-
Examining Dividend Plus Significant Royalty Structures: Substance Over Labels in Indian Taxation
Introduction: The Importance of Commercial Substance in Tax LiabilityIn cross-border tax cases, the real substance of business activities often outweighs how transactions are described in legal agreem...
-
Penalties Imposed by ROC for Not Maintaining Minimum Number of Members in a Public Company: A Case Study of M/s. Kheria Autocomp Limited
Case Overviewi) Background and Key FactsThis case examines the regulatory action taken against M/s. Kheria Autocomp Limited, a public limited company based in Northkot Pura, Sanand, Gujarat. The compa...
-
Understanding Revenue Neutrality in Indian Taxation
1. Understanding Revenue Neutrality in Indian Taxationi. Fundamental Notion and Historical EvolutionRevenue neutrality is a well-established argument often raised by assessees in the context of indire...
-
Understanding the Evolving Landscape of Taxation on Gifts: Lessons from Recent Judicial Decisions
Introduction: The Changing Face of Gift TaxationThe Indian tax regime governing gifts has undergone notable changes, especially in light of recent judicial pronouncements. Traditionally, a registered...
-
Requirement of Prior Intimation under First Proviso to Section 143(1)(a): Scope and Implications
IntroductionRecent Judicial Pronouncement: The Bombay High Court, in the matter of Bax India Ventures (P.) Ltd. v. Central Processing Centre ([2026] 183 taxmann.com 395), addressed the issue of whethe...
-
Cross-Border Workforce Deployment in India: Tax Implications of Secondment and Employer of Record (EOR) Models
IntroductionForeign enterprises often aim to tap into the Indian market by deploying their personnel at early stages, sometimes even before setting up an official entity. This is a prevalent strategy...
-
Comprehensive Year-End GST Compliance Checklist: Preparing for FY 2026-27
1. IntroductionA proactive approach to GST compliance can save assessees from last-minute panics and potential legal complications. With GST regulations becoming increasingly automated and closely mon...
-
India’s Revised IPO Landscape: In-Depth Review of the Securities Contracts (Regulation) Amendment Rules, 2026
Overview of Recent Changes to IPO RegulationsThe Ministry of Finance, through a notification dated 13 March 2026, brought into effect the Securities Contracts (Regulation) Amendment Rules, 2026. This...
-
Judicial Interpretation of Public Policy in Indian Arbitration: Evolution from Broad Application to Restrained Approach
1. IntroductionThe Arbitration and Conciliation Act, 1996 (the “Act”) was designed to curtail unnecessary judicial involvement and ensure that arbitral awards are treated as final. Despite this intent...
-
Requirement to Pass an Order Under Section 129(3) of CGST Act, 2017 After Payment Under Section 129(5): Is It Still Mandatory?
OverviewSection 129 of the Central Goods and Services Tax Act, 2017 ("CGST Act") governs the detention, seizure, and subsequent release of goods and vehicles found in transit in violation of the Act’s...
-
Comprehensive Overview of Section 115BBH: Taxation of Virtual Digital Assets in India
1. Introduction to Section 115BBH and Tax on Virtual Digital AssetsSection 115BBH of the Income Tax Act, 1961, lays out the special provisions regarding taxation on income generated from the transfer...
-
Recent Developments in Reassessment, Penalty, and Block Assessment Under the Finance Bill, 2026
1. OverviewThe Income-tax Act, 2025 was enacted to streamline and modernize India’s direct tax law framework. However, further improvements continue with the Finance Bill, 2026, which introduces strat...
-
Mandatory Profession Tax Registration for GST Registered Assessees in Maharashtra: Key Provisions and Compliance Guide
IntroductionThe Maharashtra Profession Tax Department has recently ramped up efforts to identify GST-registered assessees who have not obtained mandatory registration under the Maharashtra State Tax o...
-
Reimagining Section 245: Jindal Poly Films and the Evolving Dynamics of Class Action Suits in Indian Corporate Law
Introduction: Section 245 Awakens as a Shareholder SafeguardFor years, Section 245 of the Companies Act, 2013 lingered in the background, offering robust statutory protection to minority shareholders,...
-
GST Implications on Director’s Remuneration and Rental Transactions: An Updated Analysis for 2025
OverviewDirectors in Indian companies occupy a multifaceted position, frequently acting both as company representatives and, in some cases, as employees. This dual role has led to ongoing questions re...
-
Gratuity Under the Social Security Code, 2020: Eligibility, Calculation, and Legal Framework
1. OverviewGratuity is a significant statutory benefit in India, acknowledging employees’ sustained commitment to their employers. It provides financial reassurance at the conclusion of employment, wh...
-
Key Evaluations Prior to Purchasing a Flat in a Redevelopment Project
Introduction: The Redevelopment Wave in MumbaiMumbai is currently witnessing a transformative phase, with redevelopment projects becoming the cornerstone of urban renewal. This trend is propelled by l...
-
Imposition of Significant Penalty on Company and Directors for Non-Compliance with Secretarial Audit Requirements
Background of the Case(i) Case OverviewM/s. Ardee Industries Limited, located in Mehrauli, Delhi, had outstanding bank loans totaling Rs. 105,70,50,800 during the financial year 2023-24, surpassing th...
-
Award After Expiry of Mandate under Section 29A: An Analysis of Judicial Approach and Its Practical Impact
OverviewArbitration as a Mechanism for Efficient Dispute ResolutionArbitration has proven to be a pivotal mechanism for resolving commercial disputes expeditiously, thereby reducing the burden on the...
-
Penalties Imposed by ROC for Non-Payment of Annual Debenture Interest: Analysis of the M/s. Z Estates Private Limited Order
Background and Summary of Proceedingsi. Overview of the CaseThe Registrar of Companies (ROC), Cuttack, acting as the Adjudication Officer, issued a penalty order against M/s. Z Estates Private Limited...