Financial Express: Tax matters: The Cairn conundrum and the future of tax arbitration
By Mukesh Butani & Aparna Raman The arbitration ruling by the Permanent Court of Arbitration (PCA) in the Cairn Energy case, coming just three months after the Vodafone ruling, is testimony that jurisdiction is and will...
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...
Kluwer’s Blog: United States’ 301 findings on India’s Equalisation Levy – What next!
Introduction One of the key reasons highlighted by OECD imploring the urgent need for consensus on digital tax under its Inclusive Framework were the repercussions arising on account of unilateral digital taxes. Recent reports...
The Coca-Cola Company Ruling – Analysing the US Tax Court’s observations
Purpose of the blog: To analyze the recent ruling of the US tax court (‘the Court’) in the case of The Coca-Cola Company (TCCC). Ruling: The US Tax Court, for the years 2007-09, ruled TCCC was under-compensated by its associated...
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...
Is digital tax the end of Multilateralism as we know it?
Frustrated by the slow pace of discussions and anxious to mobilise revenue considering the Covid-19 pandemic, several countries have taken unilateral measures to tax the digital economy.
Decoding India’s stand on Digital Tax
Traditional international tax law principles fail to account for the developments in technology that allow businesses to cater to market jurisdictions remotely In the recent past, international tax law principles have come under...
De-Escalating The Digital Tax Debate
Like most domestic laws and bilateral treaty networks that were established prior to the digital revolution, the international tax regime was built for a brick and mortar economy. Its inability to be adept to new business models...
The Not-So-Great Equaliser Tax
Days before the nationwide lockdown was announced, as part of the passage of the Finance Act 2020, Parliament proposed an ‘equalisation levy’ on overseas ecommerce operators. This could not have come at a more inappropriate time....
Expansion of equalisation levy: Why it’s not well-timed
By expanding the scope of equalisation levy to cover foreign e-commerce platforms, India has rushed to incrementally cast its net wide insofar as the digital service user-base is concerned. The amended Finance Bill 2020, which...