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Recalibrating Sovereignty: India’s Crossroads in International Tax Arbitration
The author is Utkarsh Shukla, a Second Year Student from Rajiv Gandhi National University of Law . Abstract: The article examines the...
Utkarsh Shukla
Aug 1610 min read
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Functionality Test Under Siege: Legislative Override of Judicial Interpretation in Safari Retreats
The Goods and Services Tax Act, 2017 (GST) seeks to eliminate the cascading effect of taxes in the previous service taxes regime through the Input Tax Credit (ITC) mechanism. The credit given to the businesses aims to lower the cost of running a business, thereby giving an impetus to the furtherance of business. The credit is utilized by the registered business to pay off the tax liability via electronic credit ledger. There are some prerequisites to avail such ITC enshrined
Shubhanshi Suman
Aug 612 min read
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Dream 11 in the land of Lagaan: Navigating the legal landscape of the Online Gaming Industry in India
India's online gaming industry, a dynamic intersection of technology, entertainment, and law, is undergoing rapid growth, propelled by widespread smartphone use and affordable internet access. This paper examines the sector's challenges, particularly the regulatory shifts following the introduction of a uniform 28% Goods and Services Tax (GST) on online gaming activities. Historically, India's legal framework distinguished between games of skill and games of chance, offering
Rishika Jitendra Gupta
Aug 615 min read
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The Price of Equality: Reimagining India's Tax System as a Tool of Social Justice
India’s tax system stands at a moral and constitutional crossroads. Conceived as an instrument for advancing substantive equality and social transformation, taxation has increasingly become a tool of structural exclusion, entrenching inequality, shielding elite wealth, and marginalising the vulnerable. This article undertakes a critical examination of India’s fiscal architecture through the prism of constitutional values, democratic accountability, and redistributive justice.
Samridhi Goyal
Aug 129 min read
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Taxing Unrealized Capital Gains: A Progressive Taxation Measure or An Irrational Taxing Adventure
With the growing trends of Multinational Companies employing Debt financing instead of equity financing, not only the capital structure of the Companies were distorted, but also the problem of profit shifting and base erosion occurred. Even though the origin of the implementation of thin capitalisation rules in India can be traced back to OECD guidelines, there were a handful of nations that had implemented the rule even before the OECD had acknowledged the problem. What has
Rishi A. Kumar
Jul 428 min read
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Thin Capitalisation Rule in India
With the growing trends of Multinational Companies employing Debt financing instead of equity financing, not only the capital structure of the Companies were distorted, but also the problem of profit shifting and base erosion occurred. Even though the origin of the implementation of thin capitalisation rules in India can be traced back to OECD guidelines, there were a handful of nations that had implemented the rule even before the OECD had acknowledged the problem. What has
Barsha
May 1218 min read
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Comparative Analysis Of The Reassessment Regime Under The Finance Bill (2), 2024 And Pre-Existing Law
After the proposal of the new Financial Bill (No.2), in 2024, a lot of new avenues have been opened. The previous income tax act, 1961 po...
Samvardhan Tiwari & Prassiddhi Sachdeva
Feb 2423 min read
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Non-Compete Covenant Expenditure: Capital or Revenue? - Tax Implications Unveiled
The ambiguous realm of classifying the money expended for non-competing covenants has been under scrutiny for decades. It has led to vari...
RR Shree Nikesh & K Vignesh Raj
Dec 21, 202416 min read
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