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Ensuring TDS/TCS Compliance: Typical Pitfalls and Their Ramifications
1. Introduction: The Imperative of TDS/TCS ComplianceTax Deducted at Source (TDS) and Tax Collected at Source (TCS) are integral components of India’s tax system, ensuring a steady inflow of revenue t...
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A Guide to Tax Audit Under Section 44AB of the Income-tax Act, 1961: Practical Insights for Audit Professionals
1. Introduction to Tax Audit: Legal FoundationLegal Basis for Tax Audit ObligationsSection 44AB of the Income-tax Act, 1961, sets the framework for mandatory tax audits for certain categories of asses...
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Why Filing Your Own Tax Returns May Result in Expensive Errors
Introduction: The Risks of DIY Tax ComplianceIn popular cinema, it's not uncommon to witness a protagonist removing a bullet from their own body with basic tools, surviving against all odds. While thi...
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Interest on Delayed Deduction of TDS: Provisions, Computation, and Key Points
Overview of Interest on Late TDS Deductioni) Responsibility for Timely TDS Deduction(a) As per the Income Tax Act, assessees are required to deduct Tax Deducted at Source (TDS) by the stipulated deadl...
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The Illusion of Registration: Supreme Court’s Perspective on Title and Ownership of Property in India
Introduction: The Evolving Landscape of Property RightsThe Supreme Court’s recent decision in K. Gopi v. State & Ors. (delivered June 7, 2025) brings to the forefront the ongoing complexities in deter...
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Harmonizing MSME and GST Payment Timelines to Foster Fair Business Conduct
1. OverviewThe Vital Role of MSMEs in IndiaThe Micro, Small, and Medium Enterprises (MSME) sector forms a crucial pillar of India’s economic landscape, second only to agriculture in terms of employmen...
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Section 16(2) of the CGST Act: The ‘Negative Override’ and Its Impact on Input Tax Credit (ITC) Claims
OverviewSection 16(2) of the Central Goods and Services Tax (CGST) Act has generated substantial debate within the GST framework, largely because it begins with the powerful phrase, "Notwithstanding a...
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Interpretation of "Person Responsible for Paying" under Section 204: An Analytical Overview
OverviewThe Income-tax Act, 1961, has gradually refined its provisions regarding tax deduction at source (TDS) to ensure the effective collection of taxes at the point of income accrual or remittance....
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Cross-Examination in GST and Indirect Tax Proceedings: Upholding Natural Justice in Tax Adjudication
Overview: The Role of Cross-Examination in Tax DisputesThe doctrine of natural justice is central to the Indian legal framework, guaranteeing that no individual is penalized without being granted an o...
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GST Refund on Inverted Duty Structure Where Input and Output Goods Are Identical
Overview: Disallowance of Refunds in Cases Where Input and Output Products Match(i) Issue at Hand(a) In various instances, GST officials are rejecting refund applications under the inverted duty struc...
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Approaching Cases Before GST Appellate Tribunal (GSTAT)
Introduction and Legal Foundationi) Evolution and Purpose of GSTATThe Goods and Services Tax Appellate Tribunal (GSTAT) plays a pivotal role in the adjudication of GST disputes in India. Despite the r...
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Compounding of Repeat Offences under the Companies Act, 2013: A Post-2020 Analysis of Sections 441 and 454A
OverviewThe Companies Act, 2013, lays down an extensive legal structure for regulating company affairs in India, encompassing provisions for compliance, governance, and the resolution of violations. A...
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GST Implications on Immovable Property: Judicial Insights on Development and Leasehold Rights
Judicial Clarification on Rights Associated with LandJudicial authorities have now firmly established that land is not a singular entity; it comprises several rights and interests such as development...
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Overview: Disallowance of Input Tax Credit Due to Supplier Default under GST
i) Introduction to ITC and Legal Foundations(a) The Input Tax Credit (ITC) mechanism is central to the functioning of the Goods and Services Tax (GST) regime, facilitating the uninterrupted transfer o...
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Supreme Court Disapproves Retraction of Bail Deposit Commitments: Key Ruling in GST Evasion Case
Background and Overview(i) Case Details and ContextIn the matter of Kundan Singh v. The Superintendent of CGST and Central Excise (Supreme Court, decision dated June 23, 2025), the apex court addresse...
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Section 135 of Companies Act, 2013: From Regulatory Compliance to Sustainable Corporate Commitment
1. OverviewThe Companies Act, 2013, not only prescribes penalties for violations but also introduces mandates for companies to achieve economic, social, and environmental objectives. This approach—oft...
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Section 201(1A): Interest Liability for Delayed TDS Payment
Overview of Interest Provisions under Section 201(1A)Section 201(1A) of the Income Tax Act, 1961 prescribes the interest to be paid by an assessee if there is a delay either in the deduction or deposi...
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Director Identification Number (DIN): Legal Framework, Penalties, and Recent Adjudication Under Companies Act, 2013
Overview of Director Identification Number (DIN) Systemi) Understanding DIN and Its Lifetime ValidityThe Director Identification Number (DIN) serves as a unique identifier assigned by the Central Gove...
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Delhi GST: Compulsory Virtual Personal Hearings – Legal Requirements, Natural Justice, and Compliance under CGST and Delhi GST Law
Evolution and Purpose of Virtual Hearings in Delhi GSTThe Delhi GST Department has ushered in a new era of digital adjudication by mandating that all personal hearings under the Delhi Goods and Servic...
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Refund of Unutilized Input Tax Credit (ITC) on Business Closure: Permissibility under GST Law
1. OverviewA pivotal decision was handed down by the Sikkim High Court on June 10, 2025, in the matter of SICPA India Private Limited & Another vs. Union of India & Others. The central issue revolved...