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Quarterly GST Council meetings and compliance reforms are urged to address credit restrictions, procedural penalties, and avoidable litigation.
GST Council meeting frequency is examined against the requirement to hold at least one meeting in every financial-year quarter. The commentary identifies recurring quarters without meetings and urges regular quarterly meetings to address GST issues promptly. It also seeks reconsideration of registration thresholds, removal of blocked input tax credit restrictions for real-estate developers and builders, restraint in imposing maximum general penalties for curable procedural lapses without tax short-payment, and consistent, higher-quality adjudication to reduce avoidable litigation. (AI Summary)
Date 25 Aug 2026
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Common parlance in tariff classification prevails over food-safety standards when ordinary trade terms lack technical statutory definitions.
GST and excise classification of goods is governed by the common parlance test where a tariff entry uses ordinary commercial language without statutory or technical definition. Soft serve may fall within ice cream and other edible ice when consumers and trade identify it as ice cream. Technical standards, composition ratios and scientific material prevail only where the tariff or its notes expressly employ technical criteria. Food-safety definitions and quality thresholds cannot be mechanically imported into fiscal classification because regulatory quality-control laws and tax tariffs serve different purposes. (AI Summary)
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Date 25 Aug 2026
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GST liability after death survives only through proceedings against legal representatives, with recovery confined to the inherited estate.
Section 93 preserves GST liability after a taxable person's death but changes the person against whom it may be enforced. If business is discontinued, a legal representative is liable only from the inherited estate and only to its available extent. Proceedings must therefore be initiated against the legal representative through notice, hearing, and inquiry into the estate; they cannot continue against the deceased proprietor. Separately, retrospective Section 16(5) relief must be considered in pending matters where its conditions for input tax credit are met, notwithstanding an earlier denial under Section 16(4). (AI Summary)
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Date 25 Aug 2026
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GST search and seizure requires reasons to believe, authorised action, and a warrant identifying the suspected violation and premises.
GST search and seizure requires a Joint Commissioner-level or higher proper officer to have reasons to believe that confiscable goods or material useful or relevant to proceedings is secreted at any place. Search may be conducted personally or through an authorised officer and can cover premises of any person, including houses, offices, buildings and vehicles. Authorised officers may seize relevant goods or material and, upon denial of access, seal or break open premises, electronic devices, boxes or receptacles suspected to contain concealed items. Authorisation is issued in FORM GST INS-01 and seizure orders in FORM GST INS-02. (AI Summary)
Date 25 Aug 2026
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Wrong-head GST payment may be adjusted against correct-head liability, preventing duplicate recovery, interest, and penalty for supply misclassification.
Wrong-head GST payment occurs when IGST is paid on supplies later identified as intra-State supplies attracting CGST and SGST. Section 77(2) of the CGST Act excludes interest on the corresponding correct-head liability. Read with Rule 92 of the CGST Rules, the framework supports adjustment of tax paid under the incorrect head against outstanding liability under the correct head, with an adjustment order in FORM GST RFD-07. The approach treats inadvertent misclassification as revenue-neutral and avoids duplicate tax recovery, interest, or penalty, subject to verification of the supply classification and tax already remitted. (AI Summary)
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Date 25 Aug 2026
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Customs-duty refund limitation runs from appellate relief, and pending challenges do not extend the prescribed filing period.
Customs-duty refund claims under section 27 must generally be filed within one year. Where duty becomes refundable because of an appellate order, limitation runs from that order's date. Claimants must ordinarily show that duty incidence was not passed on, failing which the amount is credited to the Consumer Welfare Fund, subject to exceptions. A refund sought more than one year after appellate relief against finalised provisional export assessments is treated as time-barred; a pending departmental challenge does not change the limitation trigger. (AI Summary)
Date 25 Aug 2026
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International cargo transhipment facilitation allows diverted bulk and container cargo through Indian facilities under continuous Customs control.
Temporary trade-facilitation measures allow foreign-destination cargo diverted to Indian ports to be unloaded, stored, handled, repacked where necessary, and transhipped or re-exported under Customs control. Full Container Load, Less than Container Load, liquid bulk, break bulk and solid/dry bulk cargo are covered, subject to prescribed conditions. Safeguards include approved custodians, inventory records, bonds or undertakings, quantity verification, Customs supervision and secure inter-station movement. The cargo cannot be cleared for home consumption or diverted into the Domestic Tariff Area. (AI Summary)
Author
Date 25 Aug 2026
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Risk-based postal import clearance enables electronic assessment, limited examination, consolidated document requests, and delivery only after duty-compliant Customs clearance.
Personal postal imports through Foreign Post Offices are processed through an electronic, risk-based procedure using the FPO Import Application and the Risk Management System. Electronic Advance Data may permit pre-arrival assessment, while physical examination is generally limited to risk-selected or otherwise identified articles; reasons for examining facilitated articles must be recorded. Document Call Letters should be specific and consolidated. Where no adequate response is received within 30 days, assessment may proceed on available information. Delivery requires a Customs clearance order and payment or realisation of applicable duty. Commercial postal imports remain outside this procedure. (AI Summary)
Author
Date 25 Aug 2026
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Risk assessment techniques support structured identification, analysis, and evaluation of uncertainty, enabling informed decisions and organisational resilience.
ISO 31010:2019 guides the selection and application of risk assessment techniques within risk management processes aligned with ISO 31000:2018. Risk assessment comprises identification, analysis, and evaluation of risks, including their sources, causes, likelihood, consequences, and existing controls. Organisations select methods according to objectives, risk complexity, information availability, industry requirements, and decision-making needs. Techniques include brainstorming, checklists, FMEA, HAZOP, fault and event tree analysis, Bow-Tie Analysis, risk matrices, Monte Carlo simulation, and scenario analysis. Implementation requires documented assessments, periodic review, suitable expertise, and adaptation to changing conditions. (AI Summary)
Author
Date 25 Aug 2026
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Strategic alignment through Hoshin Kanri links organizational vision, departmental targets and daily work through measurable review and continuous improvement.
Hoshin Kanri aligns long-term organizational vision with measurable strategic objectives, departmental targets, action plans and daily employee activities. It emphasizes focused breakthrough objectives, catchball-based two-way communication, accountability through tools such as the X-Matrix, and performance monitoring through key performance indicators. Progress is regularly reviewed, with corrective action and plan modification where targets are not achieved. Effective use depends on leadership commitment, clear communication, limited priorities and adequate measurement systems, supporting coordinated execution and continuous improvement across manufacturing and service functions. (AI Summary)
Author
Date 25 Aug 2026
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Just-in-time production reduces inventory and waste through demand-based workflows, reliable suppliers, quality control, and flexible resource planning.
Just-in-Time (JIT) requires goods, materials and components to be produced or delivered only in the quantity and at the time required by actual demand. It reduces inventory, overproduction, storage costs, delays, defects and other waste through demand-based production, continuous workflow, supplier collaboration and quality control at every stage. Successful adoption requires reliable supply networks, accurate forecasting, flexible operations, employee training, quality management and digital inventory tools. In manufacturing and services, JIT can improve resource utilisation, responsiveness, productivity and sustainability. (AI Summary)
Author
Date 25 Aug 2026
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Effective GST hearing rights require proper notice, reasonable response time and meaningful personal hearing before adverse tax decisions.
Section 75(4) requires an opportunity of hearing where a taxable person seeks it in writing or an adverse GST decision is contemplated. The safeguard requires effective notice, proper service, reasonable time to reply and a meaningful chance to present submissions. Failure to provide hearing details, service through an inaccessible portal location, or notice at an incorrect registered email or address may breach natural justice. Conversely, the requirement may be satisfied where adequate hearing opportunities were provided and the taxpayer adopted the written defence as final submissions. (AI Summary)
Date 24 Aug 2026
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Pre-notice reply consideration in GST adjudication requires authorities to assess DRC-01A evidence before drawing adverse ITC presumptions.
Consideration of a taxpayer's response to Form GST DRC-01A is integral to adjudication of alleged wrongful input tax credit under Section 74 of the CGST Act. Where invoices, e-way bills and bank statements support the genuineness of purchases and ITC, an authority cannot presume that no response was filed without evaluating that material. Section 75(4) requires a meaningful hearing where an adverse decision is contemplated. An ex parte demand based on an unexamined record may justify a fresh opportunity to produce documents and participate in hearing. (AI Summary)
Author
Date 24 Aug 2026
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Statutory appellate remedy governs GST notice challenges while preserving objections concerning incomplete service, missing documents, incorrect periods and prejudice.
Statutory appeal is ordinarily the proper first forum for GST show-cause notice challenges, including alleged incomplete service, missing relied-upon documents and an incorrect tax period. Such objections remain available before the appellate authority and are not extinguished merely because writ relief is declined. The decisive enquiry is whether the taxpayer understood the allegations, had essential material, received a meaningful opportunity to respond and suffered actual prejudice. Taxpayers should raise defects promptly in writing, seek clarification or documents, participate under protest where necessary, and preserve records supporting non-supply and prejudice. (AI Summary)
Author
Date 24 Aug 2026
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Real income principle limits taxation of notional Ind AS entries where no actual receipt or enforceable accrual exists.
Tax computation under the Income-tax Act, 1961 is controlled by statutory provisions and the real-income principle, not merely by Ind AS or ICDS accounting entries. Notional income from discounting refundable security deposits, amortisation of royalty already taxed, or other temporal accounting allocations does not create taxable income without a real receipt or enforceable right to receive. Asset-related grants must follow the statutory actual-cost mechanism, while Ind AS-ICDS borrowing-cost differences are computational timing differences. A procedural delay in certification cannot defeat a substantive research-and-development deduction where underlying approval is undisputed. (AI Summary)
Date 24 Aug 2026
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Customs classification of dry laser imagers depends on multi-heading compatibility, placing diagnostic-printing accessories under the residual accessory heading.
Imported dry laser imagers that receive digital inputs from imaging systems and print them on film lack independent diagnostic capability and are accessories, not diagnostic instruments or apparatus. Under Chapter 90 Note 2, accessories are classified with particular machines only when suitable for use solely or principally with one machine type or machines under the same tariff heading. Where laser imagers are compatible with medical imaging apparatus under different tariff headings, they fall under the residual heading for unspecified parts and accessories of Chapter 90. (AI Summary)
Date 24 Aug 2026
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Telecom tower input tax credit depends on proving immovability, not merely exclusion from plant and machinery.
Input tax credit on telecommunication towers under section 17(5)(d) requires a prior factual determination of whether a particular tower is movable or immovable property. Exclusion of towers from "plant and machinery" does not itself establish immovability. The inquiry considers annexation, intention, permanence, functionality, dismantlability, relocation, reassembly, and marketability. Only after an asset is found immovable can the blocked-credit provision be applied. The retrospective alignment of statutory terminology does not displace this threshold enquiry. Technical evidence of the tower's design, installation, dismantling, and relocation remains material to any credit claim or denial. (AI Summary)
Author
Date 24 Aug 2026
Replies 2 Replies
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Toll collection rights as non-monetary consideration can make DBFOT road construction services taxable despite toll-access exemption.
GST on a DBFOT road concession may arise where toll-collection rights granted to a concessionaire are non-monetary, deferred consideration for highway-construction services. The arrangement may constitute barter, requiring valuation where consideration is not wholly in money. The subcontractor's construction supply to the concessionaire remains distinct from the concessionaire's supply to NHAI. Although road access on payment of toll is exempt, toll rights received as reciprocal or annuity-like consideration for construction form taxable consideration and fall outside that exemption. (AI Summary)
Date 24 Aug 2026
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GST rectification and appeal limitation require good-faith, diligent pursuit before rectification time may be excluded from appellate limitation.
GST appeal limitation under Section 107 runs from communication of the order challenged and is not automatically suspended or restarted by rectification under Section 161. Though the Limitation Act does not directly apply to GST appellate authorities and delay beyond the statutory outer limit cannot be condoned, Section 14 principles may exclude time spent pursuing rectification. Exclusion requires the same matter and parties, diligence, good faith and a reasonable basis for a patent error. Rectification cannot be used to reopen disputed merits, introduce fresh evidence or obtain an indirect extension of appeal time. (AI Summary)
Author
Date 24 Aug 2026
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INR export realisation gains parity for trade benefits when banking, foreign-exchange, and scheme-specific conditions are satisfied.
Eligible INR export realisations for exports to countries other than Nepal and Bhutan may receive export benefits, incentives, and recognition towards fulfilment of export obligations on par with foreign-currency realisations, where proceeds are received through banking channels by credit to INR accounts of persons resident outside India opened under the applicable deposit regulations. The change applies within the Foreign Trade Policy framework and does not remove scheme-specific conditions, documentation obligations, or FEMA and Reserve Bank compliance. GST refund and zero-rated supply treatment remain governed separately by GST law and applicable procedures. (AI Summary)
Author
Date 24 Aug 2026