Author: Rav Singh

Parallel Proceedings under GST: Supreme Court Misses an Opportunity

Introduction  Recently, the Supreme Court in M/S Armour Security (India) Ltd v Commissioner, CGST, Delhi East Commissionerate & Anr (Armour Security case) clarified scope of the terms ‘proceedings’ and ‘same subject matter’ used in Section 6(2)(b) of the…

Taxation of ESOP-Related Compensation: Reviewing the Flipkart Cases

Introduction  In April 2023, the Board of Flipkart Private Limited (‘FPS’), Singapore decided to pay a one-time voluntary compensation - 43.67 US dollars per stock option - to all the option grantees of its Employee Stock…

The Monsoon of Tax ‘Reform’ 

It’s raining tax ‘reform’. Income Tax Bill, 2025 (‘IT Bill, 2025’) will soon replace the six decades old Income Tax Act, 1961. Goods and Services Tax (‘GST’) will ostensibly be simplified by Diwali of 2025. And we will…

Shelf Drilling Judgment: A Case of Interpretive Disagreements

The Supreme Court in a split judgment left unresolved the long standing issue of interplay between Section 144C-Section 153 of the Income Tax Act, 1961 (‘IT Act, 1961’). The absence of a clear resolution while not ideal, provides…

Case Study | Vodafone v Union of India | 2007-2021 | Perspective of a Tax Lawyer

GST @8: A Journey Via Eight Amendments

Introduction  Goods and Services Tax (‘GST’) came into force eight years ago on 1 July 2017. Eight long, eventful years that have been full of sound and fury. But, do they signify something? Yes and No.…

Liquidation After Approval of Resolution Plan: The IBC Faces Tough Challenges

The Supreme Court within a span of few months delivered two judgments – State Bank of India & Ors v The Consortium of Mr. Murari Lal Jalan and Mr. Florian Fritsch & Anr (Jet Airways) and Kalyani Transco v…

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 reasoning, anchored in consumer protection laws, termed a mandatory service charge as deceptive and misleading…

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 not receive any consideration for such…

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 through a subsequent statement by the State’s legal…