Decoding Section 138 and IBC – IndiaCorpLaw

Form vs. Function in Indian Tax Law – IndiaCorpLaw

[Shravan Anande is a fourth-year B.A., LL.B. (Hons.) student  and Hari Priya Murarikar is a third-year B.A., LL.B. (Hons.) student, both at NALSAR University of Law, Hyderabad] In a significant judgment with wide-ranging implications for international taxation, the Supreme Court of India in Hyatt International (Southwest Asia) Ltd. v. Additional Director of Income Tax has affirmed the existence of a permanent establishment (PE)…

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Decoding Section 138 and IBC – IndiaCorpLaw

A Substance Over Form Imperative for SEBI – IndiaCorpLaw

[Mustafa Rajkotwala and Shamik Datta are lawyers based in Mumbai] Tracker shares and total return swaps (“Three”) are sophisticated financial instruments that allow foreign investors to synthetically replicate exposure to Indian equity markets. These instruments have gained prominence as alternatives to traditional participatory notes (“P-notes”), offering similar economic outcomes while circumventing scrutiny under SEBI’s offshore derivative instruments (“ODI”)…

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