Summary: The Prohibition of Benami Property Transactions Act, 1988, is a special penal statute and actions under it are sovereign actions. The Supreme Court recently settled that where an action is taken under such a penal statute, it being a
The India Tax Law blog, published by Cyril Amarchand Mangaldas, focuses on developments and analyses in Indian taxation, including the impact of new labour codes on tax liabilities, interpretations of Double Taxation Avoidance Agreements (DTAAs) and Multilateral Instruments (MLI), reforms in profit attribution rules for Permanent Establishments (PEs), and clarifications on General Anti-Avoidance Rules (GAAR). It covers tax implications for both domestic and foreign investors, litigation strategies, regulatory updates, and policy reforms affecting corporate and individual taxpayers. The blog addresses practical tax planning, compliance challenges, and judicial decisions shaping the Indian tax landscape.
Summary: India’s tax framework has long posed challenges for foreign investors, particularly around PE and profit attribution rules. NITI Aayog’s working paper proposes a presumptive taxation scheme to simplify compliance and reduce litigation with respect to profit attribution. Through introducing…