Startups in India qualify for a host of benefits including exemption from certain taxes. However, in order to qualify for such exemptions, a startup needs to be covered under the definition of an `eligible startup’ as per the Startup India Action Plan launched in 2016. Eligibility Startups need to meet the following criteria to be … Continue reading Startups, Taxation, and Angel Tax
Condonation of Delay: 6 Cases with Reason and Treatment
While the Indian justice system is infamous for its apathy, lack of urgency and efficiency, the Courts are not always to blame. Here are six cases where there was an inordinate delay in filing the appeal and the reasons given by the court in allowing or rejecting the condonation. One of the cases has a … Continue reading Condonation of Delay: 6 Cases with Reason and Treatment
Judge analytics – PCIT vs. NRA Iron and steel
While most people associate the practice of law with the highlight grabbing action in courts, a fundamental part of any successful case is the research done in the background. Research is usually considered a tedious process, with most people having to spend hours to arrive at an operative case or to uncover an insight that … Continue reading Judge analytics – PCIT vs. NRA Iron and steel
To Appeal or To Writ?
High Court Terrain Income Tax is a field of law which sees one of the heaviest volumes of litigation in India. In order to extract the most relevant insights from a humongous data set like this, categorisation becomes a very important tool. We decided to categorise the tax litigation at the High Courts in India … Continue reading To Appeal or To Writ?
Forum Review: Authority for Advance Rulings
While most of the preliminary tax litigation in India is centred around the ITATs, the Authority for Advance Rulings (AAR) also plays in important role in resolving tax issues before they get a chance to hit proper litigation. It is an independent quasi-judicial body which can give give rulings on taxation queries presented by Non … Continue reading Forum Review: Authority for Advance Rulings
Litigation Review : 2018
2018 was a busy year in the field of tax litigation, with almost 20,000 cases being disposed of across forums. The volume of litigation took a slight dip compared to earlier years in view of the Tax Effect circular issued by the CBDT on 11 July, 2018 which prescribed higher monetary limits for appeals filed … Continue reading Litigation Review : 2018
A Data-Driven Look at Permanent Establishment
On June 6, 2018, the Authority for Advanced Rulings pronounced its decision in the case of MasterCard Asia Pte. Ltd. on the issue of whether there was a permanent establishment of the company in India or not. In a detailed judgment, the Authority ruled as follows: The setting up of Indian operations of MasterCard has … Continue reading A Data-Driven Look at Permanent Establishment
Per Incuriam Cases – V
In continuation of our series on Per Incuriam cases, today we look into two situations which present very intriguing questions of law related to genuineness of a partnership firm and the age old tax problem of distinction between capital and revenue expenditure. You can read the earlier parts here - I, II, III and IV … Continue reading Per Incuriam Cases – V
Per Incuriam Cases – IV
In this edition of per incuriam cases, we have cases with issues ranging from dismissal of complaint due to undisclosed amount not being high enough, to deduction of marriage expenses in for unmarried daughter and ending with the Bombay High Court deciding an issue against the assessee in three sentences. Does rejection of complaint due … Continue reading Per Incuriam Cases – IV
Per Incuriam Cases – III
Even after a judgement has been declared per incuriam, they are routinely cited by the courts. For example, the case CIT vs Avi-Oil India Pvt Ltd.which was declared per incurium by V.R.A Cotton Mills (P) Ltd. vs U.O.I on 27-09-2011 has been cited 15 times since then. Identification of per incuriam cases can be useful to both lawyers … Continue reading Per Incuriam Cases – III