Just a moment...

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
Customs classification and legal metrology compliance can trigger penalties and shipment disruption without proactive controls.
Customs classification and valuation errors, non-compliance with Rules of Origin, and failures in import/export licensing for restricted chemicals create risks of duties, anti-dumping measures, seizures, and penalties; concurrently, legal metrology non-compliance-incorrect net quantity declarations, improper labeling, and unverified measuring instruments-exposes businesses to regulatory fines, safety incidents, consumer disputes, and loss of market access. Mitigation requires robust classification and valuation processes, meticulous documentation, regular instrument verification, technology-enabled controls, and collaboration with customs and metrology stakeholders. (AI Summary)
Author
Date 28 Jun 2025
Like 0 Bookmark
Labelling compliance: harmonise Legal Metrology, product certification, and environmental disclosures to reduce confusion and improve transparency.
Overlapping labelling requirements across Legal Metrology, BIS, and Environmental Standards create compliance and consumer-information challenges. Legal Metrology prescribes net quantity and transactional declarations; BIS mandates quality and material specifications; environmental rules demand sustainability and hazard disclosures. Conflicts in formatting and definitions, fragmented oversight, and multiple marks on packaging increase non-compliance risk and consumer confusion. Harmonisation efforts, digital labelling (QR/NFC), blockchain traceability, and standardized templates are proposed solutions, alongside cross-functional manufacturer practices and proactive regulator engagement to streamline compliance and improve label clarity. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
Customs and legal metrology compliance requires governance as AI automation can cause misclassification, measurement errors, and cybersecurity vulnerabilities.
AI and automation deliver process optimisation, predictive maintenance, supply-chain automation, automated quality control, and innovation in the chemical industry, but they raise concentrated compliance risks in customs classification, legal metrology verification, data integrity, regulatory uncertainty, and cybersecurity. Managing those risks requires robust data governance, regulatory engagement, tailored cybersecurity, continuous training, and periodic audits and re-certification of automated measuring instruments to ensure statutory verification and trade compliance. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
Anti-encroachment campaign enforces demolition of illegal market structures and removal of unauthorised water connections to restore public space.
Municipal anti-encroachment campaign demolished unauthorised shop extensions and a run-down building in a crowded market with police support after repeated warnings, and removed multiple illegal water connections breaching a main pipeline, with officials stating the clearance operation is ongoing under civic administration direction. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
Due process in GST: orders issued without proper show cause notice or personal hearing are unsustainable and set aside.
Orders in GST adjudication issued without a proper show cause notice in the prescribed form, without requisite authentication, or without granting the affected party a personal hearing violate procedural requirements; summary communications and statements of determination do not substitute for a detailed SCN, and failure to observe prescribed formats and the right to be heard renders the adjudication procedurally defective. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
Right to GST registration requires procedural safeguards preventing arbitrary cancellations and protecting constitutional rights and hearings.
GST registration is characterised as a fundamental right under Articles 14, 19(1)(g) and 21, requiring cancellations to be grounded in specific statutory criteria and to observe the Principles of Natural Justice: clear notice, opportunity of hearing and a reasoned order. Courts have held that labels such as "bogus" or mere non-filing of a reply cannot justify automatic cancellation; orders lacking reasons or made without hearing violate equality and livelihood protections and are remitted for fresh adjudication. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
Reverse charge on export commission invalid where no contractual or payment nexus with foreign agent.
Service tax on commission shown in export invoices is not leviable under the reverse charge where no contract or direct payment relationship exists between the Indian exporter and the foreign commission agent; the reverse charge requires a service provider-recipient nexus, and disclosed commission in export documentation negates suppression justifying extended limitation. (AI Summary)
Author
Date 27 Jun 2025
Like 0 Bookmark
GST registration requirement: online application, specified documents, verification methods, timelines and GSTIN allotment for liable businesses.
Registration under GST is required for liable suppliers and certain categories of persons; the online process uses a two part application on the GST portal, issues a Temporary Reference Number, requires uploading specified identity, business and bank documents, and proceeds to verification via Aadhaar authentication or Digital Signature Certificate, after which a GSTIN is allotted and the registration certificate can be downloaded. (AI Summary)
Author
Date 26 Jun 2025
Like 0 Bookmark
Misdeclaration in carriage permits post-delivery recovery of additional freight and penalties where description is materially false.
Demands grounded on materially false written descriptions of consigned goods are authorised under the carriage liability regime and permit recovery of appropriate rates and additional amounts after delivery; by contrast, penal charges specific to physical overloading are governed by a pre-delivery recovery regime and related commercial rules requiring dues to be cleared before release of goods. (AI Summary)
Date 26 Jun 2025
Like 0 Bookmark
GST registration suspension requires departmental personal hearing; re inspection requests should be pursued before adjudicating authority in writ challenges
The court confines writ relief in challenges to suspension of GST registration by refusing to quash the departmental show cause notice, requiring the department to grant a personal hearing to the taxpayer, and directing that requests for re inspection of premises be made before the adjudicating authority rather than through the writ forum. (AI Summary)
Author
Date 26 Jun 2025
Like 0 Bookmark
Legal practitioner privilege: summons to advocates restricted and require Director approval when statutory exceptions apply.
Enforcement directives require respect for legal practitioner privilege under section 132 of the Bharatiya Sakshya Adhiniyam, 2023: advocates shall not be summoned in violation of the privilege and any summons under proviso exceptions must have prior approval of the Director, ED. The Government of NCT Delhi mandates personal hearings in GST proceedings be conducted virtually with prescribed notice, authentication, recording and validation procedures. GSTN/NIC will introduce interoperable E-Way Bill 2.0 services and has issued FAQs on IMS and an advisory that returns older than three years will be barred from filing on the portal. (AI Summary)
Date 26 Jun 2025
Like 0 Bookmark
Input Tax Credit denial cannot stand where purchaser paid on valid invoices; authorities must pursue supplier accountability instead.
Where a purchaser has valid tax invoices and has paid via banking channels, the purchaser cannot be denied Input Tax Credit due to the supplier's failure to deposit tax or file returns; the assessing authority must verify purchaser compliance, initiate parallel proceedings against the supplier, grant personal hearings, and pass a reasoned order after inquiry. (AI Summary)
Author
Date 26 Jun 2025
Replies 2 Replies
Like 0 Bookmark
Digital customs compliance requires automated filings and strong cybersecurity to meet modern import export regulatory obligations.
Digital customs compliance in India converts import export regulatory procedures into electronic workflows through initiatives such as a national electronic gateway for filings, a Single Window Interface for multi agency clearances, faceless assessment under Turant Customs, and a Risk Management System to target inspections. The regime requires accurate electronic classification, valuation and documentation, alignment with international trade standards, and robust cybersecurity. Businesses are advised to automate documentation, train staff, monitor regulatory updates, engage licensed brokers or consultants, and carry out internal audits to remain compliant and efficient. (AI Summary)
Author
Date 26 Jun 2025
Like 0 Bookmark
Hazardous waste management and emissions compliance shape obligations for chemical manufacturers under environmental clearance and monitoring regimes.
Compliance in the Indian chemical sector focuses on hazardous waste management, air and water emissions control, safe storage and emergency preparedness, and EIA requirements under respective environmental laws, enforced by the Central and State Pollution Control Boards; obligations include obtaining environmental clearances, continuous monitoring and reporting, meeting effluent and emission standards, proper treatment and disposal, and implementing robust emergency response and environmental management systems. (AI Summary)
Author
Date 26 Jun 2025
Like 1 Bookmark
Refund of Unutilised Input Tax Credit: allowing refunds on business closure challenges statutory limits and established precedent.
Whether the procedural refund enabling clause creates a standalone substantive right to recover unutilised Input Tax Credit on business closure is disputed. The author contends the refund provision's exclusionary language confines refunds to a closed class, and that treating procedural language as granting broader refund entitlement renders the specific limitation redundant, breaches rules of strict construction and harmonious interpretation, and risks fiscal abuse by allowing encashment of credits not authorised by statutory refund categories. (AI Summary)
Date 25 Jun 2025
Like 0 Bookmark
SCM Agreement binding on WTO members: enforceable subsidy rules, domestic incorporation, and dispute settlement enforcement.
The SCM Agreement's authority stems from its inclusion in the Marrakesh Agreement as an Annex 1A treaty obligation binding on all WTO Members, requiring domestic incorporation of subsidy rules, authorizing administrative investigations and countervailing measures, and relying on the WTO Dispute Settlement Understanding for enforcement; the Agreement defines subsidies, prohibited and actionable measures, procedural rules for imposition and notification obligations, while WTO committees and special and differential treatment for developing members shape oversight and implementation. (AI Summary)
Author
Date 25 Jun 2025
Like 0 Bookmark
Delay in filing of appeal condoned where impugned GST order remained unnoticed; restoration allowed subject to additional pre deposit.
The court condoned delay in filing an appeal against an ex parte GST order that remained unnoticed after being uploaded on the GST common portal, accepting the assessee's explanation as genuine. The rejection for delay was set aside and the appeal restored for adjudication on merits subject to the petitioner making an additional pre deposit; the appellate authority must grant a sufficient opportunity to be heard and decide the appeal in accordance with law. (AI Summary)
Author
Date 25 Jun 2025
Like 0 Bookmark
Court diary requirements ensure timely recording and transmission of proceedings, preserving tribunal process integrity and transparency.
The Rules require the Court Officer to maintain a prescribed court diary recording matter identification, sitting times, dictation/assignment of judgments, hearing status, adjournments and remarks, with the main file diary to include a concise history, substance of orders and execution records; fortnightly checks by the Deputy or Assistant Registrar are mandated. The Court Officer must also maintain an English order sheet signed by Bench Members or by the Court Officer for routine directions, and maintain the court diary on the Tribunal portal reflecting dispositions and next dates. Parties must furnish citations before proceedings and registrars must ensure staff availability, decorum, immediate transmission of records, and verification and communication of Bench directions. (AI Summary)
Date 25 Jun 2025
Like 0 Bookmark
Deemed sale principle: exclusive, long term trademark license treated as sale, not taxable as service under service tax law.
Royalty received under an exclusive, long term trademark license that transfers the right to use the mark is a deemed sale outside the definition of service; such permanent, exclusive transfers do not qualify as declared services and are not taxable as service, but refunds of tax paid under a mistaken belief can be denied if the payer collected the tax from the recipient and fails to rebut unjust enrichment. (AI Summary)
Author
Date 25 Jun 2025
Like 0 Bookmark
GST reimbursement entitlement: post implementation contracts require tax reimbursement and fair administrative consideration.
Paragraph 4 of Notification No. 5050 F(Y) governs post GST contracts and ongoing projects with pre GST estimates, obliging levy and reimbursement of WBGST and CGST for contracts awarded after 1 July 2017. Paragraph 3(iv) is limited to pre GST billing comparisons and cannot be read to deny reimbursement for post implementation contracts. Contractors who paid GST in good faith on such contracts are entitled to have reimbursement claims considered with fair hearing and reasoned administrative action. (AI Summary)
Author
Date 25 Jun 2025