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Tariffs and trade wars reshape supply chains and trade alliances, raising costs and prompting supply-chain decoupling.
The article examines how tariffs and protectionist measures deployed by the United States function as policy instruments that disrupt global supply chains, produce sector-specific employment effects, and trigger retaliatory tariffs. It explains that such measures raise input and consumer prices, lead some firms to relocate production, and strain multilateral trade institutions, thereby encouraging bilateral and regional arrangements and accelerating trends like supply-chain decoupling and greater focus on digital trade. (AI Summary)
Author
Date 24 Sep 2025
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E mail service of tax orders validates service and portal upload delays do not alone bar adjudication in fraud cases.
Consolidated show cause notices for fraudulent input tax credit spanning multiple periods are permissible under statutory language permitting notices "for any period/periods." Where numerous noticees are involved, practical difficulties in individual portal filings justify reasonable delays in uploading orders or statutory forms; however, once the signed order is validly communicated through recognized modes of service, including e mail to a noticee's professional adviser, such upload delays do not alone render adjudication time barred. (AI Summary)
Author
Date 24 Sep 2025
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Prohibited goods controls limit import and export unless specific prior authorization is granted, with strict penalties for violations.
Prohibited Goods under the Foreign Trade Policy 2023 are items whose import or export is generally barred due to risks to national security, public health, environment, public morality, strategic interests, or international obligations; trading such goods is allowed only upon specific prior authorization from competent authorities, with the ITC (HS) Classification and DGFT notifications providing periodic updates to the illustrative list. (AI Summary)
Author
Date 24 Sep 2025
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GST appellate deadline opens a limited retrospective filing window enabling review of accumulated first appeal orders.
The notification establishes a retrospective filing window for appeals against first appellate authority orders from the specified earlier period, requiring prescribed pre deposit and enabling phased filing. Taxpayers should prioritise appeals where orders were rejected on limitation despite merits, where natural justice was breached, where input tax credit was denied due to supplier payment or registration issues but inward supply and bank payment can be shown, where reassessment provisions were invoked without intent to evade, where GSTR reconciliation differences produced no revenue loss, and where ITC was denied by treating revenue expenses as capitalised. (AI Summary)
Date 23 Sep 2025
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GST registration hurdles: inconsistent proof-of-premises demands and portal glitches delay approvals despite clarifying CBIC guidance and Aadhaar checks.
Proof of the business premises is the primary legal friction in obtaining GST registration: despite a CBIC instruction accepting a single valid ownership document such as an electricity bill, property tax receipt, or municipal khata copy as sufficient proof, inconsistent field implementation, name mismatches with PAN/Aadhaar, demands for exclusive-use evidence, Aadhaar authentication failures triggering physical verification, and GSTN portal technical glitches continue to cause resubmissions and delays. (AI Summary)
Author
Date 23 Sep 2025
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Withholding of GST refunds cannot rest solely on departmental opinion; appellate orders require operative effect pending lawful challenge.
The administrative opinion that a refund would adversely affect revenue cannot, by itself, justify withholding payment where there is no appeal or other proceeding pending against the appellate order and where the department has not initiated statutory proceedings grounded on fraud or malfeasance after giving an opportunity of being heard; an order in favour of the taxable person by the Appellate Authority must be given operative effect unless lawfully stayed or challenged, and the revenue may later recover amounts if it succeeds in subsequent proceedings. (AI Summary)
Date 23 Sep 2025
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MRP revision permitted for unsold pre-packaged stock, allowing sticker or stamping to align retail price with GST change.
Manufacturers, packers and importers of pre packaged commodities may declare a revised retail sale price (MRP) on unsold stock manufactured, packed or imported prior to a GST rate change by stamping, stickers or online printing, provided the original MRP remains visible and any upward change does not exceed the increase in tax and, where tax is reduced, the revised price reflects the reduced tax. Use of existing packaging or wrappers for repacking is permitted subject to correction of the displayed MRP. (AI Summary)
Date 23 Sep 2025
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Single-use plastic ban: enforcement gaps, awareness deficits and economic barriers undermine compliance; coordinated enforcement and affordable alternatives needed.
The Single-Use Plastic Ban prohibits specified disposable plastic items, but limited awareness, ambiguous definitions, uneven enforcement, economic incentives favoring cheap plastics, black markets, and inadequate infrastructure for alternatives prevent effective compliance; addressing these requires clarified rules, enhanced enforcement capacity, awareness campaigns, vendor support and investment in affordable sustainable substitutes. (AI Summary)
Author
Date 23 Sep 2025
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MRP revision compliance: temporary relaxations permit stickered or stamped price changes with original MRP visible and communication duties.
Temporary relaxations allow revision of Maximum Retail Price (MRP) on unsold stock after GST rate changes by stamping, affixing a sticker, or online printing, provided the original MRP remains visible and the revised price strictly reflects the GST change. Manufacturers, packers and importers must communicate revised rates to dealers, retailers and Legal Metrology authorities by circulars (newspaper publication waived). Existing packaging with old MRP may be used until March 31, 2026, or until stocks are exhausted. Mandatory legal metrology labelling requirements continue to apply. (AI Summary)
Author
Date 22 Sep 2025
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Home office deduction eligibility affects tax treatment of a garage used commercially; ensure exclusive business use and zoning compliance.
Converting a garage to commercial use changes its tax classification and can permit the home office deduction, depreciation of a separate structure, and deduction of operational expenses proportional to business use; it may also affect property tax assessment. Sales conducted from the garage can create a sales tax nexus requiring registration and collection, and local zoning and building-code permits may be necessary. Insurance, payroll reporting, contractor 1099s, and self-employment tax obligations arise with commercial use, so owners should document exclusive business use and allocate expenses accordingly. (AI Summary)
Author
Date 22 Sep 2025
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Time-bound provisional assessment regime: mandatory finalisation within fixed term increases predictability and reduces disputes for trade.
CBIC's 2025 regulations convert provisional assessments into a structured, time-bound process with a two-year cap (plus a possible recorded one-year extension), detailed timelines for notifications, submissions, and enquiries, a three-month core finalisation window, and reset rules for legacy cases from March 29, 2025. The regime governs voluntary payments, interest treatment, refunds, bond and security closures, and recovery mechanisms, requires speaking orders where final assessments vary from provisional ones, and mandates written explanations when exceptions suspend timelines. (AI Summary)
Date 22 Sep 2025
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GST rate revisions and procedural notifications restructure refund eligibility, return obligations and appellate timelines.
Notifications dated 17.09.2025 implement Council recommendations by amending CGST Rules 2017 and specified forms, designating categories ineligible for provisional refunds under section 54(6), exempting certain small taxpayers from annual return filing, bringing specified Finance Act, 2025 provisions for anti profiteering into force, revising GST rates and compensation cess across multiple schedules and goods/services, and prescribing GST Appellate Tribunal jurisdictional allocations and consolidated appeal filing timelines. (AI Summary)
Date 22 Sep 2025
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Precautionary principle: require strong, enforceable safeguards before authorising deep sea mining to protect marine biodiversity.
The legal regime under UNCLOS and the International Seabed Authority governs deep sea mining but contains substantive and procedural gaps: weak environmental standards in the ISA Mining Code, reliance on self-reporting, limited independent oversight, and inadequate enforcement. These weaknesses, combined with fragmented complementary instruments, leave high seas biodiversity vulnerable to sediment plumes, habitat destruction, toxicity, and sensory pollution. A precautionary regulatory architecture with mandatory independent EIAs, enforceable ISA standards, and stronger global coordination is required to prevent potential irreversible harm to poorly understood deep-sea ecosystems. (AI Summary)
Author
Date 22 Sep 2025
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Compensation cess refund: unutilized input credit refundable for inputs used in zero-rated exports despite IGST payment route.
An exporter of goods that are zero-rated and not leviable to compensation cess is entitled to refund of unutilized input tax credit of compensation cess paid on inputs; the Compensation to States Act provides an independent refund mechanism distinct from the IGST/CGST refund route, so choosing the IGST payment option or not filing a bond/LUT does not extinguish the statutory refund entitlement where export and non leviability of the final product to compensation cess are established. (AI Summary)
Author
Date 22 Sep 2025
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Condonation of delay cannot rest on mere non-receipt of an adjudication order; follow-up and clear notice needed.
Mere non-receipt of an adjudication order does not automatically justify condonation of delay in filing an appeal. The tribunal questioned an appellant who had participated in adjudication but claimed awareness only upon receipt of a later recovery reminder, observing that the appellant's request for a certified copy omitted mention of non-receipt of earlier reminders. The tribunal stressed that failure to follow up and to record non-receipt in correspondence weakens a claim for condonation and invoked the maxim vigilantibus non dormientibus jura subveniunt. (AI Summary)
Author
Date 20 Sep 2025
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Prematurity of writ against show cause notice: reply to SCN required before seeking judicial review of GST jurisdiction.
The court held that a writ against an unadjudicated GST Show Cause Notice alleging taxability of offshore construction services is premature where the SCN raises multiple factual and legal issues requiring a detailed reply. The authority must receive the petitioner's response so it can form a reasoned view on the location of supplier and recipient and the place of supply for immovable property; prior authorities addressing final orders were distinguished. The petitioner was directed to submit a detailed reply and may challenge any adverse final order by ordinary remedies. (AI Summary)
Author
Date 20 Sep 2025
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Non-signatory participation in arbitration prohibited; courts lack jurisdiction to permit intervention once an arbitrator is appointed.
Non-signatories have no legal right to be present in arbitration proceedings between signatories; an arbitral award binds only the parties to the arbitration agreement and non-parties remain strangers to the process. Permitting non-parties to attend or observe arbitration would breach the confidentiality obligations of arbitrators, arbitral institutions and parties, and courts become functus officio after disposing applications under the Act that appoint an arbitrator, precluding post-disposal intervention applications in those proceedings. (AI Summary)
Date 19 Sep 2025
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Pre-deposit requirement limits appellate access; writ jurisdiction may provide narrow relief for negligible delay or procedural defects.
Section 107 CGST establishes a strict appellate framework combining a three-month limitation plus a one-month condonable extension and a mandatory pre-deposit (ten per cent of disputed tax subject to a capped ceiling), together with safeguards against enhancement without hearing and a requirement for reasoned orders; Calcutta High Court rulings show limited writ-jurisdiction relief for negligible delay or procedural defects but affirm the general mandatory character of pre-deposit. (AI Summary)
Date 19 Sep 2025
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GST liability on joint development agreements arises on transfer of possession via conveyance, not on mere agreement signing.
Under Rate Notification No. 4/2018, GST on supplies arising from joint development arrangements is triggered when the developer transfers possession or a right in the completed structure by conveyance, allotment letter or similar instrument, not on signing the JDA. Where parties later execute a sale/conveyance that transfers land and expressly extinguishes JDA claims, no taxable supply under the original JDA survives. Any demand premised on pre-transfer liability must also contend with statutory limitation, which bars adjudication if not issued within prescribed periods. (AI Summary)
Author
Date 19 Sep 2025
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Authorised signatory validity in GST appeals can be cured; appellants must be allowed to regularise documents and be heard.
Under GST appeals, Rule 26(2) prescribes who may sign electronic filings and Rule 108 prescribes appeal form and verification; Appellate Authorities must verify authorisation but procedural defects in proof of authorised signatory or self certification are generally curable. High Court decisions remanded appeals where authorities dismissed filings for lack of board resolutions or uncertified copies, directing appellants be allowed to submit proper authorising documents and self certified copies and ordering fresh, reasoned consideration after affording a reasonable opportunity to be heard. (AI Summary)
Date 18 Sep 2025