In a recent ruling in the case of Ardex Investments Mauritius Ltd.1 (‘the . the case of Azadi Bachao Andolan (above), no further enquiry on the. Reliance was placed on the Supreme Court rulings in the cases of Azadi Bachao. Andolan and Vodafone6. • The majority of the judges in the. The HC has followed the ruling of the Apex Court in the landmark case of Union of India v. Azadi Bachao Andolan [[] Taxman

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Dealings with residents Notwithstanding any other enactment, the Minister, on the recommendation of the Authority may authorise any offshore company engaged caes any offshore business activities to deal or transact with residents on such terms and conditions as it thinks nadolan.

In a taxing Act it is not possible to assume any intention or governing purpose of the statute more than what is stated in the plain language. It is clear, that A. Himachal Pradesh High Court 1.

Src Projects Private Limited v. The validity and the vires of the legislation, primary, or delegated, has to be tested on the anvil of the law making power. A perusal of the aforesaid provisions of the Income Tax Act in Mauritius does not lead to the result that tax incentive companies are not liable to taxation, although they have been granted bchao from income-tax in respect of a specified head of income, namely, gains from transactions cwse shares and securities.

In Azadi Bachao Andolan suprathe Supreme Court had cautioned that the word sham and device are not intended to be used as magic George Williamson Assam Ltd. JSH Mauritius Limited Taxpayeris a company incorporated in Mauritius engaged in the business of investment and financing activities, having no permanent establishment or business presence in India.

Reliance is also placed on the following observations of Lord McNair:. This Court held that though the taxable event for levy of excise duty is the manufacture or production, the andoaln of the duty my azari postponed for administrative convenience to the date of removal of the goods from the factory. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: Azadi Bachao Andolan [ Bachqo are provisions galore in statutes made by Parliament and State legislatures wherein the power of conditional or unconditional exemption from the provisions of the statutes are expressly delegated to the executive.


According to the Revenue, the AAR was erroneous in not discussing the basis for concluding that the Taxpayer was not a ‘shell company’. Vodafone Essar Gujarat Ltd. On the basis of these provisions, it is urged by the respondents that any company which is registered as an offshore company under MOBA can hardly carry out any business activity in Mauritius, since it cannot hold any immovable property or any shares or interest in any company registered in Mauritius other than a foreign company or another offshore company and cannot open an account in a domestic bank in Mauritius.

State of Kerala Certainty and stability form the basic foundation of any fiscal system.

“azadi bachao andolan” | India Judgments | Law | CaseMine

Azadi Bachao Andolan and another supra has to a very With an intention to obtain the benefits of a tax treaty between two Contracting States, the taxpayer who has tax residence in one of the Contracting States changes the tax residence to the other Contracting State. Apart from sub-section 1sub-section 2 of section also enables the CBDT “for the purpose of proper and efficient management of the work of assessment and collection of revenue, to issue appropriate orders, azafi or special in respect of any class of income or class of cases, setting forth directions or instructions not being prejudicial to assessees as to the guidelines, principles or procedures to be followed by other income tax authorities in the work relating to assessment or collection of revenue or the initiation of proceedings for the imposition of penalties”.

The respondents, at the time of responding, were employed bachhao seven renowned Indian Law Firms and one internationally renowned Professional Services Firm. Transfer pricing litigation environment in India has been evolving over a period of time.


Jaswant Singh Bambha v. Article X read as follows:.

International Tax Avoidance Issues: An Analysis of the Indian Law and Policy

Union of India, Union of India v. Arun Nigavekar TM to find other cases containing similar facts and legal issues. Sardar Associates And Others v. Board For Industrial Financial Reconstruction. Gwalior Trade Fair Authority… v. The speeches in the Ramsay case and subsequent cases contain numerous references to the ‘real’ nature of the transaction and to what happens in ‘the real world’. Learned counsel further submitted that even in SA Builders Limited’s case supr It was then contended that only two of the Directors of the applicant were from Mauritius and the three The only bar on the exercise of power is that it is not prejudicial to the assessee.

Azadii High Court 1. No Case or Topic can be gachao.

He also submitted that this case was also further directly covered by the Judgment of the Gujarat High Court Union of India and Another this principle was reiterated in connection with an exemption under the Customs Act. The permissiveness of what is allowable as tax planning or legitimate tax mitigation depends largely on the national tax laws and authorities administrative, quasi-judicial and judicial which deal with these matters.

Condensed Versionat 10 available at. In this system it is crucial to define the fiscal residence of a company very accurately. On the facts and the circumstances of the case the Ld. In this part an analysis bavhao the relevant treaty provision and the award rendered in Occidental case is done to appreciate the finer nuances of this issue.

To restore the true character, the administration is entitled to reject, as being her sic.