-
Taxability Is Only Half the Battle: Limitation Can Defeat Recovery
The ruling of the CESTAT, Chennai, in Valmet Technologies Engineering Pvt. Ltd. v. Commissioner of GST & Central Excise, Chennai, 2026-VIL-1196-CESTAT-CHE-ST, is significant not merely because it deal...
-
A Proposed Appeal Is Not a Pending Proceeding: Orissa High Court Limits Use of Section 54(11) to Block GST Refunds
The Orissa High Court’s ruling in Rashmi Agency v. Deputy Commissioner CT & GST, 2026-VIL-642-ORI is an important reminder that GST refunds cannot be withheld merely because the department may, at som...
-
Separate Medicine Lines in a Hospital Bill Do Not, by Themselves, Convert Inpatient Care into a Taxable Drug Sale
1. Why the Narayana Hrudayalaya GST dispute is importantThe interim order of the Calcutta High Court in M/s Narayana Hrudayalaya Limited v. The Joint Commissioner of State Tax, Large Taxpayer Unit and...
-
GST Paid in the Wrong Basket and Transitional Credit Refunds: Two Recent Controversies
Two recent High Court rulings highlight recurring problem areas under GST: first, what happens when tax is paid under the wrong head, and secondly, whether credit carried forward from the pre-GST regi...
-
Procedural Safeguards in GST Recovery: Two Recent Reminders from High Courts
Recent GST litigation once again shows that the Department’s power to recover tax is not merely a matter of identifying a demand or a mismatch. Even where the statute permits recovery without a full a...
-
Mandatory Pre-deposit in Penalty-only GST Appeals: Does It Apply to Older Orders?
1. The new controversy before the GST Appellate TribunalA separate but equally important issue has arisen before the GST Appellate Tribunal: where an appeal relates only to penalty, can the newly intr...
-
When Is a GST Order “Issued” — On Signature, Dispatch, Upload, or Service?
1. Limitation under Section 73 and the meaning of “issue”A recurring question under GST is whether an adjudication order is within limitation if it is signed before the deadline but uploaded or commun...
-
Section 74 GST Notices: Extended Limitation Must Rest on a Visible Legal Trail
The Madras High Court, in M/s Fastenex Private Limited v. State Tax Officer and connected matters, 2026-VIL-629-MAD, decided on 08.06.2026, has delivered an important ruling on the boundaries of proce...
-
Can GSTR-3B ITC Be Hard-Locked Without a Statutory Key?
The proposed move to hard-lock input tax credit figures in GSTR-3B has triggered a serious legal and practical debate. The broad idea appears simple: the recipient should not be able to claim ITC beyo...
-
GST Notices, Portal Uploads and the Legal Meaning of “Communication”
The GST framework is built around electronic compliance. Registration, returns, tax payment, e-way bills and several other functions are expected to move through the GST common portal. However, a lega...
-
Token ID mechanism for GSTAT appeals: practical relief with a limitation-law concern
The Goods and Services Tax Appellate Tribunal is now operational, and taxpayers finally have a specialised appellate forum for contesting orders passed by the First Appellate Authority or by a Revisio...
-
GSTAT Hyderabad to Consider Whether 10% Pre-Deposit Applies to Penalty-Only Orders Passed Before October 1, 2025
The GST Appellate Tribunal, Hyderabad Bench, in Hero Wiretex Limited v. Commissioner (Appeals), Hyderabad Zone & Ors. [2026-VIL-39-GSTAT-HYD], has issued notice to the Revenue in a matter concerning t...
-
Tax Assessment Must Be Evidence-Based: Guesswork Cannot Justify an Addition or a Remand
1. Assessment is a determination, not a speculationAn income-tax assessment is not meant to be an exercise in approximation without foundation. Once an assessment is completed, it determines the tax l...
-
Section 234B Interest in Updated Returns: Should CPC Charge It Beyond the Date of Tax Payment?
1. The issue in briefThe updated return facility was brought into the Income-tax Act to give taxpayers an opportunity to voluntarily report income that was omitted or incorrectly disclosed earlier. A...
-
Section 271AAE and Related-Party Benefits in Charitable Trusts: Tax, Penalty and the 85% Application Risk
1. Why Section 271AAE MattersThe compliance environment for charitable and religious trusts registered under the Income-tax Act, 1961 has become far more rigorous in recent years. A major shift came t...
-
CCPS and CCDs in India: Companies Act, Ind AS, FEMA and Income-tax Analysis
1. Why convertible instruments matterConvertible securities are widely used in private equity, venture capital, strategic investment, acquisition financing and structured funding transactions. They al...
-
Understanding CCD Issuance and Valuation Requirements: Common Missteps by Founders
IntroductionCompulsorily Convertible Debentures (CCDs) have increasingly become the preferred instrument for early-stage fundraising and interim financing in India. Since late 2022, market volatility...
-
Re-examining Auditor Independence: Lessons from Australia’s Proposed Audit Reforms for India
Introduction: International Audit Reforms and India’s ExperienceAustralia is currently revisiting the structure and governance of its largest accountancy firms in light of recent whistleblower allegat...
-
Using GST Information as an Audit Intelligence Tool in Statutory Audits
GST data is no longer merely a tax-compliance record. For statutory auditors, CFOs, finance teams and audit professionals, it has become a valuable source of business intelligence. Properly analysed,...
-
Allowances under the Income-tax Act, 2025—A Shift in Exemptions and Emerging Issues
Introduction: Evolution of Allowance Provisions in Indian Income Tax LawThe framework governing exemptions for certain employee allowances has undergone significant changes with the introduction of th...