-
GST Section 74: Essential Prerequisites for Extended Limitation and Due Process
Overview: Adhering to Limitation Periods under Section 74i) Strict Application of Limitation PeriodsThe Andhra Pradesh High Court in the matter of M/s. The Cotton Corporation of India vs. Assistant Co...
-
Major Revisions in Forms 3CB and 3CD for Assessment Year 2025-2026
Overview of Forms 3CB and 3CDi) Purpose and Applicability(a) Form 3CB serves as the tax audit report issued by a Chartered Accountant for assessees whose accounts are subject to audit exclusively unde...
-
Introduction to One Person Company (OPC) Registration in India
(i) Definition as per Companies Act, 2013According to section 2(62) of the Companies Act, 2013, a "One Person Company" (OPC) refers to a company with only a single individual as its member. While cate...
-
Comprehensive Framework for Consent Management Systems under the DPDP Act, 2023
1. IntroductionIndia’s Digital Personal Data Protection Act, 2023 (DPDP Act) marks a significant advancement in the nation’s approach to personal data privacy and management. To assist organizations i...
-
A Comprehensive Analysis of Company to LLP Conversion: Tax Implications and Unresolved Issues
1. Introduction: Evolution of Tax Neutrality for Company-to-LLP ConversionThe Finance Act, 2010 and Section 47(xiiib)To facilitate business restructuring, the Finance Act, 2010 introduced section 47(x...
-
GST Composition Scheme for Bakeries: Eligibility, Tax Rates, and Key Considerations
OverviewThe introduction of the Goods and Services Tax (GST) in 2017 marked a significant overhaul of the indirect tax system in India, with a special focus on simplifying compliance for small busines...
-
Comprehensive Overview of Mandatory E-Way Bill Compliance Prior to Goods Transportation
IntroductionThe electronic waybill (e-way bill) framework, regulated under Rule 138 of the GST Rules, governs the movement of goods across India’s territories. Compliance requires timely digital submi...
-
Upholding Natural Justice in GST Amnesty Schemes Under Section 128A: Judicial Insights
Overview of Procedural Fairness in GST Amnesty SchemesThe introduction of amnesty schemes under the Goods and Services Tax (GST) framework is a crucial strategy for recovering government dues and reso...
-
Supreme Court Criticizes Rajasthan High Court for Prolonged Bail Order Delays in GST Cases: Emphasizes the Right to Speedy Justice
Background and Case Overview(i) Context and Judicial ProverbThe time-honored legal maxims, "Justice delayed is justice denied" and "Justice should not only be done but should manifestly and undoubtedl...
-
Critical Gaps in the Proposed Income Tax Bill 2025: A Comprehensive Review
IntroductionThe draft Income Tax Bill 2025 introduces several provisions and retains some from the earlier law, but overlooks key issues that could escalate compliance demands and result in increased...
-
Borrowing from Directors: An Analysis of Related Party Transaction Provisions under the Companies Act, 2013
Introduction and BackgroundBlue Star Limited secured a loan of Rs. 50,00,000 from its director, Mr. Timothy Edwin, without obtaining prior approval from the Audit Committee as mandated under Section 1...
-
GST Treatment of High Sea Sales: Legal Framework and Practical Insights
Overview of High Sea Sales TransactionsHigh Sea Sales refer to instances where an original importer transfers ownership of goods to another buyer while those goods are still in transit—after being dis...
-
Faceless Assessment and Section 148: Jurisdictional Issues and Latest High Court Rulings
Introduction: Faceless Assessment and Section 148 – Key ConcernsThe implementation of the faceless assessment mechanism under the Income-tax Act, 1961, has introduced significant procedural requiremen...
-
UPI Transaction Data and GST Demand Notices: Legal Strategies for Traders
IntroductionRecently, a state GST authority dispatched approximately 6,000 demand notices to traders, citing analyses of their UPI transaction data. The authorities claimed that these traders exceeded...
-
CBDT's Mechanism for Waiver of Interest on TDS/TCS Due to Technical Errors: A Comprehensive Guide
Background and OverviewDeductors and collectors frequently encounter automatic interest charges under Section 201(1A)(ii) or Section 206C(7) of the Income-tax Act, 1961, even when they have made timel...
-
Income Tax Refund Scams – How Cybercriminals Are Targeting Assessees
Rise in Refund-Related Cyber Frauds During ITR SeasonThe period for filing Income Tax Returns (ITR) is currently at its peak. Many assessees who have already submitted their returns are anticipating r...
-
Supreme Court’s Landmark Ruling in Hyatt International: Defining the Boundaries between Strategic Guidance and Business Control for Permanent Establishment
1. OverviewThe Supreme Court of India, in its recent Hyatt International Southwest Asia Ltd. decision ([2025] 176 taxmann.com 783 (SC)), delivered significant clarity on the concept of "fixed place of...
-
Clause 22 of Form 3CD: A Practical Guide for MSME Payment Disclosure After Income Tax Utility Update
1. IntroductionThe Income Tax Department’s latest utility for Tax Audit Reports has introduced much-needed clarity on reporting obligations under Clause 22 of Form 3CD, especially with regards to paym...
-
Re-examining the Supreme Court Ruling on Hyatt International’s Permanent Establishment in India
Introduction: The Core Issue Before the Supreme Courti) The Central QuestionThe Supreme Court in the case of HYATT INTERNATIONAL SOUTHWEST ASIA LTD. v. Addl. DIT ([2025] 176 taxmann.com 783 (SC)) was...
-
GST Implications on Joint Development Agreements and Transfer of Development Rights: A Comprehensive Overview
Overview and ContextThe real estate industry in India is subject to various complexities, particularly from a regulatory and indirect tax perspective. The treatment of Joint Development Agreements (JD...