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Central approval for fixed dose combinations required, preventing manufacture or sale without DCGI clearance and enforcement intensified.
Cough syrups in India must comply with the Drugs & Cosmetics Act and Rules; formulations deemed new drugs or fixed dose combinations require central approval and state licences are inadequate. Mandatory controls include batch-wise raw material and finished product testing, GMP adherence, vendor qualification, validated processes, stability studies, statutory labelling, deviation investigation and CAPA. Recent enforcement shows intensified inspections, recalls and directives targeting unapproved FDCs and contaminant screening; manufacturers must assess regulatory status, secure appropriate licences, and strengthen quality systems to manage safety and compliance risks. (AI Summary)
Author
Date 13 Oct 2025
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Education consultancy services to foreign parent treated as exports, not intermediary services, entitling to IGST refund.
Services supplied by an Indian subsidiary to its foreign principal under a bilateral principal-to-principal contract, without contractual nexus with students or facilitation of third-party supplies, do not meet the IGST Act's intermediary definition and therefore qualify as export of services; authorities were directed to process IGST refund claims, with the decision relying on substance-over-form analysis and prior administrative and appellate precedents and CBIC guidance. (AI Summary)
Author
Date 13 Oct 2025
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Export restrictions on dual use technology require licensing, end use checks, and may apply extraterritorially to persons and transfers.
Sensitive goods, technology and software are classified under the SCOMET list and ITC HS codes into Free, Restricted (licensed), or Prohibited categories; exports require licensing where technical classification, end use and end user vetting show risk, and a catch all provision allows restriction or denial if an exporter knows or has reason to believe items could aid weapons or delivery systems. Compliance requires internal controls, recordkeeping and voluntary disclosure, with enforcement by customs and licensing authorities and penalties including fines, seizure, license revocation and criminal sanctions. (AI Summary)
Author
Date 13 Oct 2025
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Provisional refunds for inverted duty structure expanded under system driven risk assessment, with exclusions and legal uncertainty.
A system driven GST refund mechanism automates acknowledgement and risk scoring so low risk applications receive immediate provisional refunds while high risk cases undergo verification. Provisional relief is extended to Zero Rated supplies and to the Inverted Duty Structure (IDS) on an administrative basis pending legislative amendment. Exclusions apply to non Aadhaar authenticated taxpayers and specified high risk goods. Key concerns include opaque risk parameters, Aadhaar barriers, sectoral exclusions, potential officer discretion misuse, delays in final verification, and the provisional scheme's current non statutory legal status. (AI Summary)
Author
Date 11 Oct 2025
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Registration under Section 12AA ensures corollary entitlement to Section 80G relief, simplifying donor deductions administration.
Where an entity holds continuing registration as a charitable institution under charitable registration, donor-deduction approval should follow as a corollary: local administrative deficiencies and cash surplus from fee activities alone do not suffice to deny corollary entitlement when primary registration remains in force and assessment records contain no adverse findings. (AI Summary)
Date 11 Oct 2025
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Abatement of customs duty on damaged imports allows reduced duty based on a surveyor-determined post-damage value.
Abatement of Customs duty permits reduction of duty when imported goods arrive damaged and their market value is lower than declared. The procedure requires prompt notification, appointment of a Customs-approved surveyor whose report quantifies damage and reduced value, and submission of documentary evidence. Customs reassesses duty on the reduced value and issues an amended assessment; revaluation must be done before clearance. Full or partial abatements depend on the extent of damage, while damage caused by importer negligence or unauthorised storage precludes relief. (AI Summary)
Author
Date 11 Oct 2025
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Exporters can claim Customs Duty Drawback alongside GST refunds to recover import duty and boost export margins.
Customs Duty Drawback lets exporters recover part of customs duty on imported goods or inputs used in exports via two routes: Section 74 for returned imported goods re-exported within two years with a three-month claim window, and Section 73 for manufactured exports using imported inputs, claimable under AIR, Brand Rate, or Special Brand Rate. Drawback can be combined with GST refunds, may be claimed despite vendor-paid duty if inputs were used in the export, but SEZ/EOU units are excluded and repayment is required if export proceeds are not realized within the prescribed period. (AI Summary)
Date 11 Oct 2025
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Export exemption to Bhutan ensures specified agricultural shipments remain unrestricted, securing supply continuity while retaining regulatory compliance.
Notification No. 36/2025-26 creates a country-specific export exemption under the ITC (HS) export policy, making a defined list of agricultural commodities destined for Bhutan free from otherwise applicable restrictions, on the legal authority of the Foreign Trade (Development & Regulation) Act and the Foreign Trade Policy; the exemption is immediate, limited to Bhutan-bound shipments, and remains subject to phytosanitary, quality, customs and logistical requirements and to future modification or revocation by the government. (AI Summary)
Author
Date 11 Oct 2025
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Bail in GST ITC fraud where investigation complete and no flight risk, subject to stringent conditional safeguards.
Granting bail in a GST Input Tax Credit fraud prosecution depends on the prima-facie case, the accused's availability for trial, and the risk of tampering with evidence; completed investigation and prolonged pre-trial custody weigh in favour of release where there is no material showing flight risk or interference. Conditional release may include a personal bond with surety, regular police reporting, surrender of passport, prohibition on leaving the jurisdiction without permission, and prohibition on inducing or threatening witnesses, with revocation available on breach. (AI Summary)
Author
Date 11 Oct 2025
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GST rate cuts spurred demand; GSTR 3B editing restricted, GSTAT e filing launched and provisional refunds allowed for low risk claims.
GSTR 3B changes effective 01.10.2025: no auto population of Input Tax Credit from GSTR 2B; auto calculated tax liability in GSTR 3B is non editable with any amendments to be made via GSTR 1/1A; ITC reversal is required where supplier credit notes reduce buyer entitlement unless the buyer reverses ITC, necessitating proper accounting by buyers. (AI Summary)
Date 11 Oct 2025
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GST audits demand thorough records and factual, section cited responses; delays often reflect diligence, not wrongdoing.
A routine GST audit may extend due to thorough inquiry rather than misconduct; taxpayers should maintain complete returns and invoices, substantiate ITC claims, and meet each query with calm, factual, provision cited responses and neat documentary attachments so audits can conclude without observations, penalties, or informal interventions. (AI Summary)
Date 11 Oct 2025
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GST rate cuts: unchanged retail bills may lawfully reflect recovery of pre-rate-change stock costs, not consumer profiteering.
Unchanged retail prices after a GST rate reduction often reflect lawful recovery of pre-rate-change costs because the obligation to pass on tax benefits arises only when a registered person actually obtains the benefit; transitional stock is excluded from profiteering computation under the statutory base-price methodology, so sales from inventory acquired before the rate cut do not automatically create a passing-on obligation. (AI Summary)
Date 10 Oct 2025
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GST adjudication requires show cause notices and proper officers to adjudicate and summon in tax inquiries.
Adjudication in GST is the departmental process deciding tax issues after issuance of a show cause notice, receipt of the assessee's reply and evidence, hearings observing natural justice, and issuance and service of adjudication orders. Adjudicating authorities are those appointed or authorised to pass orders, with functions and procedural powers assignable by statutory delegation or board notifications; officers designated as proper officers may exercise powers such as issuing summons in inquiries. (AI Summary)
Date 10 Oct 2025
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Provisional assessment timelines: new regulations impose strict submission and finalisation deadlines with limited extensions and security effects.
The regulations apply to provisional assessments pending or made on or after 12.09.2025 and require requested documents within two months, with a single two month extension by the proper officer and further extension by higher authority up to fourteen months; the proper officer must finalise provisional assessment within three months of receipt of documents or conclusion of enquiry, with a possible two month recorded extension but in any event within two years unless specified exceptional reasons toll that period. (AI Summary)
Date 10 Oct 2025
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Additive manufacturing enables rapid prototyping and on demand production, boosting customization, tooling, and spare parts efficiency.
Additive manufacturing enables rapid prototyping, mass customization, reduced material use, and on demand spare parts production across Indian manufacturing sectors. Automotive uses include rapid design iteration, low volume tooling, lightweight components and spare parts; aerospace and defence benefit from lightweight high performance parts, cost effective prototyping and localized spare parts manufacture; healthcare gains patient specific implants, prosthetics and precision tools. Consumer goods, fashion, construction, food, and industrial tooling similarly profit from customization, faster prototyping, inventory reduction, and sustainability advantages, supporting Industry 4.0 integration. (AI Summary)
Author
Date 10 Oct 2025
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GST: Officials must verify 180 day payment records and apply mind before issuing ITC reversal show cause notices.
Improper aggregate show cause notices alleging ineligible input tax credit under the 180 day payment rule waste taxpayer and administrative resources. Tax officials must verify payment dates in accounting records and apply their minds before concluding that trade payables are wholly overdue; blanket assumptions because of absent breakdowns are legally unsound. Sensitisation and improved investigative practice are required so SCNs target specific transactions with fact based reasoning rather than raising fictitious demands. (AI Summary)
Date 10 Oct 2025
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Engineering exports: EEPC supports exporters with trade promotion, documentation help, incentives access, and capacity building.
EEPC India, operating under the Foreign Trade (Development and Regulation) Act, 1992 and aligned with the Foreign Trade Policy, serves as the principal export-promotion body for engineering goods and services. It combines government and industry representation to deliver export promotion, market research, trade facilitation, export documentation assistance, capacity building, and policy advocacy. EEPC also facilitates exporter access to government schemes that provide financial incentives, concessional customs treatment for capital goods, market access funding, trade infrastructure support, and R&D assistance across diverse engineering sectors. (AI Summary)
Author
Date 10 Oct 2025
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Advance ruling binding effect limited to applicant and officers; distinct GSTIN holders require independent factual adjudication.
An Advance Ruling binds only the applicant and concerned officers; it does not bind a different GSTIN holder with a distinct PAN and independent business even if operating under the same brand. Authorities must independently examine the taxpayer's facts rather than mechanically apply another registrant's AAR, and a non-speaking order dismissing replies without reasoned analysis is procedurally inadequate. (AI Summary)
Author
Date 10 Oct 2025
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RoDTEP eligibility requires precise HSN classification and accurate shipping bill entries to protect export refund claims.
Eligibility for RoDTEP and Duty Drawback depends on correct HSN classification and demonstrable linkage between duty-paid inputs and exported products; light processing like bottling can qualify. Both schemes may be claimed together if identical cost components are not double-claimed, so separate imported and domestic input costs. Practical compliance-accurate shipping bill entries, ticking the "RODTEPY" checkbox, correct ICEGATE data, and complete documentation-is critical to avoid refund rejection or delay. (AI Summary)
Date 10 Oct 2025
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Importing alcoholic beverages risks customs re assessment without transparent valuation, documentation, and correct product classification.
Importing alcoholic beverages with related party transactions triggers SVB scrutiny requiring transparent valuation workings, detailed cost breakdowns, independent comparables, and disclosure of royalties, discounts, and support terms; supplier letters or standalone cost certificates are typically insufficient and material changes must be notified via Annexure C to avoid re assessment, while accurate HSN classification based on formulation and packaging is essential to prevent significant duty exposure. (AI Summary)
Date 10 Oct 2025