India: Sales Taxes: VAT, GST

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Tax law and international tax law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital gains tax, corporate tax, income tax, inheritance tax, national insurance, property taxes, sales taxes, VAT, GST, tax authorities, transfer pricing and withholding tax.
Article
GST Council’s 57th Meeting: Recommendations To Facilitate The Export Of Services And Their Implications For Businesses With Overseas Branches
The GST Council, at its 57th meeting held on 8 October 2026, recommended a package of measures intended to facilitate the export of services from India. For enterprises that deliver services through overseas branches, the most consequential recommendation is the proposed removal of the restriction under which a supply between an Indian establishment and its own foreign branch could not qualify as an “export of services”. The Council has also recommended system-based processing of refunds and a wider eligibility for refund of accumulated input tax credit (“ITC”), both of which bear directly on working capital.
India Tax
LP
Legitpro Law
Article
Unlocking Indian Transfer Pricing Safe Harbour Regime
Aurtus provides comprehensive tax and advisory services spanning direct tax, indirect tax, and international tax matters. Their expertise includes transaction structuring, M&A assistance, IPO advisory, GST compliance, transfer pricing, and specialized services for family offices and GIFT IFSC setups. The firm offers end-to-end solutions for corporate tax planning, dispute resolution, and regulatory compliance across domestic and cross-border transactions.
India Tax
AC
Aurtus Consulting LLP
Article
Ergo Key Highlights | 57th GST Council Meeting
The 57th meeting of the GST Council was held in New Delhi on 8 October 2026 under the chairpersonship of the Union Finance & Corporate Affairs Minister, Smt. Nirmala Sitharaman. While the 56th meeting focused on rate rationalisation and reduction of rates, the 57th meeting made recommendations on process reforms covering registration, returns, refunds and adjudication; clarifications on the applicability of GST to certain goods and services; and other trade facilitation measures.
India Tax
KC
Khaitan & Co LLP
Article
E-way Bill – Absence Of, When Fatal And When Mere Procedural Lapse – Intention To Evade Is The Key
The Lucknow Bench of the GSTAT has issued contrasting rulings in two cases involving goods transported without e-way bills, where the bills were generated only after interception. While one case saw penalties set aside due to procedural lapse in a genuine transaction, the other upheld penalties citing intent to evade tax, raising questions about consistency in judicial interpretation of e-way bill violations.
India Tax
LS
Lakshmikumaran & Sridharan
Article
Shell Companies And Trade-Based Money Laundering: Legal Dimensions Of Fake Invoicing And GST/VAT Fraud In Global Trade
Globalization has undoubtedly transformed the way the world does business. With international trade acting as a key driver of economic progress, goods, services, and capital now move across borders with unprecedented ease. But this seamless flow also presents significant regulatory challenges, particularly in the form of sophisticated financial crimes that exploit the very systems meant to facilitate growth.
India Criminal
ML
MZM Legal
Article
Customs And GST Alert - August 2026
Supreme Court holds that there are no grounds to declare Section 16(2)(c) of the Central Goods and Services Tax Act, 2017 (CGST Act) as unconstitutional, or read down the provisions thereof; Distinguishes judgements delivered in the context of the Delhi Value Added Tax Act, 2004 (Delhi VAT Law) by holding that a purchaser under the Delhi VAT Law and a purchaser under the CGST Act could not be treated at par with each other, in cases where their suppliers fail to pay tax.
India Tax
VA
Vaish Associates Advocates
Article
Manufacture – Grouping Or Fitting Together Of Imported Modules Into Photocopier Machines Does Not Amount To ‘Manufacture’
The Supreme Court has ruled on whether the assembly of imported photocopier modules in warehouses constitutes 'manufacture' under the Central Excise Act, examining the distinction between customs duty classification and excise duty liability. This case addresses the critical question of when simple assembly operations cross the threshold into manufacturing activity for tax purposes.
India Tax
LS
Lakshmikumaran & Sridharan
Article
SC Upholds That Marketing Of Assigned Music Rights For Own Commercial Benefit Is Not A Taxable Service And Ancillary Marketing Obligations Are Not Separately Taxable
The Supreme Court has clarified the service tax treatment of marketing and promotion expenditure incurred by a broadcaster on commercially exploiting acquired music and song video rights. The Court upheld the CESTAT’s view that such expenditure does not represent consideration for any taxable service to the film producers, since the broadcaster promoted the rights for its own benefit as assignee and therefore no taxable service relationship existed.
India Tax
AC
Aurtus Consulting LLP
Article
High Court Of Delhi Holds That Arbitral Award Based On Patent Illegality And Erroneous Application Of Waiver And Estoppel Is Liable To Be Set Aside
The High Court of Delhi through its judgment dated 23.07.2026 in the matter of Spectrum Power Generation Limited v. GAIL India Limited allowed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award rejecting the petitioner’s claim for reimbursement of Goods and Services Tax paid on transmission charges under a Gas Sale Agreement.
India IP
Sagus Legal
Article
Calcutta High Court Distinguishes Between ‘issuance’ And ‘service’ Of Orders Under Section 73 Of The GST Act, Holding That The Limitation Period Attaches To Issuance, And Not Service Of The Order.
In the present case, a show cause notice was issued to M/s M.M. Motors (‘the Petitioner’) on 20 December 2023, alleging tax short-payment/wrong availment of ITC for the period April 2018 to March 2019. The time limit prescribed for passing the adjudication order under Section 73 was extended up to 30 April 2024 through various notifications under Section 168A of the CGST Act.
India Tax
AC
Aurtus Consulting LLP
Article
Punjab High Court Holds That Mere Uploading Of Notice/ Order On ‘View Additional Notices And Orders’ Cannot Be Treated As A Valid Mode Of Its Service
A batch of writ petitions arose from a common grievance that the GST authorities had uploaded show cause notices and order-in-originals only on the GST common portal under the tab “View Additional Notices and Orders,” without serving themin any other effective manner on the taxpayers. The lead matter was CWP-27139-2025, Luxmi Traders v. Union Territory of Chandigarh and Others, and the Court treated it as the lead case for all connected petitions.
India Litigation
AC
Aurtus Consulting LLP
Article
Startup India Scheme: Legal Benefits And Compliance Guide
Since its launch on 16 January 2016, the Startup India Scheme has become the cornerstone of India's entrepreneurship policy, offering tax holidays, funding access, and regulatory relief to eligible new-age businesses. For founders, understanding the legal architecture of this scheme — particularly Department for Promotion of Industry and Internal Trade (DPIIT) recognition — is essential to unlocking benefits worth lakhs, sometimes crores, in tax savings and compliance relief.
India Tax
KS
King, Stubb & Kasiva
Article
Secondary Discounts Under GST: Industry Impact And Parity In Tax Treatment- Part II
In Part I of the Article, we discussed the statutory framework governing post-sale (secondary) discounts and credit notes under the GST regime, especially the requirements of Section 15(3)(b) of the Central Goods and Services Tax Act, 2017 (Act) which proved difficult to reconcile with commercial practices, particularly in industries where discounts were determined after supply due to factors such as sales performance, market conditions or promotional schemes.
India Tax
Shivadass & Shivadass
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