-
Analysis of Penalty Applicability under Section 73(11) of the CGST Act, 2017 When GSTR-3B Is Filed Before SCN
OverviewSection 73 of the Central Goods and Services Tax Act, 2017 (CGST Act) outlines procedures for the “assessment and recovery” of taxes that have not been paid, short-paid, erroneously refunded,...
-
Doctrine of Substantive Compliance in GST: Concessional Rates and Input Tax Credit Reversal
OverviewThe Madras High Court’s decision in GU Shipping India Pvt Ltd. v. Assistant Commissioner of CGST and Central Excise, Chennai South Commissionerate (W.P. No. 13829 of 2025, dated 27-2-2025), br...
-
Comprehensive Guide to GST Refund Calculation under Rule 89(4) and Rule 89(5): Zero-Rated Supplies Versus Inverted Duty Structure
OverviewThe Goods and Services Tax (GST) framework in India enables assessees to claim refunds of unutilized Input Tax Credit (ITC) under specific circumstances, primarily regulated by Rule 89(4) and...
-
GAAR Grandfathering: Substantive Safeguard or Ongoing Ambiguity?
IntroductionIt is a truism that death and taxes are inevitable, yet certainty in tax law is often elusive. As Financial Year 2025–26 concludes, recent actions by the Ministry of Finance illustrate tha...
-
Estimated Income Schemes for Resident Assessees under the Income Tax Act, 2025
1. Overview of Estimated Income Provisions (Section 58)Section 58 of the Income Tax Act, 2025 introduces a simplified income computation mechanism, termed as the Estimated Income Scheme, which overrid...
-
How the Income-tax Act, 2025 Subtly Overrides the Supreme Court’s V.S. Dempo Judgment
Background and Purpose of the New LawThe Income-tax Act, 2025 (“the new Act”), effective from April 1, 2026, has been introduced as an attempt to simplify and unify existing tax provisions. However, a...
-
Major Changes in Defective Return Provisions: Introduction of Section 263(7) and Rule 166
Background: Shift in the Law Regarding Defective Returnsi) Supreme Court’s Earlier ViewPreviously, the Supreme Court in Mangalam Publications v. CIT ([2024] 158 taxmann.com 564; [2024] 297 Taxman 537;...
-
Meal Benefits Under the Revised Tax Framework – Tax Year 2026-27: The Impact of Rule 15(5)(a) of Income Tax Rules 2026
1. Introduction: Major Overhaul in Meal Perquisite TaxationFrom April 1, 2026, India’s direct tax landscape has undergone a significant transformation following the enactment of the Income Tax Act 202...
-
A Practical Overview of TDS & TCS under the Income-tax Act, 2025
Overview – Key Transformations in TDS & TCS RegimeThe provisions governing Tax Deducted at Source (TDS) and Tax Collected at Source (TCS) in the revamped Income-tax Act, 2025, represent more than a me...
-
Taxation of Private Trusts under the Income-tax Act, 2025: A Succession Planning Overview
OverviewPrivate or family trusts have increasingly become central to succession planning strategies, particularly among business families and affluent individuals in India. While their formation and f...
-
Tax Incentives for the Data Centre Sector in India: Insights from the Union Budget 2026-27
Introduction: Strategic Tax Reforms for Data CentresThe Indian Union Budget for the financial year 2026-27 has rolled out a series of targeted tax benefits, notably a tax holiday extending up to 2047...
-
Navigating First Appeals in India’s New Tax Regime: Strategic Considerations between DRP and CIT(A)
IntroductionThe revised Income-tax Act in India maintains two distinct avenues for initial appellate review: objections before the Dispute Resolution Panel (DRP) and appeals to the Commissioner of Inc...
-
A Comprehensive Overview of Related Party Payments by Charitable Institutions under Indian Income Tax Law: From the Income-tax Act, 1961 to the Income-tax Act, 2025
Introduction: Challenging the Myths of Tax Exemption for Charitable TrustsCharitable and religious organizations in India often mistakenly believe that once they secure tax exemption under Sections 11...
-
Protection of Spouses’ Assets from Company Tax Recovery
1. Introduction: Protection of Spouses’ Assets from Company Tax RecoveryThe Indian Income Tax Act provides mechanisms for recovering dues from directors of private companies when the company itself fa...
-
Raising Chapter VI-A Claims for the First Time in Appeal: An Analysis of Section 80A(5) and Its Evolving Jurisprudence
IntroductionIn the realm of Indian income tax, availing deductions under Chapter VI-A plays a pivotal role in tax optimization. However, it is not uncommon for assessees to unintentionally omit these...
-
GST on Intermediary Services: Major Overhaul by the Finance Act, 2026
Background: Longstanding Controversy Over Place of Supply for Intermediaries(i) Overview of the Legal IssueSince the rollout of the Goods and Services Tax (GST) regime, the determination of the 'place...
-
Input Service Distributor (ISD) under GST: Bridging Legal Framework and Practical Implementation
1. Introduction: Evolution and Current Status of ISD under GSTThe Input Service Distributor (ISD) mechanism, which originated under the former Service Tax regime, has seen considerable changes with th...
-
Uniformity in Tax Law, Disparity in Practice: Examining the Impact of Tata Play v. Union of India on GST Limitation Periods
Overview of Limitation Principles in Tax StatutesThe Foundation of Limitation LawsThe principle of limitation, rooted in the Latin maxim Interest reipublicae ut sit finis litium (“it is in the public...
-
Rethinking ESOP Taxation and TDS Challenges in India: An Urgent Need for Reform
1. OverviewEmployee Stock Option Plans (ESOPs) have become a central feature in incentivizing and retaining skilled personnel, especially within India’s fast-growing start-up and technology sectors. D...
-
Reevaluating the Appellate Mechanism for Benami Property Cases
1. Introduction: Reevaluating the Appellate Mechanism for Benami Property CasesIndia’s tribunal structure has undergone significant transformations, driven by the aim to achieve greater specialization...