Some Recent Tax Controversies - An International Tax Perspective

The domain of international tax has been evolving with each passing day and the action getting even more exciting.

- Adv Sherry Samuel Oommen

The Government of India with a view to addressing the challenges posed by the digital economy and ensuring that multinational enterprises pay their fair share of taxes in India introduced a levy called "Equalization Levy" vide Finance Act, 2016. The services falling within the purview of "Equalization Levy" has got radically amended over a period. Adv Sherry Samuel Oommen: This article is authored by Adv Sherry Samuel Oommen. Adv Oommen, who specializes in constitution, tax and corporate laws has also cleared the final exams of the Institute of Chartered Accountants of India, the Institute of Cost Accountants of India and the Institute of Company Secretaries of India. He has also completed his Masters Degree in Commerce, apart from obtaining a Post Graduate Diploma in Business and Corporate Laws from Symbiosis Pune. The views expressly are personal and should not be construed as a legal [e-mail].

The Government of India with a view to addressing the challenges posed by the digital economy and ensuring that multinational enterprises pay their fair share of taxes in India introduced a levy called “Equalization Levy” vide Finance Act, 2016. The services falling within the purview of “Equalization Levy” has got radically amended over a period.

With a view to avoid a possible double taxation, the Government introduced a provision namely Section 10(50) to the Income-tax Act, 1961 (“the Act”) which provides for an exemption in respect of incomes which are subjected to Equalization Levy. To add to the confusion, an explanation was inserted to Section 10(50) vide Finance Act, 2021 which essentially stated as follows: