Goods and Service TaxArticle·21 April 2026
The Resurgence of Economic Substance in the form over substance issue
By J the App
Executive Summary
The debate on Form Over Susbtance, now extends beyond characterization to include economic benefit and implicit quid pro quo, raising fundamental questions on how transactions should be taxed in India’s indirect tax regime.
Tax jurisprudence has historically oscillated between two competing doctrines:
• Form over substance: respecting the le...
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