Vidushi Maheshwari

Partner

Qualifications

LLM, O.P. Jindal Global University., CS,Institute of Company Secretaries of India, LLB, ILS Law College, Pune University

Memberships

Bar Council of Maharashtra and Goa

About

Vidushi is a part of the Tax practice group at Acuity Law with a specialization in Direct Tax Advisory and Litigation. Vidushi has over 15 years of experience in advising clients on a variety of domestic and international tax issues including creation of permanent establishment and indirect transfers, treaty interpretation, fund taxation, structuring of inbound investments and entry and exit strategies. Vidushi has also been involved in assisting clients in direct tax litigation at various forums.

Vidushi has previously worked with Economic Laws Practice, Advocates & Solicitors.

Vidushi has led and assisted multinational corporate clients across varied industries in:

  • Tax structuring assignments, including entry and exit strategy, jurisdiction analysis, agreement review, and instrument analysis from an income-tax perspective.
  • Advising private equity offshore Funds and Alternate Investment Funds on their tax implications and drafting the tax chapter in the Private Placement Memorandum.
  • Matters relating to indirect transfers, permanent establishment, development agreements, association of persons analysis, trust taxation, family settlement, withholding tax, scientific research and development, ESOP expenses, capital or revenue expenditure.
  • Litigation matters, including briefings of Senior Counsel, assistance in appearance before High Court/ Tribunal, drafting and appearance.

Articles

May 17, 2024

Regulatory Update: Second Amendment to Alternative Investment Fund Regulations

Recently, the Securities and Exchange Board of India (SEBI) has notified the SEBI (Alternative Investment Funds) (Second Amendment) Regulations, 2024 (AIF Second Amendment Regulations), amending the SEBI (Alternative Investment Funds) Regulations, 2012 (AIF Regulations). The amendments aims to provide: (a) ease of doing business and flexibility to category I and II alternative investment funds (AIFs) […]

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April 19, 2024

Sale consideration deposited in Escrow Account – Event of Taxability

Corporate transactions and their related intricacies have always been a subject of frequent discussions in the corporate world. With changing commercials globally, there is an innovation in the commercial terms being agreed between the parties. With growing regulatory concerns and rise in tax claims with no certainty, a need arises to protect the interest of […]

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April 9, 2024

Compulsorily Convertible Debentures: Whether debt or equity?

Compulsorily Convertible Debentures (CCDs), a hybrid instrument, has gained prominence in the last two decades. However, its classification as equity or debt has been the subject of discussions, mainly due to conflicting perspectives under different laws. This initial divergence surfaced from the framework of guidelines under the Foreign Exchange Management Act, 1999 (FEMA), which deemed […]

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April 2, 2024

No virtual service permanent establishment in India in the absence of a specific provision 

The advent of the Digital economy has led to the introduction of various taxation issues. One such issue being creation of a virtual permanent establishment (PE) in a country, where the services are rendered without having any physical presence. The Income Tax Appellate Tribunal, Delhi (Tribunal), recently has dealt with the issue of creation of […]

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March 12, 2024

Withholding tax obligation on telecom companies – welcome relief by Hon’ble Supreme Court

Obligation (in the hands of telecom companies) to withhold taxes under Section 194H of the Income-tax Act, 1961 (IT Act) on discounts given to SIM card distributors has been a matter of long drawn dispute. Conflicting rulings have been pronounced by different High Courts and the issue has now attained finality by the judgment of […]

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January 17, 2024

Share capital money – whether revenue or capital receipt?

A long-standing debate that continues to hold its ground even today is whether investment in a company’s shares can be construed as income and thus liable to tax in the hands of the investee company? Ideally, investment in shares of a company is a capital account transaction and thus, is a capital receipt, which is […]

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December 27, 2023

Indirect Transfers – Evolution of Law & Recent Dicta

Indirect transfer controversy has been the most discussed issue in the Indian tax ecosystem. It began when Vodafone International Holdings Ltd acquired an indirect holding in an Indian entity, to the recent ruling of the Hon’ble High Court of Delhi in Augustus Capital Pte Ltdᶦ (dealing with small investor exemption). The controversy has spanned for over […]

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December 13, 2023

“Most Favored Nation” clause – Important ruling of the Hon’ble Supreme Court of India

The Hon’ble Supreme Court of India (Apex Court) has recently pronounced a landmark ruling[ᶦ]  on treaty interpretation with a specific reference to Most Favored Nation (MFN) clause contained in various Double Taxation Avoidance Agreements (DTAA) entered by India with Organization for Economic Cooperation and Development (OECD) member countries. The Apex Court ruled that a Notification under […]

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