Tax & Legal Articles

The Constitution Bench of the Supreme Court in N.N. Global Mercantile Private Limited v. Indo Unique Flame Ltd. & Ors. has authoritatively settled the law governing the interaction between the Indian Stamp Act, 1899 and the Arbitration and Conciliati...

The Supreme Court's decision in Ajay Madhusudan Patel & Ors. Vs Jyotrindra S. Patel & Ors. settles an important procedural question in Indian arbitration law: when a non-signatory party's joinder is sought under `Section 11` of the Arbitration and Co...

The CAAR Mumbai, in the matter of M/s Gauge International LLP, conclusively ruled that rolls of man-made fibre textile fabrics — including Nylon Taffeta, Polyester Satin, Acetate Taffeta, and related recycled variants — intended for use as garment la...

Listing on a stock exchange brings the company, its Directors, KMPs, employees and connected persons within the direct ambit of SEBI's PIT Regulations from the very first day of trading. The framework imposes obligations that are both corporate — Cod...

The ITAT Delhi's ruling in Dhanuka Laboratories Ltd. Vs ACIT settles several critical questions around the tax treatment of MEIS rewards for Assessment Year 2017-18. The Tribunal unequivocally held that the reward of Rs. 3,51,14,183/received under th...

The GSTN advisory of September 19, 2026, together with the CCA's FIPS 140-2 to FIPS 140-3 migration framework, establishes a clear and time-bound roadmap for DSC users on the GST Portal. Assessees and tax officers with existing, functioning DSCs and ...

The CESTAT Delhi ruling in Singh Construction & Co. Vs Commissioner of Customs resolves a longstanding classification dispute concerning coal transportation services rendered within mining areas. The Tribunal unequivocally held that where the princip...

The Allahabad High Court's ruling in Commissioner Commercial Tax U.P. Lucknow Vs S/S Saurabh Traders Railway Bus Stand Pilkhuwa Hapur reinforces a well-established principle of VAT law in Uttar Pradesh: a mere procedural lapse in completing a declara...

The Kerala Authority for Advance Ruling, in In re ICLOUD Homes Private Limited (GST AAR Kerala), has definitively ruled that residential villa projects classified as Residential Real Estate Projects (RREP), other than affordable residential apartment...

Repatriating UAE business funds into India is not simply a banking operation; it is a composite legal and tax event governed by the nature of the payment, the assessee’s residence status, the underlying investment structure and a dense web of Indian ...

The Kerala Authority for Advance Ruling, in the case of In re Ebenezer Printpack Private Limited (GST AAR Kerala), has provided authoritative guidance on the GST classification and rate applicable to two distinct categories of printing services. Wher...

The Gujarat Authority for Advance Ruling has ruled that the supply of forty C-295 aircraft by the Project Office of Airbus Defence and Space SA to the Ministry of Defence constitutes a taxable supply of goods under `Section 7` of the Central Goods an...

The ITAT Chennai, in G.C.T. Alumni Association Vs ACIT, unequivocally held that a delay of 31 days in filing the audit report in Form No. 10B does not warrant automatic denial of the `Section 11` exemption under the Income Tax Act, 1961. The Tribunal...

The Kerala AAR's ruling in the matter of Global Educational Consultants establishes that student recruitment services rendered by Indian education consultants to foreign universities, where the consultant operates as a representative/agent under a fo...

The Tamil Nadu Authority for Advance Ruling, in In re Jiva Sciences Private Limited (GST AAR Tamilnadu), has ruled that bovine semen sorting services rendered by the applicant do not qualify for classification under `SAC 9986` and are therefore not e...

The Corporate Laws (Amendment) Bill, 2026 introduces a welcome mechanism for SEBI and IFSCA-regulated trusts to convert into LLPs through a proposed `Section 57A` and Fifth Schedule to the Limited Liability Partnership Act, 2008. However, Paragraph 4...

The ITAT Delhi, in the case of Neelam Gupta v. Addl/JCIT(A)-2, allowed the appeal of a retired Bank of Baroda employee for Assessment Year 2020-21, directing the Assessing Officer to grant full exemption on leave encashment of ₹6,97,100 under `Sectio...

The Kerala AAR, in the matter of In re Packapeer Academy Pvt Ltd (GST AAR Kerala), has authoritatively clarified that vocational training services provided by an NSQF-aligned training body — accredited with an NCVET-recognised Awarding Body such as I...

The Supreme Court of India, in Kanishk Sinha & Another Vs State of West Bengal & Another, has authoritatively settled that the direction issued in Priyanka Srivastava Vs. State of Uttar Pradesh, (2015) 6 SCC 287 — mandating that applications under `S...

The Delhi High Court's decision in Misha Gupta Vs ACIT Central Circle 26 reinforces two critical safeguards against the mechanical or arbitrary invocation of search-based reassessment proceedings under `Section 153C` of the Income Tax Act, 1961. Firs...

The CESTAT Ahmedabad decision in Dhaval Agri Exports LLP Vs. C.C.-Mundra confirms that large customs duty demands alleging diversion under the Advance Authorization Scheme cannot be sustained solely on theoretical shortages, contract note description...

The Punjab & Haryana High Court, in FinDoc Finvest Private Limited Vs DCIT (Punjab and Haryana High Court), struck down an undated assessment order under `Section 143(3)` for multiple, independent reasons. First, the Court held that while CBDT’s Circ...

The Supreme Court in Adavya Projects Pvt. Ltd. Vs Vishal Structurals Pvt. Ltd. & Ors. has provided an important clarification on arbitral procedure and jurisdiction under the Arbitration and Conciliation Act, 1996. The Court has drawn a clear distinc...

The Supreme Court's judgment in Union of India & Ors. Vs Balakrishnan Mullikote serves as a vital safeguard for the pensionary rights of Defence Security Corps personnel. By ruling that the general Army provisions for condoning a shortfall in qualify...

The CAAR Mumbai has provided critical clarity for the pharmaceutical sector by ruling that imported Active Pharmaceutical Ingredients (APIs) and bulk drugs are eligible for a 5% IGST rate. By interpreting tax notifications in harmony with the `Drugs ...

Transitioning an LLP into a Private Limited Company is a highly strategic corporate maneuver designed to propel a growing business into its next phase of expansion. By adopting a corporate structure under the `Companies Act, 2013`, an enterprise unlo...

The AAR in In re Mangalam Kallani HUF (GST AAR West Bengal) has held that ruled/lined paper sheets manufactured from uncoated reels and supplied as loose sheets remain classifiable under `Heading 4802` of the Customs Tariff Act, 1975. When supplied i...

The annual GST filings, comprising GSTR-9 and GSTR-9C, are pivotal statutory obligations governed by `Section 44` and `Rule 80` of the `CGST Act, 2017`. Applicability is determined by PAN-based aggregate turnover, with exemptions provided up to Rs. 2...

The ITAT Delhi's decision in Sandeep Vs ITO provides a fascinating glimpse into the ongoing debate over the characterization of interest received on compulsory land acquisition. By equating interest under `Section 28` of the Land Acquisition Act, 189...

The consolidated order in Mayur Uniquoters Ltd. Vs CIT (ITAT Jaipur) lays down several important propositions: 1. Additional legal grounds can be raised for the first time before the ITAT if they are pure questions of law based on facts already on re...