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Indian Tax Law and Policy

The aim of this blog is to discuss developments in Indian tax law and policy. I try to cover three major categories of tax law and policy: direct tax, indirect tax, and constitutional aspects of tax.

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Case Briefs – Direct Tax

Section 71(3A), IT Act, 1961 is Constitutional: Delhi HC

In a recent judgment, the Delhi High Court held that Section 71(3A), IT Act, 1961 was constitutional and did not violate Art 14 and/or Art 19(1)(g) of the Constitution. The Hi…

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Taxation of Perquisites: SC Rules on Constitutionality

Challenge  In a recent judgment, the Supreme Court ruled on constitutionality of Section 17(2)(viii), IT Act, 1961 and Rule 3(7)(i), IT Rules, 1962 which include concessi…

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Not Providing Opportunity of Being Heard Vitiates Order Imposing Penalty: Raj HC

In a recent decision, the Rajasthan High Court held that the petitioner’s representation – filed under Section 270AA, IT Act, 1961 – for waiving the penalty imposed unde…

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Delhi HC Disallows Disclosure of PM Cares Fund Documents Under RTI Act, 2005

The Delhi High Court in a recent judgment allowed the Income Tax Department’s appeal against the Central Information Commission’s (‘CIC’) order directing the respondent b…

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Case Briefs – Indirect Tax

JDAs Not Exempt from GST: Telangana HC

The Telangana High Court in a recent judgment clarified that Joint Development Agreements (‘JDA’) between developer and landowner do not transfer ownership rights but onl…

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Penalties for e-way bills cannot be imposed in absence of Mens Rea: Allahabad HC

The Allahabad High Court in a recent judgment took the view that the GST Department cannot impose a penalty on taxpayers – under Section 129(3), CGST Act, 2017&nbsp…

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Post-Supply Discounts Cannot be Included in Transaction Value: Madras HC

The Madras High Court recently observed that post-supply discounts offered by a supplier to the recipient cannot be included in the transaction value/value of supply for …

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NAA is Constitutional, Individual Orders Can be Challenged on Merits: Delhi HC

Introduction  This post focuses on the Delhi High Court’s recent judgment upholding the constitutionality of NAA, a statutory body established under Section 171, CGS…

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Case Briefs – Constitution &Tax

Bombay High Court Decides a ‘Peculiar Case’: Orders Refund of Tax Paid Under Protest

The Bombay High Court recently adjudicated a case[1] it termed as ‘peculiar’ and ordered that the Revenue Department should refund the tax paid by petitioner under protest. Th…

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Supreme Court Opines on Nature of Section 19 of 101st Constitutional Amendment

In a recent judgment[1], a Division Bench of the Supreme Court engaged in depth with the scope, meaning, and implication of Section 19 of The Constitution (101st Amendment) Ac…

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Patna High Court Upholds Constitutionality of Section 16(4), CGST Act, 2017

In a recent judgment[1], the Patna High Court upheld the constitutionality of Section 16(4), Central Goods and Services Tax Act, 2017 (‘CGST Act’) and Bihar Goods and Services Tax …

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Compounding Fee is Not Tax

In a recent judgment[1], the Delhi High Court clarified that merely because appellants paid a compounding fee after initiation of legal proceedings against them, does not permit th…

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Articles

Single Administrative Interface under GST: Identifying Two Rough Patches  

GST is a dual nationwide tax implying that both the Union and States concurrently levy it on supply of goods or services. While a single indirect tax jointly administered by the Un…

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SAAR v/s GAAR: Inauguration of an Interpretive Dilemma 

In a recent decision, the Telangana High Court dismissed petitioner’s contention that General Anti-Avoidance Rule (‘GAAR’) cannot be applied by the Income Tax Department since…

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Yin-Yang Nature of ITC and Supplier-Purchaser Obligations

In a recent decision, the Kerala High Court upheld constitutionality of Section 16, CGST, 2017, specifically Section 16(2)(c) which restricts the ITC of a purchasing dealer (‘…

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