Summary: The implementation of the labour codes necessitates a comprehensive review of compensation paid to employees. The compensation structure of employees will also see an impact from an income tax perspective, which cannot be ignored easily. Through this blog, we have analysed some of the positive as well as negative consequences that would need to be understood and analysed by employers as well as employees at the earliest.Continue Reading Tax implications of the new labour codes
Summary: The Multilateral Instrument (MLI), which had originated from the OECD’s BEPS project, was meant to fast-track adoption of anti-avoidance measures without lengthy bilateral negotiations between multiple countries. India ratified the MLI in 2019 and the Revenue argued vociferously before the Supreme Court in the case of Nestle that every change to the DTAA shall have to be notified separately to give effect to such change and succeeded. Following the aforesaid SC decision, a few recent ITAT judgments have thrown a curveball by holding that MLI provisions cannot apply automatically to the DTAAs unless a specific notification is issued. Through this blog, we analyse the impact of these ITAT decisions, which may reshape ongoing tax litigation strategies.Continue Reading As you sow, so you reap: ITAT holds MLI provisions adopted in DTAAs inapplicable without specific notification
Summary: India’s tax framework has long posed challenges for foreign investors, particularly around PE and profit attribution rules. NITI Aayog’s working paper proposes a presumptive taxation scheme to simplify compliance and reduce litigation with respect to profit attribution. Through introducing sector-specific profit percentages to turnover, the working paper intends to offer clarity and ease administrative burdens. Its success, however, will hinge on setting realistic rates that are pragmatic and practicable and can balance revenue protection with investor appeal.Continue Reading From PE Confusion to Clarity: NITI Aayog’s Push to Reform Profit Attribution Rules
Summary: In a recent case, the Telangana High Court has frowned upon the Revenue’s attempt to invoke GAAR in respect of a transaction that was carried out by the taxpayer through the stock exchange. By rejecting the stance adopted by the Revenue, the High Court categorically held that not every tax planning is bad, and it cannot be brought within the purview of GAAR. Only if a taxpayer colludes or connives to bypass statutory provisions, by entering into transactions that defy commercial logic, can it be examined.Continue Reading Telangana High Court clarifies GAAR in relation to market-based transactions
Summary: Client-attorney privilege in India is facing a moment of renewed scrutiny. As investigative agencies increasingly enter the professional space of advocates, the boundaries of this privilege are being tested like never before. Courts are now tasked with distinguishing between protected and unlawful conduct, while statutory safeguards under the Bharatiya Sakshya Adhiniyam, 2023 attempt to preserve the integrity of legal representation. This blog examines how recent jurisprudence is shaping the future of client confidentiality, raising urgent questions about privacy, procedural fairness, and the limits of investigative authority.Continue Reading The Sacred Fortress of Privilege: Navigating the Scope of Client-Attorney Privilege
Summary: This blog unpacks the sweeping GST rate rationalisations announced by the 56th GST Council meeting, covering key sectors such as food, healthcare, FMCG, agriculture, consumer goods, automobiles, infrastructure, and more. Beyond listing rate changes, we analyse their policy intent, business impact, and compliance challenges, from ITC reversals and refund reforms to supply chain recalibration and pricing strategies. For businesses, this is not just about new tax slabs but about aligning operations and strategy with a shifting indirect tax landscape.Continue Reading GST 2025: A Brave New Chapter in India’s Tax Reform
Summary: India’s online real-money gaming industry, once hailed as India’s next digital sunrise sector, now finds itself at a crossroads, caught between a sweeping ban under the Online Gaming Act, 2025, and a trillion plus rupee tax battle in the Supreme Court. The distinction between “games of chance” or “gambling” and the “games of skill”, established through years of litigation, now faces a knockout blow. A potential judicial somersault could result in retrospective GST demands, while the introduction of future prohibition could shut down future business models. This blog analyses the great gamble row unfolding, and what it means for founders, investors, and the future of India’s digital gaming industry.Continue Reading The Great Gamble: India’s Online Gaming Ban, the GST Battle, and What Lies Ahead
Summary: Section 254(2) of the Income Tax Act, 1961, provides power to the Income Tax Appellate Tribunal to amend its order to rectify any mistake apparent on record to ensure fairness without re-visiting the entire case and prolonging litigation. This blog analyses a recent decision of the Hon’ble Bombay High Court where the extent of exercise of rectification powers was discussed. It held that a subsequent Supreme Court decision on the issue cannot be grounds for rectification of orders.Continue Reading A subsequent SC decision is not ground for rectification u/s 254(2)
The Income Tax Appellate Tribunal’s (“ITAT”) Chennai bench in Zoho Corporation Pvt. Ltd. v. Deputy Commissioner of Income Tax,[1] determined that foreign taxes paid by an assessee, which do not qualify for relief under Sections 90 or 91 of the Income Tax Act, 1961 (“IT Act”), cannot be claimed as business expense deduction under Section 37(1).Continue Reading Foreign taxes cannot be allowed as tax deductible expenditure: Chennai ITAT
The question of whether cross-border services rendered by foreign entities would establish a taxable presence in India has been subject to nuanced scrutiny. In a recent ruling,[1] the Hon’ble Supreme Court of India (“SC”) has reaffirmed that economic substance (not legal form) is the crucial factor for determining whether a foreign entity exercises substantive control over Indian operations to constitute a permanent establishment (“PE”) in India.Continue Reading Substance over Form: Supreme Court Clarification on Creation of Permanent Establishment in Cross-Border Services