Tax-related disputes arise broadly out of three areas: 1) Tax authorities disagreeing with tax positions adopted by a company on legal grounds; 2)tax authorities disagreeing with tax positions adopted by a company on account of erroneous contract drafting that does not reflect the intended tax positions; 3) Difference in interpretation of tax clauses or tax treatment in a contract.
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Goods and Services Tax (GST) completes two years on 1 July 2019. In that time, taxpayers have mostly focused on avoiding disputes arising out of the first two points. As a result, the third point has hardly received attention either from taxpayers or commentators.
However, there are a number of instances where disputes arise due to the third point.
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Sudipta Bhattacharjee is a partner and Kanupriya Bhargava is a principal at Advaita Legal.
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