bn Q1 10 Q2 10 Q3 10 Q4 10 Q1 11 Q2 11 Q3 11 Q4 11 Q1 12 Q Volume Value 11

12 Top PE deals in top sectors Pharma, Healthcare & Biotech Investor: Advent International Investee : CARE Hospital US$ 105 mn Top PE deals by sector IT & ITeS Investor: Accel Partners and Tiger Global Investee : Flipkart Online Services US$ 150 mn Banking & Financial Services Investor: Warburg Pincus Investee : Future Capital Holdings US$ 84 mn Investor: Olympus Capital Investee : DM Healthcare US$ 100 mn Investor: Sequoia Capital Investee : Just Dial US$ 61 mn Investor: Warburg Pincus Investee : AU Financiers US$ 50 mn Investor: GIC Investee : Vasan Healthcare US$ 100 mn Investor: ebay Inc., Norwest Venture Partners, Matrix India Fund, Warburg Pincus Investee : Quikr India US$ 32 mn Investor: NYLIM Jacob Ballas Investee : Religare Finvest US$ 40 mn 12

13 Value in USD million Number of deals IPO snapshot Dealtracker IPO's IPO half yearly Trend Volume & Value Investor US$ mn MCX India , , Tribhovandas Bhimji Zaveri 40.0 Speciality Restaurants 35.2 National Building Construction , , , MT Educare 19.8 BCB Finance 5.8 3, , , Monarch Health Services 4.8 Olympic Cards 4.7 1, H H H H H H H Value Volume 13

14 Grant Thornton India Corporate Finance has a vast experience of over 800 due diligences,1000 valuations and 50 completed transactions. ` 14

15 Sector Insight 15

16 Pharma, Healthcare & Biotech Sector Insight Dealtracker Private Equity focus back on multi-specialty healthcare? The first half of 2012 has seen some of the largest private equity investments in the healthcare delivery sector. Three $100 million deals (GIC's investment in Vasan Healthcare, Advent Private Equity's investment in Care Hospitals and Olympus Capital's investment in DM Healthcare), a Rs 100 crore + investment by Orbimed and Ascent Capital in KIMS Trivandrum and a Rs 100 crore investment by Sequoia Capital in Moolchand Healthcare has really raised the question "Are Multi-Speciality Hospitals back in business as far as PE investments are concerned?". Vasan Healthcare of course is the largest chain of eye-care surgical centres in the country, whereas Care Hospitals, KIMS Trivandrum, DM Healthcare and Moolchand Healthcare are all multi-specialty healthcare operators. Vasan Healthcare, as already highlighted, focuses on single specialty care (ophthalmic surgeries). Single specialty healthcare (eye care, dental, day-surgeries, birthing etc) has been of huge interest for PE funds in the last few years due to better return on capital parameters and greater scalability. The only reported PE investments in multi-specialty hospitals in all of 2011 were in Apollo Hospitals and Vaatsalya Healthcare, both of which cannot be taken as representative Apollo being the largest Indian healthcare operator in terms of market capitalization and Vaatsalya Healthcare being differentiated because of its focus on primary and secondary care in the rural and semi-urban areas. So what has changed in 2012? We take a closer look at these transactions to understand what is likely to have been the driving factor behind these deals. Care Hospitals is among the largest chain of multi-specialty hospitals in the country with a strong presence in several non-metro cities such as Bhubaneshwar, Raipur, Nagpur, Surat and Vishakapatnam. DM Healthcare and KIMS Trivandrum have significant presence in Kerala and GCC, with the added attraction of being able to capitalize on medical tourism from the GCC region into Kerala. Moolchand Healthcare is located in the heart of Delhi, which is considered to be the most lucrative healthcare delivery market in the country, and has demonstrated an ability to add beds and operate more efficiently than several operators in the region. It is however important to note that there is a shortage of healthcare franchises that are operating to scale and profitably and can absorb the amount of capital that PE funds typically look to deploy in this space. Given that, we believe the level of activity in the multi-specialty hospitals space is likely to shift towards strategic deals, with some PE-led buyouts continuing to happen. Mahad Narayanamoni, Partner, Corporate Finance 16

17 Fund and Investee company services Technical excellence and distinctive client services Target profiling Industry/Market scans Assistance with potential target identification Investee Company health check Promoter and Company background checks Financial and Operational Diligences Technology reviews Social & Environmental diligence Other Strategic Services Investing in a Company Managing the Fund Structuring Fund Formation Audit & tax services Deal structuring Estate/wealth planning Investor structuring Compensation & benefits Assurance Tax Advisory Operations and Process efficiency advisory/ reviews Corporate Governance Compliance with regulations SOX, Clause 49 etc Compensation planning HR audits Social and Environmental /CSR reviews Developing MIS/ Reporting Assistance with monitoring accounting Board reconstitution advisory Managing the Portfolio Company Exiting the Investment Preparation of Information Memorandum sale document Exit options advisory Reverse Due Diligences Sell Side Advisory IPO readiness reviews and assistance Reporting Accountant services Financial Statement Conversions IFRS/ US GAAP Tax Structuring Investment structuring Assistance with price negotiations Commercial assessments Deal and Tax structuring Valuation Services Merger Integration M&A Advisory and Support Opening Balance Sheet Audits HR/ Personnel Strategy Advisory Change Management ESOP Services Closing the Investment 17

18 Regulatory insight 18

19 GAAR: A dynamic move in the right direction? Internationally, tax avoidance has been recognized as an area of concern and several countries have expressed concern over tax evasion and avoidance. This is also evident from the fact that most of the nations have legislated or are legislating doctrine of General Anti-Avoidance Regulations (GAAR) in their tax code or strengthening their existing code. Tax payers across the world arrange their business/ affairs in a way that gives them maximum tax advantage. On one hand, tax authorities look through these transactions carrying reduction in tax liability with jaundiced eye while taxpayers label those as genuine tax planning. This difference in approach and outlook becomes the subject matter of debate and turns into protracted litigation. Regulatory insight The main premise of invoking GAAR is that any transaction or step in a transaction which has one of its main purposes i.e. the obtaining of a tax benefit, should be disregarded, or dealt with in such a manner so as to protect the right of the revenue to taxes. In addition to obtaining the tax benefit, the transaction: creates rights and obligations which are not ordinarily created between persons dealing at arm s length; or results directly or indirectly in the misuse of the provisions of the Act; or lacks commercial substance or is deemed to lack commercial substance, in whole or in part; or is entered into in such a manner which are not ordinarily be employed for bonafide purposes. Introduction of GAAR in India GAAR is now contained in the current Income Tax Act. The Direct Taxes Code Bill 2010 (DTC )proposed to implement the GAAR for the first time in domestic legislation. Given the postponement of DTC, GAAR as part of tax reforms was introduced through this year's budget. The Finance Minister has deferred its applicability by a year to 1st April, GAAR is introduced to counter aggressive tax avoidance schemes, while ensuring that it is used only in appropriate cases, by enabling a review by a GAAR panel (known as Approving Panel). Scope of provisions GAAR to tax an impermissible avoidance arrangement which may be a step, a part or whole of an arrangement herein referred to as transaction. In other words, once the tax benefit test is satisfied, the arrangement needs to satisfy at least one of the above four additional tests. Some of important terms used are as explained below. Tax benefit means a reduction, avoidance or deferral of, or an increase in a refund of tax under the Income Tax Act ( ITA or the Act ) a reduction, avoidance or deferral of, or an increase in a refund of tax for a Tax Treaty a reduction in tax bases including increase in loss 19

20 GAAR: A dynamic move in the right direction? Regulatory insight Lack of commercial substance: An arrangement will be deemed to lack commercial substance if 1. the substance or effect of the arrangement as a whole, is inconsistent with, or differs significantly from, the form of its individual steps or a part; or 2. it involves or includes round trip financing; (the ordinary meaning of the word 'roundtripping' is 'a journey to place and back again) an accommodating party ; elements that have effect of offsetting or cancelling each other; or a transaction which is conducted through one or more persons and disguises the value, location, source, ownership or control of fund which is subject matter of such transaction; or 3. it involves the location of an asset or of a transaction or of the place of residence of any party which is without any substantial commercial purpose other than obtaining tax benefit for a party. Consequences if GAAR triggered: Once treated as an impermissible avoidance arrangement, look through is permitted by: disregarding or combining any step of the arrangement ignoring the arrangement for the purpose of taxation law disregarding or combining any party to the arrangement reallocating expenses and income between the parties to the arrangement relocating place of residence of a party, or location of a transaction or situs of an asset to a place other than provided in the arrangement considering or looking through the arrangement by disregarding any corporate structure re-characterizing equity into debt, capital into revenue etc. If a transaction is regarded as an impermissible avoidance transaction, it could be disregarded, combined with any other step in the transaction or re-characterized, or the parties to the transaction could be disregarded as separate persons and treated as one. The provisions are drafted in a manner to permit the application of principles relating to lifting corporate veil, substance over form test, economic substance test, and thin capitalization rules such as re-characterisation of debt into equity or vice versa. It is provided that GAAR shall be applied in accordance with such guidelines and subject to such conditions and the manner as may be prescribed. The Finance Minister had announced that a Committee was constituted under the Chairmanship of the Director General of Income Tax (International Taxation) to give recommendations for formulating the rules and guidelines for implementation of GAAR and to suggest safeguards so that these provisions are not applied indiscriminately. 20

21 GAAR: A dynamic move in the right direction? Regulatory insight The Committee has recently, made certain recommendations for incorporating in the guidelines to be prescribed. These recommendations are open for consultation and feedback from the stakeholders. Summarily, these recommendations include setting a monetary threshold, prescribing statutory forms for reference for invoking GAAR, approving panel be provided the secretariat staff along with appropriate budgetary and infrastructure support by the Central Board of Direct Taxes, including a detailed note explaining provisions of GAAR and illustrations for scope of GAAR. Till the time we see a final version of guidelines, the applicability of GAAR will continue to be a surprise. Impact of GAAR on Mergers and Acquisitions (M&A): Taxpayers, domestic and foreign, will witness a paradigm shift in empowerment and approach of tax authorities in India towards taxation of transactions, structures and arrangements. GAAR may impact cross border deals, investments into India by foreign institutional investors and private equity funds, domestic transactions, even within two units of one conglomerate., These provisions are substantially overriding in nature and would impact all restructuring and acquisitions. GAAR provisions expressly clarify that the holding period of a structure or arrangement and the fact that it provides a legitimate exit route for investors is not relevant for the purpose of determining commercial substance. Some of the emerging concerns are mentioned below which are becoming boost dampener for M&A market. 1. Wide scope: Under the present provisions, while a transaction as a whole may be a bonafide one, however the tax authorities can invoke GAAR if any of the steps on a standalone basis are undertaken to obtain a tax benefit. Consequently, even genuine business transactions might fall on the wrong side of GAAR. In fact, it seems that while taking all commercial decisions and determining the manner of their implementation, the tax implications of these provisions would play a pivotal role. 2. GAAR vs. Treaty provisions: GAAR would apply to a taxpayer irrespective of the fact that the treaty provisions are more beneficial. It may be noted that a unilateral enactment of a new domestic tax law which is contrary to an existing treaty, without an amendment in treaty could possibly be regarded as violation of international law and is generally known as treaty override. It may be relevant to note that according to rules of legislative interpretation, specific legislation overrides general legislation. Therefore, an argument may be taken that change of a domestic law generally, which could be the case with GAAR, may not affect the treaty. However, in the absence of an anti-avoidance provision under the treaty, the reaction of India s treaty partner countries needs to be observed. 21

22 GAAR: A dynamic move in the right direction? Regulatory insight It may be noted while the limited treaty override provisions are theoretically in line with substance over form rule or economic substance rule (as envisaged under the OECD commentary and global practice for anti-avoidance measures), it is unclear as to how such interplay between the tax treaty provisions and the domestic override provisions would be balanced by the tax administration. For instance, if a particular transaction is eligible for tax treaty relief (especially in where the tax treaty already has a limitation of benefit clause), could the domestic anti-avoidance rules still be invoked by the revenue to pierce the corporate veil and deny tax treaty relief? 3. Wide powers of tax authorities: The language of GAAR as it stands today, provide tax authorities powers to invoke GAAR by using any one of the criterion which are vast as well as ambiguous. Thus there is need to lay down more objective criteria and specific administrative guidelines for invoking GAAR and determining the tax consequences in cases where GAAR is invoked and to establish a reasonable level of accountability for the tax authorities. 4. GAAR vs. SAAR: There are varied international precedents when it comes to the interaction between general and special anti-abuse provisions, with some jurisdictions ruling out applicability of general anti avoidance measures in cases where more specific anti-abuse provisions have been applied such as Germany. The approach of OECD countries is different, with common law countries espousing a view that the existence of special anti-avoidance measures cannot preclude overarching general anti-avoidance rules. On interplay between SAAR and GAAR, the Committee's recommendation is that under normal circumstances, where SAAR is applicable, GAAR should not be invoked. However, in an exceptional case where SAAR is defeated, applicability of GAAR provisions can be checked. 5. Approach to AAR: All taxpayers, resident as well as non-resident, can approach the Authority for Advance Ruling to know whether an arrangement to be undertaken was permissible under GAAR. This move should take care of some of the emerging concerns relating to uncertainty as it provides opportunity for a more comprehensive consideration of proposed transaction well in advance. Conclusion For a foreign investor a country s tax regime is very significant factor if not a decisive factor. Today businesses are looking at inorganic growth to achieve better economies of scale, synergy and competency in form of business reorganizations. Therefore the tax policies of the government need to be critically framed as to achieve the purpose of tax reform and also being positive to business environment of the country. Worldwide, GAAR has been criticized and supported equally by international tax experts. The rule of law requires law to be certain and predictable, such that law abiding citizens are aware of what is permitted and what is prohibited. While the concept of GAAR may as such be against this principle, to some extent, GAAR is important, since it is not humanly possible to make laws for each and every tax avoidance tool used by a creative taxpayer. 22

23 GAAR: A dynamic move in the right direction? Regulatory insight The success of GAAR lies in its judicious, selective and sensible implementation. In the Indian context, considering the aggression of tax administration in some cases, the introduction of GAAR may be worrisome to a tax payer unless implemented in the balanced manner with adequate safeguards for protecting the taxpayer. Tax payers would keenly await draft subordinate legislation, which law makers expect would be open for public debate. The intent of the Indian lawmakers to legislate GAAR is progressive in so far as tax policy decisions are directed. However, an important question is whether, in the current context, the introduction of GAAR is well timed, or still a premature effort towards alignment with internationally accepted principles of anti-avoidance. Anshu Khanna, Partner, Walker, Chandiok & Co. 23

24 About Grant Thornton India LLP Grant Thornton India LLP is a member firm within Grant Thornton International Ltd. The firm is one of the oldest and most prestigious accountancy firms in the country. Today, it has grown to be one of the largest accountancy and advisory firms in India with nearly 1,100 professional staff in New Delhi, Bengaluru, Chandigarh, Chennai, Gurgaon, Hyderabad, Kolkata, Mumbai and Pune, and affiliate arrangements in most of the major towns and cities across the country. Focus Sectors and Segments Grant Thornton India LLP has extensive experience across industries and businesses of different sizes. The firm runs focused practice group in the following industries, sectors and market segments : - Technology - Healthcare &Life Sciences - Real estate - Infrastructure - Public Sector - International Standards - Cross- border transactions - Indo US Business Sector - Indo- UK Business Sector - Indo African business sector Service Areas The firm s core service areas are as follows - Assurance - Audit - IFRS - US GAAP - XBRL Taxation - Compliance & Outsourcing - Direct tax - Indirect tax - Transfer Pricing - US Tax This document captures the list of deals announced based on information available in the public domain and based on public announcements. Grant Thornton India LLP does not take any responsibility for the information, any errors or any decision by the reader based on this information. This document should not be relied upon as a substitute for detailed advise and hence, we do not accept responsibility for any loss as a result of relying on the material contained herein. Further, our analysis of the deal values are based on publicly available information and based on appropriate assumptions (wherever necessary). Hence, if different assumptions were to be applied, the outcomes and results would be different. Advisory Business Risk Corporate Social Responsibility Forensic & Investigations Government & Infrastructure Healthcare &Life Sciences Leadership Consulting Mergers & Acquisitions Transaction Advisory Valuation Please contact us at contact@in.gt.com if you would like to receive the list of deals. We would be delighted to receive your feedback! contact@in.gt.com Dealtracker Editorial team: Ankita Arora, Karthik Vishwanathan 24

25 Contact To know more about Grant Thornton India LLP, please visit or contact any of our offices as mentioned below: NEW DELHI National Office Outer Circle L 41 Connaught Circus New Delhi BENGALURU Wings, First Floor 16/1 Cambridge Road Ulsoor Bengaluru CHANDIGARH SCO 17 2nd Floor Sector 17 E Chandigarh CHENNAI Arihant Nitco Park, 6th floor No.90, Dr. Radhakrishnan Salai Mylapore Chennai GURGAON 21st Floor, DLF Square Jacaranda Marg DLF Phase II Gurgaon HYDERABAD 7th Floor, Block III White House Kundan Bagh, Begumpet Hyderabad KOLKATA 10C Hungerford Street 5th floor Kolkata MUMBAI 16th Floor, Tower II Indiabulls Finance Centre S B Marg, Elphinstone (W) Mumbai India PUNE 401 Century Arcade Narangi Baug Road Off Boat Club Road Pune Grant Thornton India LLP (formerly Grant Thornton India) is registered with limited liability with identity number AAA-7677 and its registered office at L-41 Connaught Circus, New Delhi, Grant Thornton India LLP is a member firm within Grant Thornton International Ltd ( Grant Thornton International ). Grant Thornton International and the member firms are not a worldwide partnership. Services are delivered by the member firms independently. For more information or for any queries, write to us at contact@in.gt.com

May 2012 Volume 8.5. Dealtracker. Providing M&A and PE market insights. Grant Thornton India LLP. All rights reserved.

May 2012 Volume 8.5. Dealtracker. Providing M&A and PE market insights. Grant Thornton India LLP. All rights reserved. Volume 8.5 Providing M&A and PE market insights Value (US$bn) Jun-11 Jul-11 Aug-11 Sep-11 Oct-11 Nov-11 Dec-11 Jan-12 Feb-12 Mar-12 Apr-12 May-12 Number of Deals 16 14 12 10 8 6 4 2 0 92 86 1 4 May Deal

More information

January 2013 Volume 9.1. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved.

January 2013 Volume 9.1. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved. Volume 9.1 Dealtracker Providing M&A and Private Equity Deal Insights Feb-1 Mar-1 Apr-1 May-1 Jun-1 Jul-1 Aug-1 Sep-1 Oct-1 Nov-1 Dec-1 Jan-13 Value (US$bn) Number of Deals Dealtracker Deal Round Up 94

More information

Quarterly Issue Volume 9.3. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved.

Quarterly Issue Volume 9.3. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved. Quarterly Issue Volume 9. Dealtracker Providing M&A and Private Equity Deal Insights Dealtracker Quarter 1, 201: Deal Snapshot Quarter 1 Deal Summary Q1 Deal Summary Year 2011 2012 201 2011 2012 201 Domestic

More information

Quarterly Issue Volume 9.9. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved.

Quarterly Issue Volume 9.9. Dealtracker. Providing M&A and Private Equity Deal Insights. Grant Thornton India LLP. All rights reserved. Quarterly Issue Volume 9.9 Dealtracker Providing M&A and Private Equity Deal Insights Dealtracker Quarter 3, 2013: Deal Snapshot Quarter 3 Deal Summary Q3 Volume Value (US$ bn) 2011 2012 2013 2011 2012

More information

Union Budget : Impact on the Private Equity investments in India. Grant Thornton India LLP. All rights reserved.

Union Budget : Impact on the Private Equity investments in India. Grant Thornton India LLP. All rights reserved. Union Budget 2013-14: Impact on the Private Equity investments in India Grant Thornton India LLP. All rights reserved. Union Budget 2013-14 Impact on the Private Equity investments 2 Contents 03 An overview

More information

Dealtracker Providing M&A and Private Equity deal insights

Dealtracker Providing M&A and Private Equity deal insights Dealtracker Providing M&A and Private Equity deal insights April 2015 Volume 11.4 Disclaimer This document captures the list of deals announced based on information available in the public domain and based

More information

Union Budget Impact on the M&A & Private Equity investments in India

Union Budget Impact on the M&A & Private Equity investments in India Union Budget 2014-15 Impact on the M&A & Private Equity investments in India July 2014 Content 2 03 Overview 04 Key policy initiatives 05 Key incentives to capital markets 06 Direct tax proposals 11 Other

More information

Financial Reporting Advisory Services

Financial Reporting Advisory Services Financial Reporting Advisory Services Grant Thornton India LLP. All rights reserved. In today s competitive business environment and fast changing regulatory and reporting landscape, dynamic organisations

More information

DealTracker. Providing M&A and Private Equity Deal Insight. July, 2014 Volume Grant Thornton India LLP. All rights reserved.

DealTracker. Providing M&A and Private Equity Deal Insight. July, 2014 Volume Grant Thornton India LLP. All rights reserved. DealTracker Providing M&A and Private Equity Deal Insight July, 2014 Volume 10.7 About Grant Thornton More than 38,500 people Total global revenues $4.5bn (2013) Ranked among top 5 in all major markets

More information

Dealtracker. 8th. Providing M&A and Private Equity Deal Insights. Annual Edition Grant Thornton India LLP. All rights reserved.

Dealtracker. 8th. Providing M&A and Private Equity Deal Insights. Annual Edition Grant Thornton India LLP. All rights reserved. Dealtracker Providing M&A and Private Equity Deal Insights 8th Annual Edition 2012 This document captures the list of deals announced based on information available in the public domain and based on public

More information

Union Budget Impact on the Real Estate sector

Union Budget Impact on the Real Estate sector Union Budget 2014-15 Impact on the Real Estate sector July 2014 Content 2 03 Overview 04 Key policy initiatives 05 Direct tax proposals 10 Indirect tax proposals Overview The real estate sector has witnessed

More information

The Companies Act 2013 Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement

The Companies Act 2013 Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement The Companies Act 2013 Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement October 2014 Summary This update, divided into the following four parts,

More information

Union Budget Impact on the Real Estate and Infrastructure (REI) sector

Union Budget Impact on the Real Estate and Infrastructure (REI) sector Union Budget 2013-14 Impact on the Real Estate and Infrastructure (REI) sector March 2013 Contents 03 An overview 05 Key expectations 06 Key policy initiatives 07 Direct tax proposals 10 Indirect tax proposals

More information

Key highlights of the Interim Union Budget

Key highlights of the Interim Union Budget Key highlights of the Interim Union Budget 2014-15 Union Finance Minister P Chidambaram has presented the Interim Budget for fiscal year 2014-15. His budget speech largely recapitulated various achievements

More information

Setting new benchmarks of service excellence. Tax and Regulatory Services Expertise. Performance. Results

Setting new benchmarks of service excellence. Tax and Regulatory Services Expertise. Performance. Results Setting new benchmarks of service excellence and Regulatory Expertise. Performance. Results 2018 2018 Grant Grant Thornton Advisory Private Private Limited. Limited. All All rights rights reserved. Presentation

More information

Delhi ITAT upholds Indian subsidiary as PE and attributes profit for functions/risks not considered for TP analysis

Delhi ITAT upholds Indian subsidiary as PE and attributes profit for functions/risks not considered for TP analysis Delhi ITAT upholds Indian subsidiary as PE and attributes profit for functions/risks not considered for TP analysis Summary The Delhi Bench of the Income-tax Appellate Tribunal (ITAT) in a recent case

More information

BFSI Tax and Regulatory Services

BFSI Tax and Regulatory Services BFSI Tax and Regulatory Services Banks (Indian and Foreign) Obtaining banking licence or approval for setting up a liaison/branch office; Tax and regulatory advisory and litigation services; Health check-up

More information

August Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement

August Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement August 2015 Deciphering the term related parties under the Companies Act, 2013 and Clause 49 of the listing agreement 1 Summary This update aims to discuss the nuances of certain provisions of the Companies

More information

Union Budget Impact on the Healthcare sector

Union Budget Impact on the Healthcare sector Union Budget 2013-14 Impact on the Healthcare sector March 2013 Contents 03 An overview 05 Key expectations 06 Key policy initiatives 07 Direct tax proposals 11 Indirect tax proposals 14 Our offices Union

More information

Workshop on Transfer Pricing

Workshop on Transfer Pricing Workshop on Transfer Pricing Learning and Development Academy by Grant Thornton Delhi, Mumbai and Bengaluru Transfer pricing is an art and not a science, which makes the practical aspects of the regime

More information

Workshop on Transfer Pricing

Workshop on Transfer Pricing Workshop on Transfer Pricing Learning & Development Academy by Grant Thornton Delhi, Mumbai and Bengaluru Transfer pricing is an art and not a science, which makes the practical aspects of the regime as

More information

EY Tax Alert. Executive summary. CBDT notifies GAAR rules. Background. 27 September mber 2012

EY 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 information

TAX ALERT GENERAL ANTI AVOIDANCE RULES (GAAR) NOTIFICATION

TAX ALERT GENERAL ANTI AVOIDANCE RULES (GAAR) NOTIFICATION TAX ALERT GENERAL ANTI AVOIDANCE RULES (GAAR) NOTIFICATION Notification No.75/2013/F.No.142/19/2013-TPL dated 23.09.2013 TAX & REGULATORY SERVICES DIRECT TAX BACKGROUND OF GAAR PROVISIONS General Anti

More information

General Anti-Avoidance Rules (GAAR) Kuntal Sen Friday, 28 February 2014

General Anti-Avoidance Rules (GAAR) Kuntal Sen Friday, 28 February 2014 General Anti-Avoidance Rules (GAAR) Kuntal Sen Friday, 28 February 2014 Content Scheme and Architecture of GAAR Illustrations on GAAR by the Expert Committee International Perspective of GAAR GAAR Approaches

More information

EY Tax Alert. Key proposals on the draft Direct Taxes Code Bill, Executive Summary

EY Tax Alert. Key proposals on the draft Direct Taxes Code Bill, Executive Summary 13 August 2009 Key proposals on the draft Direct Taxes Code Bill, 2009 Executive Summary The Direct Taxes Code Bill, 2009 (DTC) was released for public comments along with a discussion paper on 12 August

More information

RBI liberalises norms for investment by foreign portfolio investors in debt

RBI liberalises norms for investment by foreign portfolio investors in debt RBI liberalises norms for investment by foreign portfolio investors in debt Issued on: 18 June 2018 Summary Summary Based on feedback from custodians, Foreign Portfolio Investors (FPIs) and other stakeholders,

More information

Due Diligence Reviews Indirect tax perspective

Due Diligence Reviews Indirect tax perspective Due Diligence Reviews Indirect tax perspective Amit Kumar Sarkar Partner, Indirect Taxes January 2015 Contents Due diligence, expectations Key aspects Usual observations Unusual observations How to conclude

More information

30 August EY Tax Alert. Key proposals of the Direct Taxes Code 2010

30 August EY Tax Alert. Key proposals of the Direct Taxes Code 2010 30 August 2010 EY Tax Alert Key proposals of the Direct Taxes Code 2010 Background As part of its tax reform initiatives, the Government of India (GOI) is in the process of revising, consolidating and

More information

Action 6 Preventing the granting of treaty benefits in inappropriate circumstances

Action 6 Preventing the granting of treaty benefits in inappropriate circumstances KPMG FLASH NEWS KPMG in India 30 October 2015 Action 6 Preventing the granting of treaty benefits in inappropriate circumstances Introduction Analysis of the Action 6 On 5 October 2015, the Organisation

More information

Gains arising in the hands of Mauritian company from sale of equity shares and CCDs of an Indian company are not taxable as interest income in India

Gains arising in the hands of Mauritian company from sale of equity shares and CCDs of an Indian company are not taxable as interest income in India KPMG FLASH NEWS KPMG IN INDIA Gains arising in the hands of Mauritian company from sale of equity shares and CCDs of an Indian company are not taxable as interest income in India 5 August 2014 Background

More information

Contents I-13. About the author I-5 Preface I-7 Chapter-heads I-9

Contents I-13. About the author I-5 Preface I-7 Chapter-heads I-9 Contents About the author I-5 Preface I-7 Chapter-heads I-9 1 GAAR - Introduction 1.1 Introduction 1 1.2 Abuse of right to arrange affairs 2 1.3 Tax avoidance and tax mitigation 4 1.4 Fiscal nullity doctrine

More information

Delhi Tribunal rules income of non-resident that is not attributable to PE in India shall still be taxable in India as FTS

Delhi 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 information

Business Reorganisation and Issues

Business Reorganisation and Issues Business Reorganisation and Issues Arun Saripalli Rachesh Kotak Presentation Outline Introduction and Relevance Rationale for restructuring and concerns Expanded definition of international transactions

More information

EY Tax Alert. Executive summary. Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers

EY 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 information

EY Tax Alert. Executive summary. Third Protocol amending the India-Singapore tax treaty signed. 31 December 2016

EY 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 information

Anti-Avoidance Rules Overview and Implications

Anti-Avoidance Rules Overview and Implications Anti-Avoidance Rules Overview and Implications By Naman Shrimal General Anti-Avoidance Rule ( GAAR ) is introduced in Finance Bill 2012 by our Finance Minister. The rule, which were part of Direct Tax

More information

Government of India amends Income Computation and Disclosure Standards and also defers them by one year to tax year

Government 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 information

EY Tax Alert. Executive summary

EY 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 information

MCA proposes to notify the provisions relating to restriction on layers of subsidiaries under the Companies Act, 2013

MCA proposes to notify the provisions relating to restriction on layers of subsidiaries under the Companies Act, 2013 First Notes MCA proposes to notify the provisions relating to restriction on layers of subsidiaries under the Companies Act, 2013 14 July 2017 First Notes on Financial reporting Corporate law updates Regulatory

More information

EY Tax Alert. Executive summary. Protocol signed on 10 May 2016 to amend the 1982 India- Mauritius tax treaty. 12 May 2016

EY 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 information

EY Tax Alert. Executive summary. CBDT sets up a Committee to deal with retroactive indirect transfer taxation. 1 September 2014

EY 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 information

Securities and Exchange Board of India notifies regulations for Share Based Employee Benefits

Securities 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 information

Sharing insights. News Alert 3 September, Expert Committee Report on General Anti Avoidance Rules. Background.

Sharing insights. News Alert 3 September, Expert Committee Report on General Anti Avoidance Rules. Background. www.pwc.com/in Sharing insights News Alert 3 September, 2012 Expert Committee Report on General Anti Avoidance Rules Background General Anti Avoidance Rules (GAAR) were incorporated in the Income-tax Act,

More information

India Tax Updates, 2013

India Tax Updates, 2013 India Tax Updates, 2013 International Bar Association Amesur, Hanisha 6/1/2013 India Tax Updates 1. Tax on super-rich The base income-tax brackets for the assessment year (AY) 2014-15 for individuals,

More information

EY Tax Alert. Executive summary

EY 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 information

EY Tax Alert. Executive summary. Delhi High Court rules 50% as the benchmark to evaluate substantial value on taxation of indirect transfers

EY 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 information

IFRS Notes. 5 January 2015 Issue 2015/01. Government announces roadmap for implementation of Ind AS

IFRS Notes. 5 January 2015 Issue 2015/01. Government announces roadmap for implementation of Ind AS IFRS Notes 5 January Issue /01 Government announces roadmap for implementation of Ind AS IFRS Notes 5 January The new year heralds an important update; on 2 January the Ministry of Corporate Affairs (MCA)

More information

This issue of First Notes highlights key aspects of the guidance note issued by the ICAI.

This issue of First Notes highlights key aspects of the guidance note issued by the ICAI. FIRST NOTES KPMG in India The ICAI issues a guidance note on accounting for expenditure on corporate social responsibility (CSR) activities 28 May 2015 First Notes on: Financial Reporting Corporate law

More information

FIRST NOTES KPMG in India. The ICAI issues a guidance note on accounting for derivative contracts. 18 May Background

FIRST NOTES KPMG in India. The ICAI issues a guidance note on accounting for derivative contracts. 18 May Background FIRST NOTES KPMG in India The ICAI issues a guidance note on accounting for derivative contracts 18 May 2015 First Notes on: Financial Reporting Corporate law updates Regulatory and other information Disclosures

More information

10 April EY Tax Alert. AAR treats buyback of shares as tax avoidance scheme taxable as dividend under Mauritius DTAA

10 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 information

PE Quarterly Roundup 1Q2017

PE Quarterly Roundup 1Q2017 PE Quarterly Roundup Q0 PE/VC headline trends Quarterly US$ mn,000,000,000,000,000 - US$ mn 000 00 000 00 0 0 6 9 Investments 9,,9,69,,0,9 6,00,0,0,6,09,, Exits 9 9 0 Q0 Q0 Q0 Q0 Q0 Q0 Q0 Q0 Q06 Q06 Q06

More information

WHAT IS A TRANSACTIONAL TAX PRACTICE?

WHAT IS A TRANSACTIONAL TAX PRACTICE? Transactional Tax Insights Betsy-Ann Howe Tax Partner - Sydney 19 August 2014 Copyright 2013 by K&L Gates. All rights reserved. WHAT IS A TRANSACTIONAL TAX PRACTICE? Corporate transactions Mergers & Acquisitions

More information

ANTI-AVOIDANCE AND SUBSTANCE ISSUES IN THE DTC

ANTI-AVOIDANCE AND SUBSTANCE ISSUES IN THE DTC ANTI-AVOIDANCE AND SUBSTANCE ISSUES IN THE DTC AKIL HIRANI Managing Partner 601/604, Naman Centre, A Wing, C-31, C G Block, Bandra Kurla Complex, Bandra (East), Mumbai-51, INDIA Tel: +91 22 6123-7272,

More information

40 per cent of the global profit to Indian PE is attributed based on the functions performed, assets deployed and risk assumed

40 per cent of the global profit to Indian PE is attributed based on the functions performed, assets deployed and risk assumed 27 April 2017 40 per cent of the global profit to Indian PE is attributed based on the functions performed, assets deployed and risk assumed Background The Bengaluru Bench of Income-tax Appellate Tribunal

More information

The Amalgamating Company 1 and Amalgamating Company 2 each hold 2,175,911 equity shares (~ 3.53%) in the Amalgamated Company.

The Amalgamating Company 1 and Amalgamating Company 2 each hold 2,175,911 equity shares (~ 3.53%) in the Amalgamated Company. Regulatory Alert 12 th December 2018 NCLT approves merger scheme, rejects Revenue s tax objections The New Delhi Bench of National Company Law Tribunal ( NCLT ) in its recent decision, approved the Scheme

More information

Indian Administration issues draft Exit Tax Rules for charitable organisations; invites comments from stakeholders

Indian 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 information

b) Draft a circular as a safeguard so that the GAAR provisions are not applied indiscriminately in every case.

b) Draft a circular as a safeguard so that the GAAR provisions are not applied indiscriminately in every case. Draft guidelines regarding implementation of General Anti Avoidance Rules (GAAR) in terms of section 101 of the Income Tax Act, 1961. Background The Chairman, CBDT, Vide OM F.NO. 500/111/2009-FTD-1 Dated

More information

Seminar on Anti-avoidance Provisions relating to Income Tax

Seminar on Anti-avoidance Provisions relating to Income Tax Seminar on Anti-avoidance Provisions relating to Income Tax Analysis of the provisions of General Anti Avoidance Rule (GAAR) July 15, 2017 Presentation by: Gautam Doshi 2 Methods of Reducing Tax Liability

More information

KPMG FLASH NEWS. BEPS - OECD Releases reports on 7 out of 15 action points. Background. 17 September KPMG in INDIA

KPMG FLASH NEWS. BEPS - OECD Releases reports on 7 out of 15 action points. Background. 17 September KPMG in INDIA KPMG FLASH NEWS KPMG in INDIA BEPS - OECD Releases reports on 7 out of 15 action points 17 September 2014 Background At the request of the G201 Finance Ministers, the Organisation for Economic Co-operation

More information

Guidance Note on FATCA and CRS dated 30 November Key clarifications

Guidance 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 information

Changes in Transnational and Domestic Tax Regulations affecting Cross-border Mergers and Acquisitions in India

Changes in Transnational and Domestic Tax Regulations affecting Cross-border Mergers and Acquisitions in India Changes in Transnational and Domestic Tax Regulations affecting Cross-border Mergers and Acquisitions in India Dr. Rohit Roy rohit.roy@christuniversity.in International Tax Research and Analysis Foundation

More information

CBDT Circular - FAQs on indirect transfer related provisions under the Income-tax Act

CBDT Circular - FAQs on indirect transfer related provisions under the Income-tax Act 22 December 2016 CBDT Circular - FAQs on indirect transfer related provisions under the Income-tax Act The Finance Act, 2012 introduced indirect transfer related provisions under Section 9(1)(i) of the

More information

Indian Equalization Levy on digital services to be effective from 1 June 2016, administrative rules notified

Indian 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 information

The CBDT issues draft guiding principles for determination of the Place of Effective Management of a company

The CBDT issues draft guiding principles for determination of the Place of Effective Management of a company 24 December 2015 The CBDT issues draft guiding principles for determination of the Place of Effective Management of a company Background The Finance Act, 2015 amended 1 the provisions of Section 6(3) of

More information

Mumbai Tribunal rules on DAPE in case of marketing and distribution activities carried out by an Indian branch for group companies

Mumbai 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 information

Regulatory Alert Stay Ahead

Regulatory Alert Stay Ahead India Tax & Regulatory For private circulation only 26 March 2018 p Regulatory Alert Stay Ahead RBI notifies provisions relating to cross border mergers, amalgamations and arrangements Issue no: RA/06/2018

More information

Applicability of GAAR Fundamental requirements. Index

Applicability of GAAR Fundamental requirements. Index Applicability of GAAR Fundamental requirements Naresh Ajwani Chartered Accountant Index Sr. No. Particulars Page No. 1. Preamble: 2. When can GAAR apply? 3. Onus on whom? 4. Impermissible Avoidance Arrangement

More information

Business Reorganisation and Issues

Business Reorganisation and Issues Business Reorganisation and Issues 1 Sanjay Tolia Presentation Outline Introduction and Relevance Expanded definition of international transactions Rationale for restructuring and concerns Subscription

More information

Analysis of BEPS Action Plan 3 Strengthening CFC Rules

Analysis of BEPS Action Plan 3 Strengthening CFC Rules Analysis of BEPS Action Plan 3 Strengthening CFC Rules 1. Introduction Pavan R Kakade* Puneet Putiani** With the increase in globalization and foreign trade in the last century, taxpayers have been resorting

More information

Anti Avoidance Rules and Treaty Shopping (including Limitation of Benefits) CA Sanjay Tolia. December 2014

Anti Avoidance Rules and Treaty Shopping (including Limitation of Benefits) CA Sanjay Tolia. December 2014 Anti Avoidance Rules and Treaty Shopping (including Limitation of Benefits) CA Sanjay Tolia Agenda Treaty shopping - Concept Key anti-avoidance measures in tax treaties Limitation on Benefits Beneficial

More information

EY India Defence EY s point of view on amended Foreign Direct Investment (FDI) Policy on Defence Sector

EY 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 information

BEPS Impact on Private Equity

BEPS Impact on Private Equity BEPS Impact on Private Equity BEPS impact on private equityspace An Indian perspective In this age of increasing focus on bottomlines, it is indeed tempting for a global tax director of a multinational

More information

IFRS Notes. MCA issues amendments to Ind AS effective 1 April April KPMG.com/in

IFRS Notes. MCA issues amendments to Ind AS effective 1 April April KPMG.com/in IFRS Notes MCA issues amendments to Ind AS effective 1 April 2018 10 April 2018 KPMG.com/in Introduction The Ministry of Corporate Affairs (MCA), on 28 March 2018, issued certain amendments to Ind AS.

More information

Anti-avoidance Rules and Tax Treaties in India

Anti-avoidance Rules and Tax Treaties in India Anti-avoidance Rules and Tax Treaties in India Sanjay Kumar Mishra Joint Secretary to Government of India FT&TR-I Division, Department of Revenue, Ministry of Finance, India 1 Purpose of Double Tax Avoidance

More information

Clarifications on Indirect transfer provisions under the Incometax Act, 1961

Clarifications on Indirect transfer provisions under the Incometax Act, 1961 22 December 2016 2013mber 2012 EY Tax Alert Clarifications on Indirect transfer provisions under the Incometax Act, 1961 Executive summary Tax Alerts cover significant tax news, developments and changes

More information

Mumbai Tribunal rules reimbursement of expenses on secondment of employees not FTS

Mumbai 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 information

Outbound investments -Tax issues. 21 April 2012 CA. N.C.Hegde

Outbound investments -Tax issues. 21 April 2012 CA. N.C.Hegde Outbound investments -Tax issues 21 April 2012 CA. N.C.Hegde Key takeaways of the session Key tax objectives and challenges Scenarios Funds to be repatriated to India Funds not to be repatriated to India

More information

EY Regulatory Alert. Executive summary. SEBI releases Discussion Paper on review of framework for Institutional Trading

EY 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 information

Transfer pricing for Specified Domestic Transactions

Transfer 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 information

Representation to Ministry of Finance On issues faced by Private Equity / Venture Capital industry. 7 January, 2015

Representation to Ministry of Finance On issues faced by Private Equity / Venture Capital industry. 7 January, 2015 Representation to Ministry of Finance On issues faced by Private Equity / Venture Capital industry 7 January, 2015 1 PE/VC Industry has contributed to Indian economy across multiple dimensions 200+ active

More information

EY Tax Alert. Executive summary. Delhi HC rules payment towards live telecast is not royalty. 1 December 2014

EY 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 information

GAAR Decoded November 2017

GAAR Decoded November 2017 www.pwc.in GAAR Decoded November 2017 Contents 2 PwC Foreword 3 What is GAAR? 4 Concept of tax evasion, avoidance and mitigation 5 Run up to GAAR 6 Operational framework of GAAR 7 Safe Harbour 8 Conditions

More information

EY Tax Alert. Executive summary. Kolkata Tribunal rules on taxability of online advertisement revenues. 18 April mber 2012

EY 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 information

Indian subsidiary of group holding company of Netherlands entity does not constitute permanent establishment in India

Indian subsidiary of group holding company of Netherlands entity does not constitute permanent establishment in India 15 February 2017 Indian subsidiary of group holding company of Netherlands entity does not constitute permanent establishment in India Background Recently, the Delhi Bench of the Income-tax Appellate Tribunal

More information

Trends in Indian Tax Policy: Practitioner's perspective

Trends in Indian Tax Policy: Practitioner's perspective Trends in Indian Tax Policy: Practitioner's perspective Mumbai, 6 December 2013 Presentation by: Mr. Ajay Vohra India: A land of opportunities Demography & Economy: some statistics Population: 1.3 Billion

More information

IFRS Notes. MCA notifies amendments to the consolidation exception for investment entities. 19 April kpmg.com/in

IFRS Notes. MCA notifies amendments to the consolidation exception for investment entities. 19 April kpmg.com/in IFRS Notes MCA notifies amendments to the consolidation exception for investment entities 19 April 2016 kpmg.com/in Introduction On 30 March 2016, the Ministry of Corporate Affairs (MCA) notified the Companies

More information

EY Tax Alert. Executive summary. CBDT notifies guidelines for onshore management of offshore funds. 17 March 2016

EY 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 information

EY Tax Alert. Executive summary

EY 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 information

Vodafone Judgement: Guide To Law Laid Down By The Supreme Court

Vodafone Judgement: Guide To Law Laid Down By The Supreme Court Vodafone Judgement: Guide To Law Laid Down By The Supreme Court In Vodafone International Holdings B.V. vs. UOI the Supreme Court has laid down several important and far-reaching principles of law on tax

More information

16 June EY Tax Alert. Revised Discussion Paper on the Direct Taxes Code

16 June EY Tax Alert. Revised Discussion Paper on the Direct Taxes Code 16 June 2010 EY Tax Alert Revised Discussion Paper on the Direct Taxes Code Executive summary The Direct Taxes Code Bill, 2009 (DTC) was released by the Government of India (GOI) for public comments, along

More information

International Taxation

International Taxation 948 International Taxation Domestic and Cross-Border Taxation- Post GAAR and BEPS The debatable principles which have always been a topic of some credible discussions in the past are the principles of

More information

KPMG FLASH NEWS. Background. Facts of the case. 2 March 2015 KPMG IN INDIA

KPMG FLASH NEWS. Background. Facts of the case. 2 March 2015 KPMG IN INDIA KPMG FLASH NEWS KPMG IN INDIA Consideration for sale of capacity in the undersea cable system is not considered as royalty but as business income. The sale was concluded outside India on a principal to

More information

focus on Building Business Partnerships

focus on Building Business Partnerships focus on Building Business Partnerships www.asa.in focus on VALUES values ourselves work services industries people Values Vision Building enduring business partnerships by making effective contributions

More information

Analysing BEPS Impact Private Equity sector

Analysing BEPS Impact Private Equity sector Analysing BEPS Impact Private Equity sector January 2016 Second line optional lorem ipsum B Subhead lorem ipsum, date quatueriure In this age of increasing focus on bottomlines, it is indeed tempting for

More information

India Tax Alert. Revised Direct Taxes Code bill tabled in Parliament. Corporate tax rate. 5 September 2010

India Tax Alert. Revised Direct Taxes Code bill tabled in Parliament. Corporate tax rate. 5 September 2010 International Tax India Tax Alert 5 September 2010 Revised Direct Taxes Code bill tabled in Parliament Contacts K.R. Sekar krsekar@deloitte.com Vipul Jhaveri vjhaveri@deloitte.com The Indian Finance Minister

More information

EY Regulatory Alert. Executive summary

EY 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 information

EY Tax Alert. Executive summary

EY 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 information

CBDT issues draft rules for computation of fair market value and reporting requirement in relation to indirect transfer provisions

CBDT issues draft rules for computation of fair market value and reporting requirement in relation to indirect transfer provisions 24 May 2016 CBDT issues draft rules for computation of fair market value and reporting requirement in relation to indirect transfer provisions According to the provisions of Section 9(1)(i) 1 of the Income-tax

More information

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

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 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 information

KPMG FLASH NEWS. Transfer Pricing - Safe Harbour Rules Notified. Background. 20 September 2013 KPMG IN INDIA

KPMG FLASH NEWS. Transfer Pricing - Safe Harbour Rules Notified. Background. 20 September 2013 KPMG IN INDIA KPMG FLASH NEWS KPMG IN INDIA Transfer Pricing - Safe Harbour Rules Notified 20 September 2013 Background To reduce increasing number of transfer pricing audits and prolonged disputes, the Central Board

More information