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Penalties for Non-Filing of DIR-12 Post Director Resignation: Analysis of ROC Adjudication
Introduction and Case OverviewThe Registrar of Companies (ROC) Kanpur initiated penal proceedings against M/s. Alpha Alliance Technology Private Limited and its directors for failing to file Form DIR-...
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Section 16(2)(c) Under Scrutiny: An In-depth Review of Gujarat High Court’s Verdict on GST Input Tax Credit
1. OverviewThe Gujarat High Court’s decision in Maruti Enterprise Through Its Authorized Partner v. Union of India & Others ([2026] 186 taxmann.com 90, Gujarat) stands out as a landmark judgment under...
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Reframing the Defence of “Fiduciary Capacity” under the Amended Benami Transactions Law
Introduction: Evolution of the Benami Law and the ‘Fiduciary Capacity’ ExceptionThe landscape of benami transactions in India underwent a significant shift with the amendment of the Prohibition of Ben...
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Self-Imposed Encumbrances and Capital Gains Taxation under ITA 2025 — Statutory Analysis and Judicial Trends
OverviewCapital gains taxation in India fundamentally operates on the principle that the taxable gain is the difference between the sale consideration and the cost incurred by the assessee in acquirin...
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The Reassessment Dilemma Under the Income-Tax Act, 2025: Navigating the Legacy of Section 148 Notices After Repeal
1. Introduction: The Challenge of Transitioning Legacy Reassessment ProceedingsOn 1 April 2026, the Income-Tax Act, 1961 was repealed by virtue of Section 536(1) of the Income-Tax Act, 2025, ushering...
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Enhancing Communication Between Statutory Auditors and Those Charged with Governance (TCWG), Including Audit Committees: Regulatory Insights and Best Practices
1. Overview1.1 Background and Regulatory ContextThe landscape of corporate governance in India has evolved significantly since the implementation of the Companies Act, 2013. Despite the robust legisla...
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Revisiting ESOP Repricing in India: Legal Landscape and Practical Insights
Introduction: ESOPs as Employee IncentivesEmployee Stock Option Plans (ESOPs) are primarily designed by companies to reward and motivate employees, aligning their interests with company growth. The in...
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Policy Shifts in the Income Tax Act, 2025: Analysis of Capital Gains Provisions
1. IntroductionThe transition from the Income Tax Act, 1961 (ITA, 1961) to the Income Tax Act, 2025 (ITA, 2025) was primarily aimed at making tax legislation more accessible and comprehensible for the...
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Reinventing FCRA Compliance: Shifting from Reactive Enforcement to Preventive Oversight in India
1. Contextual Overview: The Evolution of Foreign Contribution RegulationIndia’s landscape of foreign funding for the not-for-profit sector has witnessed notable changes over the last decade. Organisat...
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ITC Apportionment and the GST Dilemma
1. Overview: ITC Apportionment and the GST Dilemmai) Background and ScopeThe allocation and reversal of Input Tax Credit (ITC) under India’s Goods and Services Tax (GST) framework is a challenging are...
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Impact of Section 147A: Has the JAO vs. Faceless Assessment Controversy Been Resolved for Pre-1 April 2026 Assessments?
Introduction and Legislative BackgroundThe Finance Act, 2021 brought transformative changes to the reassessment procedure under the Income-tax Act, 1961, specifically by revamping Sections 147 to 151....
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Can Designated Persons Subscribe to IPOs?
1. Introduction: Can Designated Persons Subscribe to IPOs?Background Scenario A Ltd, a private company, is preparing to launch its Initial Public Offer (IPO) of equity shares. The IPO is set to open i...
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Regulatory Penalties for Non-Compliance with Secretarial Standard-2 and Defective AGM Minutes: Lessons from ROC Action Against Company Officers
Introduction: Regulatory Scrutiny on Record MaintenanceThe case of M/s. Rashi Steel and Power Limited, headquartered in Bilaspur, Chhattisgarh, highlights the consequences of neglecting statutory reco...
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Major Overhaul of FEMA Regulations 2026: Key Developments and Operational Insights
Overview of the Regulatory ShiftThe Indian government has consistently prioritized reform of cross-border trade regulations to facilitate global business operations and remove procedural hurdles. In a...
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Comprehensive Summary of Recent Regulatory Developments Pertaining to Alternative Investment Funds (AIFs) in India (October 2025–April 2026)
1. IntroductionBetween October 2025 and April 2026, several significant circulars, notifications, and regulatory directives have been introduced by various Indian regulatory authorities concerning Alt...
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GST and Contractual Damages: Delineating the Taxability of Settlement Payments in Breach of Contract Cases
OverviewOver recent years, the Goods and Services Tax (GST) legal framework in India has developed clear boundaries between legitimate business supplies and monetary remedies paid due to breach of con...
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Communication Window Facility in Income Tax Appeals
1. Introduction: Communication Window Facility in Income Tax AppealsThe Enablement of Communication Window, referred to as "the window," is a digital solution implemented by the Income Tax Department,...
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Bridging the Transition Gap in Section 195: Ensuring Fair Taxation under the Income Tax Act, 2025
Introduction: Understanding Key Provisions for Return FilersTax compliance requires assessees to be aware of pivotal provisions that impact the way unexplained incomes are taxed. Section 107 of the In...
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Determining the Deadline for Issuing GST Show Cause Notices for FY 2020–2021: 28th or 30th November 2024?
OverviewIn numerous instances, GST authorities have served Show Cause Notices (SCNs) under Section 73 of the Central Goods and Services Tax Act, 2017 (CGST Act) for the financial year 2020–2021 on dat...
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Judicial Acceptance of Consolidated Show Cause Notices under GST: Karnataka High Court’s Landmark Decision
Background and OverviewThe development of judicial principles under India’s Goods and Services Tax (GST) regime has continually addressed critical procedural questions. A major issue recently resolved...