NISHITH.TV
  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York

Locations

  • Mumbai
  • Silicon Valley
  • Bengaluru
  • Singapore
  • Mumbai BKC
  • New Delhi
  • Munich
  • New York
  • Content
  • Home
  • ABOUT US
  • NDA in the Media
  • Areas of Service
  • Research and Articles
  • Opportunities
  • Contact
  • NDACloud
  • Client Access
  • Member Access
  • Events and Calender
  • How we perform
  • Knowledge anywhere, anytime
  • See our recent deals
  • Up to date legal developments
  • Case studies in M&A

Research and Articles

HTMLPDF

  • Research at NDA
  • Research Papers
  • Research Articles
  • NDA Think Tanks
  • NDA Hotline
  • New Ali Gunjan
  • Japan Desk ジャパンデスク

NDA-Hotline


  • Capital Markets Hotline
  • Companies Act Series
  • Climate Change Related Legal Issues
  • Competition Law Hotline
  • Corpsec Hotline
  • Court Corner
  • Cross Examination
  • Deal Destination
  • Debt Funding in India Series
  • Dispute Resolution Hotline
  • Education Sector Hotline
  • FEMA Hotline
  • Financial Service Update
  • Food & Beverages Hotline
  • Funds Hotline
  • Gaming Law Wrap
  • GIFT City Express
  • Green Hotline
  • HR Law Hotline
  • iCe Hotline
  • Insolvency and Bankruptcy Hotline
  • International Trade Hotlines
  • Investment Funds: Monthly Digest
  • IP Hotline
  • IP Lab
  • Legal Update
  • Lit Corner
  • M&A Disputes Series
  • M&A Hotline
  • M&A Interactive
  • Media Hotline
  • New Publication
  • Other Hotline
  • Pharma & Healthcare Update
  • Private Client Wrap
  • Private Debt Hotline
  • Private Equity Corner
  • Real Estate Update
  • Realty Check
  • Regulatory Digest
  • Regulatory Hotline
  • Renewable Corner
  • SEZ Hotline
  • Social Sector Hotline
  • Tax Hotline
  • Technology & Tax Series
  • Technology Law Analysis
  • Telecom Hotline
  • The Startups Series
  • White Collar and Investigations Practice
  • Yes, Governance Matters.
  • Japan Desk ジャパンデスク

Tax Hotline

October 1, 2002

Government of India files SLP against Delhi High Court Order

After much speculation over when the Government of India (“GOI”) would appeal against the Delhi High Court (“Delhi HC”) order dated May 31, 2002; the GOI has finally gone ahead and filed the Special Leave Petition (“SLP”) before the Apex Court of India. The SLP has been filed jointly by the GOI and Central Board of Direct Taxes (“CBDT”), both being the respondents in the Delhi HC writ petitions.

The Delhi HC, in the aforementioned ruling had quashed Circular 789, dated April 13, 2000 which clarified that Certificate of Residence issued by Mauritius tax authorities would constitute sufficient proof of residence as well as beneficial ownership of a Mauritius entity. The Delhi HC ruled that the Circular was bad in law and also obiter stated that the Indian Income Tax Authorities (“IT Authorities”) could re-open assessments of Mauritius based Foreign Institutional Investors (“FIIs”) as may be open to them under the Indian Income Tax law.

If the SLP is admitted and the application for stay of the Delhi HC order is accepted, then the Delhi HC order would be put on stay and consequently IT Authorities would be prevented from re-opening any assessments until the final adjudication of the SLP by the Supreme Court of India. However, if the SLP is rejected, then the Delhi HC order would become final.

 
 

Source: The Economic Times, October 1, 2002

Mission and Vision


Distinctly Different

What's New


Time for Evolution of Sport Adjudication in India
New Publication: May 29,2023
Time for Evolution of Sport Adjudication in India
Research Papers : May 29,2023

Events


Webinars

Generative Artificial Intelligence: Legal, Ethical and Policy Implications
June 01,2023 - June 01,2023

Seminar

Winning Together: Exploring the dynamics of India-Singapore relations for Fund Structuring and Deal Making
April 26,2023 - April 26,2023

This event is over. For event material please click here


Round Table

Investing In Net Zero
July 22,2022 - July 22,2022

This event is over. For event material please click here

News Roundup


News Articles

Naked Licensing in Trademarks
April 14,2023

Quotes

AI holds massive potential for malicious use, but who will be held accountable?
May 25,2023

Newsletters


New Publication

Time for Evolution of Sport Adjudication in India
May 29,2023

New Publication

Sovereign Wealth Funds & Pension Funds-Investments into India
May 26,2023

Regulatory Hotline

SEBI Directs Designated Depository Participants to Identify 'Legal Entities' for Foreign Portfolio Investors
May 23,2023

  • Disclaimer
  • Content
  • Feedback
  • Walkthrough
  • Subscribe
Nishith Desai Associates@2016 All rights reserved.