Just a moment...

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
Customs compliance governs staged import/export declarations, valuation, duty payment, inspections, and refund claims for trade facilitation.
Customs compliance in India governs duty levy and regulatory control for imports and exports under the Customs Act and allied laws, requiring staged actions: carrier manifest filing, importer declaration via Bill of Entry, self-assessment of value and classification, RMS led examination, duty payment (BCD, SWS, IGST, and any additional duties) and Out of Charge for imports; and Shipping Bill, assessment, Let Export Order, EGM and drawback/IGST refund processes for exports, supported by digital platforms and subject to post clearance audit and penalties for non compliance. (AI Summary)
Author
Date 03 Nov 2025
Like 0 Bookmark
Statutory interpretation determines GST and customs liability, prioritising statutory text over commercial or equitable logic in tax disputes.
Statutory interpretation, not general logic or fairness, determines tax liability under GST and Customs: tax impositions, exemptions, rates, and credits arise only from clear legislative mandate and are governed by statutory definitions and rules. In GST, definitions of supply, the concessional nature of input tax credit, composite versus mixed supply rules, and place-of-supply provisions control tax outcomes irrespective of business logic. In Customs, liability depends on the legal event of import/export, statutory valuation, HSN classification, and exemption notifications, with ambiguities resolved by interpretation within the statute. (AI Summary)
Author
Date 03 Nov 2025
Like 0 Bookmark
Tax jurisprudence: balancing strict statutory construction with taxpayer rights ensures proportionality and procedural fairness in GST and Customs.
The jurisprudential challenge in indirect taxation requires strict statutory construction of charging provisions while allowing liberal interpretation of exemptions where intended by law. In GST, protection of the continuity of input tax credit, procedural fairness in registration and credit denial, and scrutiny of coercive measures are central. Customs law focuses on objective classification and valuation, mens rea in penalties, proportionality of confiscation, and due process for quasi judicial decisions. Emerging issues include GST customs overlap, digital supplies, retrospective changes, and anti profiteering. (AI Summary)
Author
Date 03 Nov 2025
Like 0 Bookmark
Indian legal profession faces tech, specialisation, regulatory and access-to-justice shifts requiring new skills and globalisation adaptation.
The article categorises Indian legal practitioners and identifies structural trends reshaping practice: adoption of digital tools and legal tech, growing specialisation and cross jurisdictional work, entry of foreign firms, prominence of ADR, and regulatory change expanding the definition of legal practitioner under an Advocates (Amendment) Bill. It advises lawyers and entrants to pursue specialisation, develop tech and business competence, cultivate ADR and client skills, and engage with access to justice work as the profession shifts toward niche, technology enabled, value added services. (AI Summary)
Author
Date 03 Nov 2025
Like 0 Bookmark
Cloth bags reduce plastic pollution and support local livelihoods, but bans need education and incentives to change habits.
Single-use plastic carry bags cause persistent environmental and public health harms; cloth and jute bags offer durable, biodegradable, reusable alternatives that can displace hundreds of disposable bags over time. State bans on single-use plastics are important but insufficient without behaviour-change measures-education, school programmes, retail incentives and NGO workshops-to translate legal restrictions into sustained habit change. Promoting cloth-bag use also supports local livelihoods through demand for artisanal and cooperative production. (AI Summary)
Author
Date 03 Nov 2025
Like 0 Bookmark
GST scrutiny via pre-intimation notices versus direct show-cause proceedings raises procedural fairness against revenue protection.
The legal issue is whether the statutory scrutiny mechanism requiring a pre-intimation notice is a mandatory precondition before initiating adjudication, or permissive so authorities may proceed directly to show-cause proceedings when independent information or prima facie fraud exists. The scrutiny process allows selection of returns, communication of discrepancies and quantified tax or interest where possible, and an opportunity for the taxpayer to explain or rectify; if unsatisfactory, the officer may initiate appropriate action including determination of dues or penalty. Jurisprudence is divided between treating pre-intimation as a mandatory safeguard and treating it as permissive. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
GST adjudication must infer intention from conduct and context, prioritizing substance over procedural form, not technicalities.
Determination of intention in GST adjudication should rest on the totality of conduct and circumstantial evidence rather than on isolated procedural imperfections. Minor inconsistencies or technical defects must not nullify substantive findings when the chain of facts coherently supports a taxpayer's knowing conduct. Genuine voluntary disclosures indicate bona fides, while sustained concealment supports inference of deliberate evasion. Adjudicators must apply substance over form and ensure penalties reflect proportionality, requiring affirmative proof of fraudulent purpose before invoking extended limitation or enhanced penalty measures. (AI Summary)
Date 01 Nov 2025
Like 0 Bookmark
Corporate compliance obligations ensure timely filings and accurate statutory records to avoid penalties and operational disruption.
Private limited companies must prioritise continuous corporate compliance to avoid penalties and operational disruption. Principal risks include missed annual filings, defective tax and GST returns, and incomplete statutory registers or board minutes. Changes in directors, shareholders, or registered office require prompt ROC notification. Mitigations include a compliance calendar, up-to-date minutes and registers, timely filings of personnel and address changes, engaging professional service providers for specialised filings and audits, and using technology for recordkeeping and reminders. (AI Summary)
Author
Date 01 Nov 2025
Like 1 Bookmark
MOOWR scheme allows duty deferral on imported inputs and capital goods, with duty payable only on domestic clearance.
MOOWR permits manufacturers and processors to import capital goods and inputs duty-free at import with duty deferred until domestic clearance, and duty avoidance where inputs or capital goods are exported. Establishment requires a Private Bonded Warehouse licence and MOOWR approval, supporting documentation, appointment of a warehouse keeper, security or bond declaring maximum duty liability, IT-enabled inventory segregation of imported and domestic inputs, monthly returns, and filing Bills of Entry for warehousing and domestic clearances. (AI Summary)
Date 01 Nov 2025
Like 0 Bookmark
Writs in GST and tax law provide urgent court relief for jurisdictional, natural justice, or procedural defects when appeals are inadequate.
Writ remedies in GST and tax law allow an aggrieved taxpayer or revenue authority to seek immediate judicial relief (High Court under Article 226 or Supreme Court under Article 32) for urgent issues like lack of jurisdiction, non speaking orders, violation of natural justice, mala fides, or procedural infirmities; writs differ from appeals which seek reversal through appellate forums, and High Courts may exercise discretion to decline writs when adequate remedies exist, subject to established exceptions permitting writ jurisdiction despite alternative remedies. (AI Summary)
Date 01 Nov 2025
Like 0 Bookmark
Unjust enrichment in tax refunds bars refunds when the tax/duty incidence was passed on; claimants must prove they bore it.
Both Customs (Section 27(2)) and GST (Sections 54(8)-(9)) disallow refunds where the incidence of duty or tax has been passed on; claimants must prove they bore the burden with documentary evidence. Customs refunds typically arise from provisional assessment, misclassification or non clearance, whereas GST refunds cover exports, unutilized input tax credit and other situations listed in Section 54(8). Both regimes require administrative verification and divert unjust refund amounts to the Consumer Welfare Fund. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
Unjust enrichment bars customs duty refunds unless the claimant proves the duty's burden was not passed on.
Refund claims for customs duty are subject to the statutory refund framework and the doctrine of unjust enrichment: refunds are payable only if the claimant proves the duty was not passed on to others. The claimant bears the burden of producing accounting and transactional evidence-such as professional certificates, balance sheets, and invoices-demonstrating that the incidence of duty was not transferred; absent sufficient proof, the amount is credited to the Consumer Welfare Fund. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
Seamless export-import ecosystem: legal-digital integration enabling paperless trade, faceless customs clearance, and unified regulatory compliance.
India's move to a paperless export-import framework rests on statutory recognition of electronic processes and a set of digital platforms and policy initiatives that operationalise that recognition. Electronic filing of customs documents, digital authorisations under the foreign trade regime, legally valid digital signatures, and integrated platforms for testing, single-window approvals, and faceless customs assessment together enable automated, contactless clearance and incentive management while exposing interoperability, data-security, and capacity challenges that require legal harmonisation and unified digital infrastructure. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
Wrong classification of goods and services can cause tax, duty demands, penalties, and denial of benefits under customs and GST.
Wrong classification of goods and services under the HS/HSN and domestic schedules determines duty, tax, exemption and incentive eligibility and constitutes misdeclaration under customs and misclassification under GST. Classification is to be governed by the WCO HS Nomenclature and the six General Rules of Interpretation, with statutory force of section and chapter notes. Misclassification attracts differential duty recovery, confiscation, penalties, prosecution under customs, and tax demand, penalties, and ITC denial under GST; taxpayers should apply GRI, consult notifications, and seek advance rulings where uncertain. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
Bharat Aayat Niryat Lab Setu: a digital single window for paperless test applications, e signed certificates and QR verification.
DGFT has launched a pilot of Bharat Aayat Niryat Lab Setu, a digital single-window interface linking accredited testing and inspection agencies with exporters and importers for paperless test application, DSC/Aadhaar e-Sign authenticated submissions, mandatory online fee payment, real-time tracking, and issuance of digitally signed, QR-enabled test certificates, with phased laboratory onboarding, IEC synchronisation, and parallel continuation of manual processes during transition. (AI Summary)
Author
Date 01 Nov 2025
Like 0 Bookmark
Revision of bail under GST: revisional authority limited to revenue prejudicial orders; bail conditions remain under criminal procedure.
The Revisional Authority under GST may revise subordinate officers' decisions only when those decisions are prejudicial to the interest of the revenue, illegal, improper, or omit material facts; revision can include staying, enhancing, modifying or annulling such decisions after opportunity to be heard. Revision is confined to orders under the GST Acts and does not extend to revisiting bail conditions imposed under the Criminal Procedure Code where those conditions do not harm the revenue; the original bail-imposing authority retains power to waive or modify bail conditions. (AI Summary)
Date 31 Oct 2025
Like 0 Bookmark
Goods and Services Tax hearing rights ensure mandatory personal hearing when adverse decisions are contemplated.
Section 75(4) mandates a personal hearing either on written request or whenever an adverse decision is contemplated; authorities must offer hearings suo motu, record date and mode, allow reasonable adjournments, and issue speaking orders. Non-compliance vitiates proceedings, leading to quashal or remand and directions for fresh adjudication after hearing. Assessees should proactively request hearings, send reminders, document attendance and adjournments, and annex proof of omission in writs. (AI Summary)
Date 31 Oct 2025
Like 0 Bookmark
Shipping Bill and Bill of Entry govern export clearance and import duty assessment, filed electronically under a self assessment regime.
The Shipping Bill (Section 50) is the export declaration and evidentiary record for export clearance, incentive claims and foreign exchange realisation, filed electronically; the Bill of Entry (Section 46) is the import declaration used to determine classification, assessable value and customs duty, also filed electronically under the self-assessment regime and subject to customs verification, amendment under Section 149, and penal consequences for misdeclaration. (AI Summary)
Author
Date 31 Oct 2025
Like 0 Bookmark
Duty deferment and export-linked incentives shape scheme choice, balancing working-capital relief against export obligations and compliance.
Comparative analysis sets out operative mechanisms and compliance for MOOWR (duty deferment until home-consumption clearance), PLI (sectoral incentives tied to incremental sales and investment), SEZ/EOU/STPI (bonded or notified-unit regimes requiring positive net foreign exchange and reporting), Advance Authorisation (duty-free import of inputs subject to input-output norms and eBRC redemption) and EPCG (concessional/zero-duty import of capital goods against quantified export obligations), noting DGFT discretionary regularisation, audit and EO enforcement and judicial clarifications on export-neutrality and customs treatment. (AI Summary)
Author
Date 31 Oct 2025
Like 0 Bookmark
Geographical indication protection can elevate Mainpuri Taarkashi for export differentiation and bolster women artisans' market access.
Taarkashi of Mainpuri, protected by a Geographical Indication and supported under One District-One Product, is a high skill wire inlay craft whose GI/ODOP recognition provides origin based branding and legal protection. Strong female participation underpins socio economic gains; converting recognition into export value requires women led producer collectives, a dedicated cluster for training and finishing, design collaborations, export packaging and e commerce readiness, plus access to finance and sustainable production practices to scale heritage craft into a branded global product. (AI Summary)
Author
Date 31 Oct 2025