The Financial Express: Supreme Court on software taxation: A torch-bearing verdict in the tax-treaty space
By Mukesh Butani & Tarun Jain Whether the licence to use computer software is a transfer of copyright was the core issue before the Supreme Court in the case of Engineering Analysis and a batch of over 80 appeals that was...
Vodafone and India’s Offshore Indirect Transfer Tax: The saga continues
Vodafone and India’s Offshore Indirect Transfer Tax: The saga continues Background In September 2020, the Permanent Court of Arbitration at The Hague issued award in favor of Vodafone[1] against India’s income tax...
Franklin Templeton case: HC sows seeds of democracy in governance of MFs
The effect of the pandemic has not been confined to health and has extended to other interesting debates in various fields of law. One issue which has caught the public eye is the controversy surrounding the decision of Franklin...
Digital taxes: If multilateral fails, look for bilateral solutions
OECD has not been able to get a consensus as its one-size-fits-all approach is fundamentally at odds with the inherent attributes of the digital industry Whereas it means a source of tax revenues for nations, which is crucial in...
GST Input Tax Credit: An Avoidable Controversy
The onset of the goods and services tax, notwithstanding its tax-unification benefits and reformative impact, has been mired in controversies. Especially, the wide-ranging disputes in relation to input tax credit or ITC that...
What next after the Vodafone tax arbitration?
The Permanent Court of Arbitration at The Hague has issued its award allowing the claim of Vodafone against the Government of India. The award marks the culmination of a long-drawn acrimonious litigation between Vodafone and the...
Taxpayer Charter: Nurturing Relationship of Mutual Trust and Respect
Last week, the PM unveiled the Taxpayer Charter with a twin-fold document containing 14-point obligations of the Revenue and 6-point duties of the taxpayer. While the analysis of each is yet to be translated into actionable...
SC’s struggles with ‘unruly horse’ of public policy in foreign awards
The Nafed-Alimenta judgment shows it might perhaps be time for Parliament to intervene and clarify the notion of public policy in the context of foreign arbitral awards The Supreme Court, in its recent judgment in the case of...