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Regulation of PFAS: restrictions, monitoring, and remediation measures urged to address widespread environmental and health risks.
Regulatory attention on PFAS (forever chemicals) centers on their persistence, bioaccumulation and health risks, prompting mechanisms to restrict manufacture and use, strengthen monitoring and disposal, and fund remediation. UNEP actions (Stockholm Convention listings, capacity building) and MoEFCC draft measures (groundwater and soil monitoring, hazardous waste rule inclusion) exemplify layered policy responses. Recommendations call for bans on non essential uses, mandatory disclosure, incentives for green chemistry, industry lifecycle assessments, closed loop systems, and coordinated research and remediation funding. (AI Summary)
Author
Date 29 Sep 2025
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Carbon footprint measurement guides personal emissions accounting and targets actionable reductions through energy, transport, diet, consumption choices.
Measurement and reduction of personal carbon footprints requires categorising emissions as Scope 1, Scope 2, and Scope 3, using activity data (home energy, transportation, diet, goods) and recognised emissions factors or online calculators to convert usage into CO2e. Break down emissions by component, compare to benchmarks to prioritise high impact areas, and adopt evidence based actions-renewable energy, transport electrification, dietary shifts, reduced air travel, lower consumption-and, where necessary, certified offsets to address residual emissions. (AI Summary)
Author
Date 29 Sep 2025
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Time limits for appeals: staggered electronic filing schedule requires backlog appeals to meet the final statutory deadline.
Staggered electronic filing has been prescribed for appeals to the GST Appellate Tribunal to manage portal capacity. The Tribunal President, invoking procedural powers, issued staggered filing windows for appeals arising from first appellate and revisional authority orders, with an overall outer cut off for backlog filings set by central notification, while appeals communicated after the cut off follow the ordinary three month filing period; all filings must be made electronically on the designated portal. (AI Summary)
Date 27 Sep 2025
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Export restriction for second generation ethanol permits shipments only with authorization and certified non food feedstock compliance.
Notification No. 32/2025-26 permits export of Second Generation Ethanol under HS 22072000 only if produced from approved non-food cellulosic or lignocellulosic feedstocks, compliant with BIS 15464, shown to deliver low CO2/high GHG reduction potential, and exported after obtaining Export Authorization and feedstock certification; Trade Notice No. 12/2025-26 provides definitional and procedural clarity and reiterates adherence to FTP 2023 and Schedule II. (AI Summary)
Author
Date 27 Sep 2025
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Binding judicial precedent requires administrative officers to follow controlling court rulings or face personal costs and institutional compliance measures.
Failure by tax authorities to apply binding judicial pronouncements when selecting enforcement procedures under the GST framework constitutes a breach of judicial discipline; officers must follow controlling precedent on when confiscation is appropriate versus when demand and recovery mechanisms apply. Individual officers may be directed to explain departures and made personally liable for costs, while senior officials must implement structured training and legal-update roadmaps to ensure conformity with settled law. (AI Summary)
Author
Date 27 Sep 2025
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Import restriction on silver jewellery requires DGFT licensing, altering free importability and imposing new compliance obligations.
The import policy for ITC(HS) codes 71131141 and 71131149 has been revised from Free to Restricted, requiring importers to obtain an explicit license from the designated authority; the change is grounded in the Central Government's foreign trade regulatory powers and enables licensing, valuation control, origin verification, and enforcement of labelling and quality standards, while being temporally limited and subject to possible extension or modification. (AI Summary)
Author
Date 27 Sep 2025
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Appealability of first appellate and revisional authority orders now requires staggered online filing to ease tribunal portal load.
All orders under section 107 and decisions under section 108 are appealable before GSTAT per the President's direction of 24/09/2025, and a phased online filing schedule has been prescribed to stagger appeals and avoid portal congestion. Tax professionals are urged to identify appealable cases immediately and submit appeals within the recommended windows to facilitate system operation and orderly receipt of matters before GSTAT. (AI Summary)
Date 26 Sep 2025
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Omission of GST rules extinguishes pending proceedings, requiring fresh consideration of related refund claims after fair hearing.
Omission of Rules 89(4B) and 96(10) of the CGST Rules without an express savings clause expunges those subordinate provisions and causes pending proceedings founded solely on them to lapse, since Section 6 of the General Clauses Act does not apply to omissions by subordinate legislation; refund claims arising from such proceedings are to be reconsidered on fresh merits after a fair hearing. (AI Summary)
Author
Date 26 Sep 2025
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ITC reversal obligations arise when supplies become wholly exempt, requiring prescribed credit reversals under rule based mechanisms.
Input tax credit must be reversed when supplies become wholly exempt: the registered person shall pay, by debit to the electronic credit or cash ledger, the credit attributable to inputs in stock, inputs in semi finished or finished goods in stock, and on capital goods on the day immediately preceding the exemption or option, with Rule 44 prescribing the mechanism and capital goods reversals apportioned by remaining useful life; rate reductions that leave supplies taxable do not trigger reversal, while compensation cess removal presents an interpretive divergence on whether cess credit must be reversed immediately. (AI Summary)
Author
Date 26 Sep 2025
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Restriction on ITC refund claims quashed as arbitrary, restoring taxpayers' statutory refund entitlement under Section 54.
The Rajasthan High Court held Circular No. 181/13/2022-GST unlawful for restricting refund claims of accumulated Input Tax Credit under an Inverted Duty Structure to applications filed on or before a specified date, finding it inconsistent with the prospective operation of the notification and with Section 54. The Court found the circular violative of Article 14 for creating an unreasonable classification, recognised ITC as an indefeasible right on purchase, quashed the restrictive portion of the circular, and directed revenue to decide pending refund applications in accordance with law. (AI Summary)
Author
Date 26 Sep 2025
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Net zero target: India must accelerate near-term emissions reductions and legal implementation to close the emissions gap.
India has pledged a national net-zero objective and accompanying targets, but UNEP identifies an emissions gap between current policies and 1.5 C-consistent pathways; achieving the goal requires earlier peaking, rapid renewable scale-up with grid and storage investment, industrial decarbonization technologies, strengthened legal and institutional implementation with MRV, mobilized finance and international cooperation, and just transition measures for affected communities. (AI Summary)
Author
Date 26 Sep 2025
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Effective communication of tax orders, not mere portal upload, triggers the start of the GST appeal limitation period.
Limitation for filing GST appeals begins only upon effective communication of an adjudication order to the taxpayer, not merely upon its upload to the GSTN portal. The court held that the limitation clock runs from communication by prescribed modes-tender, messenger, registered post, courier, email or other statutory methods-to the assessee or authorised representative at the last known address, and that mere portal upload does not satisfy the communication requirement. Authorities must communicate orders in prescribed modes before limitation begins; enforcement was stayed until valid communication. (AI Summary)
Author
Date 25 Sep 2025
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Freedom of movement prevents banning skilled emigration as retaliation to tariffs; pursue diplomacy and talent retention instead.
A prohibition on skilled emigration as a response to trade tariffs would violate constitutional protections for freedom of movement and personal liberty and contravene international mobility norms. Such a ban would reduce remittances, weaken diaspora soft power, and eliminate potential benefits of return migration. Proportionate, legal alternatives include diplomatic negotiation of trade measures, domestic investment in R&D and career pathways to retain talent, and policies facilitating circular migration and diaspora engagement to capture long term economic and strategic gains. (AI Summary)
Author
Date 25 Sep 2025
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Fraudulent input tax credit schemes prompt reliance on statutory adjudication and limits to writ jurisdiction in complex factual disputes.
The article critiques fraudulent availment of Input Tax Credit via fabricated invoices and non existent suppliers, contrasting Section 16's facilitative purpose with misuse. Two High Court cases show that complex, interlinked transactions alleging ineligible credits require factual adjudication, proper service and personal hearing, and must proceed through statutory adjudicatory and appellate remedies rather than writ relief. The piece stresses the need for rigorous departmental investigation and procedural safeguards before imposing tax demands and penalties. (AI Summary)
Date 25 Sep 2025
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Right to cross-examine third-party witnesses: denial in GST adjudication violates natural justice and requires re-examination.
Denial of opportunity to cross-examine third-party witnesses relied upon in GST adjudication violates the audi alteram partem principle of natural justice; statements recorded in investigation cannot be used as evidence for adjudication unless the maker is produced for examination and afforded cross-examination, consistent with the procedural requirement in Section 9D applied pari materia to GST proceedings. (AI Summary)
Author
Date 25 Sep 2025
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Mandatory environmental audits to strengthen industrial accountability with accredited auditors and public reporting under new rules.
The Environment Audit Rules, 2025 require mandatory environmental audits for specified high impact industries to be conducted by accredited auditors assessing compliance with environmental laws across air and water quality, waste management, energy and resource use, and mitigation measures. Audit reports identifying non compliance and corrective actions must be submitted to the Ministry of Environment, Forests, and Climate Change and made public; non compliance may attract penalties or licence suspension. Industry specific provisions include real time monitoring and advanced emission control requirements. (AI Summary)
Author
Date 25 Sep 2025
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Intention to evade tax required before Section 129 penalty; unverified supplier denial cannot justify penalty.
Penalty under Section 129 was set aside where the authority relied solely on the supplier's denial without independent verification and without affording the consignee an opportunity to rebut. The intercepted consignment had a tax invoice and valid e way bill and the transporter produced required documents; the court held that intention to evade tax is a precondition for the penal provision and uncorroborated third party statements and procedural non compliance vitiate penalty proceedings. (AI Summary)
Author
Date 25 Sep 2025
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Delayed tax refunds warrant costs against the department to deter harassment and ensure meaningful compensation for taxpayers.
Statutory entitlement to interest on delayed tax refunds has been enforced, but courts have seldom imposed costs on revenue authorities; the SoftwareOne India decision departs from that practice by awarding both statutory interest and a costs order for prolonged, avoidable delay, signalling that costs may be necessary to deter administrative harassment, compensate litigation-related losses not covered by interest, and vindicate constitutional protections for taxpayer property. (AI Summary)
Date 24 Sep 2025
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Refund of ITC on zero-rated exports affirmed where LUT preceded exports; refunds cannot be denied on technical grounds.
Refund entitlement for unutilized Input Tax Credit on zero-rated exports depends on documentary compliance; a Letter of Undertaking filed prior to the first actual export together with shipping documents suffices to establish entitlement under the CGST framework and administrative guidance, and refunds-being export incentives-cannot be denied on hyper technical grounds. Administrative rejection premised solely on alleged late filing of the LUT when exports occurred only after the LUT is factually and legally untenable and refund processing must include statutory interest, with enhanced interest applicable for further delay. (AI Summary)
Author
Date 24 Sep 2025
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Input Tax Credit denial based on upstream supplier default requires verified evidence of fraud before anti-evasion action proceeds.
Denial of Input Tax Credit due to upstream supplier default is unsupportable where the recipient proves receipt of goods, timely payment to its supplier and tax reflection in the supplier's returns; anti-evasion proceedings require verified evidence of fraud or willful misstatement, and reliance on unverified intelligence without independent verification is legally inadequate. (AI Summary)
Date 24 Sep 2025