India: Tax

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Article
Faster To Arbitration, Still Shut Out On Tax: What India's New Investment Treaties Mean For Foreign Investors
In December 2020, an arbitral tribunal ordered India to pay Cairn Energy about USD 1.2 billion, plus interest and costs, for a tax demand raised under a retrospective amendment. Three months earlier, Vodafone had won a similar case. Both claims succeeded because the investment treaties under which they were brought did not exclude tax. Under the treaties India signs today, neither claim could have been brought at all.
India Tax
LP
Legitpro Law
Article
GST Council’s 57th Meeting: Recommendations To Facilitate The Export Of Services And Their Implications For Businesses With Overseas Branches
The GST Council, at its 57th meeting held on 8 October 2026, recommended a package of measures intended to facilitate the export of services from India. For enterprises that deliver services through overseas branches, the most consequential recommendation is the proposed removal of the restriction under which a supply between an Indian establishment and its own foreign branch could not qualify as an “export of services”. The Council has also recommended system-based processing of refunds and a wider eligibility for refund of accumulated input tax credit (“ITC”), both of which bear directly on working capital.
India Tax
LP
Legitpro Law
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Article
Faster To Arbitration, Still Shut Out On Tax: What India's New Investment Treaties Mean For Foreign Investors
In December 2020, an arbitral tribunal ordered India to pay Cairn Energy about USD 1.2 billion, plus interest and costs, for a tax demand raised under a retrospective amendment. Three months earlier, Vodafone had won a similar case. Both claims succeeded because the investment treaties under which they were brought did not exclude tax. Under the treaties India signs today, neither claim could have been brought at all.
India Tax
LP
Legitpro Law
Article
From Linklaters To Paul Wurth: The Changing Contours Of The Force Of Attraction Rule In Tax Treaties
The Delhi Tribunal's recent ruling in Paul Wurth Italia has reshaped the application of the force of attraction rule under tax treaties, emphasizing that a permanent establishment's mere existence cannot justify taxation of all source-country profits. This decision marks a critical shift toward requiring demonstrable factual and functional nexus between the PE and disputed income, signaling a more restrained interpretation of this contested principle in international taxation.
India Tax
LS
Lakshmikumaran & Sridharan
See more
Article
Faster To Arbitration, Still Shut Out On Tax: What India's New Investment Treaties Mean For Foreign Investors
In December 2020, an arbitral tribunal ordered India to pay Cairn Energy about USD 1.2 billion, plus interest and costs, for a tax demand raised under a retrospective amendment. Three months earlier, Vodafone had won a similar case. Both claims succeeded because the investment treaties under which they were brought did not exclude tax. Under the treaties India signs today, neither claim could have been brought at all.
India Tax
LP
Legitpro Law
See more
Article
Unlocking Indian Transfer Pricing Safe Harbour Regime
Aurtus provides comprehensive tax and advisory services spanning direct tax, indirect tax, and international tax matters. Their expertise includes transaction structuring, M&A assistance, IPO advisory, GST compliance, transfer pricing, and specialized services for family offices and GIFT IFSC setups. The firm offers end-to-end solutions for corporate tax planning, dispute resolution, and regulatory compliance across domestic and cross-border transactions.
India Tax
AC
Aurtus Consulting LLP
Article
From Linklaters To Paul Wurth: The Changing Contours Of The Force Of Attraction Rule In Tax Treaties
The Delhi Tribunal's recent ruling in Paul Wurth Italia has reshaped the application of the force of attraction rule under tax treaties, emphasizing that a permanent establishment's mere existence cannot justify taxation of all source-country profits. This decision marks a critical shift toward requiring demonstrable factual and functional nexus between the PE and disputed income, signaling a more restrained interpretation of this contested principle in international taxation.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Cross-Border Transactions Vis-à-vis Transfer Pricing And Double Taxation
The intricacies of cross-border transactions could overwhelm, as the process has to be planned from the perspective of transfer pricing and double taxation. Imagine a business group operating with two associated group companies-one each operating Overseas and in India. While the overseas firm searches prospects, finalizes clients, and secures orders, the Indian arm offers software, technical, and operational support. Despite running separate operations, both companies are owned by the same promoters who own and run both businesses. From a business standpoint, this setup works quite well.
India Tax
Foresight Law Offices
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Article
Unlocking Indian Transfer Pricing Safe Harbour Regime
Aurtus provides comprehensive tax and advisory services spanning direct tax, indirect tax, and international tax matters. Their expertise includes transaction structuring, M&A assistance, IPO advisory, GST compliance, transfer pricing, and specialized services for family offices and GIFT IFSC setups. The firm offers end-to-end solutions for corporate tax planning, dispute resolution, and regulatory compliance across domestic and cross-border transactions.
India Tax
AC
Aurtus Consulting LLP
Article
From Linklaters To Paul Wurth: The Changing Contours Of The Force Of Attraction Rule In Tax Treaties
The Delhi Tribunal's recent ruling in Paul Wurth Italia has reshaped the application of the force of attraction rule under tax treaties, emphasizing that a permanent establishment's mere existence cannot justify taxation of all source-country profits. This decision marks a critical shift toward requiring demonstrable factual and functional nexus between the PE and disputed income, signaling a more restrained interpretation of this contested principle in international taxation.
India Tax
LS
Lakshmikumaran & Sridharan
See more