Articles by Vivek Jalan

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.

Non-Filing of ITR and Non-Payment of Taxes May Lead to Prosecution u/s 276C

Vivek Jalan 21 November 2025 at 06:27

Non-filing of ITR or non-payment of taxes can trigger prosecution under Section 276C of the Income Tax Act for willful tax evasion. Penalties include rigorous imprisonment up to 7 years and fines, especially where evasion exceeds Rs 25 lakh.

Short SCN Response Time Leads to Quashing of GST Demand Order Under Section 75(4)

Vivek Jalan 19 November 2025 at 06:41

A GST demand order passed without granting a personal hearing violates Section 75(4) of the CGST Act and the principles of natural justice, as reaffirmed by the Gauhati High Court in Diganta Kumar Deka v. State of Assam. The court set aside the DRC-07 order and allowed de-novo proceedings with adjusted limitation.