Tax Archives

“In a taxing statute, it is the plain language of the provision that has to be preferred”. APMCs liable to pay service tax under the category of ‘renting of immovable property service’: SC

Supreme Court: In the instant appeals, the Market Committees located in Rajasthan raised their grievance over the decision of CESTAT that respective

Case Briefs High Courts

Cal HC │ No intention of any evasion of tax; Court directs refund of penalty and tax paid on protest

Calcutta High Court: Md. Nizamuddin, J. decided on a petition which was filed challenging the impugned order of the appellate commissioner confirming

Experts Corner Tarun Jain (Tax Practitioner)

India Proposes to Tax Crypto Assets: A Review

by Tarun Jain†
Cite as: 2022 SCC OnLine Blog Exp 12

Case Briefs Supreme Court

Traffic blockage due to agitation, failure to deliver consignment within validity period of e-way bill; SC imposes cost of Rs. 59000 on Sales Tax Officer for illegally imposing penalty

“When the undeniable facts, including the traffic blockage due to agitation, are taken into consideration, the State alone remains responsible for not providing smooth passage of traffic.”

Case Briefs Supreme Court

State ‘exclusivity’ for disallowance of certain fee, charge, etc. is to be viewed from the nature, not the number of undertakings on which the levy is imposed: SC

Supreme Court: The Division Bench of R. Subhash Reddy* and Hrishikesh Roy, JJ., held that to determine State Monopoly for disallowance of

Op Eds OP. ED.

Taxation of Cryptocurrency in India

by Vaibhav Garg*

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can merely disowning bank accounts exempt assessee from paying tax? Read why ITAT approved addition of Rs 12.81 Crores under S.68 of Income Tax Act

Income Tax Appellate Tribunal (ITAT), New Delhi: Stating that, “Urgent needs invite urgent action”, Amit Shukla, Judicial Member and Dr B.R.R. Kumar,

Experts Corner Tarun Jain (Tax Practitioner)

Claiming Refund Sans Challenge to Assessment in Customs Law: The Controversy Explained

by Tarun Jain†

Cite as: 2022 SCC OnLine Blog Exp 4

Experts Corner Tarun Jain (Tax Practitioner)

What’s There in the Name? Exploring Relevance of Nomenclature in Tax Laws

by Tarun Jain†

Op Eds OP. ED.

The Golden Rule of Interpretation and Section 254(2-A), Income Tax Act

by Ananya Sharma†

Case Briefs

Maha AAR | Whether GST will be payable on amount collected as fees from ‘Members’ of a ‘Club’ as monthly contribution? Detailed Report

Maharashtra Authority for Advance Ruling: The Bench of Rajiv Magoo, Additional Commissioner of Central Tax (Member) and T.R. Ramnani, Joint Commissioner of

Case Briefs High Courts

[CGST Act] Kar HC directs to consider refund application by Swiggy for the amount paid allegedly under duress and coercion during investigation

Karnataka High Court: S. Sunil Dutt Yadav J. disposed off the petition and reinstated an observation “If any money is due to

Case Briefs Supreme Court

Nomenclature of a Tax does not determine the nature of the levy or its true character: Supreme Court

Supreme Court: The 3-judg bench of Dr. DY Chandrachud*, Vikram Nath and BV Nagarathna, JJ has upheld the validity of Sections 52

Experts Corner Khaitan & Co

India and Retrospective Tax on Indirect Transfers: Burying the Hatchet

by Indruj Singh Rai† and Hardeep Singh Chawla††
Cite as: 2021 SCC OnLine Blog Exp 75

Experts Corner Tarun Jain (Tax Practitioner)

Supreme Court emphasises on Simplification of Tax Law

by Tarun Jain†
Cite as: 2021 SCC OnLine Blog Exp 72

Advance Rulings Case Briefs

Supplying coaching services along with printed material, test papers, etc., Whether supply of goods or services: Raj AAR explains how to determine cases of composite supply

Rajasthan Authority for Advance Ruling, GST: Bench of J.P. Meena (Member Central Tax) and M.S. Kavia (State Tax) determined whether supplying of coaching

Legislation Updates Rules & Regulations

Income-tax (29th Amendment) Rules, 2021

On September 13, 2021, the Central Board of Direct Taxes notifies Income-tax (29th Amendment) Rules, 2021 to amend Income-tax Rules, 1962. The

Case Briefs Supreme Court

Interest free funds not kept in separate account. Can proportionate disallowance on interest under Section 14A of IT Act be allowed? SC explains

“… in taxation regime, there is no room for presumption and nothing can be taken to be implied.”

Foreign Legislation Legislation Updates

New York | New guidance on Pass through Entity Tax

New York Department of Tax and Finance has issued a new guidance on Pass through Entity Tax on August 25, 2021. The

Advance Rulings Case Briefs

Whether reimbursement by Industry Partner to Third Party Aggregator of stipend paid to trainees, would attract GST? Comprehensive report on MahaGST’s decision

Maharashtra Authority for Advance Ruling (MahaGST): The Bench of Rajiv Magoo Joint Commissioner of Central Tax and T.R. Ramnani, Joint Commissioner of