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The Impact of Tiger Global on Treaty Protection and Exit Strategies in India
The Supreme Court did not see the issue in Tiger Global as an isolated dispute over taxation. It viewed the issue against the broader backdrop of treaty interpretation and the play of sovereign powers.
Amritanshu Rath, Shreya Tiwari
Apr 77 min read
Re-Anchoring Block Period under Section 153C of Income Tax Act 1961: From Legal Fiction to Legislative Silence
A durable resolution can be achieved only through a targeted legislative intervention, either by expressly incorporating the “date of transfer” principle into the new clause or by prescribing definitive timelines for such transfer.
Akshat Sharma, Kartik Jorwal
Mar 216 min read
Tax Implications of Cross-Border Arbitral Awards: Addressing Inconsistencies in Indian Jurisprudence
[ Vaibhav is a student at West Bengal National University of Juridical Sciences . ] The advent of arbitration has not only introduced a host of complexities within arbitration law but has also extended its influence into the sphere of taxation law. The author brings to light an emerging issue in the taxability of the post-award interest component of these awards through this piece. The issue revolves around the fundamental question: under which head of income in the double ta
Vaibhav Tibrewal
Mar 710 min read
The Hidden Tax Trap in MSME Insolvency: Time to Rethink Haircuts
It is time for tax laws to stop dragging MSMEs back into the quicksand if insolvency is supposed to provide them with a new beginning.
DBS Chaitanya, Chandana Donga
Nov 4, 20256 min read
Justice Nagarathna’s 144C-153 Reading: A Rigidity that Stifles DRP
The split in ACIT v. Shelf Drilling Ron exposes a deeper fault line in Indian tax adjudication: whether courts should privilege the literal boundaries of statutory text or stretch interpretation to preserve the functional life of specialized procedures.
Tarun Chittupalli, Anamika Singh
Oct 12, 20258 min read
Units of REITs and InVITs: From Hybrid towards Equity?
The author believes that any attempt to characterize the units as equity rather than hybrid would affect the very artificial juridical character of these investment trusts as trusts.
Owais Khan
Jun 15, 20256 min read
Transfer Pricing 2.0: Rethinking India’s Block Period Framework
India now stands at the crossroad of remaking transfer pricing not merely a regulatory stick, but a strategic tipping stone of fair trade, investment confidence and tax equity.
Sejal Sahu
May 17, 20257 min read
Carried Interest Taxation: Bridging the Gap Between India and the US: Lessons and Way Forward
The post aims to analyze this dissonance in the regulatory approach taken by the USA and India in taxing carried interest.
Yadu Krishna
Apr 19, 20257 min read
Rationalizing Sections 72A and 72AA: Mergers in the Crosshairs of Tax Reforms
The proposed amendment to Sections 72A and 72AA of ITA reflects government’s intent to curb tax avoidance through evergreening of losses.
Yarabham Akshit Reddy, Chakkapalli Satya Kaushik
Mar 9, 20256 min read
The Blockchain Beyond: When Bytes Become Bequests
The inclusion of blockchain into inheritance planning represents a paradigm shift with regards to an amalgamation of law and technology.
Anenya
Mar 7, 20259 min read
The Angel Tax Demonic-Emergence and the Silver Lining of CBDT Proposal
The amendment increases tax liability upon the startup and severely affects their dependency on seed funding during their initial rounds.
Aliza Khatoon
Mar 16, 20246 min read
Section 54EE of Income Tax Act: Addressing the Need for a Better LTCG Exemption for Startups
The article aims to argue that the exemption to LTCG tax given by Section 54EE of the Income-tax Act 1961 is unsuitable for Indian startups.
Hrishikesh Harathi
Sep 21, 20236 min read
Reshaping Tax Laws: Stigma of Retrospective Tax Amendments Amidst Supreme Court's Landmark Ruling
With elimination of unreasonable retrospective tax regime, India could inspire trust in the regulatory and tax framework among investors.
Ananya Karnwal, Astha Agarwal
Sep 9, 20236 min read
Legatum Ventures Limited v. ACIT: Ramifications in the Legal Sphere
The article analyses the recent order interpreting Sections 112(1)(c)(iii) and 48 of the Income-tax Act 1961.
Swetha Somu
Jun 24, 20236 min read
Addressing The Conundrum Of Angel Tax Amendment Circumventing The Start-Up Regime
Authors hope that the angel tax amendment is given another perspective due to inherent challenges.
Ishita Khandelwal, Janhavi Mahalik
May 30, 20235 min read
Cross-Border Merger Framework in India: Limited Efficacy?
Per the authors, the framework for cross-border mergers in India remains of limited efficacy.
Rajat Sethi, Sumit Bansal, Oshika Nayak
May 20, 20237 min read
Carry Forward of Losses in M&A: Identifying Beneficial Holder Upon Shareholding Change in Group Cos
The language and intent of Section 79 necessitates that the corporate veil is pierced by looking at the substance of the transaction.
Khush Bhachawat
May 8, 20237 min read
Analysing the Impact of the Widening of Angel Tax on Indian Economy and Start-up Ecosystem
The article aims to primarily analyse the impact of the widened Section 56(2)(viib) of the Income Tax Act 1961.
Venkata Kartheek Vegesana
Apr 14, 20234 min read
“X” Marks the Spot: Determining the Situs of Virtual Digital Assets to Tax Non-Residents
Per author, VDA transactions should be treated either under capital gains or as business income, as applicable.
Archita Satish
Mar 23, 20236 min read
Charitable Institutions - Legal Equivocation
Section 11(1)(d) tends to dilute the script of law by dissolving the thin line between permissible tax mitigation and tax avoidance.
Avar Lamba, Shubhit Shokeen
Jan 12, 20226 min read
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