Year: 2011

The authors have compiled a list of the most-important judgements on the taxation of real estate development contracts. The article will prove invaluable to busy professionals who like having access to important case laws at their finger tips

In Reuters, the Tribunal held that a dependent agent would be a “Permanent Establishment” even if it did not have the power to conclude contracts on behalf of the enterprise. The author, a former Vice-President of the Tribunal & now a practicing advocate, argues that this verdict is not correct

No practitioner can afford to be unaware of latest judgements & whether experts view the judgement as being right or wrong. Towards that end, the author has agreed to take time out of his busy schedule to make an analysis of landmark judgements every quarter. In this part, the author has identified three landmark judgements analyzed them with a critical eye and identified their strengths & shortcomings

The recent judgements in Vodafone, Richter Holdings & Aditya Birla have reignited the debate on the extent to which international transactions can be taxed by lifting the corporate veil. The authors have researched the entire law on the subject in different countries and explained the position in India with specific reference to the General Anti Avoidance Rule in the Direct Tax Code. The valuable research will enable assessees to properly structure their transactions and steer clear of the pitfalls that their peers have encountered

The law on taxation of income from user of computer software has been dogged with unending controversy. In Microsoft/ Gracemac, it was held that the income was assessable as “royalty” while a diametrically opposite view was taken in TII Team. The author has analyzed the entire law on the subject and explains why the law laid down in TII Team is the correct law on the subject

Non-compliance with s. 194C has draconian consequences for the assessee. Sadly, due to numerous legislative amendments, CBDT circulars and conflicting court rulings, the law is not very intelligible. The author, a former Vice-President of the Tribunal, uses his unique experience as Judge & Lawyer to explain the entire law in a simple & straightforward manner

The author, while complimenting Anna Hazare for his crusade against corruption, questions whether going on a fast is the only way to get the Government to listen to popular demand. A progressive society like ours should develop better methods to determine public opinion says the author

The author has conducted a deep and careful study of the law relating to taxation of slump sales u/s 50B. He makes out a compelling case to argue that s.50B is confined to a “sale” and does not extend to other slump transactions like an “exchange” or a “court transfer”. The author contends that despite s. 50B, non-sale slump transactions cannot be made chargeable to tax

The entire law on tax avoidance and tax evasion is set to undergo a radical change with the advent of GAAR in the Direct Tax Code 2010. The author has not only conducted meticulous research on the prevailing law and the proposed law, but also examined the position in other developed countries. The research work will help tax professionals come to terms with the impending change

No practitioner can afford to be unaware of latest judgements & whether experts view the judgement as being right or wrong. Towards that end, the author has agreed to take time out of his busy schedule to make an analysis of landmark judgements every quarter. In this part, the author has identified eight landmark judgements analyzed them with a critical eye and identified their strengths & shortcomings


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