Regulatory Updates - India

India Issues Ruling on Transfer Pricing Aspect of Royalty Payments

Published on - May 15, 2012

The Delhi High Court, in its ruling on the case of Commissioner Income Tax vs. EKL Appliances Limited (Taxpayer), has given its decision on the transfer pricing aspects of a royalty payment by the Taxpayer to its associated enterprise. Continue reading

Small Firms and Individuals May Be Exempt from GAAR, Postponement Also Possible

Published on - May 15, 2012

In an attempt to soften the blow of the General Anti-Avoidance Rules (GAAR), India’s Finance Ministry is considering postponing the implementation of the new regime and may completely exempt small firms and individuals. Continue reading

India to Define Minimum Stake in Joint Ventures

Published on - April 18, 2012

The Indian government is set to make a clarification to the country’s foreign investment laws, with specific attention to joint venture provisions. Continue reading

Indian GAAR Impacts on Mauritius Tax Haven Use

Published on - April 18, 2012

India’s new General Anti-Avoidance Rules (GAAR) kicked in from April 1, and it looks like they will have an immediate impact on the use of Mauritius as a tax haven for investing in India. Continue reading

India Increases Service Tax Rate

Published on - April 18, 2012

Service tax is the tax charged on services offered, which has to be collected from the clients and paid to the government. If these taxes increase, there is an increase in many expenses such as mobile bills, insurance premiums, professional consultations, property purchases from the builder, courier expenses, and credit card bills. Continue reading

India Proposes to Amend the Term ‘Foreign Company’

Published on - April 18, 2012

The Ministry of Corporate Affairs informed the Upper House that, under the Companies Act (1956), there is no precise provision for compulsory registration of foreign companies engaged in online business practices. Continue reading

Rules of Overseas Chartered Accountant Firms

Published on - April 18, 2012

India’s Ministry of Corporate Affairs informed the Upper House today that Indian chartered accountant (CA) firms are regulated by the Institute of Chartered Accountants of India (ICAI) in terms of provisions of the Chartered Accountants Act (1949) and the rules and regulations framed thereunder. Continue reading

Reporting Activities of Liaison Offices in India

Published on - April 18, 2012

Overseas companies, organizations or an association of individuals are not required to file income returns with regards to liaison offices (LOs) on the grounds that such business is not permitted to be carried out in India. Continue reading

Reporting Activities of Liaison Offices in India

Published on - March 21, 2012

Overseas companies, organizations or an association of individuals are not required to file income returns with regards to liaison offices (LOs) on the grounds that such business is not permitted to be carried out in India. In order to question the basic information of non-resident entities with respect to the kind of activities conducted by their liaison offices, the Indian Government initiated Section 285 to the Income Tax Act in the Union Budget 2011. Continue reading

Greater Scrutiny for Foreign-Owned Liaison Offices in India

Published on - March 21, 2012

On February 6, India’s Central Board for Direct Taxes introduced a new regulation 114DA, notification 5/2012, as part of Section 285 of the Finance Act governing foreign-operated liaison offices in India. Continue reading
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