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Ergo Update

US Limited Liability Company is Eligible to Claim India-US Tax Treaty benefit – Delhi ITAT

Submitted by yvonne on Fri, 09/20/2024 - 23:40

In the case of General Motors Company USA v Assistant Commissioner of Income Tax – Circle (International Taxation), 2024 166 taxmann.com 170 the Delhi bench of the Income Tax Appellate Tribunal (ITAT) held that a Limited Liability Company (LLC) incorporated in USA is eligible to claim the benefits of the India-US Tax Treaty (Tax Treaty).

New MeitY Advisory Seeks Prompt Removal of Prohibited Content from Platforms

Submitted by yvonne on Tue, 09/17/2024 - 16:58

The Ministry of Electronics and Information Technology (MeitY) issued an advisory dated 3 September 2024 (Advisory) to ‘intermediaries’ emphasizing on the responsibility to take prompt action to remove any prohibited content from their platforms in order to meet due diligence obligations under the Information Technology Act, 2000 (IT Act) read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Intermediary Guidelines).

RBI Eases Regulations on Investments in AIFs by Regulated Entities

Submitted by yvonne on Tue, 09/17/2024 - 12:07

The Reserve Bank of India (RBI) on 19 December 2023 issued a circular (Circular) imposing restrictions on (i) all commercial banks (including small finance banks, local area banks and regional rural banks), (ii) all primary (urban) co-operative banks/state co-operative banks/ central co-operative banks, (iii) all India financial institutions, (iv) all non-banking financial companies (including housing finance companies) (Regulated Entities or RE(s)) with respect to their investments in alternative investment funds (AIF(s)).

A New Era for Telecommunication Infrastructure: DoT Releases New Rules for Critical Telecommunication Infrastructure

Submitted by yvonne on Thu, 09/12/2024 - 17:23

On 28 August 2024, the Department of Telecommunications (DoT) released the draft Telecommunications (Critical Telecommunication Infrastructure) Rules, 2024 (Rules) for governing ‘critical telecommunication infrastructure’ (CTI). The Rules are slated to be taken into consideration after expiry of 30 days from the date of its publication in the Official Gazette. In the meantime, stakeholders can submit observations and suggestions in respect of the Rules.

Delhi High Court Reiterates Importance of Tax Residency Certificate Issued by Mauritius Tax Authorities to Claim Benefits under India-Mauritius DTAA

Submitted by yvonne on Mon, 09/09/2024 - 14:14

The Delhi High Court (HC) in Tiger Global III Holdings v Authority for Advance Rulings, 2024 SCC OnLine Del 5987 overturned the decision of the Authority for Advance Ruling (AAR) where AAR had taken a view that the transaction of sale of shares of Flipkart Private Limited, a Singapore entity (Flipkart) to Walmart International Holdings, Inc. constituted a prima-facie tax avoida