Shimla HC Decodes Scope of Sec 43-B, IT Act, 1961
In a recent judgment, the Shimla High Court had to adjudicate on the conditions prescribed in Section 43-B, IT Act, 1961 for an assessee to claim deductions. The issue related…
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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.
Case Briefs – Direct Tax
Direct Tax
Direct Tax
Issuance of Shares under Amalgamation Scheme is Not Transfer of Property: ITAT
The Rajkot Bench of ITAT recently ruled that issuance of shares under a scheme of amalgamation does not amount to transfer of capital assets under IT Act, 1961. The Asses…
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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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Direct Tax
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…
Read MoreCase Briefs – Indirect Tax
Indirect Tax
CERC Is Exempt from GST: Delhi HC
The Delhi High Court in a recent judgment held that the Central Electricity Regulatory Commission and Delhi Electricity Regulatory Commission (‘Commission’) were not liab…
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Indirect Tax
Assignment of Leasehold Rights is Immovable Property under GST: Guj HC
Introduction In a recent and much discussed judgment, the Gujarat High Court has held that assignment by sale and transfer of leasehold rights of a plot of land amounts …
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Indirect Tax
Telecommunication Towers are Movable Property under GST: Delhi HC
The Delhi High Court in a recent decision held that telecommunication towers are best characterized as movable property under Section 17(5), CGST Act, 2017 and are eligib…
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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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Constitution and 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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Constitution and Tax
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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Constitution and Tax
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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Constitution and Tax
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
Service Charge, its Similarity with Tax, and a ‘Double Whammy’ for Consumers: Some Thoughts
Introduction The Delhi High Court (‘High Court’) recently ruled that levy of mandatory service charge by restaurants violates customer rights. The High Court’s reas…
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Articles
Fraudulent Sale is Supply Under GST: Three Errors of the Advance Ruling
A recent advance ruling by Gujarat AAR is a frustrating read. AAR held that sale by a seller constitutes as supply under GST laws even if the seller was defrauded and did…
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Articles
Legislative Intent or Error: Puzzle of Indian Tax Policy
Introductory Questions Let me start with a question: how does one discover legislative intent in a provision of tax statute? Through a plain reading of the provision or throu…
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