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Reverse Charge Mechanism on Commercial Property Rentals from Unregistered Persons: An In-Depth Analysis of the 2024 GST Amendment
Overview: The Paradigm Shift in GST on Commercial RentalsThe GST Council’s Notification No. 09/2024 – Central Tax (Rate), implemented from October 10, 2024, has significantly altered the taxation land...
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Prohibition of Simultaneous GST Proceedings: Analysis of Delhi High Court Decision
IntroductionThe Delhi High Court recently clarified the legal position on whether both Central and State GST authorities can initiate concurrent proceedings on the same subject matter. This was establ...
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Kerala High Court: Correction Required When GST Department Issues Conflicting Orders
Background and Legal Context(i) Overview of the CaseIn the matter of Winter Wood Designers & Contractors India (P.) Ltd. versus State Tax Officer, the Kerala High Court addressed whether rectification...
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Board Resolution for Application to Strike Off Company Name from Registrar of Companies
IntroductionThis article provides a restructured and rephrased draft of a certified true copy of a board resolution passed by the Board of Directors. The resolution relates to the application under Se...
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Overview of Commencement of Business Requirements under the Companies Act, 2013
Evolution of Commencement of Business Provisions(i) Initial Framework under the Companies Act, 1956The concept of obtaining a Certificate of Commencement of Business (COB) was first introduced through...
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Corporate Social Responsibility (CSR) : Gaps and Insights
Corporate Social Responsibility (CSR): Gaps and InsightsIntroduction to CSR in the Indian Context(i) CSR, as stipulated under Section 135 of the Companies Act, 2013, represents a paradigm shift in Ind...
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Managing Inadvertent Record Rejections in the Invoice Management System
1. Recovery of Input Tax Credit for Erroneously Rejected Invoice Documents(i) Procedural Framework for ITC RecoveryWhen assessees inadvertently reject valid invoices, debit notes, or ECO-documents thr...
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Hierarchical Framework for Administrative Review of Common Adjudicating Authority Orders under DGGI Proceedings
1. Background and Regulatory FrameworkThe Central Board of Indirect Taxes and Customs (CBIC) has established a comprehensive framework for handling administrative matters concerning orders passed by C...
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Circular No. 07/2025: Extension of Processing Timeline for Returns Filed Under Section 119(2)(b) Relief
1. Background and ContextThe Central Board of Direct Taxes (CBDT) has issued Circular No. 07/2025 dated 25th June, 2025, addressing processing delays for income tax returns filed under condonation ord...
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Latest GSTN Advisories: Updates on Returns, Refunds, E-Way Bills, and Amnesty Schemes (June 2025)
Overview of Recent GSTN AdvisoriesThe GST Network (GSTN), which manages the online platform for GST compliance, continually issues advisories to enhance portal functionality and streamline taxpayer pr...
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Capital Market Overhaul: Major Highlights from SEBI’s 210th Board Meeting
1. OverviewConsider a technology start-up, for example, GreenPulse Technologies, which has expanded rapidly and is setting the stage for an initial public offering (IPO). Over time, its founders have...
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Regional Director Overturns Penalty Imposed by Registrar of Companies on Mukand Sumi Metal Processing Ltd. for Alleged Delay in Appointment of Woman Director: A Detailed Analysis
Introduction and Legal Framework(i) Overview of Section 149(1) and Relevant ProvisionsSection 149(1) of the Companies Act, 2013, lays down the requirement for certain categories of companies—including...
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GST and Indian MSMEs: Constitutional Dimensions and Practical Impact
Overview of GST and Its Constitutional Foundationi) GST’s Introduction and Legislative Basis(a) The launch of the Goods and Services Tax (GST) in July 2017, through the 101st Constitutional Amendment,...
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Upholding the Right to Be Heard in GST: The Principle of Audi Alteram Partem
Introduction: The Essence of Audi Alteram Partem in GSTi) Importance of Fair Hearing in Tax ProceedingsThe doctrine of audi alteram partem dictates that no individual should face adverse action withou...
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Rethinking 'Anonymous Donations' in the Digital Age: Section 115BBC and Contemporary Challenges
1. Introduction: Digital Donations and the Question of Anonymity(i) Historical Context and Modern ShiftTraditionally, donations to charitable organisations in India were made in cash, often through ph...
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Tax Implications of Oral Gifts to Daughters: Section 54F Exemption for Fathers
IntroductionMany individuals in India follow the tradition of gifting property to their daughters, especially during marriage. A recent Hyderabad Tribunal decision in the case of Income Tax Officer v....
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Legal Framework for Initiating Appeals Before the GST Appellate Tribunal (GSTAT)
1. OverviewWith the operationalization of the Goods and Services Tax Appellate Tribunal (GSTAT) pursuant to the Central Goods and Services Tax Act, 2017, and in light of the Goods and Services Tax App...
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Doctrine of Mens Rea in GST Evasion: A Comprehensive Legal and Judicial Review
OverviewThe Goods and Services Tax (GST) regime has fundamentally transformed India’s indirect tax landscape, introducing stringent criminal penalties to deter tax evasion. This article conducts a cri...
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GST Implications on Joint Development Agreements (JDAs)
Overview of JDAs and GST ApplicabilityJoint Development Agreements (JDAs) represent collaborative projects between landowners and developers, where the landowner provides land and the developer undert...
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Formation and Functioning of the Goods and Services Tax Appellate Tribunal (GSTAT) and Its Benches
OverviewThe Goods and Services Tax Appellate Tribunal (GSTAT) stands as the statutory appellate forum under the Central Goods and Services Tax Act, 2017 (CGST Act). Serving as the ultimate authority f...