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India: Income Tax

Budget 2021: These three key sectors expect govt to deliver a game-changing super over


All eyes will be on Finance Minister Nirmala Sitharaman on February 1 when she presents the Union Budget 2021 considering the grim legacy of 2020 – on economic, health, and political front. The economic impact of the COVID-19 pandemic has been vastly disruptive starting with the severe first-quarter GDP...

  • Mukesh Butani
  • January 22, 2021
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International 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 released by the United States Trade Representative (‘USTR’) reveal that such concerns are...

  • Mukesh Butani
  • January 22, 2021
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India: Income Tax

Budget 2021: New economic outlook on the anvil – Trade policy perspectives


Introduction In what could be labelled as the world’s worst economic deceleration since the great depression in 1930’s, the world economy is 2020 is expected to contract by 5% and India around 8%. Barring the shock in the first quarter GDP, the Indian Economy has bounced back sharply and a silver lining from an...

  • Mukesh Butani
  • January 22, 2021
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India: Legal

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 Templeton Trustees (FTT) to foreclose their debt fund schemes, purportedly to preempt...

  • Mukesh Butani
  • December 29, 2020
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International Tax

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 enterprises (AEs) for the use of intellectual property, and confirmed an addition of...

  • Mukesh Butani
  • December 28, 2020
  • 0
India: Legal

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 these times, it also means uncertainty and risk of dual taxation, given that such efforts...

  • Mukesh Butani
  • December 2, 2020
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‘Essar Steel verdict: Strengthening committee of creditors comes with riders’ Business Standard Column


The ArcelorMittal saga finally achieved quietus on November 15, 2019. Its resolution plan for rehabilitating Essar Steel was blessed by the apex court. While the judgment traverses a range of issues, the core question which it...

  • Mukesh Butani
  • December 14, 2019
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Article –‘Pushing exports: India must rethink trade policy’ Financial Express Column of November 18, 2019


While the trade policy mandarins of the GoI will look for solutions, the message is clear—time is up for dole-outs for promoting exports, and competitiveness of exports must be driven by quality. On October 31, a panel...

  • Mukesh Butani
  • November 18, 2019
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‘Corporate Tax Cuts: NaMo’s September Deepawali’, Bloomberg|Quint column


As part of the monetary and fiscal measures for reversing the recent economic trends, on Friday the Finance Minister announced the biggest of the measures; the promulgation of the Ordinance by the President of India which brings...

  • Mukesh Butani
  • September 27, 2019
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‘An ordinance tax boost’, Business Standard column of September 23, 2019


Short-term focus shifts to what extent the new measures will impact the fiscal deficit, accelerating non-tax revenue of the government Though there have been several precedents for Parliamentary Money Bills, such as income tax...

  • Mukesh Butani
  • September 23, 2019
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‘Amendments to the IBC: Correcting judicial errors, Business Standard column


The operational creditors cited the NCLAT’s decision on July 4, 2019, in Standard Chartered Bank vs Satish Kumar Gupta, R P of Essar Steel Often, courts step in to lend direction when new statues lack clarity or are...

  • Mukesh Butani
  • September 23, 2019
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“Foreign Portfolio Investors bear the brunt of taxation flip-flops” – Mint column, July 17, 2019


A senior official at the finance ministry remarked a day after the budget that the most complex part of the Finance Bill proposals are contained in Part I of the first Schedule. Hidden in that part was application of additional...

  • Mukesh Butani
  • July 18, 2019
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Article ‘Two Years of GST – Dissecting Disputes’ Bloomberg Quint column


In a week, the nation will be celebrating the second anniversary of landmark tax reform, the Goods and Services Tax Act. It is only befitting to remark that neither and analysed across various dimensions. From an ease-of-doing...

  • Mukesh Butani
  • July 3, 2019
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‘India’s GSP status: US’ attempt to leverage’ Business Standard column


On May 31, US President Donald Trump proclaimed the Trade Act of 1974 re-designating India as a “beneficiary developing country” from the Generalised System of Preferences (GSP), reversing an executive order of November 1975...

  • Mukesh Butani
  • June 10, 2019
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Why next-generation tax reforms must top to-do list for Modi 2.0 government’ – CNBC TV 18


As the next government considers what the next five years of the reform agenda should look like, tax reforms will, inevitably, play a large role. The GST, which underwent teething challenges due to inadequate planning on...

  • Mukesh Butani
  • June 10, 2019
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‘Let’s get serious about new tax code, put economics ahead of politics’ Business Standard column of May 27, 2019


It’s time to put economics ahead of politics. The DTC has been in works for the past 18 months with intensity and the working group is expected to submit a draft code by the end of the month. The Code is expected to contain...

  • Mukesh Butani
  • May 31, 2019
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  • Budget 2021: These three key sectors expect govt to deliver a game-changing super over
  • Kluwer’s Blog: United States’ 301 findings on India’s Equalisation Levy – What next!
  • Budget 2021: New economic outlook on the anvil – Trade policy perspectives
  • Franklin Templeton case: HC sows seeds of democracy in governance of MFs
  • The Coca-Cola Company Ruling – Analysing the US Tax Court’s observations

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  • India: GST
  • India: Income Tax
  • India: Legal
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  • International Tax

Taxation By Consensus Or By Tyranny? Harish Salve & Mukesh Butani Discuss


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