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Withdrawal of refund application: taxpayers may withdraw GST refund claims before acknowledgement, restoring ledger balances and permitting refile.
Rule 90(5) permits withdrawal of a filed GST refund application by filing FORM GST RFD-01W through the portal before issuance of provisional or final sanction, payment, withhold orders, or notices; withdrawal is only available until acknowledgement is issued, restores the electronic cash/credit ledger debited at filing, sends confirmation to the taxpayer, and allows refiling as if the original claim had not been filed. (AI Summary)
Date 24 Jul 2025
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Suo motu summons for document production enabled, reshaping discovery and witness examination procedures in appellate proceedings.
The Rules set out discovery, summons and document-production procedures referencing the Code of Civil Procedure where applicable; summons applications must specify the document and relevancy and public officer summons follow GSTAT FORM 06. The Tribunal may issue suo motu summons, require deposits for record transmission, and prescribe marking of exhibits as A/B/C series. Orders XVI and XXVI CPC apply mutatis mutandis to summoning, attendance, oathed examination and commissions; oaths, deposition recording in GSTAT FORM 07, witness numbering, allowances, discharge certificates in GSTAT FORM 08 and specimen collection by the Commissioner are governed by the Rules. (AI Summary)
Date 24 Jul 2025
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Customs compliance strategies speed import clearance using pre-filing, precise HSN classification, AEO benefits and ledger reconciliation.
Pre-arrival documentary readiness on e-Sanchit, authoritative HSN classification supported by advance rulings and expert certificates, enrolment as an Authorised Economic Operator for expedited processing and financial benefits, reconciled ICEGATE electronic cash ledger balances, and integrated Customs House Agent partnerships together form a compliance ecosystem that materially accelerates customs clearance for D2C shipments. (AI Summary)
Author
Date 24 Jul 2025
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Declaration requirement for returning passengers mandates channel selection and truthful disclosure, with seizure and penalties for falsehood.
Passengers arriving from abroad must follow a mandatory declaration regime using Red, Green, or Orange channels; Green selection is a legal nil-declaration. Dutiable goods require filing a Customs Declaration Form (electronic or manual), presentation at Red/Orange counters, officer assessment, baggage verification, payment of duty after General Free Allowance exemptions, and issuance of a clearance slip. Non-declaration or false declaration can lead to seizure and confiscation, penalties, prosecution where thresholds apply, and recovery of duty with interest, and may trigger risk-management scrutiny. (AI Summary)
Author
Date 24 Jul 2025
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GST registration thresholds and input tax credit rules govern tax liability and cross state supply treatment for businesses.
GST is a destination based indirect tax on supplies, distinguishing intra state taxation into central and state components and inter state taxation under an integrated mechanism. Registration is mandatory on crossing prescribed turnover thresholds or for specified activities, while voluntary registration permits claiming input tax credit. ITC allows set off of tax on inputs against output liability, subject to record keeping and reconciliation. Compliance requires timely filing of specified returns, payment of liabilities, reconciliation between returns, and statutory audits for larger taxpayers, with ongoing monitoring of regulatory changes. (AI Summary)
Author
Date 24 Jul 2025
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Show cause notice issuance must align with the tax period; notices cannot be clubbed across multiple financial years.
The GST framework requires issuance of a show cause notice by reference to the applicable tax period; where annual returns are filed the tax period is the financial year and notices must be framed on the basis of those annual returns. If a notice is issued prior to annual return filing, it may be based on monthly returns; if issued after annual returns are filed or after limitation has commenced, it must be based on the relevant annual returns. Consequently, a single show cause notice cannot lawfully be clubbed to cover more than one financial year. (AI Summary)
Date 24 Jul 2025
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Organic textile certification secures export eligibility but exporters must meet documentary and customs compliance obligations.
Export of organic textiles requires recognised third party certification (commonly GOTS/OCS) and compliance with the Foreign Trade Act and Foreign Trade Policy procedures, including correct ITC classification, IEC registration, shipping bill filings and adherence to destination labelling and inspection regimes. APEDA/NPOP manages accreditation for specified agricultural categories but has clarified that organic textiles are outside the NPOP accreditation scope; exporters must therefore furnish transaction certificates or certifications issued through Textile Exchange/GOTS or as required by buyers, and non compliance or misrepresentation can invite customs penalties and de accreditation. (AI Summary)
Author
Date 24 Jul 2025
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Restricted goods controls require prior import/export authorisation, sectoral clearances, and trigger seizure and penalties for non compliance.
Regulation of the cross border movement of restricted goods is governed by the FTDR Act and delegated instruments whereby the DGFT classifies items as Free, Restricted or Prohibited and issues import/export licences. Restricted imports and exports require prior authorisation and sectoral clearances, supported by documentary evidence such as end use certificates; non compliance attracts seizure, confiscation, penalties and prosecution under the FTDR Act and the Customs Act. Allied statutes and regulatory agencies coordinate on controls for hazardous, strategic, pharmaceutical, narcotic and nuclear materials. (AI Summary)
Author
Date 24 Jul 2025
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Adjudication in customs law secures administrative decision making and a structured multi tier appeal pathway for affected parties.
Adjudication in customs law is the administrative procedure where designated customs officers issue a show cause notice, permit a response and personal hearing, and record an Order in Original determining classification, valuation, duties, refunds, and enforcement measures such as penalties and confiscation; appeals proceed through a structured multi tier regime providing initial review by the Commissioner of Customs (Appeals) and further appellate avenues for questions of law. (AI Summary)
Date 23 Jul 2025
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Unutilised input tax credit - refund available without mandatory TRAN form filing, protecting vested tax rights.
Filing Form GST TRAN-1 is treated as facilitative rather than jurisdictional; absence of TRAN submission does not defeat a refund claim for unutilised VAT credit where the credit was substantiated in VAT returns and not availed under GST. Deemed assessment and limitation rules preserve the unadjusted credit for refund, and the transitional savings provision maintains vested rights under the repealed law, so procedural non filing of TRAN does not extinguish substantive refund entitlement. (AI Summary)
Date 23 Jul 2025
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Application of precedent across regimes: GST ratio cannot be mechanically applied to Cenvat without pari materia analysis.
The tribunal held that applying the Safari Retreats ratio from the CGST Act to deny credit under Rule 2(l) of the Cenvat Credit Rules was flawed because the Commissioner failed to establish that Rule 2(l) and Section 17(5)(d) were pari materia; Rule 2(l) contains an inclusive definition of input services and required a comparative textual and purposive analysis before disallowing credit, leading to remand for fresh consideration with liberty to the appellant to make submissions. (AI Summary)
Author
Date 23 Jul 2025
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Cycling development ecosystem needs systemic investment and infrastructure reform to enable Indian riders to reach elite international competition.
India's absence from the Tour de France reflects a multifactorial deficit in the national Cycling development ecosystem: chronic underfunding and preferential allocation to other sports; lack of safe, long-distance training infrastructure and a UCI-accredited domestic race calendar; minimal grassroots programs and role models; federation capacity constraints; limited sports science, international exposure, and sponsorship. Coordinated investment in grassroots academies, infrastructure, sports science, UCI-linked races, and media engagement is required to convert population-level potential into internationally competitive riders. (AI Summary)
Author
Date 23 Jul 2025
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Revisionary power under Section 108 cannot stay refund orders absent a recorded opinion of error or impropriety.
A Revisional Authority cannot stay a sanctioned refund from the Electronic Cash Ledger without recording an independent opinion that the original refund order was erroneous, illegal, improper, or prejudicial to the revenue; post-facto allegations of wrongful input tax credit do not replace the statutory requirement under Section 108 to form and record such a conclusion. (AI Summary)
Author
Date 23 Jul 2025
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Doctrine Against Retrospective Taxation blocks retrospective IGST on re imported aircraft parts and preserves input tax credit position.
The Supreme Court dismissed the revenue's appeal, holding that IGST could not be imposed retrospectively via a 2021 notification where the 2017 customs notification did not clearly include IGST. The Court applied the Doctrine Against Retrospective Taxation, ruled ambiguities must be construed in favour of the taxpayer, and identified the practical risk that retrospective IGST levies on re imported aircraft parts would disrupt Input Tax Credit entitlement and create valuation mismatches between customs and GST treatments. (AI Summary)
Date 22 Jul 2025
Replies 1 Reply
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Bakery classification under GST composition scheme determines treatment as manufacture or restaurant service and ITC eligibility.
Whether a bakery is treated as manufacture of goods or as a restaurant service determines composition scheme eligibility: purely packaged sales prepared in house qualify as manufacture and may opt for the manufacturer composition rate, while provision of dine in or restaurant type service (including certain takeaways treated as restaurant supply) renders the activity a restaurant service with the restaurant composition rate and disallows input tax credit; mixed outlets require assessment under composite and mixed supply principles and careful segregation of records. (AI Summary)
Author
Date 22 Jul 2025
Replies 1 Reply
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Service by registered email deemed effective; statutory appeal required before invoking writ jurisdiction.
Service through the e-mail and mobile number recorded at registration fulfills the statutory modes of communication and is deemed complete; electronic records entering the designated computer resource are treated as received, and failure to update contact details does not invalidate service. Where statutory communication is valid, the taxpayer must avail the statutory appeal remedy; writ jurisdiction is ordinarily inappropriate in the absence of exceptional circumstances such as a breach of fundamental rights or denial of natural justice. (AI Summary)
Author
Date 22 Jul 2025
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Invoice date mismatch: pursue Customs side revalidation via ICEGATE and escalate by grievance or RTI if unresolved.
IGST refunds blocked by mismatched invoice dates after the Rule 59(5) amendment window should be pursued through Customs Side Revalidation via ICEGATE, by filing a formal application to the jurisdictional Customs/Refund Officer attaching the shipping bill, GSTR 1, GSTR 3B payment proof, bank details and a self-declaration, requesting revalidation of SB details in the EDI system; lodge grievances on GST and ICEGATE portals and, if unresolved, escalate via RTI and consider writ relief as a last resort. (AI Summary)
Author
Date 22 Jul 2025
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Packaging and labeling compliance ensures accurate declarations and measurement conformity, strengthening consumer transparency and enforcement.
The Legal Metrology (Package Commodity) Rules, 2011 mandate that pre packed commodities display manufacturer/packer/distributor details, declared net quantity by weight/volume/number, net quantity, retail price and manufacture date, and require declared measurements to conform to prescribed units. Enforcement authorises legal metrology officers to inspect packaged goods and impose penalties for non compliance. Subsequent amendments added barcode/QR code disclosures, eco friendly packaging provisions, multi unit quantity clarification and digital labeling requirements for e commerce, with notifications in the Official Gazette setting compliance timelines. (AI Summary)
Author
Date 22 Jul 2025
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Personal hearing requirement: adjudicators must grant multiple hearing opportunities and recorded adjournments to ensure fair adjudication.
Adjudicating authorities must provide multiple personal hearing opportunities before passing adjudication orders: authorities should grant at least four personal hearings with three adjournment opportunities recorded in writing, issue separate communications for each hearing or extension, and maintain a record of oral and written submissions; the requirement, grounded in the statutory adjudication provision and the master circular, applies to the GST adjudication framework to ensure natural justice and effective taxpayer participation. (AI Summary)
Author
Date 21 Jul 2025
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Manufacture determination: pasteurisation, standardisation and retail repacking render milk manufacturing, excluding it from business auxiliary service tax.
The combined processes of chilling, separation, standardisation, pasteurisation and retail pouch packing of milk render the product marketable and therefore amount to manufacture under Chapter Note of the Central Excise Tariff; activities that amount to manufacture are excluded from Business Auxiliary Service under Section 65(19) of the Finance Act and thus are not subject to service tax as such. (AI Summary)
Author
Date 21 Jul 2025