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Publications

Clock starts ticking for the time-bound IP Filings in India

Submitted by indigoadmin on Fri, 10/01/2021 - 11:18

The Hon’ble Supreme Court of India (Supreme Court) has recently passed an order dated 23 September 2021 (SC Order) in Suo Moto Writ Petition (Civil) No 3/2020 (SC Matter) issuing comprehensive directions for resuming the limitation period under various laws which were lying suspended since 15 March 2020 on account of Covid-19 pandemic. As a consequence, thereof, the deadlines for various acts / proceedings, filing of any reply / document, payment of fees, etc. relating to any intellectual property matter (IP Filings) have resumed w.e.f.

Tribunal holds BVI company re-domiciled in Mauritius entitled to India-Mauritius tax treaty benefits, also holds agency PE to be tax neutral

Submitted by indigoadmin on Thu, 08/12/2021 - 00:04

In a first ruling on the issue, the Income Tax Appellate Tribunal, Mumbai (Tribunal) in its recent judgment in the case of Asia Today Limited (Taxpayer) [ITA No. 4628/2006, ITA No.4629/2006, ITA 1877 of 2008 and CO No. 123/2008], ruled that re-domiciliation from British Virgin Islands to Mauritius cannot by itself result in denial of the benefits of the India-Mauritius tax treaty (Tax Treaty).

CESTAT holds Venture Capital Funds liable to pay Service Tax on expenditure incurred in administration of fund and carried interest: Its impact on the PE fund management industry

Submitted by indigoadmin on Thu, 07/22/2021 - 14:25

The Customs Excise and Service Tax Appellate Tribunal (“Tribunal”), Bangalore bench vide order dated 1 July 2021 in ICICI Econet and Internet Technology Fund v Commissioner of Central Tax [Service Tax Appeal No 2900 of 2012] confirmed service tax liability on expenses incurred by a venture capital fund (“VCF”) incorporated as a trust, as consideration received towards asset management services.