Tiger Global suffers from constitutional in/irmities: Response to the ASG

Parties Involved

Facts Summary

The case revolves around Tiger Global's application for an advance ruling, which was declined by the Authority for Advance Rulings on the grounds that the transaction was prima facie designed for the avoidance of income-tax. The central issue before the Supreme Court was whether the authority was correct in declining the application for an advance ruling by characterizing the transaction as an impermissible avoidance arrangement. The case raises significant questions about the interpretation of tax treaties, the application of General Anti Avoidance Rules (GAAR), and the procedural due process in tax matters.…

Legal Issues

• 1. Whether the Supreme Court exceeded the limits of what was argued before the court in its judgment.
• 2. Whether the Supreme Court overstepped its constitutional prerogative by engaging in policy discussions and making recommendations to the executive.
• 3. Whether the Supreme Court misinterpreted sovereignty as belligerence in its engagement at multilateral and bilateral fora.
• 4. Whether the opinion of the court overrules binding precedent without constituting a larger bench.
• 5. Whether the Supreme Court ignored the due procedure established by law in characterizing the transaction as an ‘impermissible avoidance agreement’.

Precedents Relied Upon