Revamping of ECB regulation by RBI

Introduction In an ongoing effort by the Government in liberalizing Foreign Exchange Regulations, it’s for sometime now that the RBI/Govt. has also been constantly liberalizing/rationalizing, the foreign funding by way of External Commercial Borrowing as well, placing more and more confidence on the corporate prudence. With the notification dated 16th January, 2019, the ECB[1] policy … Read more

Base Erosion Profit Shifting

Introduction: With the development of technology and globalization of businesses, Multinational enterprises (MNEs) have started designing their business operations in a way to minimize their global tax cost through making effective use of tax rules and applicable exemptions available under tax treaties. However, on the other hand, International Tax Rules have not been able to … Read more

New system of monitoring of foreign investment limits in listed Indian companies

In terms of Foreign Exchange Management (Transfer or Issue of Security by a person Resident outside India) Regulations, 2017 notified vide Notification No. FEMA 20(R)/2017-RB dated November 07, 2017 the onus of compliance with the sectoral/ statutory caps on foreign investment lies with the Indian investee company. Currently, Reserve Bank of India receives data on … Read more

Cross border merger – A reality Now

Finally in April, 2017 a new era began in India with the introduction of provisions relating to Cross border merger in the Companies Act, 2013. On 13th April 2017, Ministry of Corporate Affairs (“MCA”) notified Section 234 of the Companies Act, 2013 (“the Act”) and Companies (Compromise, Arrangements and Amalgamation) Amendment Rules, 2017 which enabled … Read more

WANT TO BE PART OF INDIA’S GROWTH STORY

India has been jumping the ranks in ease of “Doing Business”. It has jumped 30 ranks to be at number 100. It is one of the top 10 improvers and has implemented reforms in eight out of 10 doing business indicators which are tracked by world bank. Doing business indicators are not the sole determinants … Read more

Are you an Expat? Have you been Tax Equalized?

“Expatriate” or “Expat” is a person residing in a country temporarily or permanently which is different from his/her home country i.e. the country in which he/she is a resident. Usually this term is used in case of technicians and professionals sent by their companies to their associated enterprises or foreign subsidiaries. Expatriates often work in … Read more

GAAR – A paradigm shift in business decisions

Declaration of impermissible avoidance arrangement CBDT on 27th Jan 2017 has issued clarification via Circular No 7 of 2017 that the provisions of Chapter X-A of the Income Tax Act, 1961 relating to General Anti-Avoidance Rule will come into force from 1st April, 2017. GAAR stands for General Anti Avoidance Rules. It was first introduced … Read more

Interest Limitations in case of International Transactions

Introduction “Arise, awake, and stop not till the goal is reached” said by Swami Vivekanada seems to be the motto of the Indian government which is relentlessly working on bringing India at Global footing as far as the taxation laws are concerned. Along with India many other nations have joined hands to develop and strengthen the anti- tax … Read more

Transfer Pricing Methods

Due to increasing cross border transactions, Transfer pricing has become an important international tax issue affecting the MNCs. One of the most essential and contentious facets of transfer pricing provisions is to derive an accurate ALP. Section 92 of Income Tax Act lays down that any income arising from an international transaction or a specified … Read more