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International Tax

Financial Express: GLoBE Rules: Making a start


– Mukesh Butani On December 20, 2021, the OECD released the model Anti Global Base Erosion Rules. The Model Rules (also referred to as the “GloBE” Rules) are part of a two-pillar solution—Pillar 1 gives taxing rights to market jurisdictions and Pillar 2 establishes a global minimum corporate tax of 15%—to...

  • Mukesh Butani
  • January 7, 2022
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India: Income Tax

Business Today – India withdraws retro tax: What Next?


– Mukesh Butani On August 5, 2021, the government proposed the Taxation Laws (Amendment) Bill, 2021 to amend Section 9 of the Income Tax Act, 1961 (ITA). It was notified as an Act on August 13 after being passed by both houses of the Parliament and upon receiving Presidential assent.  Section 9 provides for...

  • Mukesh Butani
  • September 4, 2021
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India: Income Tax

Kluwer International Tax Blog: Global Experts debate Landmark Transfer Pricing Cases in IFA Webinar


– Mukesh Butani & Seema Kejriwal On 20 May, 2021 the first Webinar of IFA’s online series “A conversation on International Tax Practice” was held. Chaired by Robert Danon (Chair IFA Permanent Scientific Committee), global experts shared their perspectives on India’s software royalty case and on landmark...

  • Mukesh Butani
  • August 31, 2021
  • 0
India: Income Tax

The Financial Express – Taxpayer rights: Seeking a new dawn for nation-builders


– Mukesh Butani & Kinshuk Jha As India enters its 75th year of Independence in a year fraught with trials, tribulations and resilience, there are encouraging signs on the horizon for taxpayers of the world’s largest democracy. On August 13, 2020, PM Narendra Modi announced the Taxpayers’ Charter...

  • Mukesh Butani
  • August 24, 2021
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International Tax

Mint: We will eliminate double taxation, says OECD tax chief


-Mukesh Butani We need to design the rules on global minimum taxes for implementation, to finalize this political agreement by October, says Pascal Saint-Amans, Director of OECD’s Center for Tax Policy and Administration Global leaders are rewriting the tax rules to check the corporate practice of shifting...

  • Mukesh Butani
  • August 19, 2021
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India: Legal

The Financial Express: Retrospective Tax Law: Good riddance to a bad taxation approach


By Mukesh Butani & Tarun Jain Sovereignty’s manifestation, especially in contemporary civilisation, is shaped by pragmatism and due process. Bill of rights, constitutionalism, an independent judiciary, etc, within the domestic context, coupled with international law principles and extensive treaty framework,...

  • Mukesh Butani
  • August 9, 2021
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India: Legal
India: Legal

The Financial Express: OECD Tax Proposals: What are the implications for India?


Uncertainty on the process and outcome await the Indian tax authorities and businesses covered under OECD pillar one & two By Mukesh Butani & Tarun Jain The OECD, on July 1, issued a statement indicating consensus amongst...

  • Mukesh Butani
  • July 12, 2021
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India: Legal
India: Legal

Bloomberg Quint: Personal Guarantors Judgment– Time For Promoters To Right-Size Insolvency Risk


– Mukesh Butani & Pradeep Joy The Insolvency and Bankruptcy Code, 2016 has emerged as the most impactful legislation for enforcement actions by creditors against corporate debtors. Its interpretation has not been...

  • Mukesh Butani
  • June 3, 2021
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India: Legal
India: Legal

The Business Standard: India opening legal service to UK lawyers: Introspecting a roadmap for 2030


Mukesh Butani & Tarun Jain Extensive stakeholder consultation and pragmatic measures to assuage the concern of Indian lawyers are necessary before changes are affected Amid the pandemic gloom, a news to cheer is the...

  • Mukesh Butani
  • May 25, 2021
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India: Legal
India: Legal

BW Legal World: India Rethinks its Trade Relationships: Appraising the New Outlook


It is premature to conclude whether the new trajectory on FTAs will mark a watershed moment in India’s trade partnership and business interests. Nonetheless, the intent and effort to reach greater heights in economic alliances...

  • Mukesh Butani
  • May 16, 2021
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India: Income Tax
India: Income Tax

Kluwer International Tax Blog : India’s Supreme Court finally settles a two decade old dispute on software taxation


Mukesh Butani, Seema Kejriwal, Ajitesh Dayal Singh Introduction The Supreme Court of India recently settled a two-decade old dispute pertaining to taxability of software income. The Supreme Court ruled that payments to...

  • Mukesh Butani
  • March 24, 2021
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India: Income Tax
India: Income Tax

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...

  • Mukesh Butani
  • March 13, 2021
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Budget 2021
Budget 2021

Legal Era – Budget 2021 – A Shift in India’s Litigation Landscape


“Death is not the end. There remains the litigation over the estate”. The above quote by Ambrose Bierce, a noted American journalist sums up the state of litigation in India. Litigation is an inherent component of any modern tax...

  • Mukesh Butani
  • February 23, 2021
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Budget 2021
Budget 2021

Bloomberg Quint – Budget 2021: Company Law Reforms on the Horizon


The Budget announcements made on February 01, 2021 have wide ramifications and significantly affect many segments of the economy. This column coves changes proposed in the Finance Minister (‘FM’) speech under the “Company...

  • Mukesh Butani
  • February 19, 2021
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International Tax
International Tax

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...

  • Mukesh Butani
  • February 18, 2021
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Budget 2021
Budget 2021

Kluwer International Tax Blog- Budget 2021: India Defines “Liable to Tax” – Will It Facilitate or Fuel the Debate on Interpretation of Tax Treaties?


Mukesh Butani, Seema Kejriwal, Ajitesh Dayal Singh (BMR Legal) Introduction India’s 2021 Finance Bill proposes to add a definition of “liable to tax” in its domestic direct tax law. As per the definition, the term ‘liable to...

  • Mukesh Butani
  • February 16, 2021
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Taxation By Consensus Or By Tyranny? Harish Salve & Mukesh Butani Discuss


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