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Views on Indian Commerical Laws with a focus on Tax and Insolvency Law.

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Two Certainties

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 for consumers. The High Court also made a few casual references to tax laws. For example, the High Court… Read More »theleagle.in

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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 goods. In this article, I argue that there are three obvious errors in the advance ruling, which encompass flaw… Read More »theleagle.in

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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 counsel stating its intent? Positivist thinking would point us to the former, and rightly so. A statement, even a… Read More »theleagle.in

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When A Princess Worried About Tax on Alimony

All things in life have a tax angle, including alimony payments. In this article I elaborate on tax treatment of alimony payments under the Income Tax Act, 1961 (‘IT Act, 1961’). Upfront, these are the three takeaways from this article:  first, a lump sum payment of alimony amount is not taxable in the hands of… Read More »theleagle.in

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