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Ensuring Procedural Fairness in Tax Proceedings: Lessons from Administrative Inactivity
(i) Judicial Emphasis on Natural JusticeIn the matter of Shubham Steel Traders v. State of UP [2024] 160 taxmann.com 374/86 GSTL 77/104 GST 164 (Allahabad), the Allahabad High Court reaffirmed the cri...
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The Cess Conundrum: Persistent Obstacles for Indian Businesses
1. Introduction: Understanding the Concept of Cess(i) Defining Cess and Its Role in Indian TaxationA cess, in simple terms, is an extra charge levied by the government in addition to standard taxes to...
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Approach to GSTR 9 for FY 2024-25: Understanding ITC Claim, Reversal, and Reclaim
IntroductionThe Form GSTR 9 for the financial year 2024-25 introduces significant updates, particularly in the manner of disclosing input tax credit (ITC) claimed, reversed, and reclaimed. These chang...
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Significant Penalties Imposed for Non-Compliance During Private to Public Company Conversion: Lessons from M/s. Om Yash Projects Limited
Overview of the CaseThis article examines the series of regulatory breaches committed by M/s. Om Yash Projects Limited, an Ahmedabad-based entity, during its transition from a private limited company...
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Comprehensive Guide to Taxation of Virtual Digital Assets (VDAs) in India: A Detailed Analysis
In recent years, digital assets such as cryptocurrencies and Non-Fungible Tokens (NFTs) have shifted from niche interests to mainstream investment choices for Indian assessees. Understanding the intri...
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Chhattisgarh High Court: No Coercive Measures in Fake ITC Investigations When Assessees Cooperate
Background and Key Ruling(i) Overview of the Court’s DecisionThe Chhattisgarh High Court, in the matter of Harsh Wadhwani & Anr. v. Additional Director General Directorate General of GST Intelligence,...
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Emerging Legal Framework: Fractional Shares and Producer LLPs Under the Proposed Corporate Laws Amendment
Introduction to Upcoming Corporate Law ReformsThe Ministry of Corporate Affairs (MCA) is set to propose amendments to key corporate legislation in the upcoming Winter Session of Parliament. The antici...
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How the Indian Government Already Knows Your Income Before You Submit Your Income Tax Return
Introduction: The Reality of Pre-Filed Financial DataAssessees often believe that only after they file their Income Tax Return (ITR) does the Income Tax Department become aware of their income details...
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Major Income Tax Updates Introduced by the Finance Act, 2025
OverviewThe Finance Act, 2025 marks a transformative phase in India’s income tax system, focusing on greater simplicity, reduced litigation, and alignment with the nation’s evolving economic landscape...
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Key Changes in Income Tax Under the Finance Act, 2025: Enhanced Reliefs and Simplified Compliance
Introduction: Transforming Tax Relief for Individuals and MSMEsWith the passage of the Finance Act, 2025, significant reforms have been incorporated into India’s income tax framework. The legislative...
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GST Treatment of Personal, Corporate, and Bank Guarantees: A Comprehensive Analysis
1. Introduction to Guarantees in Financial TransactionsGuarantees serve as key instruments in lending and commercial dealings by providing assurance to creditors regarding the fulfillment of obligatio...
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Income Tax Act, 2025: A Contemporary Legal Framework for Taxation in India
OverviewThe Income Tax Act, 2025 ushers in a transformative era for Indian taxation, supplanting the long-standing Income Tax Act, 1961. Effective from April 1, 2026, this legislation is crafted to re...
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Key Tax Compliance Dates for December 2025: Income Tax and GST
Income Tax Obligations Under the Income Tax Act, 1961(i) Extended Return Filing Deadlines for AY 2025-26(a) Assessees, including corporates, non-corporates whose accounts are subject to audit, and par...
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Assessment of GST Based on Mobile Data and WhatsApp Chats: Legal and Evidentiary Framework
1. Overview of Digital Evidence in GST Proceedings1.1 Background and ContextIn the contemporary business landscape, digital messaging platforms like WhatsApp have become integral to commercial exchang...
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GST Considerations for Employee Recoveries and Digital Asset Leasing: An In-depth Overview
1. Introduction: Evolution of GST on Employer-Employee TransactionsThe issue of Goods and Services Tax (GST) applicability on arrangements between employers and their workforce has consistently led to...
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GSTR-9 for FY 2024-25: Comprehensive Annual Return Requirements, Optional Disclosures, and Stepwise Data Reporting under GST
HighlightsMandatory Filing Pre-requisitesTaxpayers must ensure that all GSTR-1 and GSTR-3B returns for FY 2024-25 are filed prior to submission of GSTR-9.GSTR-9 cannot be used to claim additional Inpu...
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Allahabad High Court Quashes GST Demand for Failure to Grant Mandatory Personal Hearing Under Section 75(4) of UPGST Act
HighlightsMandatory Opportunity for Personal HearingThe Allahabad High Court reaffirmed the statutory requirement that assessees must be afforded a personal hearing before any adverse order is passed...
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Arrest Under GST Now Requires Strict Adherence to BNSS Safeguards: Heightened Legal Scrutiny for Tax Evasion Offences Exceeding Rs 5 Crore
HighlightsTrigger for Arrest Under GSTReason to Believe: The power to arrest under Section 69 of the Central Goods and Services Tax Act, 2017 (CGST Act) is activated when the Commissioner has “reason...
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GST Liability on Blended Cotton Seed Cattle Feed: Insights from Andhra Pradesh AAR
Background and DisputeV.K. Industries, based in Andhra Pradesh, manufactures a range of products from cotton seeds, such as cotton seed oil cake and de-oiled cake. The company has recently introduced...
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Rethinking Section 74 and the Prevalence of Automated Adjudication in GST: The Need for Judicial Oversight
Overview of Section 74 within the GST FrameworkSection 74 versus Section 73: Legislative Intent and ScopeSection 74 of the Goods and Services Tax (GST) Acts was introduced specifically to address situ...