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Benami Law in India: Retrospectivity vs. Prospectivity – An In-depth Analysis
Introduction to Benami Transactions in Indiai. Historical Evolution and RationaleThe phenomenon of benami transactions, rooted in the Urdu/Persian word meaning "without a name," has long plagued India...
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GST Obligations for Freelancers in India: Frequent Errors and Preventive Measures
IntroductionWith the rapid expansion of the digital economy, a substantial portion of India’s workforce now operates as freelancers in fields such as technology consulting, content development, digita...
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Comprehensive Overview of Section 41 of the CGST Act and Rule 37A of the CGST Rules: Input Tax Credit Reversal Mechanism
1. Introduction to ITC Eligibility When Supplier DefaultsThe persistent issue around whether a recipient can claim Input Tax Credit (ITC) if the supplier has not remitted the tax to the government has...
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Mandatory Presence of Two Independent Witnesses in GST Searches: Legal Insights and Compliance Imperatives
Introduction: Importance of Witnesses and Procedural Integrity in GST SearchesThe Patna High Court's ruling in Sri Sai Food Grain & Iron Stors v. State of Bihar (Civil Writ Jurisdiction Case No. 13674...
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Comprehensive Overview for Private Companies on Opening a Demat Account in India
Introduction to Dematerialisation for Private CompaniesDematerialisation, often referred to as "demat," involves converting physical share certificates into electronic form. This transition is now com...
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Determining the Appropriate Income Tax Return (ITR) Form and Eligible Filers
Overview of Income Heads and Return Filing RequirementsThe Income Tax Act, 1961, classifies income under five distinct categories: (i) Salary, (ii) House Property, (iii) Profits and Gains from Busines...
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Section 50AA: Judicial Interpretations and Legislative Developments under the Income Tax Bill 2025
IntroductionThe recently introduced Section 50AA of the Income Tax Act, 1961, sets out specific deeming provisions that treat profits arising from the transfer of Market Linked Debentures and Unlisted...
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Milestones to Mastering Income Tax Return Filing: Navigating the ITR Forms Landscape
Introduction: The Journey Through ITR FormsEvery assessee must select the appropriate Income Tax Return (ITR) form to ensure a hassle-free filing process and avoid complications such as penalties or d...
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Navigating Taxation Challenges in SPAC Transactions: A Comprehensive Analysis
Introduction to SPACs and Their Growing RelevanceSpecial Purpose Acquisition Companies (SPACs) have emerged as significant vehicles for raising capital and facilitating public listings, offering an al...
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Holistic GST and Income Tax Planning in India: A Chartered Accountant’s Perspective
1. Introduction: Tax Efficiency vs. Tax Burden – The Intelligent ApproachIn India’s evolving financial environment, tax is not merely about compliance but about integrating efficient planning into bus...
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Allahabad High Court: Purchaser Not Liable for Supplier’s GST Non-Compliance
Case Overviewi) IntroductionThe Allahabad High Court, in the matter of R.T. Infotech v. Additional Commissioner Grade 2, addressed the question of whether an assessee (buyer) can be denied Input Tax C...
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ICAI’s New 60 Audit Cap per Partner: Transforming Audit Assignment and Practice in India
Introduction: ICAI’s New Policy on Tax Audit LimitsThe Institute of Chartered Accountants of India (ICAI) has recently approved a pivotal change: a maximum of 60 tax audits per partner will be permitt...
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Guwahati High Court Invalidates GST Notification No. 56/2023: Extensions Found Beyond Authority
Introduction and SignificanceThe Guwahati High Court, in the case of Mahabir Tiwari v. Union of India (2025) TaxCorp(GST) 53803 (HC-GAUHATI), has set aside Notification No. 56/2023-Central Tax dated 2...
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Obligation to Issue Form GST MOV-09 Even After Penalty Payment: Allahabad High Court Interpretation
IntroductionThe Allahabad High Court has recently emphasized that the issuance of Form GST MOV-09 by the GST authorities is compulsory, even if the assessee has already paid the penalty to secure the...
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Major Overhaul in Corporate Reporting and E-Filing by MCA Effective July 14, 2025
Introduction of Enhanced Corporate Disclosure and Full Digital TransitionThe Ministry of Corporate Affairs (MCA) is set to roll out extensive reforms starting July 14, 2025, targeting increased transp...
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Global Investments and Indian Taxation: A Guide to Reporting Overseas Assets and Earnings in Your ITR
As international investing becomes more accessible—allowing assessees to acquire shares in leading global companies or diversify into foreign funds via online platforms—the requirement to comply with...
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Capital Gains Arising from Depreciable Assets under Section 50: Comprehensive Overview and Inter-Relationships
Understanding the Definition of Capital AssetsSection 2(14) defines ‘capital asset’ as any kind of property held by an assessee, regardless of whether it is related to their business or profession. Ho...
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Internal Audit: A Strategic Driver for Startup Growth
(i) Introduction: The Startup Landscape in IndiaIndia boasts the world’s third-largest startup ecosystem, with new ventures sprouting across diverse industries. Startups are typically defined as innov...
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Gujarat AAR Bars Input Tax Credit on Pre-Engineered Buildings and Crane Support Structures
Overview of the Gujarat AAR DecisionThe Gujarat Authority for Advance Ruling (AAR) delivered a pivotal judgment on April 30, 2025, in the case involving M/s. HMSU Rollers (India) Pvt. Ltd., denying In...
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SCN - Specimen Application for Admission of Additional evidence in an Appeal
Dated: [Insert Date]To,The Commissioner of Income Tax (Appeals),[Office Address/Location]Sir,Re: Appeal No. [Insert Appeal Number]PAN: [Insert PAN Number]Assessment Year: [Insert Assessment Year]Kindl...