[Prakruthi Jain is a 3rd year B.A., LL.B. (Hons.) student at NALSAR University of Law, Hyderabad] The Goods and Services Tax (“GST”) was introduced by the 101st Amendment Act in 2016. This was followed by the introduction of the four Acts, i.e., the Central Goods and Services Tax Act (“CGST”), the Integrated Goods and Services Act (“IGST”), the Union Territories Goods and Services Tax Act (UTGST)...
Rethinking Interest on TDS/ TCS Credit under GST Law in India: Part 2
[Manohar Samal is an Associate Advocate at Ratan Samal & Associates, Mumbai and a Panel Arbitrator at the Indian Institute of Arbitration and Mediation. This is continued from Part 1] Current Mechanism for Levy of Interest Now that the basic outline of the GST law in India has been discussed, the manner of levy of interest under the GST statutes can be discussed. The CGST Act, 2017 envisages...
Rethinking Interest on TDS/ TCS Credit under GST Law in India: Part 1
[Manohar Samal is an Associate Advocate at Ratan Samal & Associates, Mumbai and a Panel Arbitrator at the Indian Institute of Arbitration and Mediation] The concept of interest under tax law has been one of the most significant sources of compensating the Government treasury for non-compliance with tax statutes in India. The most common forms of non-compliance for which interest is levied on...
Secondment Taxation and the Northern Operating Systems Case
[Sumanth Sudharshan is a fourth-year B.B.A.,LL.B. student at Jindal Global Law School, Sonepat] Secondments are employment arrangements where an organization sends its employees to another organization to work for them. With more businesses operating globally, secondments allow companies to hire from associated entities for specialized skills or specific technical requirements. Secondments are...
Non-Discrimination Clauses: Harmonising the ITA and Double Tax Avoidance Agreements
[Rudra Shankar is an associate at Shardul Amarchand Mangaldas & Co. and Dyuthi Sutram is a fourth-year B.B.A. LL.B. (Hons.) student at Symbiosis Law School, Pune] Double tax avoidance agreements (‘DTAA’) most often include a ‘non-discrimination clause’, which states that no national from one contracting state, or permanent establishment which an entity of a contracting state has in the other...
Will the Budget Proposal to Reduce Appeals by the Revenue Department Make Tax Litigation More Efficient?
[Surya Prakash BS is a chartered accountant and law graduate working at DAKSH, a non-profit working on transforming the law and justice systems. He has handled finance and tax functions at corporates in his previous roles. Views are personal] The 2022 Union Budget makes one more attempt to reduce the volume (the number of cases) and velocity (frequency of filing) of income tax litigation. The...
Analysing the Taxation Laws (Amendment) Act, 2021
[Arya Mittal is a 3rd year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Raipur. The author would like to thank Dr. Anindhya Tiwari for his valuable inputs in the article.] The Taxation Laws (Amendment) Act, 2021 recently received the President’s assent. The amendment came nearly nine years after some provisions were introduced in taxation laws that retrospectively taxed...
Provisional Attachment Orders under GST: Exception or the Norm?
[Amritesh Anand is a penultimate year student at NALSAR University of Law, Hyderabad] Enforcement authorities under the GST regime have been vested with a powerful tool under section 83 of the Central Goods & Services Tax Act, 2017 (“CGST Act”) to carry out provisional attachment of property of assessees. The rationale is to ensure that Government interest in revenue is not prejudiced by...
Taxing the Fund Managers: The Future of Pass-Through Status of Trusts
[Shambhavi Sinha is a final year B.B.A., LL.B. (Hons.) student at Symbiosis Law School, Pune] The Securities and Exchange Board of India (“SEBI”) allows an Alternative Investment Fund (“AIF”) to be constituted as a trust, a company, a limited liability partnership (“LLP”), or a body corporate under the SEBI (Alternative Investment Funds) Regulations, 2012 (the...
Coveted Tax Relief For Covid-Care Policies: An Employers’ Perspective
[Kavya Mathur and Pragya Chandak are law graduates from National Law University, Jodhpur] The unprecedented Covid-19 health crisis has had a grim impact on all facets of life, including the disruption of business, people’s livelihoods and even the loss of life. While employers are persevering to stay afloat themselves, there is undoubtedly also an element of altruism and sincere concern for the...
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