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The Role of ITAT in Shaping Tax Jurisprudence: Focus on Trust Registration Post-2021 Reforms
Overview of the Income Tax Appellate Tribunal (ITAT)(i) Establishment and Mandate of ITATThe Income Tax Appellate Tribunal (ITAT), operational since 1941, serves as an independent quasi-judicial body...
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Critical Review of Section 74 GST Notices for Minor Value Discrepancies
OverviewThe Goods and Services Tax (GST) framework in India lays down comprehensive procedures for the recovery of unpaid or underpaid taxes, as well as for instances where input tax credit (ITC) has...
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Transformation of e-Form Submission from MCA V2 to MCA V3: A Comprehensive Guide to the New AOC-4 Filing Process
Introduction to MCA Portal TransitionThe Ministry of Corporate Affairs (MCA) has implemented the final migration phase of 38 critical company e-forms—including AOC-4 and its related forms—to the advan...
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In-Depth Guide to GST Return Scrutiny under Section 61: Procedures, Forms ASMT-10, ASMT-11, and ASMT-12
Overview of GST Return ScrutinySection 61 of the Central Goods and Services Tax Act empowers GST authorities to examine returns filed by assessees. If inconsistencies or anomalies are detected, the of...
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Supreme Court Clarifies: GST Provisional Attachment Limited to One Year, No Renewal Permitted
IntroductionThe Supreme Court, in its ruling in the case of Kesari Nandan Mobile v. Office of Assistant Commissioner of State Tax (2), has unequivocally established that a provisional attachment under...
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Resolving GST Authority Overlap: Supreme Court’s Landmark Ruling on Cross-Empowerment
Background: Persistent GST Jurisdiction DilemmasFor years, GST practitioners and assessees have grappled with the uncertainty surrounding which tax authority—Central or State—holds jurisdiction in spe...
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Reframing Royalty Taxation in India: Key Disputes, Judicial Interpretations, and Global Perspectives
Evolution of Royalty Tax Provisions in India(i) Early DevelopmentsDuring the British period, royalty revenues from minerals and forests were significant for the administration.After independence, Arti...
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Understanding Who Falls Under Profits and Gains of Business or Profession (PGBP): An In-Depth Guide
Introduction to PGBPi) Setting the Stage: What is PGBP?Profits and Gains of Business or Profession, commonly referred to as PGBP, represent one of the five foundational heads of income classified unde...
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Recent Developments in Taxation: AI Surveillance, NOIDA Exemptions, CII Calculation, and Action Against False Claims
This article presents a comprehensive overview of significant updates in Indian taxation, covering a spectrum of topics highly relevant for assessees and tax professionals. The discussion spans from t...
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Disqualification of Directors under Section 164: Reasonable Restriction on Fundamental Right to Profession – Analysis of Karnataka High Court Ruling
Introduction and Judicial Backdrop(i) Case SummaryThe Karnataka High Court, in its judgment dated 25th July 2025 relating to directors of M/s Vihaan Direct Selling (India) Private Limited versus Union...
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Addressing GST-ICEGATE Data Mismatches: Issues, Judicial Relief, and Practical Solutions for Exporters
Introduction: The Problem of GST and ICEGATE Data InconsistenciesThe introduction of the Goods and Services Tax (GST) in India sought to streamline indirect taxation and create a unified marketplace....
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Managing GST Notices: A Stepwise Approach for Assessees
Every business owner or assessee is likely to receive a GST notice during their operations. Initial anxiety is a common reaction—there may be concerns about missed deadlines, payment errors, or the po...
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Supreme Court Clarifies Fixed Place PE: Functional Control Over Core Indian Operations is Key
Introduction: Supreme Court Interpretation on Fixed Place Permanent Establishment (PE)The Supreme Court in the matter of Hyatt International Southwest Asia Ltd. vs Additional Director of Income Tax (C...
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Comprehensive Analysis of Individual Taxation Amendments under the Finance Act, 2024
Overview of Tax Treatment for Individuals for AY 2025-26The Finance Act, 2024, has introduced substantive changes affecting the computation of taxable income for individuals, as illustrated through th...
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Importance of Meeting Minutes: A Strong Legal Safeguard
1. IntroductionWhile minutes of board and committee meetings are frequently regarded as mere administrative tasks, their significance extends far beyond routine documentation. In reality, meticulously...
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Understanding ‘Profession’ under Income Tax: Definition, Key Examples, and Distinction from Business
Introduction: Demystifying the Tax TermsAre you confused about what exactly qualifies as a “Profession” under Indian Income Tax law and how it is distinct from “Business”? Let’s break down these conce...
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Interest Entitlement on Seized Money and Assets under the Income Tax Act, 1961
Overview of Interest on Seized Assets and MoneyGul Ltd. sought interest from the Income Tax Department for assets and funds seized during a departmental search. The claim rests on the legal framework...
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GST Implications on the Sale of Used Motor Vehicles with Claimed Depreciation
OverviewAssessees selling used motor vehicles, where depreciation has been claimed under the Income Tax Act and no input tax credit (ITC) was availed at the time of purchase, are subject to a unique G...
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Mandatory Adherence to GST Refund Timelines: Judicial Reassertion Against Unlawful Rejection Based on Office Size
i. Overview of Calcutta High Court’s Ruling in Suraj Mangar v. Assistant Commissioner, West Bengal State Tax & Others(a) Background of the DisputeThe Calcutta High Court, in the case of Suraj Mangar v...
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Classification of Companies under the Companies Act, 2013
The Companies Act, 2013, as amended, sets out a comprehensive structure for the incorporation and regulation of various types of companies in India. Section 2(20) of the Act defines a company as any e...