Loading...

⚠ ✕
❮ 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
Section 74 suppression requires evidence of deliberate tax evasion; wrongful ITC or audit non-response alone is insufficient.
Section 74 requires specific evidence that wrongful ITC arose from fraud, wilful misstatement, or suppression of facts with intent to evade tax. Mere inadmissibility of ITC, an incorrect claim, or failure to respond during audit does not by itself establish culpable suppression. The show cause notice must disclose the factual foundation and supporting material for the alleged conduct. Information already reflected in GST returns, reconciliation statements, financial records, or portal disclosures cannot readily be treated as suppressed. A new factual basis for invoking Section 74 cannot be introduced at the appellate stage when it was absent from the original notice. (AI Summary)
Author
Date 08 Sep 2026
Like 0 Bookmark
Lower and nil TDS certificates require adherence to binding precedent, treaty analysis, changed facts, and timely administration.
Section 197 permits lower or nil tax-deduction certificates where the recipient's total income and applicable domestic law or tax treaty justify that treatment. The officer must apply binding precedent on the same issue and cannot refuse relief merely because the revenue may challenge that precedent. Reconsideration in later years may arise only on materially changed facts, such as a permanent establishment or taxable Indian transactions, after notice and recorded findings. Recipients must make full disclosures and cooperate with enquiries. Administrative systems should enable timely implementation of the applicable legal position without unnecessary fresh applications. (AI Summary)
Date 08 Sep 2026
Like 0 Bookmark
Kanban workflow control uses demand-triggered work, WIP limits, and visual signals to reduce inventory and bottlenecks.
Kanban applies a pull-based workflow and inventory-control model in which production or service work begins only when demand arises. Visual boards, cards and digital signals track tasks and materials through defined stages, while work-in-progress limits prevent excessive congestion. The system seeks to expose bottlenecks, control inventory, improve material and information flow, reduce waste and support continuous improvement. Effective implementation requires workflow mapping, visual controls, appropriate work-in-progress limits, employee training, performance measurement, accurate data, supplier coordination and periodic review. (AI Summary)
Author
Date 08 Sep 2026
Like 0 Bookmark
Section 74 invocation requires disclosed facts, independent satisfaction, and a fraud-related basis; audit objections and statutory recitals alone fail.
Section 74 of the CGST Act requires an officer's independent satisfaction, supported by disclosed facts, that a tax shortfall or wrongful input tax credit claim resulted from fraud, wilful misstatement, or suppression of facts. An audit objection, statutory recitals, or a protective notice issued because ordinary limitation is nearing expiry cannot alone establish that basis. The show cause notice must identify the material facts, including missing evidence or concealed facts. The sufficiency of these foundational allegations is a threshold issue separate from the merits of the tax demand. (AI Summary)
Author
Date 07 Sep 2026
Like 0 Bookmark
GST adjudication limits require orders to remain within show-cause allegations and demands, preserving notice-based fairness and natural justice.
Section 75(7) confines an adjudication order to the tax, interest and penalty amounts specified in the show-cause notice and prohibits confirmation on grounds outside that notice. Orders confirming demands exceeding those proposed in the notice are liable to be set aside and remitted for fresh adjudication. Tax officials should invoke the appropriate demand provision, secure responses to notices, and grant personal hearing to ensure natural justice. Taxpayers and tax professionals should examine adjudication orders for compliance with Section 75(7). (AI Summary)
Date 07 Sep 2026
Like 0 Bookmark
Automated Free Sale and Commerce Certificate issuance enables eligible exporters to receive system-processed certificates while retaining risk-based verification and review.
Automated issuance of Free Sale and Commerce Certificates allows eligible applications submitted through the online portal to be assessed against predefined system parameters and issued without routine officer-led scrutiny. Applications requiring verification or not satisfying automated parameters may be routed for manual examination. Auto-issued applications may also be selected for post-issuance review under risk-management parameters. Exporters must continue to meet substantive eligibility requirements, provide accurate and consistent information, retain supporting records and respond to any subsequent verification. The mechanism promotes faster, paperless processing while retaining risk-based regulatory oversight. (AI Summary)
Author
Date 07 Sep 2026
Like 0 Bookmark
Recorded satisfaction in the latest assessment order is essential before cash loan or repayment penalties may be initiated.
Penalties for cash acceptance or repayment transactions require recorded satisfaction in the latest operative assessment order that the relevant statutory prohibition has been violated and that penalty action is contemplated. Where an earlier assessment is set aside or annulled, satisfaction recorded in that assessment does not survive as the basis for penalty. A fresh, revised, reassessment, or de novo assessment must independently record the requisite satisfaction. Separate penalty proceedings do not dispense with this jurisdictional requirement. (AI Summary)
Date 07 Sep 2026
Like 0 Bookmark
Registration-Cum-Membership Certification governs eligible exporters' membership, product-based eligibility, online registration, documentation, payment verification, and record maintenance.
RCMC certification establishes an eligible exporter's registration or membership with the appropriate Export Promotion Council or Commodity Board. The correct registration route depends on product category, export classification and applicable regulatory requirements. APEDA RCMC may apply to eligible agricultural and processed food exporters. Registration generally involves confirming product eligibility, preparing business records and Import Export Code details, completing the applicable online application, submitting required documents, paying applicable charges and maintaining registration records. Exporters should verify current procedures and fees through authorised channels and ensure that all application information is accurate. (AI Summary)
Date 07 Sep 2026
Like 0 Bookmark
Provisional release of seized GST goods requires bond and security, with non-production triggering encashment and adjustment of liabilities.
Provisional release of seized GST goods requires a bond for the value of goods and bank guarantee security for applicable tax, interest and penalty, or payment of those amounts. Failure to produce the goods as required permits encashment and adjustment of the security. Specified seized goods may be disposed of promptly because of perishability, hazardous nature, depreciation, storage constraints or other relevant considerations. Authorised purchase of goods or services may verify invoice or bill-of-supply issuance, with refund required upon return and cancellation of the earlier invoice or bill. (AI Summary)
Date 07 Sep 2026
Like 0 Bookmark
Pre-deposit timing turns on whether appellate statutes bar filing or only entertainment of an appeal.
Statutory pre-deposit conditions are mandatory, but the timing of payment depends on the governing language. Under the post-2014 Central Excise and service-tax framework, an appeal cannot be entertained without deposit, supporting curability where payment is made before appellate consideration. GST instead provides that no appeal shall be filed unless admitted liability and the prescribed deposit are paid. Delayed GST payment may therefore affect whether a valid appeal existed within limitation. Pre-deposit is security during the dispute, not final discharge of the contested liability. (AI Summary)
Author
Date 07 Sep 2026
Like 0 Bookmark
GST appellate preparation requires proof of fraud-based tax demands and complete grounds to protect first-appeal relief.
GST appellate advocacy requires comprehensive factual and legal preparation where a fraud-based demand mechanism is invoked. Invocation of section 74 requires material evidence of fraud, wilful misstatement, or suppression of facts with intent to evade tax; mere non-payment is insufficient. Retrospective cancellation of a supplier's registration does not by itself establish recipient fraud where supplies were made during active registration, payments were through banking channels, and GST return data was available. Parties should advance all grounds, including objections to a single notice spanning multiple financial years, supported by departmental guidance and current High Court authority. (AI Summary)
Date 05 Sep 2026
Like 0 Bookmark
Occupational health and safety management requires proactive hazard controls, worker participation, legal compliance, performance evaluation, and continual improvement.
ISO 45001:2018 establishes an Occupational Health and Safety Management System framework requiring organisations to identify workplace hazards, assess risks, implement controls, meet applicable legal obligations, promote worker participation and continually improve safety performance. Through the Plan-Do-Check-Act cycle, organisations establish objectives and controls, provide resources and training, monitor incidents, inspections, compliance and audits, and address nonconformities through corrective action and management review. Operational measures may include safe procedures, engineering controls, personal protective equipment, contractor management, emergency preparedness and safe procurement. (AI Summary)
Author
Date 05 Sep 2026
Like 0 Bookmark
GST inspection, search and seizure procedures govern authorization, seizure orders, provisional release, and perishable goods disposal.
GST inspection, search and seizure require prescribed authorisation, seizure and prohibition forms, with inventory and custodial safeguards for seized goods. Provisional release requires a bond and bank-guarantee security covering applicable tax, interest and penalty; non-production permits encashment and adjustment. Perishable or hazardous goods may be released on payment of the lower of market price or tax, interest and penalty payable, while non-payment may result in disposal and adjustment of sale proceeds against dues. (AI Summary)
Date 05 Sep 2026
Like 0 Bookmark
Delayed tax payment distinguished from non-payment, preventing automatic penalties and worsening liability after appellate remedies are pursued.
Delayed deposit of Foreign Travel Tax is distinguishable from failure to pay where tax is remitted before a show-cause notice, even if deposited after the prescribed date. The statutory scheme separately imposes interest for delayed payment, while the penalty provision addresses failure to pay. Interest levied or paid for delay is treated as supporting an extended payment period. The prohibition of reformatio in peius prevents an appellant from being placed in a worse position merely for using an appeal or revision remedy. (AI Summary)
Date 05 Sep 2026
Like 0 Bookmark
Genuine input tax credit requires transaction evidence; supplier default and portal mismatch alone do not establish recipient fraud.
Input tax credit entitlement requires the recipient to establish genuine transactions through invoices, proof of receipt, transport records, and banking evidence. Supplier non-compliance or Form GSTR-2A mismatch does not automatically make credit ineligible where there is no collusion, fictitious invoicing, or sham transaction. Extended limitation under section 74 requires material particulars supporting fraud, wilful misstatement, or suppression; mechanical statutory allegations and supplier default alone cannot establish culpable conduct by the recipient. (AI Summary)
Author
Date 04 Sep 2026
Like 0 Bookmark
Prima facie threshold for fraud-based GST recovery allows notice issuance while preserving adjudicatory rebuttal and reclassification safeguards.
Section 74 of the CGST Act may be invoked where the Proper Officer forms a prima facie, rational view from available material that tax short-payment, erroneous refund, or wrongful input tax credit is attributable to fraud, wilful misstatement, or suppression of facts. Materials from scrutiny, audit, inspection, intelligence, or investigation may support that view, provided the statutory satisfaction remains that of the Proper Officer. Where the fraud-based allegations are not established during adjudication, Section 75(2) permits determination as though the notice had been issued under Section 73, without retrospective invalidation of the proceedings. (AI Summary)
Author
Date 04 Sep 2026
Like 0 Bookmark
GST adjudication safeguards require consideration of replies and hearing, while disputed factual challenges generally proceed through statutory appeal.
GST adjudication under Section 74(9) requires the proper officer to consider the taxable person's representation before determining tax, interest, and penalty, while Section 75(4) requires an opportunity of hearing on request or before an adverse decision. Challenges to such orders ordinarily proceed through statutory appeal. Writ intervention is limited to exceptional circumstances, including patent jurisdictional defects or manifest violation of natural justice. Disputes over hearing notices, coerced statements, cross-examination, adequacy of reasoning, and factual findings generally require examination of records by the appellate authority. (AI Summary)
Date 04 Sep 2026
Like 0 Bookmark
Facility management systems require strategic alignment, risk controls, performance evaluation, and continual improvement for efficient, safe, sustainable workplaces.
ISO 41001:2018 establishes an internationally recognised framework for creating, implementing, maintaining and improving a Facility Management System. It applies to organisations managing facilities directly or through outsourced service providers and covers buildings, infrastructure, workplace services, maintenance, utilities, safety, environmental performance and support services. The framework requires strategic alignment, defined processes, risk-based thinking, leadership, measurable objectives, competent personnel, documented information, operational controls, performance evaluation and continual improvement. It supports maintenance management, supplier oversight, space management, emergency preparedness, resource optimisation and integration with other management systems. (AI Summary)
Author
Date 04 Sep 2026
Like 0 Bookmark
Daily task synchronisation uses shared tracking and time-bound commitments to strengthen ownership, visibility, and timely resolution of work blockers.
Daily Sync replaces irregular status follow-ups with a fixed daily process using one shared tracker for every assigned task. Each participant reports completed work and makes a specific, time-bound commitment for the current day, allowing performance to be checked without ambiguity. Where a person is blocked, the issue, a proposed solution, and a named helper must be identified before the meeting ends. The process depends on mandatory tracker use, a strict time limit, and measurable commitments, while discouraging vague status narration and unrecorded tasks. (AI Summary)
Date 04 Sep 2026
Like 0 Bookmark
Tax controversy management integrates prevention, documentation, governance and technology to reduce disputes, manage exposures and strengthen tax controls.
Tax Controversy Management is an integrated tax-governance discipline covering identification, prevention, preparation, management, resolution and post-dispute improvement across the lifecycle of tax risks. A formal Tax Controversy Risk Register should assess legal merits, documentation quality, exposure, adjustment risk, regulatory sensitivity and business consequences. Prevention requires contemporaneous evidence and review of tax-sensitive transactions before implementation, while centralized notice management supports deadline monitoring and consistent responses. Defence strategy should analyse facts, law, interpretation, evidence, precedent and risk, supported by governance, exposure models, technology, root-cause analysis and a formal playbook. (AI Summary)
Author
Date 04 Sep 2026