Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB Law CorpDate: 08/05/2026 Introduction: The Never-Ending ITC Controversy Few aspects of the GST regime have generated as much litigation and commercial uncertainty as Input Tax Credit (“ITC”). Designed as the backbone of GST and the mechanism intended to eliminate cascading of…
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Beyond Nomenclature: Substance Over Form in Employer–Employee Relationships under GST
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB Law CorpDate: 30/04/2026 Introduction: When Labels Collide with Legal Reality One of the recurring themes under GST litigation is the tendency to determine taxability based on nomenclature rather than the true nature of a transaction. This issue becomes particularly significant in…
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Director’s Liability Revisited: Supreme Court Clarifies the Limits of Vicarious Responsibility Across Fiscal Laws
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpDate: 28/04/2026 Introduction: When Responsibility Is Assumed Without Role In an era of heightened regulatory scrutiny and aggressive enforcement, directors are increasingly being drawn into litigation for acts carried out in the name of the company. This expanding net of liability…
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Legislative Competence and the Limits of State Excise Department
Author: Ashwarya Sharma, Advocate & Co-Founder, RB LawCorpDate: 15/04/2026 Introduction: When Power Extends Beyond Its Source In public law, every exercise of power-whether legislative, executive, or delegated-must trace its origin to constitutional authority. Yet, in practice, regulatory frameworks often expand in the name of control and compliance, sometimes stepping beyond…
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One Nation, Many Jurisdictions? A Canon Moment for GST and the Pandora Box of “Proper Officer” Enforcement
Author: Ashwarya Sharma, Advocate & Co-Founder, RB LawCorpDate: 10/04/2026 Introduction: When Jurisdiction Travels Beyond Borders In a tax regime built on seamless flow and destination-based principles, jurisdiction is meant to be precise—not expansive. Yet, a critical question continues to surface under GST enforcement: Can an intermediary State assume jurisdiction merely…
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Doctrine of Substantive Compliance: Concessional Rates and ITC Reversal in GST
Author: Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorpDate: 09/04/2026 Introduction: Substance Over Form in GST Compliance The recent decision of the Madras High Court in GU Shipping India Pvt. Ltd. v. Assistant Commissioner of CGST brings renewed focus to a crucial principle in GST jurisprudence – whether…
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Taxation by Executive? Lessons for India from US Supreme Court Decision in Trump Tariff Matter
Author: Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorpDate: 09/04/2026 Introduction: When Regulation Meets Taxation The recent decision of the United States Supreme Court in the Trump Tariff matter has reignited a foundational constitutional debate – can executive power to regulate extend to the power to tax? At…
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Everyday GST Fixes under FA, 2026
Author: Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorpDate: 01/04/2026 Introduction: From Structural Reform to Practical Efficiency The enactment of the Finance Act, 2026 marks another step in the steady evolution of India’s GST regime. Unlike the pre-GST era, where Union Budgets served as the primary vehicle for…
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Doctrine of Merger in Tax Litigation: Navigating Finality, Precedent and SLP Jurisprudence under GST
Author: Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorpDate: 25/03/2026 Introduction: When Finality Is Misunderstood in Tax Litigation In the architecture of tax litigation, where disputes traverse multiple forums ranging from adjudicating authorities to appellate bodies, tribunals, High Courts and ultimately the Supreme Court, the question that often…
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Input Service Distributor under GST: Madras High Court Clarifies the Interplay between Entitlement and Distribution of ITC
Author: Ashwarya Sharma, Advocate | Co-Founder & Legal Head, RB LawCorpDate: 20/03/2026 Introduction: When Procedure Challenges Substance The Goods and Services Tax (GST) framework was designed to ensure a seamless flow of input tax credit (ITC) across the supply chain. However, as the law has evolved in its application, procedural…