Tax & Legal Articles

`Section 147A` of the Income-tax Act, 1961, inserted retrospectively by the Finance Act, 2026 with effect from 1 April 2021, raises profound constitutional questions that extend well beyond routine statutory interpretation. By deploying the language ...

The ITAT Bangalore's ruling in Artha Real Estate Corporation Limited Vs DCIT lays down a clear and unambiguous position on TDS obligations arising from year-end provisions: where the payee is identifiable and the amount is ascertained, the obligation...

The Foreign Manufacturers Certification Scheme (FMCS) administered by BIS under the Bureau of Indian Standards Act, 2016 and BIS (Conformity Assessment) Regulations, 2018 constitutes the primary regulatory mechanism through which overseas manufacture...

Multi-state GST management represents one of the most operationally complex areas of Indian tax compliance. The legal architecture of GST — which treats each state registration as a distinct taxable person — creates a multiplied compliance burden tha...

The Madras High Court's ruling in City Enterprises Vs Deputy State Tax Officer-1 reinforces the legal validity of GST demand orders issued under the extended limitation framework established through `Section 168A` of the CGST Act. The Court firmly re...

A single-member US LLC owned by an Indian resident assessee occupies a fundamentally different position under US federal tax law versus Indian tax law, and conflating the two frameworks is the source of most compliance failures in this area. The US "...

The GSTAT represents a structured and procedurally rigorous forum for resolution of GST disputes at the second appellate level. For an assessee to successfully navigate this forum, it is essential to comply with the pre-deposit requirements under `Se...

The ITAT Bangalore's decision in DRG Analytics and Insights Pvt. Ltd. Vs ACIT is a cornerstone ruling that reinforces the necessity of logic, parity, and scientific methodology in Transfer Pricing assessments. By striking down the mechanical rejectio...

The enactment of the Insolvency and Bankruptcy Code, 2016 fundamentally altered the dynamics of corporate debt resolution in India, replacing a broken, multi-statute system with a streamlined, time-bound framework. However, the sheer power of the CIR...

The week from 27 April–3 May 2026 saw substantial regulatory recalibration across tax and financial sectors. On the direct tax side, the Rajasthan High Court reaffirmed that rural agricultural land beyond municipal limits is not a capital asset and i...

The Bombay High Court's ruling in the case of Shivhare Retail Pvt. Ltd. Vs Commissioner, CGST & Central Excise decisively settles the debate regarding the structural validity of multi-year GST demand notices within its jurisdiction. By quashing the c...

The ITAT Bangalore's decision in the matter of SJJPP Rashtriya S Trust Vs ITO underscores the judiciary's commitment to equitable tax administration. By excusing a massive procedural delay spanning over a hundred months, the tribunal reaffirmed that ...

The ITAT Delhi's decision in Prime Comfort Products Pvt. Ltd. Vs ACIT reaffirms the strict legal position established by the Supreme Court in Checkmate Services P. Ltd. vs CIT-I [2022] 143 com 178 (SC) — that employees' contributions to PF and ESI mu...

The appeal filed by Digilogic Systems Limited and its directors before the Regional Director, MCA Hyderabad, resulted in a complete set-aside of the penalty originally imposed under `Section 42(10)` of the Companies Act, 2013. The appellate authority...

The amendments introduced by Finance Bill 2026 to `Section 54(3)` represent a monumental corrective measure, dismantling the restrictive refund regime solidified by the Supreme Court in Union of India vs. VKC Footsteps India (P.) Ltd. [2021] 130 taxm...

The Rajasthan High Court's decision in Man Singh Tanwar Son of Shri Gordhan Singh Vs Commissioner, Central Goods and Services Tax Department provides significant relief to GST assessees who are unable to comply with procedural timelines due to circum...

The ITAT Delhi's ruling in Smt. Ritu Jain Vs ACIT serves as a vital safeguard for assessees against arbitrary tax additions based on generalized penny stock investigations. The Tribunal clarified that while the Investigation Wing's reports can trigge...

GST TDS compliance for April 2026 requires specified deductors — including government departments, local authorities, governmental agencies, and notified persons — to deduct tax at source at 2% on contracts exceeding ₹2,50,000 in value (excluding GST...

The judgment delivered by the Karnataka High Court in Tanveer S/o Gulamhusain Gavandi Vs State of Karnataka serves as a crucial precedent protecting the assessee from arbitrary tax administration. It reinforces the principle that the GST portal is a ...

The ITAT Delhi's ruling in Major Suresh Yadav Vs ITO serves as a critical safeguard against arbitrary tax assessments. By deleting the ₹1,20,06,010 addition, the tribunal reiterated that reassessment proceedings under `Section 147` cannot be initiate...

The Supreme Court's judgment in Anjani Technoplast Ltd. Vs Shubh Gautam serves as a vital safeguard against the weaponization of the Insolvency and Bankruptcy Code, 2016. The Court categorically ruled that holding a civil decree does not grant a cred...

The Rajasthan High Court's decision in the case of RPC PSIPL JV underscores the supremacy of equitable justice over rigid procedural timelines in exceptional circumstances. By invoking its extraordinary jurisdiction under `Article 226`, the Court byp...

The ITAT Bangalore, in the case of Yohann Kekoo Sethna Vs ITO, examined a situation where an assessee's claim of ₹33,12,391 as agricultural income was rejected at both the assessment and first appellate stages due to a total absence of supporting doc...

The Punjab and Haryana High Court's decision in CIT Vs Gurdaspur Co-operative Sugar Mills Ltd. firmly establishes that a penalty under `Section 271(1)(c)` of the Income Tax Act, 1961 cannot be imposed merely because the assessee's classification of a...

The ITAT Chennai's decision in Smt. Ravikumar Jeeva Kalaivani Vs ITO serves as a significant reinforcement of the principle that additions under `Section 69A` of the Income Tax Act, 1961 cannot be upheld merely on the basis of suspicion or superficia...

The Bombay High Court, in Haren Textiles Private Limited Vs Deputy Commissioner of State Tax, set aside refund rejection orders passed by the GST authorities on the ground that they were passed in violation of the mandatory procedural requirements un...

The ITAT Bangalore's decision in Hutchinson & Co. (India) Pvt. Ltd. Vs ITO serves as a crucial precedent regarding the tax treatment of pass-through financial obligations. By analyzing the Capital Bond Agreement dated 04.07.1997, the tribunal establi...

The Reserve Bank of India's Press Release dated May 1, 2026 confirms that the withdrawal of ₹2000 denomination banknotes has been overwhelmingly successful. Starting from a circulation value of ₹3.56 lakh crore at the time of the announcement in May ...

The ITAT Delhi's decision in Rakesh Janghu Vs DCIT adds a critical layer of nuance to the stringent disallowance rules under `Section 36(1)(va)`. While the Supreme Court's ruling in Checkmate Services Pvt. Ltd. vs. CIT-1 remains the law of the land r...