Need Tally
for Clients?

Contact Us! Here

  Tally Auditor

License (Renewal)
  Tally Gold

License Renewal

  Tally Silver

License Renewal
  Tally Silver

New Licence
  Tally Gold

New Licence
 
Tally On Cloud Tally on Cloud: Ready for the Daily Backup Requirement
Keep your Tally books accessible from anywhere while supporting your Rule 46(8) obligations. With daily backups configured on servers physically located in India, Tally on Cloud helps you maintain the backup arrangement required for electronic books of account under the Income-tax Rules, 2026. Move your Tally to the cloud with confidence.
Open DEMAT Account with in 24 Hrs and start investing now!
« Top Headlines »
Open DEMAT Account in 24 hrs
 Mock Test Papers Series - I & II for Students appearing in CA Foundation January 2027 Examination.
 Income Tax Rules 2026: CBDT Introduces Revised Form 161 for Penalty Waiver, Clarifies Misreporting Categories and Taxpayer Relief
 ITR Filing and Income Tax Audit Deadline Extended: 5 Critical Things Taxpayers Must Know
 Filing Belated ITR for AY 2026-27? Know Which Losses You Can Carry Forward and Which You May Lose
 CBDT Extends Tax Audit Report Deadline to October 21, ITR Filing Last Date to November 21 for AY 2026-27
 CBDT Extends AY 2026-27 ITR Filing Deadline for Tax-Audit Cases: New Dates and Key Compliance Details
 Foreign Assets Missing From Your ITR? Income Tax Department Opens One-Time Disclosure Window
 Tax Audit Deadline September 30: Why AIS, TDS and GST Figures May Not Match Your ITR and What Taxpayers Should Do
 Tax audit deadline September 30: Common mistakes taxpayers should avoid
 Your ITR says ‘verified’, but the refund hasn’t arrived? 5 reasons why your money could be stuck
 Missed the ITR Deadline but TDS Refund Is Due? Here’s How You Can Still Claim Your Money

IT Man to focus on asset sales now
August, 15th 2008

It's not just mergers & acquisitions that have come under the tax scanner. All kinds of asset sales are now being looked at. Even if they take place offshore.

If the Income Tax Department has its way Corporate India will soon have no place left to hide.

Last year the Income Tax department slapped a notice on UK-based mobile firm Vodafone for non-payment of about USD2 billion in tax after it acquired a majority stake in Hutchison-Essar.

Though the deal was all done offshore, the Tax Department claimed taxability as the asset was Indian. But cross border mergers and acquisitions aren't the only asset transfers under the tax department's radar.

The IT Department has asked TIFC Cyprus owned by Network 18 to deduct tax on payments made to UTV Mauritius, a subsidiary of UTV India, for purchase of Distribution Rights of "Welcome."

Even though TIFC Cyprus is based in Cyprus and UTV Mauritius operates out of Mauritius and India has tax-treaties with both these countries, under the law that doesn't appear to matter.

BA Desai, Former Additional Solicitor General of India, "It lends itself to assessment. According to the law, it is the buyer who is sent notice."

But the courts aren't just deciding tax on the offshore sale of film rights - they're also being made to look at the offshore transfer of intangible assets.

Fosters - Australian for Beer. Or is it? Not if the Tax Department, has anything to say about it. The global beer giant has had to face the taxman's ire for its recent sale of the Foster's India brand and trademark to UK based SABMiller. The reason? Well, it appears as though the transfer of intellectual property, an intangible assetis also subject to tax.

According to leading corporate lawyer Satish Maneshinde, this widening of the tax net is untenable and sends out the wrong signals.

Satish Maneshinde, Senior Advocate, Bombay High Court, says, " To invite foreign capital to India and foreign companies to invest in India and then apply all these curbs which are contrary to law is like telling society and the world all over that despite whatever policies exist abroad, we Indians still rule with an iron fist and babuism will prevail."

But the taxmen hold a contrary viewpoint. An official from the IT Dept who spoke to CNBC-TV18 explained that it was these changing frontiers of Indian business that had shifted the Tax department's focus.

"The IT Act is subject to various interpretations - the nature of economic activity is such that it does not lend itself to standard behaviour. The Act tries to take into account the economic activities of each person and it is a huge and controversial thing. Under the same Act we have so many varied interpretations and each asset transfer is a separate case. Wherever there is profit there is tax," he said.

With opinions widely divided on both sides of the debate and the Income Tax Department hungry to set legal precedents, future transactions can only become even more confusing for corporate India.

Home | About Us | Terms and Conditions | Contact Us
Copyright 2026 CAinINDIA All Right Reserved.
Designed and Developed by Ritz Consulting