India: Income Tax

Subscribe
Tax law and international tax law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital gains tax, corporate tax, income tax, inheritance tax, national insurance, property taxes, sales taxes, VAT, GST, tax authorities, transfer pricing and withholding tax.
Article
Tribunal Accords Strict Interpretation To Section 2(41A) To Deny Tax Neutrality To Demerger Where Shares Are Issued By The “holding Company” Instead Of The Company To Whom The Undertaking Is Demerged; Denies Carry Forward Of Losses Under Section 72A Of The Income Tax Act, 1961
Corporate demergers have long served as an effective mechanism for business reorganisation, enabling companies to segregate business verticals, streamline operations and facilitate strategic investments in a tax-efficient manner. It is not uncommon for group restructurings to involve transfer of an undertaking to a wholly owned subsidiary (“WOS”) while the consideration is discharged through issuance of shares by its holding company—a structure that has, on several occasions, received approval under the Companies Act, 2013.
India Commercial
VA
Vaish Associates Advocates
Article
ITAT Holds Court-Approved Capital Reduction Outside The Ambit Of Section 115QA
Seaview Developers Pvt. Ltd. (‘Assessee’) was engaged in the business of developing and leasing commercial real estate property in India, particularly an SEZ project in Uttar Pradesh. Being an SEZ developer/operator, the Assessee was eligible to claim deduction under section 80-IAB of the Income-tax Act, 1961 (the ‘Act’) for profits derived from development and operation of the SEZ.
India Commercial
AC
Aurtus Consulting LLP
Article
HSA Advocates Successfully Represented M.B. Power (Madhya Pradesh) Limited Before The Madhya Pradesh Electricity Regulatory Commission In Proceedings Concerning The True-up Of Generation Tariff For Its 2x600 MW Anuppur Thermal Power Project.
One of the key issues before the Ld. Madhya Pradesh Electricity Regulatory Commission (“MPERC”) was whether MB Power was entitled to gross-up its Return on Equity (“RoE”) notwithstanding the fact that, at the corporate level, it had not paid income tax during certain years owing to losses and unabsorbed depreciation arising from its other businesses. MPPMCL opposed the claim, inter alia, on the grounds that the claim was barred by limitation and that grossing-up could not be permitted in the absence of actual tax payment by the corporate entity.
India Energy
HA
HSA Advocates
Article
India’s Digital Tax Search Powers: Supreme Court Rejects PIL, Affirms Section 132 Jurisprudence
The Supreme Court dismissed a public interest litigation challenging the constitutionality of digital search and seizure powers under Section 132 of the Income Tax Act, 1961 and the corresponding Section 247 of the Income Tax Act, 2025 on March 9, 2026. Chief Justice Surya Kant’s bench refused to entertain arguments that warrantless access to cloud servers, emails, and encrypted devices violates Article 21 privacy rights, holding that existing judicial review mechanisms adequately safeguard taxpayers while enabling tax evasion combat.
India Tax
Ka
Khurana and Khurana
Article
Streamlining Cheque Bounce Litigation: The Supreme Court’s Deepening In Sanjabij Tari v. Kishore S. Borcar.
The Supreme Court of India in its recent decision in Sanjabij Tari vs. Kishore S. Borcar and anr. , effectively reiterates and clarifies the legal position under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The judgment deals with several key aspects, including: (i) the scope and strength of the statutory presumptions under Sections 118 and 139, (ii) how and to what extent an accused can challenge the complainant’s financial capacity, (iii) the limited grounds on which revisional courts can interfere with concurrent findings, and (iv) broader directions issued to tackle the growing backlog of cheque dishonour cases.
India Litigation
Saga Legal
See more

Latest Videos

See more