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Distinguishing Section 89 and Section 90 under the Companies Act, 2013: A Comparative Overview
IntroductionSections 89 and 90 of the Companies Act, 2013 outline distinct disclosure requirements relating to shareholding in Indian companies. While both provisions promote transparency, their focus...
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Resolving Mobile Number Errors in DIN Records: A Guide for Directors and Company Secretaries
Introduction: The Significance of Accurate DIN InformationEvery individual appointed as a director in an Indian company must possess a valid Director Identification Number (DIN), as mandated by the Co...
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Understanding Scrutiny Notices Under Section 143(2) of the Income Tax Act: A Comprehensive Guide for Assessees
OverviewSection 143(2) notices are being issued by the Income Tax Department as part of the scrutiny process for Assessment Year (AY) 2024–25. If you, as an assessee, have received this notice, it is...
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Determining Non-Resident Status: Insights from the Mahadevan Case and Practical Guidance
Introduction to Non-Resident Status under Indian Tax LawIndian tax statutes, specifically Section 6(1)(c) of the Income Tax Act, 1961, lay out the criteria for classifying an individual as a ‘non-resi...
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Delhi ITAT: Essar Com Considered Non-Resident—POEM in Mauritius, Exemption on Capital Gains Under India-Mauritius DTAA
1. Introduction and Case Background(i) Overview of the RulingThe Delhi Income Tax Appellate Tribunal (ITAT) delivered a significant decision regarding the tax residency status of Essar Com, a Mauritiu...
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Supreme Court Bars Retrospective IGST on Aircraft Repairs Conducted Abroad: Implications for Indian Airlines
Overview of Supreme Court’s Verdict on IGST for Aircraft Repairs OverseasOn July 14, 2025, the Supreme Court of India delivered a crucial judgment dismissing the customs department's appeal which soug...
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Income Tax Department’s Pre-Diwali Drive: Crackdown on Fraudulent Deduction Claims
Overview of the Recent Income Tax Raids(i) Nationwide Operation to Curb False Deduction Claims(a) In a significant step towards promoting tax compliance, the Income Tax Department recently conducted a...
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Essential Regulatory Checklist for Setting Up a Foreign Subsidiary in India
Foreign entities intending to establish a private limited company as a subsidiary in India are required to meet several statutory and procedural obligations under Indian law. This article outlines the...
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Comprehensive Summary and Updated Compilation of GST Reverse Charge Mechanism (RCM) Notifications (July 2017 – July 2025)
Overview of RCM Provisions in GSTi. Introduction and Legislative BackgroundSince the inception of the Goods and Services Tax (GST) regime on 1st July 2017, the Reverse Charge Mechanism (RCM) has evolv...
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Validity of WhatsApp Notices under GST: A Legal Review
Overview and ContextReceiving Notices via Informal ChannelsA recent query from a client highlighted an emerging issue: a GST officer demanded an immediate response regarding Input Tax Credit (ITC) rev...
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Validity of Notice Served via Registered Email: Key Ruling from Allahabad High Court
IntroductionThe Allahabad High Court, in the matter of D.R. Hotels Pvt. Ltd. v. Deputy Commissioner, Sector 20, State GST, Lucknow, has clarified that serving statutory notices through a registered em...
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Gujarat High Court: No Penalty on Zero-Rated Exports for E-way Bill Expiry
Overview of the JudgmentThe Gujarat High Court, in the matter of Marcowagon Retail (P.) Ltd. v. Union of India (R/Special Civil Application Nos. 2234 & 2236/2025), determined that imposing a penalty s...
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Understanding Late Fees on GST Return Filings: Calculation, Penalties, and Consequences
Introduction to Late Fees Under the GST FrameworkThe Goods and Services Tax (GST) regime in India was established to create a unified, streamlined system for the taxation of goods and services. One of...
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Overview of Section 185 of the Companies Act, 2013: Regulation of Loans to Directors and Related Entities
Introduction to Section 185Section 185 of the Companies Act, 2013, together with the relevant rules, provides a stringent regulatory framework on the manner in which companies can extend loans, guaran...
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Section 8 Companies: Overview and Stepwise Formation Process
Introduction to Section 8 Companies(i) Definition and PurposeA Section 8 Company, as defined under the Companies Act, 2013, is a special type of company formed with the primary goal of promoting chari...
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Ensuring TDS/TCS Compliance: Typical Pitfalls and Their Ramifications
1. Introduction: The Imperative of TDS/TCS ComplianceTax Deducted at Source (TDS) and Tax Collected at Source (TCS) are integral components of India’s tax system, ensuring a steady inflow of revenue t...
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A Guide to Tax Audit Under Section 44AB of the Income-tax Act, 1961: Practical Insights for Audit Professionals
1. Introduction to Tax Audit: Legal FoundationLegal Basis for Tax Audit ObligationsSection 44AB of the Income-tax Act, 1961, sets the framework for mandatory tax audits for certain categories of asses...
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Why Filing Your Own Tax Returns May Result in Expensive Errors
Introduction: The Risks of DIY Tax ComplianceIn popular cinema, it's not uncommon to witness a protagonist removing a bullet from their own body with basic tools, surviving against all odds. While thi...
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Interest on Delayed Deduction of TDS: Provisions, Computation, and Key Points
Overview of Interest on Late TDS Deductioni) Responsibility for Timely TDS Deduction(a) As per the Income Tax Act, assessees are required to deduct Tax Deducted at Source (TDS) by the stipulated deadl...
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The Illusion of Registration: Supreme Court’s Perspective on Title and Ownership of Property in India
Introduction: The Evolving Landscape of Property RightsThe Supreme Court’s recent decision in K. Gopi v. State & Ors. (delivered June 7, 2025) brings to the forefront the ongoing complexities in deter...