Articles by Vivek Jalan

Machinery Seizure & EPCG Default: Landmark Ruling by CESTAT Hyderabad Bench

Posted by Vivek Jalan 01 May 2026 39 Views

The M/s Sri Havisha Hospitality & Infrastructure Ltd vs Commissioner of Customs, Hyderabad ruling by CESTAT Hyderabad clarifies that export obligation failure under EPCG due to machinery seizure is an act of impossibility not willful default impacting penalties, confiscation, and duty computation.

Filing Appeals Before GSTAT? Avoid These Critical Mistakes from a Landmark Case

Posted by Vivek Jalan 29 April 2026 1419 Views

GSTAT appeal filing explained: Key lessons from Manobendra Ghoshal case on jurisdiction errors, 20% pre-deposit, timelines, and essential strategies taxpayers must follow before Tribunal proceedings.

Section 2(47)(v) & Capital Gains: Determining the Year of Transfer in Property Transactions

Posted by Vivek Jalan 27 April 2026 1297 Views

Understand when capital gains on immovable property are taxable if payments are made in instalments. Learn how possession, not payment or agreement date, determines the year of taxability and indexation, with insights from the Archean Realty Pvt. Ltd. vs DCIT ruling.

Affiliation Fees Under GST: Relief for Universities or Continuing Litigation?

Posted by Vivek Jalan 25 April 2026 119 Views

The Rajasthan Technical University vs Union of India ruling clarifies that university affiliation fees, being statutory levies, may fall outside GST as they are not "consideration" for business activities, though conflicting views like Bharathidasan University vs Joint Commissioner of GST keep the issue unsettled.

Rule 21AGA Introduced: Form 10-IEA Mandatory for Switching Tax Regimes from AY 2024-25

Posted by Vivek Jalan 24 April 2026 1096 Views

CBDT Notification 43/2023 introduces Rule 21AGA and Form 10-IEA for switching between old and new tax regimes from AY 2024-25. Learn updated rules on exemptions, perquisites and depreciation under Section 115BAC.

GST Not Applicable on Leasehold Rights Transfer, Holds Bombay High Court

Posted by Vivek Jalan 23 April 2026 1304 Views

Bombay High Court rules that assignment of leasehold rights is not a taxable supply under GST, treating it as transfer of immovable property; key implications amid ongoing Supreme Court challenge.

Interest Cost: The Next Big Evolution in GST

Posted by Vivek Jalan 22 April 2026 180 Views

Learn about the latest GST changes effective March 2026, including the revised interest calculation formula on delayed tax payments, auto-population of liability in GSTR-3B based on document date and interest recovery through GSTR-10

Taxability of Loan Waiver Explained: Interest vs Principal Treatment in Income Tax

Posted by Vivek Jalan 18 April 2026 267 Views

Understand the taxability of loan waiver in India, including interest and principal components. Learn how courts interpret capital vs revenue receipts with key rulings like Mahindra & Mahindra and TV Sundaram Iyengar, and the importance of the purpose test.

Supreme Court on Section 2(15): Key Rules for GPU Charitable Trusts Explained (2022 Landmark Ruling)

Posted by Vivek Jalan 17 April 2026 118 Views

Supreme Court in Ahmedabad Urban Development Authority (2022) clarifies GPU entities’ tax exemption: limits on commercial activities, 20% receipt cap, cost-based pricing test, and key ITAT rulings shaping Section 2(15) & 11 compliance.

Evolution of IGST/CGST/SGST Utilization. Understanding New Rule from February 2026

Posted by Vivek Jalan 16 April 2026 6667 Views

GST ITC rules updated in 2026: After exhausting IGST credit, taxpayers can now utilise CGST and SGST ITC in any sequence to pay IGST liability. Learn the key changes, legal background and impact on cash flow and compliance.