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A Closer Look At Taxation Of Cloud Services Internationally

CA Ashish Chadha has pointed out that the increased use of cloud-based services has led to cross-border tax implications for the suppliers and the customers. He has analyzed various types of cloud services such as ‘accounting serves’, ‘database’, ‘storage’, ‘support services’ and examined whether the income therefrom can be assessed as “royalty’, ‘fees for technical services’ or ‘business profits’ under the DTAAs and international tax law

Cloud computing, also referred to as ‘the cloud’, is the delivery of on-demand computing resources over the Internet. The cloud has brought out an elementary change in the way information technology (‘IT’) services are developed, maintained, deployed, updated and paid for. Cloud-based services are fattening in both the business sector and among users. Companies that seek greater IT efficiency and reduction of their capital costs are moving towards the cloud. The users opt for cloud-based applications to store their digital content that they wish to share and access on multiple devices.

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Taxation of Undisclosed Foreign Income and Asset – Interplay Between The Income Tax Act And The Black Money Act

CA Sunil Maloo has analysed the Interplay between the Income Tax Act, 1961 and The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015. He has explained the recent controversy, summary of the legal provisions and also offered valuable advice based on his practical experience of working on Direct tax litigation and Settlement Commission cases

1. Taxation of Undisclosed Foreign Income and Assets (including financial interest in any entity) has been very close to the heart of the Indian Law Makers throughout past one decade. To tackle with this issue, following actions have been taken by the parliament–

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Finance (No. 2) Bill 2019: 25 Suggestions Relating To BEPS And GAAR Provisions

Dr. Sunil Moti Lala, Advocate, has conducted a detailed study of the provisions of the Income-tax Act relating to ‘Base Erosion and Profit Shifting’ (‘BEPS’), General Anti Avoidance Rule (‘GAAR’) and other critical issues affecting the global arena. Based on this study, he has offered 25 suggestions which can be incorporated in the impending Finance Bill

Background w.r.t. BEPS and GAAR

BEPS – Global Initiative

International tax rules have not always kept up with the development in the world economy and globalisation has increased the need for countries to cooperate with each other to protect their sovereignty on tax matters.In 2013, the shifting of profits by Multi-National Enterprises (MNEs) had gained unprecedented political significance and rightly so.

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Digest Of 4000 Important Judgments On Transfer Pricing, International Tax And Domestic Tax (Jan To Dec 2018)

Dr. Sunil Moti Lala, Advocate, has prepared a Digest of 4000 Important judgments on Transfer pricing (1150 cases), International Tax (200 cases) and Domestic Tax (2650 cases) pronounced in the period January 2018 to December 2018. The author has meticulously and systematically classified the judgments into various categories to enable ease of reference. A PDF copy of the Digest is available for download. He has also given the appeal numbers in all cases so as to enable the judgements to be retrieved from the website of the respective Court or Tribunal. The digest will prove invaluable to all practitioners of taxation law

The Digest comprises of all the important judgements dealing with transfer pricing, international taxes and domestic taxation laws. A brief head note is given for each case. The Digests for the earlier periods are available here

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Benami Transactions: Analysis Of Latest Judgement Of The Supreme Court In Mangathai Ammal vs. Rajeswari

Ashwani Taneja

In Mangathai Ammal vs. Rajeswari, the Supreme Court has explained the law on statutory presumption and burden of proof in the context of the 1988 Act as well as the 2016 amendment. It has also considered whether the said amendment can be treated as retrospective and applicable to earlier transactions. Advocates Ashwani Taneja & Renu Taneja have highlighted the salient points of the judgement and explained its practical relevance

Case Analysis of recent judgment of the Supreme Court in the case of Mangathai Ammal (Died) through LRs &Ors. vs Rajeswari & Ors. (Civil Appeal Number 4805 of 2019)

The above said judgment passed by the Supreme Court, as recent as on 9th May 2019, is of great significance for many reasons.

Firstly, it has upturned and reversed the findings of both the lower authorities i.e. the Trial Court as well as the High Court.

Secondly, in this process it has given fine principles of jurisprudence dealing with the Benami Law.

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Taxability Of Bogus Share Capital U/s 68: Impact Of Supreme Court Judgment In NRA Iron & Steel 412 ITR 161

Advocate Dharan V. Gandhi has conducted a thorough analysis of the recent judgement of the Supreme Court in PCIT vs. NRA Iron & Steel 412 ITR 161 on the taxability of bogus share capital and premium u/s 68 of the Income-tax Act. He has explained the nuances of the judgement and also offered valuable advice on what taxpayers should do to be able to successfully distinguish the said judgement from applying to the facts of their case

Introduction

The most effective and lethal weapon used by the Income-tax Department (‘Department’) against evasive tactics used by the assessees, to convert their unaccounted money in accounted one, is section 68 of the Income-tax Act, 1961 (‘Act’).

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Treatise On The Rule Of Evidence As Applicable To Direct Tax Laws

Dr. K Shivaram, Senior Advocate, has explained the entire law on the applicability of the rules of evidence to Direct Tax Laws. Copious reference has been made to all the important judgements on the subject. The author has also explained the law in a video presentation. A pdf copy of the article is also available for download

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Benami Transactions: Analysis Of Latest Judgement Of The Supreme Court In P. Leelavathi vs. V. Shankarnarayana Rao

Ashwani Taneja

In P. Leelavathi vs. V. Shankarnarayana Rao the Supreme Court has set the guidelines and paved the roadmap to be followed by the lower courts and authorities while dealing with the issue of Benami properties under the new law. Advocates Ashwani Taneja & Renu Taneja have analyzed the judgement in meticulous detail and explained all of its salient features

Trend Setter judgment from Hon’ble Supreme Court on Benami Law

Brief Analysis of its far reaching implications in the implementation of New Benami Law

In the case of P Leelavathi vs V Shankar Narayan Rao (Supreme Court)

(In Civil Appeal Number 1099 of 2008 Dt. 9th April, 2019)

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Analysis Of Judgement Of Appellate Tribunal In Manpreet Estates LLP On Prohibition Of Benami Property Transactions Act

Advocate Ashwani Taneja has analyzed the recent judgement of the Appellate Tribunal for Benami Transactions in Akashdeep, IO vs. Manpreet Estates LLP and identified the important principles of law emanating from it. The judgement provides important clarity as to the burden of proof and the role of the Evidence Act as well as the principles of general law concerning benami transactions

ANALYSIS OF THE HON’BLE APPELLATE TRIBUNAL’S JUDGEMENT IN THE MATTER OF: INITIATING OFFICER AND DY. COMMISSIONER OF INCOME TAX (BENAMI PROHIBITION) UNIT-2, MUMBAI VERSUS M/s MANPREET ESTATES LLP & ORS

INTRODUCTION

A landmark judgment has been passed by the Hon’ble Appellate Tribunal (PBPT and Benami Law), New Delhi wherein fine points of the New Benami Law have been decided by the Hon’ble Chairman of the Tribunal.

The note-worthy observations in the judgment have been summarized in the following points:-

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Contribution By Charitable Trusts – Current Legal Status In Maharashtra

CA Anilkumar Shah has explained whether the collection by the Charity Commissioner of contribution on surplus from Charitable Trusts in the state of Maharashtra is legal or not in the light of the statutory provisions and the judgement of the Supreme Court in State of Maharashtra vs. The Salvation Army 1975 AIR 846

Background

Before the enactment of Bombay Public Trusts Act, 1950 in the state, i.e. in the pre-freedom era, there were as many laws as the Princely states. Added to it were laws for various communities, e.g. Parsi, Muslims etc. and those enacted under the British rule.

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