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Google, Facebook won't have to pay domestic tax under new IT rules

  Appointment of grievance officer does not imply permanent establishment, say officials For digital multinationals such as Google, Facebook and Twitter, appointing grievance officers under new information technology (IT) rules does not imply that they have a “permanent establishment” in India. But if their local office performs business functions and contributes to revenue of the parent firm abroad, it may attract domestic taxes, said two people in the revenue department. This has come in the wake of foreign tech companies and others seeking legal advice on the tax implications of the government’s new IT order. They are required to appoint chief compliance officer, nodal officer and grievance officer from India. These firms fear that such appointments may attract income tax anywhere between 25 per cent and 40 per cent. “Creating any physical presence in the form of a grievance officer or a nodal officer, that too in compliance to government directions, will not create any business...

WhatsApp goes to court against India’s IT rules ‘undermining privacy’

  Requiring messaging apps to trace chats is asking us to keep a fingerprint of every single message: Company. WhatsApp on Tuesday filed a legal challenge against the Indian government, protesting before the Delhi High Court new IT rules that would require messaging services to trace the origin of particular messages. “Requiring messaging apps to “trace” chats is the equivalent of asking us to keep a fingerprint of every single message sent on  WhatsApp , which would break end-to-end encryption and fundamentally undermines people’s right to privacy,” said a WhatsApp spokesperson. “We have consistently joined civil society and experts around the world in opposing requirements that would violate the privacy of our users. In the meantime, we will also continue to engage with the Government of India on practical solutions aimed at keeping people safe, including responding to valid legal requests for the information available to us,” said the spokesperson. Under the recently notifi...