Tax

Can Stamp Authorities Tax What They Cannot Calculate?

Summary: This blog examines the Gujarat High Court’s reasoning in Chief Controlling Revenue Authority v. Gujarat Organics Limited, wherein the High Court assessed whether stamp duty can be levied when a charge is created by law, but no mechanism is prescribed for computing the duty payable. The Court emphasised that charging and computation provisions go hand in hand and must operate as an integrated code of a valid stamp duty levy. The judgement also reinforces that legislative gaps cannot be bridged through administrative interpretation. This blog will provide insight into the principles governing stamp duty legislation, limits of revenue authorities and the judiciary’s position on preventing levies which are unsupported by a workable statutory framework.  

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Whether payment made pursuant to an Arbitral Award followed by a Court Decree be liable to GST ? Analysis of landmark Bombay High Court Judgment

There are moments in tax litigation when the revenue administration machinery seems to lose sight of first principles. The Bombay High Court judgment in Tata Sons Private Limited v. Union of India & Others, pronounced on April 30, 2026, is one such moment. The Court’s firm, unambiguous rejection of a INR 1,524 crore Goods and Services Tax (“GST“) demand will be cited for years as a corrective to a particular species of over-reach that has afflicted indirect tax administration in India.

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Falling Tariffs & Expanding Horizons: India, US Strike a New Chord

The India-United States economic relationship has often been described as one of considerable promise, constrained by structural hesitation. For decades, the two democracies traded enthusiastically without ever creating a comprehensive framework to anchor that commerce. Now, with negotiations around an India-US Free Trade Agreement (“FTA”) gaining renewed intensity, coupled with the unconventional and transactional approach adopted by the Trump administration, the conversation has shifted from whether such a pact is possible to how transformative it could be.

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SEBI

In October 2022, the Securities and Exchange Board of India (“SEBI”) introduced several amendments to various chapters of its Operational Circular for issue and listing of Non-convertible Securities, Securitised Debt Instruments, Security Receipts, Municipal Debt Securities and Commercial Paper, dated August 10, 2021 (“Operational Circular”), in response to certain representations received by it from various market participants. These modifications appear to be in line with SEBI’s continued efforts to improve the accessibility, fairness, and transparency of the debt securities market.Continue Reading Changes to SEBI’s framework on non-convertible debt securities: A Snapshot

Cross-border ESOP Structures

Employee stock options (“ESOPs”) have been used as an effective retention tool globally. Cross-border ESOP structures can be considered by a variety of global businesses with existing Indian presence and by investors that propose to set up greenfield presence or acquire operating businesses in India. Moreover, Indian companies can also issue ESOPs to employees of their foreign holding, subsidiary or joint venture companies. This article discusses various cross-border ESOP structures and identifies key considerations arising under Indian corporate, foreign exchange and taxation laws. 
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ABOLITION OF DIVIDEND DISTRIBUTION TAX

Introduction

The Hon’ble Finance Minister, Ms Nirmala Sitharaman, had presented the Union Budget for the financial year 2020-21 on February 1, 2020, and introduced the Finance Bill, 2020 (“Bill”) in the Lok Sabha. The Bill comprised of financial proposals, including taxation related proposals, to amend the provisions of the Income-tax Act, 1961 (“IT Act”) for financial year 2020-21. The final Bill, incorporating certain amendments, was passed by the parliament on March 26 and received the assent of the President of India on March 27, 2020, and has now been enacted as the Finance Act, 2020 (the “Finance Act”).

In this post, we are covering the provisions of the Finance Act related to dividends distributed by Indian companies. For the changes impacting the tax on dividend distributions to the unitholders of Real Estate Investment Trust and Infrastructure Investment Trusts please see our earlier post here.
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