Articles by Vivek Jalan

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Role of Compensatory Penalties in Business Regulation and the Pitfalls of Punitive Measures

Posted by Vivek Jalan 12 December 2023 1044 Views

Penalty is allowed if it is compensatory and teaches the assessee how to run its business in future. It is disallowed if it is a punishment for intentional violation of a law



Exploring the Resale Method in Transactions with Limited Value Addition by Distributors

Posted by Vivek Jalan 08 December 2023 1070 Views

Resale method appropriate in Transfer Pricing where there is no Value Addition to traded goods by the distributor



Strategic Considerations in Capital Asset Transfers: Pre and Post AY 2017-18 Perspectives

Posted by Vivek Jalan 07 December 2023 2079 Views

Determination of date of transfer of capital asset before and after AY 2017-18... where two AYs are involved



GST DRC-01 and DRC-07 Notices/Orders Served Beyond the Portal

Posted by Vivek Jalan 30 November 2023 13414 Views

Serving Of GST Notices In Form GST DRC-01 And Order In Form GST DRC-07 Other Than On The GST Portal Renders Notices/Orders Illegal



Can a Charitable Institution Register Without Prior Registration Under Another Law?

Posted by Vivek Jalan 17 November 2023 1138 Views

Does the Income Tax Law debar a charitable institution from getting registered until it is registered under another Law?



RBI's Move Towards Direct Regulation: Impact on Cross Border Payment Aggregators

Posted by Vivek Jalan 11 November 2023 1554 Views

Cross border Payment Aggregators like Amazon (Pay) India, Google India, Razorpay, Pine Labs, PayPal, Cashfree, Paymate, etc to be directly regulated by RBI now



Income Tax bitter pill for the business of prescription of medicines

Posted by Vivek Jalan 07 November 2023 3369 Views

Not every doctor is corrupt and not every pharmaceutical firm resorts to unethical means to sell their products. However, there is no denying that a large number of doctors and medical companies adopt unfair means. Even the Supreme Court frowned at the expenses incurred on sales promotion of certain medicines



Tax Planning vide colourable device u/s 45(3) not allowed?

Posted by Vivek Jalan 01 November 2023 2095 Views

Is tax planning an offence or not? From the Apex Court's decision in the case of Union of India vs. Azadi Bachao Andolan [2003] 263 ITR 706 (SC), it is transpired that once the transaction is genuine, merely because it was entered into with a motive to plan tax, it would not become a colourable device, nor does it earn any disqualification.



Analysis of taxability of personal guarantee and corporate guarantee under GST from October 2023

Posted by Vivek Jalan 30 October 2023 4031 Views

Whether GST on Corporate guarantees provided by one person to another is applicable retrospectively or prospectively from 26th October 2023?



GST Treatment of Gold Coins & White Goods as Dealer Incentives

Posted by Vivek Jalan 27 October 2023 2084 Views

Gold Coins / white goods given free by principals to dealers for achieving targets are supply under GST




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