Articles by Vivek Jalan

Section 69C vs Section 105 of ITA 2025: A Fundamental Shift in Tax Law

Vivek Jalan 22 December 2025 at 06:41

Section 105 of ITA 2025 makes unexplained expenditure additions mandatory, replacing "may" with "shall" and removing judicial discretion under Section 69C.

Six-Year Time Limit for Refund Applies Only to Tax Paid, Not to Payments on Exempt Income

Vivek Jalan 19 December 2025 at 07:02

Guided by Article 265 of the Constitution and the Gujarat High Court ruling in Lt. Col. Nikhil Subodh Gajjar (2025), this analysis explains why the six-year limitation under CBDT Circular No. 9/2015 may not apply where no tax was legally payable, with implications for exempt incomes, trusts, and non-profit organisations.

Accepted Quantum Order but Faced Penalty? Legal Remedies Under Section 271(1)(c) & 270A

Vivek Jalan 18 December 2025 at 06:57

Acceptance of quantum additions does not automatically justify a penalty under Sections 271(1)(c) or 270A. Learn why AOs must clearly specify concealment, inaccurate particulars, under-reporting or misreporting, and how assessees can effectively contest penalties even after quantum proceedings attain finality.

Section 36(1)(va) vs Section 43B: Deduction of Employees' PF/ESI After Checkmate Services

Vivek Jalan 13 December 2025 at 09:08

Supreme Court in Checkmate Services held delayed employees' PF/ESI contribution is not deductible even if paid before ITR filing. ITAT allows 143(1)(a) adjustment, while Delhi HC has issued notice on the constitutional validity of Sections 2(24)(x) and 36(1)(va).

Corporate Guarantee vs Negative Lien: Key Transfer Pricing Clarification by ITAT Delhi

Vivek Jalan 01 December 2025 at 06:47

Understand why a negative lien is not a corporate guarantee and carries no transfer pricing implications, as clarified in the ITAT Delhi ruling in JOGPL Pvt Ltd.

Gujarat HC: Income Tax Dept Cannot Issue 148A Notices Solely on GST Dept Inputs

Vivek Jalan 27 November 2025 at 06:09

High Courts warn the Income Tax Department against issuing 148A notices based solely on GST or Sales Tax Department data, stressing independent verification and inquiry.

Taxpayers Face Heat Over GSTR-3B Ineligible ITC Reporting: Circular 170 in Focus

Vivek Jalan 26 November 2025 at 06:21

A detailed analysis of GST implications arising from Circular No. 170/02/2022, highlighting state-wise SGST notices, ITC reversal and disclosure requirements, time-bar challenges u/s 16(4), rectification limits under Section 39(9), and the growing importance of accurate GSTR-3B reporting to avoid litigation and penalties.

Tax Offences Under the New Income Tax Act 2025: How They Compare With the 1961 Act

Vivek Jalan 25 November 2025 at 06:17

A detailed comparison of key prosecution offences under the Income Tax Act, 1961 and the new Income Tax Act, 2025, including sections on wilful tax evasion, failure to file returns, and non-payment of TDS/TCS.

Contesting disproportionate fines and penalties under Customs

Vivek Jalan 24 November 2025 at 06:22

Fines and penalties under Customs can be disproportionate and may need to be contested. However, to contest these, more is required to be done than merely citin..

GST Notice Service Under Section 169: When Does Portal Upload Become Insufficient?

Vivek Jalan 22 November 2025 at 06:33

The Madras High Court set aside a GST assessment after finding that portal-only notice service was ineffective. Learn what Section 169 mandates, why repeated portal notices aren't enough, and how taxpayers can avoid ex parte orders amid upcoming pre-deposit requirements.