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Advaita Legal

Should you opt for tax dispute resolution scheme?

By Sudipta Bhattacharjee and Onkar Sharma, Advaita Legal
With the goods and services tax (GST) well into its second year, the government now wants to focus its resources and enforcement machinery on the collection of GST rather than getting bogged down by...

PwC director to head GST team at Hammurabi

Hammurabi & Solomon has hired Pravesh Khandelwal as a partner to lead its indirect taxes (IDT) and goods and services tax (GST) practice in Gurugram. Khandelwal joins from PricewaterhouseCoopers (PwC), where he worked for...
Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors

Ideas for government to reform ailing power sector

By Abhishek Tripathi and Anura Gupta, Sarthak Advocates & Solicitors
The Narendra Modi government’s ambition to make India a US$5 trillion economy by the financial year 2024-25 will require many pieces to come together and the revival of the power sector will be central...

Avoiding contractual disputes arising out of GST

By Sudipta Bhattacharjee and Kanupriya Bhargava, Advaita Legal
The first part of this article, published in the May edition of this journal, highlighted instances of contractual disputes arising out of goods and services tax (GST) due to differences in the interpretation of...
law firms

Leaders of the pack

India Business Law Journal reveals the top international law firms for India-related matters. Vandana Chatlani reports. Five years ago, when Prime Minister Narendra Modi first came to power he was described by former CNN New...

Tax body proposes new rules on profit attribution

The Central Board of Direct Taxes (CBDT) recommended significant amendments to the current rules on attribution of profits to permanent establishments (PEs) in a report issued on 18 April 2019. The report is based primarily...
modi government

Wish list

As the Modi government comes back to power, Lawyers tell Gautam Kagalwala about their expectations for the new term The ruling Bharatiya Janata Party led by Prime Minister Narendra Modi has won the elections resolutely...
Goods Services Tax

Close look at contractual disputes arising out of GST

By Sudipta Bhattacharjee and Kanupriya Bhargava, Advaita Legal
Tax-related disputes arise broadly out of three areas: 1) Tax authorities disagreeing with tax positions adopted by a company on legal grounds; 2)tax authorities disagreeing with tax positions adopted by a company on account...
News in brief

News in brief

CAM GETS IBC PARTNER Cyril Amarchand Mangaldas has hired Richa Roy as a partner in its insolvency and bankruptcy and policy practice in Mumbai. Roy recently worked as a graduate research fellow at the University...

Parliament in numbers

Continuing our regular coverage of India’s parliamentary sessions, Mandira Kala assesses the performance of the Lok Sabha in the past five years compared with the two previous terms The 2019 budget session of India's parliament...

LEXport partner pens comic on GST

The managing partner of LEXport, Srinivas Kotni, has released a comic book titled Adventures of the GST Man with the goal of simplifying taxation, a subject that is seen as complex and off-putting for...

India Inc slow to embrace IIoT, finds survey

Indian businesses seem to be taking a wait-and-see approach towards the adoption of industrial internet of things (IIoT), according to a recent report by Osborne Clarke. The report surveyed 40 senior executives in manufacturing,...

Are designs provided to auto-parts makers dutiable?

By Sudipta Bhattacharjee and Shashank Shekhar, Advaita Legal
Tax authorities have issued several show-cause notices (SCNs) to auto-component manufacturers (ACMs) recently, seeking to recover additional excise duty on designs or drawings provided by automobile companies to the ACMs for the production and...

NCLAT says statutory dues also operational debt

By Abhishek Dutta and Sayli Petiwale, Aureus Law Partners
The National Company Law Appellate Tribunal (NCLAT) on 20 March 2019 dismissed a batch of appeals in the matter of PR Director General of Income Tax (Admn & TPS) v Synergies Dooray Automotive Ltd...

Online aggregators need legal, regulatory clarity

By Vishruta Kaul and Amit Khansaheb, Shardul Amarchand Mangaldas & Co
Regulation of e-commerce in India, specifically the permissibility of foreign investment in the sector has been dominated by, and has evolved into, a discussion on what constitutes a marketplace. While the foreign direct investment...

Denial of pre-GST credit transition open to challenge

By Sudipta Bhattacharjee and Onkar Sharma, Advaita Legal
Section 28 of the Central Goods and Services Tax (Amendment) Act, 2018 (amendment act), has created ripples across the industry because of the insertion of explanation 3 to section 140(1), which retrospectively denies the...

Risky business

Why the failure to implement sound risk management practices can place your company in a precarious position. By Akhil Prasad Businesses have been familiar with risk management for a long time, but recent instances of...

Rising to the occasion

Priya Mehra began her career at Ajay Bahl & Co, then moved to Singapore with Jones Day, and later to Gibson Dunn & Crutcher, where she helped build the India practice. Now the general...

Deals in brief

Quad/Graphics buys Periscope American printing company Quad/Graphics acquired Minnesota-based advertising agency Periscope and its subsidiaries in Hong Kong and India in an all-cash deal reportedly worth US$132 million. Khaitan & Co was the India legal counsel to...
Sudipta Bhattacharjee, Advaita Legal

GST liability on annuities: Where does the buck stop?

By Sudipta Bhattacharjee, Advaita Legal
The Goods and Services Tax (GST) Council, in its 22nd meeting in October 2017 recommended tax exemption to “annuity paid by National Highways Authority of India (NHAI) and state authorities or state-owned development corporations...