Market Intelligence

Article
Judicial Clarity On Interest Deferment Under MOOWR: A Review Of Rajasthan HC Decision In Commissioner v. Acme Aklera Power Technology
The article examines the Rajasthan High Court’s recent decision on interest demands for unused goods imported under MOOWR and cleared ‘as such’. It explains that Section 61(2) of the Customs Act, 1962 applies only to goods under Section 61(1)(c), not qualifying manufacturing goods under clauses (a) and (b).
IndiaTax
Lakshmikumaran & Sridharan
Article
Indirect Tax - Sep - Oct 2026
The GST Portal issued an advisory dated 19 September 2026 providing advance information regarding the introduction of emSigner version 3.3 for taxpayers and tax officers using Digital Signature Certificates (DSCs) on the portal. The new version is intended to ensure compatibility with USB dongles issued on or after 21 September 2026. Users with existing valid DSCs whose tokens continue to function normally may continue using their current emSigner version.
IndiaTax
King, Stubb & Kasiva
Article
ITAT Holds Buyback Of Vested But Unexercised ESOPs Taxable As Capital Gains, Not Perquisite
When an employee gets paid for giving up stock options, where does that money really come from? Is it the job, or is it the employee's rights in the options themselves? The answer decides whether the payment is taxed as salary or as capital gains, and the gap in tax between the two can be large.
IndiaTax
Legitpro Law
Article
Who Bears The Tax Risk? A Guide To Negotiating Tax Indemnities And Warranties In Indian M&A Deals
Ask any deal lawyer which part of the share purchase agreement eats up the most time on negotiation calls, and a good number will say it is not the price, nor even the long-stop date. It is the tax schedule. The reason is simple. A company’s tax history does not end on the day of completion. Assessments get reopened, transfer pricing adjustments arrive years later, and a GST demand can land on the buyer’s desk long after the seller has moved on and the sale proceeds have been distributed to investors.
IndiaTax
Legitpro Law
Article
Does Your GCC Make Your Foreign Parent Taxable In India? Understanding Permanent Establishment Risk For Global Capability Centres
Over the last few years, India has become the preferred location for Global Capability Centres. Multinationals from the United States, Europe, Japan and Australia are setting up large captive units in Bengaluru, Hyderabad, Pune, Chennai and the Delhi NCR region, and these units now do much more than back-office support. They run product engineering, analytics, cybersecurity, finance operations, risk functions and, increasingly, AI and research work.
IndiaTax
Legitpro Law
Article
Transportation Of Goods – No Penalty Under Section 129 For Taking Longer Route While Also Entering Into Another State
The GSTAT Bench at Varanasi examined whether choosing a longer route to avoid difficult terrain constitutes tax evasion, particularly when a taxpayer enters another state without delivering goods there. The tribunal analyzed the validity of transportation documents and the taxpayer's intent in route selection under GST law.
IndiaTax
Lakshmikumaran & Sridharan
Article
Refund Of ITC On Exports – Computation Of ‘Net ITC’ Under Rule 89(4) – Credit Pertaining To Earlier Period But Reversed During Relevant Period Not To Be Deducted From Credit Availed
The GSTAT Ranchi Bench has ruled on the interpretation of 'input tax credit availed' under Rule 89(4)(B) of the CGST Rules for determining 'Net ITC' in refund claims under Section 54(3) of the CGST Act. The Tribunal rejected the Department's position that ITC reversed must be deducted from ITC availed during the relevant refund period, holding that credit reversed from earlier periods cannot reduce the ITC calculation for a different refund period.
IndiaTax
Lakshmikumaran & Sridharan

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Judicial Clarity On Interest Deferment Under MOOWR: A Review Of Rajasthan HC Decision In Commissioner v. Acme Aklera Power Technology

Indirect Tax - Sep - Oct 2026

ITAT Holds Buyback Of Vested But Unexercised ESOPs Taxable As Capital Gains, Not Perquisite

Who Bears The Tax Risk? A Guide To Negotiating Tax Indemnities And Warranties In Indian M&A Deals

Does Your GCC Make Your Foreign Parent Taxable In India? Understanding Permanent Establishment Risk For Global Capability Centres

Transportation Of Goods – No Penalty Under Section 129 For Taking Longer Route While Also Entering Into Another State

Refund Of ITC On Exports – Computation Of ‘Net ITC’ Under Rule 89(4) – Credit Pertaining To Earlier Period But Reversed During Relevant Period Not To Be Deducted From Credit Availed

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This week's Intelligence highlights

Direct Tax Newsletter - Sep - Oct 2026

Ergo Key Highlights | 57th GST Council Meeting

Indirect Tax - Sep - Oct 2026

Supreme Court Clarifies Non-Binding Nature Of CBDT Circulars On Courts

Does Your GCC Make Your Foreign Parent Taxable In India? Understanding Permanent Establishment Risk For Global Capability Centres

Taxing The Trust: What India’s REIT And InvIT Tax Reforms Mean For Investors

Foreign Assets Of Small Taxpayers Disclosure Scheme, 2026

Customs And GST Alert - October 2026

Judicial Clarity On Interest Deferment Under MOOWR: A Review Of Rajasthan HC Decision In Commissioner v. Acme Aklera Power Technology

Faster To Arbitration, Still Shut Out On Tax: What India's New Investment Treaties Mean For Foreign Investors

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