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GST and Online Gaming in India: Supreme Court’s New Framework and Its Implications
Overview of the Online Gaming Sector and Legal ContextThe Changing Legal LandscapeThe online gaming sector in India has experienced exponential growth, reaching an estimated value of USD 3.8 billion i...
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GST Implications on 'Buy One Get One' (BOGO) Offers: Free Units, Credit Notes, and Proper Adjustment Strategies
OverviewThe 'Buy One Get One' (BOGO) promotion is a popular marketing tactic across industries, but it brings persistent questions under India's GST regime. Key concerns include whether the compliment...
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Charitable and Religious Trusts: Interpreting Section 13(1)(b) in Light of the Jamia Osman Bin Affan Education Society Case
Introduction: Exemption Framework for Charitable and Religious TrustsSection 335 of the Income-tax Act, 2025 (formerly Section 11 of the Income-tax Act, 1961) provides exemption for the income of trus...
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Reassessment Notices Issued to Deceased Assessees: Conflicting Approaches in Recent Delhi High Court Rulings on Section 148A
Introduction: Evolving Legal Landscape on Reassessment Proceedings Against the DeceasedThe legal framework governing reassessment actions under Sections 147, 148, and 148A of the Income Tax Act, 1961,...
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Mastering GST Scrutiny: Strategic Handling of Form GST ASMT-10 to Prevent Litigation
Overview: The Role of Scrutiny in the GST FrameworkThe Goods and Services Tax (GST) structure in India is anchored on self-assessment, empowering registered assessees with the responsibility to determ...
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Section 107 and the Prohibition of Remand: No Second Chances for the Department under GST
1. Introduction: The Challenge of Appellate Remands in GSTSince the implementation of the Central Goods and Services Tax Act, 2017, appellate authorities have often remanded matters back to adjudicati...
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The Role of Adjudication in Indian Tax Tribunals
1. Introduction: The Role of Adjudication in Indian Tax Tribunalsi) Foundations of Tax AdjudicationThe Indian tax adjudication framework is grounded in the key values of impartiality, natural justice,...
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Section 153C Satisfaction Note: The Foundational Jurisdictional Principle and Its Persistent Defects
Introduction: The Crucial Role of Satisfaction Notes in Section 153C ProceedingsSection 153C of the Income-tax Act, 1961 establishes a mechanism for assessing individuals connected to a person subject...
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Private Discretionary Trusts and Section 56(2)(x) – Interpreting ‘Solely for the Benefit of Relatives’
OverviewSection 56(2)(x) of the Income-tax Act, 1961, serves as a broad anti-abuse tool by taxing any receipt of money or property without adequate consideration as ‘income from other sources’. This p...
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Analysis of Sections 14 and 171 of the CGST Act in the Context of Battery Operated Vehicle Procurement: Insights from the CAG Compliance Audit Report
1. OverviewThe Central Goods and Services Tax Act, 2017 (CGST Act) includes vital clauses governing changes in tax rates and the obligation to transfer resulting tax benefits to recipients. Specifical...
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Indirect Transfers under Indian Income Tax Law
1. Overview: Indirect Transfers under Indian Income Tax Lawi) Genesis and IntentThe Indian Income-tax Act, 2025, through its indirect transfer provisions, aims to tax offshore transactions that effect...
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Representation by Authorised Representative in Income Tax Proceedings: A Detailed Overview
Right of Assessee to be Represented in Income Tax Proceedingsi) Appearance through Authorised RepresentativeUnder Section 515 of the Income Tax Act, 2025 (which corresponds to Section 288 of the Incom...
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Transitioning to the Income-tax Act, 2025: New Challenges for Professionals in Bookkeeping and Compliance
Introduction: Overhaul of Indian Income Tax LegislationThe Central Board of Direct Taxes (CBDT), through its Directorate of Income Tax (Organisation and Management Services), has published a detailed...
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GST Implications on Corporate Guarantees: Analysis of Bombay High Court’s Position on Absence of Consideration
OverviewCorporate guarantees have increasingly become a focal point of dispute under the Goods and Services Tax (GST) regime in India. Major conglomerates, particularly within the infrastructure, manu...
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SEBI to Reintroduce Open Market Buy-Backs via Stock Exchange: A Shift in Buy-Back Regulations
Background and OverviewThe Securities and Exchange Board of India (SEBI) is considering the restoration of open market share buy-backs through stock exchanges, a mechanism that was phased out followin...
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Implications of Backdated Whole-Time Director Appointments: Lessons from ROC Penalty on M/s. Regaal Resources Limited
Overview of the Casei) Introduction to the IssueIn a recent enforcement action, the Registrar of Companies (ROC), Kolkata imposed penalties on M/s. Regaal Resources Limited and its directors for the i...
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GST on Online Gaming in India: A Comprehensive Legal and Economic Overhaul
The Digital Gaming Surge and Regulatory OverhaulIndia's online gaming sector has seen explosive expansion, transitioning from a hobbyist pursuit to a booming economic driver. With more than 500 millio...
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GST Implications on Corporate Guarantees: Key Developments and Practical Guidance after D.P. Jain & Co. Infrastructure Pvt. Ltd. v. Union of India
Introduction: The Emergence of GST Liability on Corporate Guarantees(i) A New Tax Demand on Traditional PracticeCorporate guarantees—frequently extended by parent entities to support loans for subsidi...
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Distinguishing Revenue Sharing and Profit Sharing in AOPs: Taxability of Members’ Income in Light of Sanand Properties Case
Introduction and Factual MatrixIn the landmark case involving Sanand Properties Pvt. Ltd. (SPPL), the Supreme Court addressed pivotal issues regarding taxation of income received by members of Associa...
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Section 50CA and Bona Fide Transfers of Unquoted Shares: Applicability and Interpretation
IntroductionSection 50CA of the Income-tax Act, 1961, introduced through the Finance Act, 2017 and effective from 1 April 2018, establishes a mechanism for determining the full value of consideration...