Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Reasonable period for GST tax-collection notices remains fact-dependent and is examinable through the statutory appellate remedy.
Section 76 requires amounts collected as tax to be remitted to the Government but sets no deadline for issuing a show cause notice, although an order must follow within one year of notice. The resulting reasonable-period inquiry is fact-dependent and can be examined in statutory appeal. Where detailed adjudication follows a taxpayer's reply and hearing, the alternative statutory remedy ordinarily remains the appropriate forum; writ intervention despite an available appeal is exceptional. (AI Summary)
Author
Date 05 Oct 2026
Like 0 Bookmark
GST taxability of leasehold assignments must be determined before input tax credit restrictions and fraud-based recovery provisions apply.
Taxability must be determined before input tax credit eligibility. A blocked-credit inquiry presupposes a taxable inward supply on which tax has been lawfully charged. Where an assignment is outside the charge of GST, denial or reversal of input tax credit cannot retain the economic burden of an invalid levy. The restriction on credit for construction of immovable property applies only where expenditure has a clear nexus with construction-related activity on the taxable person's own account. Acquisition of existing leasehold rights without construction does not satisfy that requirement merely because the rights concern land. (AI Summary)
Author
Date 05 Oct 2026
Like 0 Bookmark
Construction ITC limitation may exclude bona fide litigation time when taxpayers pursue past-period GST credit claims.
Past-period construction ITC claims may be placed before the Adjudicating Authority with a request to exclude time spent in bona fide writ proceedings under Section 14 of the Limitation Act when applying the statutory ITC time limit. The claim is not automatic: eligibility requires factual application of the functionality test, compliance with other conditions, and consideration of the retrospective substitution of 'plant and machinery' in the own-account restriction. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
Judicially led tribunal appointments establish transparent selection, independent oversight, and uniform service conditions across specified tribunals.
The reforms establish a judiciary-led National Tribunals Commission as a permanent mechanism for tribunal selections, performance review and disciplinary oversight. Judicially led search-cum-selection committees, transparent processes, expert assessment, financial and administrative independence, and a five-year tenure seek to reduce executive discretion and strengthen professional competence. A common framework governs qualifications, appointments, salaries and allowances, resignation, removal and other service conditions across sixteen specified tribunals and appellate bodies. (AI Summary)
Date 03 Oct 2026
Like 0 Bookmark
GST adjudication safeguards bar demands exceeding show-cause notices and require hearings, reasoned orders, and valid service.
GST adjudication safeguards require personal hearing before an adverse decision, confinement of the adjudicated demand to the demand proposed in the show-cause notice, reasoned consideration of the taxpayer's reply, and service through legally valid modes. Personal hearing is mandatory where an adverse decision is contemplated. An adjudication order cannot confirm a demand beyond that proposed in the show-cause notice, and orders must address the taxpayer's response and disclose their factual basis and reasoning. (AI Summary)
Date 03 Oct 2026
Like 0 Bookmark
Post-import authorisation permits clearance of warehoused goods when a valid authorisation accompanies the ex-bond home-consumption entry.
Post-import authorisation is available only through a warehousing route: the importer must file an into-bond Bill of Entry, execute the warehousing bond, and retain goods under Customs control while obtaining the authorisation. Clearance for home consumption requires an ex-bond Bill of Entry accompanied by the valid authorisation, with duty benefits assessed at that stage. The facility principally concerns freely importable goods and does not regularise prohibited goods; restricted and State Trading Enterprise imports are excluded unless specific relaxation is granted. (AI Summary)
Date 03 Oct 2026
Like 0 Bookmark
AMP expense benchmarking cannot be separated when TNMM includes those costs and establishes arm's-length international transactions.
Where AMP expenses form part of operating costs and international transactions have been tested as arm's length under TNMM, separate benchmarking of AMP as an independent international transaction is not supported. Segregating AMP through an additional cost-plus analysis or bright-line approach may distort the operating-margin analysis. A receivables adjustment requires verification whether working-capital adjustments already account for the relevant impact. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
E-way bill vehicle mismatches and unexplained expiry can turn a technical lapse into serious transit documentation non-compliance.
An expired e-way bill does not by itself establish tax evasion, but expiry coupled with a vehicle wholly different from that recorded in Part B, unexplained delay or route deviation, and absent contemporaneous evidence may constitute substantive transit-documentation non-compliance. Part B must identify the vehicle actually transporting the goods and must be updated after transshipment. Minor-error relaxation does not automatically cover a complete vehicle mismatch. Credible records are required to rebut the presumption arising from movement without a complete and valid e-way bill. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
Pre-shipment inspection certificate issuance faces a strict post-inspection deadline and location-based uploading, with limited backlog relief.
Recognised PSIAs receive a one-time seven-day transitional window beginning September 16, 2026 to issue backlog PSICs for inspections conducted before August 25, 2026, where system restrictions prevented issuance. For applicable inspections, each PSIC must be generated and issued within two days from inspection, and the system permits issuance only during that period. Uploading must occur from the same geographical location or country as the inspection. Other provisions of the earlier framework remain operative. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
GST appellate pre-deposit requirements are satisfied where earlier deposits exceed the tax surviving after first appellate relief.
GST appellate pre-deposit must be assessed against the tax actually remaining in dispute after first appellate relief. Although deposits at the first appellate and Tribunal stages ordinarily operate cumulatively, they do not create unrelated liabilities arising from the same tax dispute. Where the reduced demand is accepted and an earlier deposit exceeds the aggregate prescribed requirement for the surviving tax, the revenue stands sufficiently secured and no duplicate deposit is required. Tribunal fee compliance remains an independent condition, and further deposit is necessary where the earlier payment is insufficient. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
Export registration exemption for low-value consignments reduces compliance while retaining higher-value requirements and other regulatory controls.
Paragraph 2.57(c) of the Foreign Trade Policy, 2023 exempts an export consignment with an FOB value not exceeding Rs. 3,00,000 from the Registration-cum-Membership Certificate or Certificate of Registration requirement otherwise covered by paragraph 2.57. The exemption applies to each consignment, not annual turnover or aggregate exports. Consignments above the threshold remain subject to the existing registration requirement wherever applicable. The limited exemption does not displace other customs, foreign-exchange, tax, licensing, product-specific, shipping, or documentation obligations. (AI Summary)
Author
Date 03 Oct 2026
Like 0 Bookmark
Section 74 requires proof of fraud, wilful misstatement, or suppression; delayed GST payment alone cannot justify its invocation.
Invocation of Section 74(1) of the CGST Act is confined to cases involving fraud, wilful misstatement, or suppression of facts undertaken to evade tax. Non-payment or delayed payment of GST alone is insufficient. Investigations must yield material evidence of the relevant elements, and the show-cause notice must set out that evidence. A notice lacking foundational facts of fraud, wilful misstatement, or suppression cannot rest merely on delayed tax payment. (AI Summary)
Date 01 Oct 2026
Like 0 Bookmark
IBC moratorium limits consumer complaint suspension to the corporate debtor, permitting adjudication against other respondents without moratorium protection.
Section 14 moratorium under the IBC restrains continuation of proceedings against the corporate debtor after admission to corporate insolvency resolution process. It does not, without an independent legal basis, shield co-respondents from a consumer complaint. Where liability of those parties remains unresolved, consumer adjudication may continue against them, while objections concerning privity, maintainability, and independent contractual obligations must be determined on their merits. (AI Summary)
Date 01 Oct 2026
Like 0 Bookmark
GST notice service requires consideration of alternative delivery modes when portal communications receive no taxpayer response.
GST notice service through the common portal is a recognised method under Section 169, but persistent non-response may require the proper officer to consider another prescribed mode, preferably registered post with acknowledgement due. Competing approaches treat portal-only service differently: one requires further steps where communication appears ineffective, while another regards any statutory mode as sufficient. The issue is linked to the taxpayer's opportunity for a personal hearing before an adverse determination. (AI Summary)
Author
Date 01 Oct 2026
Like 0 Bookmark
GST arrest powers require written authorization, reasoned belief, specified offences, and safeguards protecting personal liberty.
GST arrest powers permit the Commissioner to authorise, through a written order, a Central Tax officer to arrest a person only where there is reason to believe that specified offences involving tax evasion, wrongful input tax credit, or wrongful refund have been committed. Arrest is confined to offences meeting the prescribed monetary threshold, while a person previously convicted for a specified offence may be arrested irrespective of the amount involved. The framework treats arrest as an exceptional enforcement measure requiring prior authorisation and satisfaction of statutory criteria. (AI Summary)
Date 01 Oct 2026
Like 0 Bookmark
Unaccounted stock requires tax determination before confiscation, while fines cannot survive without valid confiscation proceedings.
Unaccounted goods must ordinarily be addressed through tax determination under Section 35(6), read with Sections 73 or 74, rather than through automatic confiscation. The proper officer must determine quantity, value, tax period, taxability, applicable rate, and the taxpayer's explanation through a notice-based adjudicatory process. Confiscation under Section 130 requires independent proof of its statutory conditions and cannot replace tax assessment. A fine in lieu of confiscation depends upon valid confiscation proceedings and cannot survive independently where that foundation is absent. (AI Summary)
Author
Date 01 Oct 2026
Like 0 Bookmark
Corporate intellectual property strategy aligns innovation protection ownership commercialisation monitoring and enforcement with sustainable business value.
Corporate intellectual-property strategy integrates identification, protection, ownership, commercialisation, enforcement, valuation and portfolio management with products, technology, markets and growth objectives. It begins with an IP inventory recording ownership, creation, protection status, jurisdiction, renewal requirements, commercial importance and risks. Innovation should be captured through internal disclosures before public dissemination, enabling a choice between patents, trade secrets, copyrights, trademarks, designs and contractual protection. (AI Summary)
Author
Date 01 Oct 2026
Like 0 Bookmark
GST appellate pre-deposit requires separate satisfaction of admitted tax payment and percentage deposit on genuinely disputed tax.
GST appellate pre-deposit conditions require separate satisfaction of two cumulative obligations: full payment of admitted tax and related dues, and deposit of the prescribed percentage of remaining disputed tax. A voluntary payment through a belated Form GSTR-3B return, without protest and accompanied by acceptance of related interest, retains the character of admitted self-assessed tax even if later appropriated against a confirmed demand. Payment during investigation may be considered towards disputed-tax deposit only where contemporaneous evidence establishes that it was made under protest for a liability that remained contested. (AI Summary)
Author
Date 01 Oct 2026
Like 0 Bookmark
Delegated income-tax rule-making powers preserve broad administrative authority while changed drafting may invite disputes over specific rules.
Section 533 confers broad Board rule-making power, subject to Central Government control, for implementing the Income-tax Act, 2025. It covers income determination, non-resident and composite income, perquisites, depreciation, anti-avoidance rules, taxpayer identification, electronic returns, reports, appeals, refunds, interest, foreign-tax relief, and prescribed procedures. Retrospective rules may operate only from the Act's commencement and cannot prejudicially affect assessees unless expressly or necessarily implied. The analysis identifies possible disputes over whether the specifically worded depreciation power supports rules for intangible assets or depreciation based on actual cost. (AI Summary)
Date 01 Oct 2026
Like 0 Bookmark
Trade-secret protection preserves commercially valuable know-how through secrecy, tailored contracts, restricted access, security controls, and continuing governance.
Trade-secret protection safeguards commercially valuable business information that is not generally known or readily accessible and is subject to reasonable secrecy measures. Protection in India arises through contracts, confidentiality and equity principles, employment arrangements, NDAs, intellectual-property principles, and applicable information-security obligations rather than a dedicated registration regime. Businesses should identify and classify sensitive information, restrict access on a need-to-know basis, use tailored confidentiality agreements, maintain evidence of secrecy, and apply technical and physical security controls. Patent-versus-secrecy decisions should consider patentability, reverse-engineering risk, independent discovery, commercial life and the feasibility of maintaining confidentiality. (AI Summary)
Author
Date 01 Oct 2026