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The importance of share valuation report in Indian transactions

The importance of share valuation report in Indian transactions

by Majmudar & Partners | Mar 24, 2021 | Tax

In two interesting cases, one from the Delhi High Court and the other from the Chennai Income Tax Appellate Tribunal (the “Chennai ITAT”), the importance of a share valuation report in settling tax disputes has, once again, come to the fore. The Delhi High Court case...
India’s Supreme Court settles dispute on royalty tax withholding in India

India’s Supreme Court settles dispute on royalty tax withholding in India

by Majmudar & Partners | Mar 12, 2021 | Disputes and Arbitration, Tax

With regard to an over two-decade-old software royalty tax dispute, India’s Supreme Court (“SC”) has ruled that software payments made by Indian end-users or distributors and resellers to overseas software suppliers are payments for sales and not for royalties....
New rules for digital media intermediaries: how far is too far?

New rules for digital media intermediaries: how far is too far?

by Majmudar & Partners | Mar 4, 2021 | Technology, Telecommunication and Media

Background On February 25, 2021, the Indian government unveiled the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 (the “New Rules”).  Once notified in the Official Gazette, the Intermediary Rules will supersede...
Payment for offshore services are taxable in India: AAR

Payment for offshore services are taxable in India: AAR

by Majmudar & Partners | Feb 12, 2021 | Tax

Recently, in the case of Technip France SA, the Authority for Advance Rulings (the “AAR”) dealt with the issue of taxability in India of an offshore supply of equipment and provision of offshore services. The AAR held that the payment for the offshore supply was not...
Unfair Contracts: A statutory nod to equitable law?

Unfair Contracts: A statutory nod to equitable law?

by Majmudar & Partners | Feb 5, 2021 | Competition, Corporate/M&A, Disputes and Arbitration

Recently, in Ireo Grace Realtech Private Limited v. Abhishek Khanna and Ors. (C.A. 5785 of 2019), India’s Supreme Court (the “SC”) examined the binding value of oppressive and one-sided contracts, and the recourse for affected parties under Indian consumer protection...
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