Madras High Court
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Notifications Cannot Go Beyond Recommendations of the GST Council
Madurai Bench of the Madras High Court in M/S Guru and Co v Union of India (‘M/S Guru case’) addressed question about the Union of India’s powers to issue notifications vis-à-vis the GST Council recommendations. And held that…
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Gambling, Skill, and Money: Supreme Court Upends Decades Old Jurisprudence – II
In Part-I, my focus was on contextualising the dispute and providing a background. In this part, let me focus on the Supreme Court’s observations in Junglee Games case. The Supreme Court sub-divided the issues for consideration…
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IBC (Amendment), 2026 Series – IV | The Clean Slate Doctrine: Another Attempt at Laying Down the Law
The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘IBC Act, 2026’) - inter alia - amends the Insolvency and Bankruptcy Code, 2016 (‘IBC’) to underline scope of the clean slate doctrine. IBC Act, 2026 is the second…
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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…
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Long Wait for GSTATs: July 2017 … and Counting.
GSTATs have been envisaged as the first appellate forum under GST laws. And yet, 7.5 years since implementation of GST, not a single GSTAT is functioning. Reason? Many. Some are easy to identify, others are tough…
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Fee for Technical Services: Future Demands Answers
Introduction Tax practitioners tend to refer to Fee for technical services (‘FTS’) and Royalty income in tandem with an intent to highlight the shape shifting nature of both concepts under domestic and international tax law. And…
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ESOPs-Related Compensation Present an Interesting Dilemma
Introduction Employee Stock Options (ESOPs) are typically taxable under the IT Act, 1961 in the following two instances: first, at the time of exercise of option by the employee as a perquisite. The rationale is that the…
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Powers of Arrest under GST: Unravelling the Phrase ‘Committed an Offence’
CGST Act, 2017 provides the Commissioner power to arrest under specific circumstances. Section 69, CGST Act, 2017 states that: Where the Commissioner has reasons to believe that a person committed any offence specified in clause (a) or clause…
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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 levying GST. The High Court distinguished between subsidy offered by a third…
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Supply of Vouchers and GST: Three Decisions and a Defensible Conclusion
This article focuses on the issue raised by M/s Kalyan Jewellers Limited (‘Kalyan Jewellers’) as regards the pre-paid instruments (‘PPI’)/vouchers issued by them to their customers. The claim of Kalyan Jewellers before the Advance Authority (‘AAR’), Appellate body for…
