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Cashew export promotion: market development, quality certification, exporter training, and access to government export incentives.
CEPCI is an export promotion body that, under the national trade policy framework, coordinates market development, quality assurance, exporter training, and policy advocacy to enhance international competitiveness. It organizes trade events, conducts market intelligence, and delivers certification and consultancy services to ensure compliance with international food safety standards. The council facilitates access to government schemes and incentives-transport subsidies, Market Access Initiative, Focus Market Scheme, and FTP incentives-and requires business registration and trade documentation as membership eligibility conditions. (AI Summary)
Author
Date 09 Oct 2025
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Erroneous factual assumptions in GST adjudication can trigger penalties despite filed returns and paid tax, raising accountability concerns.
A GST show-cause notice invoking section 74 was issued based on an erroneous assumption of facts despite the taxpayer having filed returns and paid the tax; notices were posted on the portal and went unnoticed, adjudication imposed tax, interest and penalty, and appeal treatment focused on form non-filing rather than verifying factual compliance, raising concerns about administrative verification, service of notices, cancellation of registration despite compliance, and institutional accountability. (AI Summary)
Date 09 Oct 2025
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Time limited GST appeal window: prepare and file promptly once tribunal opens to preserve appellate rights.
A limited electronic filing window will open when the GST Appellate Tribunal becomes functional; appeals must be filed via Form APL 05 with prescribed fees and a mandatory pre deposit of a portion of the disputed tax (ITC usable), and all supporting documents including the certified order, proof of fee and pre deposit, and the appeal memo must be uploaded within the short statutory upload period or risk incompleteness or rejection. (AI Summary)
Date 09 Oct 2025
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GST filing: match invoices, protect input tax credit, review GSTR 3B liabilities, and file ITC 04 promptly.
Match sales invoices across books, the e Invoice system and the e Way Bill portal and verify the Place of Supply. Reconcile purchase invoices with GSTR 2B monthly to protect Input Tax Credit, review reverse charge and credit issues before GSTR 3B, and file ITC 04 for goods sent to job workers. Implement a monthly checklist with assigned responsibilities and a pre due date review to avoid penalties, cash surprises, and compliance mismatches. (AI Summary)
Date 09 Oct 2025
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GST appeals must be filed within the three month period plus one month condonable extension; writs cannot extend this timeline.
Section 107 prescribes a three month appeal period from communication with a one month condonable extension, creating a four month maximum; appeals filed beyond that period are time barred absent proof of non communication, and Article 226 extraordinary jurisdiction cannot be invoked to override or extend the statutory limitation regime. (AI Summary)
Author
Date 09 Oct 2025
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Trade policy incentives shape gems and jewellery competitiveness, affecting duty reliefs, zero-rated exports and compliance burdens.
The sector's competitiveness hinges on trade policy and fiscal incentives: duty-free procurement on an actual-user basis, replenishment allowances for cut and polished stones, Imprest and EPCG schemes, and zero-rated GST with input tax credit and refunds. Fragmented regulation across DGFT, Customs, GST and banking creates procedural complexity, conditionalities on imports and exports, and enforcement gaps on labelling and origin verification. Recommended legal-policy measures include digitising incentive administration, targeted MSME support, stronger traceability and certification, and calibrated regulation of lab-grown versus natural gemstones. (AI Summary)
Author
Date 09 Oct 2025
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Admissibility of confessional statements: inquiry recordings must meet admissible evidence standards before supporting arrest.
Statements recorded in Customs inquiries cannot alone constitute a valid reason for arrest unless they qualify as admissible evidence: they must be voluntary, free from inducement or coercion, and, where relied upon for arrest, supplied to the person and tested for corroboration. Persons retain the constitutional right against self incrimination during Customs inquiries, and authorities must record reasoned, written bases for arrest founded on admissible material; uncorroborated inquiry statements used to deprive liberty invite judicial review. (AI Summary)
Author
Date 08 Oct 2025
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Noncooperation with authorities can amount to obstruction and influence bail and compliance assessments in criminal and civil proceedings.
Nonresponse, nonappearance and avoidance of authorities can lead to escalation because parties must respond to notices, comply with summonses and cooperate with investigations; failure to do so creates suspicion, wastes judicial time and may amount to obstruction relevant to discretionary assessments such as bail and other procedural relief. (AI Summary)
Date 08 Oct 2025
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GST appeals: delays in filing first appeals may be condoned; prefer second appeals for prompt reconsideration.
Constitutional discretion permits condonation of delay in filing first appeals under section 107 where sufficient cause is shown; an instance involved a taxpayer hospitalized leading to a 20 day delay, after which the High Court directed fresh consideration. With the appellate tribunal now operational, affected taxpayers should pursue second appeals so tribunals can assess condonation and hear matters on merits under the applicable limitation framework. (AI Summary)
Date 08 Oct 2025
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Automatic stay on recovery: filing an appeal with the required pre-deposit suspends bank-account attachments under GST law.
Once an appeal is filed with the requisite pre-deposit, an automatic stay arises on recovery of the balance amount and related enforcement actions, making provisional measures such as bank-account attachments unsustainable; this principle applies to disputes arising from alleged wrongful availment of input tax credit and is supported by precedent addressing cross-jurisdictional attachment. (AI Summary)
Author
Date 08 Oct 2025
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Sale of corrosive acids: e commerce must implement buyer ID and purpose verification to prevent misuse.
E commerce platforms must prevent unregulated online sale of corrosive acids by securing mandatory buyer government photo ID to confirm age, requiring a declared purpose for procurement, and obtaining seller compliance undertakings with documentation and reporting obligations, in line with the Consumer Protection Act and existing judicial and administrative guidelines. (AI Summary)
Author
Date 08 Oct 2025
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Service tax notices: a notice addressed to a partner, not the LLP, can invalidate the demand-check the named entity immediately.
A Show Cause Notice and subsequent Order-in-Original addressed to an individual partner instead of the LLP constituted a jurisdictional defect because the LLP is the separate taxable person; misaddressed service vitiates the proceedings absent establishment of personal liability such as fraud. Businesses should verify the named entity on tax notices and keep entity documentation ready to enable prompt procedural challenges. (AI Summary)
Date 08 Oct 2025
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Export of hazardous goods from India requires classification, export permission, and importing country consent before shipment.
Export of hazardous goods from India requires accurate classification under UN transport and national waste/chemical regimes, procurement of authenticated export permission under the Hazardous and Other Wastes Rules or applicable trade licences, and, for listed wastes or chemicals, the importing country's Prior Informed Consent attached to shipping and customs documents. (AI Summary)
Author
Date 08 Oct 2025
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Relevancy of statements recorded under customs inquiry hinges on statutory prerequisites and protections against self incrimination.
Statements recorded under Section 108 of the Customs Act serve as investigatory material; they do not automatically become substantive evidence for other proceedings. Section 138B prescribes mandatory conditions and safeguards under which a signed statement before a gazetted customs officer may be relevant and admitted, including maker unavailability or subsequent examination as a witness and authority discretion in the interests of justice. Constitutional protections against self-incrimination and requirements of voluntariness and opportunity for cross-examination limit reliance on such statements for arrests, adjudication, or prosecution unless Section 138B's requisites are satisfied. (AI Summary)
Author
Date 07 Oct 2025
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Compensation cess rationalisation reduces import tax burden and aligns IGST with revised GST slabs at import.
Notifications following the 56th GST Council rationalised compensation cess rates-many set to Nil-and amended Customs notifications so IGST at import aligns with revised integrated tax rates, principally effective 22 September 2025; the implementing instruments and Gazette notifications determine cess charging, IGST rates and any exemptions at the point of import. (AI Summary)
Author
Date 07 Oct 2025
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Imports into India: Customs can add royalties, freebies, design costs, and deferred payments to assess import value.
Customs valuation can include royalties, brand fees, "free" samples or bonus goods, foreign design/R&D or tooling costs, deferred or contingent payments, and warranty replacement imports if those payments or supplies are connected to the sale, because customs applies valuation principles focused on the true economic cost of the goods. Transfer pricing and GST treatment do not determine customs valuation. Importers should coordinate GST, TP, customs and finance teams, review contracts and foreign payments, maintain documentary evidence, and prepare for post clearance audits. (AI Summary)
Date 07 Oct 2025
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India-EFTA TEPA eCoOs available from Oct 1, 2025 via DGFT Trade Connect with self-declare or agency issuance.
Electronic issuance of Preferential Certificates of Origin under the India-EFTA TEPA is effective October 1, 2025 through the DGFT Trade Connect portal, supporting Self-Declaration and Agency-Issued modes. Self-declaration requires a Digital Signature Certificate, scanned ink-signed signature, selection of "India EFTA TEPA (Self-Declaration)", and authentication by DSC or Aadhaar with no fee; submissions are auto-mapped to the jurisdictional DGFT Regional Authority/SEZ and may produce electronic and physical copies. Agency-issued CoOs require selection of "India EFTA TEPA (Agency Issued)" and generate an electronic certificate with the agency's digital signature upon approval. (AI Summary)
Author
Date 07 Oct 2025
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GST input tax credit allocation: use ISD registration or cross-charging to correctly distribute credit and avoid audit disputes.
Centralised procurement of services can block recoverable Input Tax Credit when invoices remain in the Head Office and consuming branches lack entitlement. Two compliant remedies are available: register the Head Office as an Input Service Distributor to distribute eligible ITC to branches, or adopt cross-charging where the HO invoices branches for their share so they can claim credit. Maintain consistent treatment, robust documentation, and adviser engagement to mitigate audit risk, noting unresolved questions about intra-state ISD treatment. (AI Summary)
Date 07 Oct 2025
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End User Certificate requirement ensures restricted imports are limited to declared lawful end uses, enabling licensing and customs control.
An End User Certificate (EUC) is a regulatory declaration required for importing restricted items into India that identifies the end user, describes the goods and intended use, and assures non transfer; it is required by DGFT and may be demanded by Customs for licensing, clearance and post import compliance, with certifications from competent authorities in sensitive cases. (AI Summary)
Author
Date 07 Oct 2025
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Issuance of a consolidated GST SCN/order across multiple financial years is impermissible; assessments must be year wise.
Issuance of a consolidated show cause notice and single order covering multiple financial years is impermissible because the CGST framework ties assessment and adjudication to a defined tax period; Section 74 and limitation rules require year wise proceedings, and aggregation frustrates statutory limitation and procedural fairness, so authorities must pursue each financial year separately. (AI Summary)
Author
Date 07 Oct 2025