Searching Content indexed under Capital Gains Tax by Khaitan & Co ordered by Published Date Descending.
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Tax Tribunal Upholds Tax ‘Pass Through' Status Of A Venture Capital Fund
In M/s HDFC Property Fund v Income Tax Officer, the Mumbai bench of the Income Tax Appellate Tribunal has, through an order dated 28 February 2019, ruled in favour of the taxpayer, a SEBI registered Venture Capital Fund ...
13 Mar 2019
Tax Tribunal Allows Shareholder's Claim For ‘Capital Loss' In Capital Reduction
The Bangalore bench of the Income Tax Appellate Tribunal in a recent case of M/s Jupiter Capital Pvt. Ltd. v The Assistant commissioner of Income Tax (ITAT order dated 29 November 2018) has allowed the claim for capital loss ...
18 Dec 2018
AIF Gift To The Gift City
India has witnessed an unprecedented growth in the domain of investment funds, at a global level.
13 Dec 2018
Profit On Transfer Of Shares Acquired Under Stock Option Plan Taxable As ‘Capital Gain' Not ‘Salary'
The Chennai Bench of the Income Tax Appellate Tribunal in a recent ruling in Dr. Muthian Sivathanu v Assistant Commissioner of Income-tax [ITA No. 553/2018] held that proceeds received on sale of shares ...
12 Dec 2018
Tax Tribunal Views Transactions Inter SE Group Entities As Sham, Disallows Set-Off Of Resulting Capital Loss
The Income Tax Appellate Tribunal, Delhi in the case of Deputy Commissioner of Income Tax v M/s BS Infosolution Private Limited (ITAT Order dated 23 August 2018) rejected the taxpayer's claim ...
18 Sep 2018
Internal Group Restructuring Gets An Impetus: ITAT Upholds Tax Neutral Transfer Of Capital Assets From A Company To Its Second Step Down Indian Subsidiary
The Income Tax Appellate Tribunal , in the case of Emami Infrastructure Limited v ITO Ward 12 (1) Kolkata, has upheld the capital gains tax exemption to a company arising on transfer of capital assets...
19 Mar 2018
Tribunal Upholds Book-Value Based Taxation Of Partner On Capital Contribution Of Immovable Property In LLP
The Mumbai bench of the Income-tax Appellate Tribunal (ITAT) has delivered a ruling favoring the taxpayer which could impact corporate restructurings significantly and increase the popularity of LLP as a preferred form of entity for business.
10 Jan 2018
Tata's Exit From Idea Through Its Mauritius Subsidiary Outside The Purview Of Section 93 Of The Income Tax Act
The Mumbai Bench of the Income Tax Appellate Tribunal (Tribunal) ruled in favour of Tata Industries Limited (Taxpayer) on the invocation of Section 93 of the Income Tax Act, 1961 (IT Act).
8 Dec 2017
Early Christmas Gift!! Some Relief To Investors In Offshore Feeder Vehicles From Indirect Transfer Tax
The CBDT has issued a circular on 7 November 2017 granting some relief from the applicability of Indian capital gains tax on indirect transfers of Indian assets as contained in the Income Tax Act, 1961 (IT Act) to certain offshore holding structures.
16 Nov 2017
Azadi Saves The Day! Court Rules In Favour Of Mauritian Resident Company
The Hon'ble Bombay High Court upheld a decision wherein a Mauritian entity was entitled to avail the beneficial provisions of the India Mauritius Tax Treaty in relation to capital gains arising from the sale of shares of an Indian company.
4 Aug 2017
Singapore Tax Treaty: Applicability Of ‘Remittance' Test Under LOB Clause To Capital Gains
The Mumbai Bench of the Income-tax Appellate Tribunal (Tribunal) in its ruling in Citicorp Investment Bank (Singapore) Ltd ([2017] 81 368) has upheld the capital gains tax exemption...
20 Jun 2017
Relief To Investors: Government Issues Final Notification Exempting Certain Transactions From Long-Term Capital Gains Tax
Until 31 March 2017, long-term capital gains arising on the transfer of listed equity shares were exempt from tax in India if such transfer was undertaken on a recognized stock exchange and Securities Transaction Tax (STT) was paid on the same.
15 Jun 2017
Revised Valuation Norms Proposed For Unquoted Equity Shares: Bidding Adieu To Book-Value Driven Approach
The Finance Act, 2017 also introduced the provision with respect to determining the FMV of shares in the hands of the seller for the purposes of determining capital gains for the seller.
12 May 2017
Masala Bonds As A Tool To Finance Indian Joint Ventures Receives Budget Boost
In our previous Newsflash, we had discussed the broad contours of issuance of Rupee denominated bonds overseas under the RBI's policy on external commercial borrowings and ...
6 Apr 2017
(Partial) Relief To Investors: Government Issues Draft Notification ‘Exempting' Certain Transactions From Long Term Capital Gains Tax
The Finance Act, 2017 amended the provisions of section 10(38) of the Income-tax Act, 1961 (IT Act).
5 Apr 2017
Reset & Restart-India's Changing Tax Tides
By way of a quick round-up, set out below are few key tax changes that will be / are proposed to be effective from 1 April 2017.
3 Apr 2017
Key Amendments To The Finance Bill, 2017
The Finance Bill, 2017 which was presented by the Finance Minister in the Indian Parliament on 1 February 2017 (Original Bill) has been amended by the Lok Sabha (Amended Bill).
24 Mar 2017
Madras High Court Holds Part Of Sale Consideration Taxable As Non-Compete
In a recent judgment (CIT vs. Chemech Laboratories Limited), the Madras High Court has held that where consideration is paid for all aspects of a transaction (with non‑compete covenants)...
18 Jan 2017
Revised India-Singapore Tax Treaty: Decoding The Third Protocol
Pursuant to the signing of the third protocol (Protocol) amending the India-Singapore Tax Treaty (Treaty) on 30 December 2016, the text of the Protocol has now been officially released...
4 Jan 2017
A New Year, A New Innings: After Mauritius & Cyprus, Singapore To Lose Capital Gains Tax Exemption
The capital gains exemption under the Treaty was made coterminous with that under the India-Mauritius tax treaty.
3 Jan 2017
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