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31 May 2021 at 17 : 22 PM
Investment Funds: Monthly Digest: Foreign investments by Alternative Investment Funds
Read MoreMay 31, 2021 FOREIGN INVESTMENTS BY ALTERNATIVE INVESTMENT FUNDS The securities market regulator Securities and Exchange Board of India (“SEBI”) in its latest circular1 has enhanced the overseas industry-wide investment limit for Alternative Investment Funds (“AIFs”) and Venture Capital Funds (“VCFs”) to USD 1, 500 million from the erstwhile limit of USD 750 million (the “Circular”). […]
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31 May 2021 at 12 : 42 PM
Tax Hotline: AAR denies Parent-Subsidiary Capital Gains Exemption in Buyback, upholds Taxability under Section 46A
Read MoreMay 31, 2021 AAR DENIES PARENT-SUBSIDIARY CAPITAL GAINS EXEMPTION IN BUYBACK, UPHOLDS TAXABILITY UNDER SECTION 46A Buyback in case of wholly owned subsidiary held taxable under section 46A of the Income Tax Act, 1961, being a special provision that overrides a general exemption under section 47 Since buyback involves extinguishment of underlying shares, upholding exemption […]
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28 May 2021 at 18 : 22 PM
Shelf Reflection CE by Deepshi Singh
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28 May 2021 at 15 : 50 PM
Tax Hotline: Reimbursement by Indian company to offshore company for obligated expenses in relation to expatriates not FTS: AAR
Read MoreMay 28, 2021 REIMBURSEMENT BY INDIAN COMPANY TO OFFSHORE COMPANY FOR OBLIGATED EXPENSES IN RELATION TO EXPATRIATES NOT FTS: AAR Reimbursement held not to be fees for technical services as there was employer-employee relationship between the Indian company and expatriate personnel. Payments made to reimburse obligated expenses such as social security contributions, insurance and relocation […]
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27 May 2021 at 16 : 13 PM
Insolvency and Bankruptcy Hotline: No equality amongst equals: Treatment of secured creditors under IBC
Read MoreMay 27, 2021 No equality amongst equals: Treatment of secured creditors under IBC This article was originally published in the 24th May 2021 edition of Summary The question of whether senior secured creditors have primacy over junior secured lenders in the liquidation process under IBC has been a subject of much debate. The Insolvency Law […]
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26 May 2021 at 23 : 34 PM
Anti Enforcement Injunction – Recent Ruling by Delhi High Court (May 25, 2021)
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26 May 2021 at 16 : 51 PM
Dispute Resolution Hotline: Ca(ir)n India Fly?
Read MoreMay 26, 2021 Ca(ir)n India Fly? Summary Cairn Energy PLC has moved to seize Air India’s assets to enforce a $1.2 billion arbitration award it won against a retrospective tax demand by the Indian government. Vyapak Desai of Nishith Desai Associates along with Mukesh Butani, Managing Partner at BMR Legal Advocates and Deepshikha Sikarwar of […]
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25 May 2021 at 15 : 10 PM
IBC Updates (May 24, 2021)
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25 May 2021 at 15 : 05 PM
NDA Anecdotes – Everyone to share (May 19, 2021)
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25 May 2021 at 15 : 09 PM
Status of Guarantors under IBC (May 18, 2021)
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24 May 2021 at 16 : 06 PM
GIFT City Express: RBI permits Indian Party to make sponsor contributions to AIFs in GIFT City
Read MoreMay 24, 2021 RBI PERMITS INDIAN PARTY TO MAKE SPONSOR CONTRIBUTIONS TO AIFS IN GIFT CITY The GIFT City, or Gujarat International Finance Tec-City, is India’s first International Financial Services Centre (“IFSC”). It has been conceived as a world class smart city with state-of-the-art infrastructure to act as a global financial hub. The establishment […]
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21 May 2021 at 17 : 52 PM
Role of Mentors and Mentees (May 17, 2021)
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21 May 2021 at 17 : 29 PM
Dispute Resolution Hotline: Delhi High Court issues anti-enforcement injunction against order of Wuhan Court
Read MoreMay 21, 2021 DELHI HIGH COURT ISSUES ANTI-ENFORCEMENT INJUNCTION AGAINST ORDER OF WUHAN COURT Foreign court cannot restrain a party from pursuing its cause before an Indian court, when Indian court is the only competent court to adjudicate the dispute; Certain overlap between two proceedings cannot solely be a ground to grant an anti-suit injunction; […]
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21 May 2021 at 15 : 05 PM
Ca(ir)n India Fly? Impact of Cairn Energy’s move on India’s investment destination image
Read MoreMay 21, 2021
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21 May 2021 at 13 : 51 PM
Tax Hotline: Tribunal rules on non applicability of LOB clause; observes timing when a treaty needs to be referred
Read MoreMay 21, 2021 TRIBUNAL RULES ON NON APPLICABILITY OF LOB CLAUSE; OBSERVES TIMING WHEN A TREATY NEEDS TO BE REFERRED Tax residency of company under India-UAE Treaty will be decided on basis where the company is controlled and managed from and not by reason of number of days the director stayed in UAE When an […]
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18 May 2021 at 16 : 28 PM
Tax Hotline: AAR rejects advance ruling application for non-disclosure of material facts
Read MoreMay 18, 2021 AAR REJECTS ADVANCE RULING APPLICATION FOR NON-DISCLOSURE OF MATERIAL FACTS Intervener in AAR application cannot seek ruling through another application on same transaction in the absence of specific leave from AAR. AAR’s power to reject application not restricted to grounds mentioned in proviso to section 245R(2); can reject where material facts not […]