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Input Tax Credit reversal requires proof of recipient fraud, not merely upstream vendor defaults or later registration cancellation.
ITC reversal based on upstream supplier fraud requires material establishing the recipient taxpayer's own intentional fraud, wilful misstatement, or suppression. Vendor default, later registration cancellation, and unverified intelligence reports alone do not establish fraudulent intent. A recipient may rely on evidence of actual supply, including e-way bills, transport and delivery records, invoices, bank payments, GSTR-2B reflection, and proof of valid supplier registration at the time of purchase. Disclosure of third-party material relied upon is necessary to permit rebuttal. (AI Summary)
Author
Date 24 Jul 2026
Replies 1 Reply
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Director liability for GST arrears may survive company liquidation, subject to proof of absence of neglect or breach of duty.
GST recovery from a private company in liquidation may extend to directors who held office during the period for which tax became due, subject to the statutory defence that non-recovery was not caused by their gross neglect, misfeasance or breach of duty. That defence must be established before the Commissioner on relevant facts and records. Separate legal identity generally protects connected firms and companies, but may receive closer scrutiny where common control, shifting family roles, or entity structures indicate possible frustration of statutory recovery. Bank attachment also depends on the nature of the account and funds held. (AI Summary)
Author
Date 24 Jul 2026
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Refundable deposits require application as taxable consideration; accounting entries alone cannot establish service tax or GST liability.
Taxability of refundable advances or security deposits depends on whether they are consideration for a taxable service, not on mere receipt or balance-sheet classification. Records showing that amounts were refundable and returned when arrangements did not materialise support their treatment as deposits rather than taxable consideration. Cum-tax valuation applies where tax was not separately recovered. A verified completion certificate should not be denied on procedural grounds, and sale of flats owned by the seller is distinct from real estate agent activity. Under GST, a refundable deposit becomes payment only when applied as consideration. (AI Summary)
Author
Date 24 Jul 2026
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Women Directors and Board Diversity strengthen corporate governance through mandatory representation, fiduciary accountability, meaningful participation and inclusive oversight.
Specified companies must appoint at least one woman director under the Companies Act, 2013, while the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 impose further requirements for listed entities, including an independent woman director for applicable categories. Women directors are subject to the same eligibility, disqualification and fiduciary standards as other directors. Effective board diversity requires meaningful participation, skills-based selection, independent judgment, inclusive board processes and strengthened governance, compliance, risk and ESG oversight. (AI Summary)
Author
Date 24 Jul 2026
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Oppression and mismanagement protections restrain unfair majority control through minority shareholder remedies and equitable corporate governance safeguards.
Oppression and mismanagement limit majority control where company affairs are conducted unfairly or prejudicially. Oppression includes unfair prejudice to minority shareholders through exclusion, denial of information, improper share dilution, diversion of profits, or misuse of voting power, even where conduct is technically lawful but lacks probity. Mismanagement concerns administration prejudicial to the company, public interest, shareholders, or creditors. Members may approach the National Company Law Tribunal, subject to eligibility requirements and possible waiver, for measures including regulation of affairs, removal of directors, cancellation of share transfers, share purchase, recovery of undue gains, and termination of agreements. (AI Summary)
Author
Date 24 Jul 2026
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Real estate input tax credit remains available during taxable construction but requires reversal for unsold units after completion or occupation.
Construction intended for sale is a taxable supply of services until the earlier of issuance of the required completion certificate or first occupation. An application for an Occupancy Certificate does not itself end credit eligibility. Once unsold units transition to post-completion or post-occupation sales, they are treated as exempt supplies for input tax credit purposes, requiring proportionate restriction and reversal of credit attributable to that inventory. First occupation is assessed by actual physical possession and habitation, independently of separate real estate regulatory completion requirements. (AI Summary)
Date 23 Jul 2026
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Wrongly availed input tax credit attracts interest only upon utilisation, with liability running until reversal or tax payment.
Interest under section 50(3) applies only where input tax credit is both wrongly availed and actually utilised to discharge GST liability; mere availment or reversal before utilisation does not attract interest. Under Rule 88B(3), interest runs from the date of utilisation until reversal or tax payment. Utilisation occurs when the electronic credit ledger falls below the wrongly availed credit amount due to tax payment. Wrongful availment and utilisation includes use of credit where the registered person is not eligible or entitled to it, and is not confined to fraudulent or bad-faith cases. (AI Summary)
Date 23 Jul 2026
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GST portal monitoring and timely appeals are essential when challenging adjudication demands, recovery action, notice communication, and hearing violations.
GST taxpayers must monitor the common portal and respond promptly to show-cause notices, adjudication orders and recovery communications while registration remains active. The commentary reports that challenges to GST demands were not entertained where the taxpayer did not file the statutory first appeal within limitation and the asserted lack of knowledge of portal communications was not accepted. It stresses timely use of appellate remedies and identifies possible further challenges concerning invocation of section 74, personal hearing and natural justice, effective communication of notices, timely recovery action, and limitation. (AI Summary)
Date 23 Jul 2026
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Car insurance coverage protects against third-party liabilities and specified vehicle losses, subject to exclusions, deductibles, and claim conditions.
Car insurance compensates covered vehicle losses in exchange for premium and supports compliance with third-party liability requirements. Comprehensive cover may protect against third-party liabilities, accidents, theft, fire, natural calamities and specified man-made damage, subject to exclusions and policy conditions. Insured Declared Value governs the maximum payment for theft or total loss; No Claim Bonus reduces renewal premium after claim-free years; and deductibles allocate part of an eligible claim to the policyholder. Prompt claim notification, evidence and documentation are required, and coverage should be assessed with exclusions, add-ons, renewal terms and cashless facilities. (AI Summary)
Date 23 Jul 2026
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Curative GST refund formula requires live inverted-duty credit claims to be processed under the amended legal position.
Inverted-duty GST refund claims involving unutilised input tax credit must be considered under the amended Rule 89(5) where its curative and clarificatory character permits retrospective application to live claims. The earlier formula excluded input-service credit from Net ITC, while the substituted formula addresses the identified anomaly. A deficiency memo based solely on the earlier formula should not prevent processing under the amended position. Refund entitlement nevertheless remains subject to limitation, eligibility, documentation, computation, and other procedural conditions. (AI Summary)
Author
Date 23 Jul 2026
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GST inspection and search powers require reason to believe, written authorisation, taxpayer safeguards, and criminal procedure compliance.
GST inspection, search and seizure powers under section 67 are exceptional measures that require a written authorisation based on reason to believe by a proper officer not below the rank of Joint Commissioner. They may address suppressed transactions, excess input tax credit, tax-evasion contraventions and goods escaping tax. Goods and relevant records may be seized or detained, subject to safeguards including copies of records, limited retention, provisional release, notice-linked return of goods, inventory requirements, and criminal procedure safeguards during search and seizure. (AI Summary)
Date 23 Jul 2026
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GST appellate limitation imposes a fixed outer condonation limit, while writ review remains confined to exceptional legal defects.
Section 107 creates a self-contained GST appeal limitation regime: an appeal must be filed within three months from communication of the order, with condonation available only for a further month on sufficient cause. The Appellate Authority cannot entertain an appeal after that outer limit, and Section 5 of the Limitation Act is excluded by necessary implication because applying it would override the defined statutory condonation window. Writ jurisdiction remains independently available only in exceptional cases of serious legal defect and is not a substitute for a delayed statutory appeal. (AI Summary)
Author
Date 23 Jul 2026
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Advance ruling locus standi limits third-party challenges where financial exposure arises solely from contractual GST reimbursement obligations.
GST advance rulings bind only the applicant and the concerned or jurisdictional officer, and do not statutorily bind commercially affected third parties. A recipient's financial exposure under a contractual GST reimbursement clause does not itself confer locus standi to challenge a supplier's advance ruling. Where "applicable GST" is not tied to an agreed classification or rate, it refers to tax determined according to law. Contractual protection against classification disputes, adverse rulings and tax-cost consequences must be expressly provided for in the agreement. (AI Summary)
Author
Date 23 Jul 2026
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Dedicated freight corridors improve rail cargo capacity, port connectivity and supply-chain reliability while supporting lower logistics costs and sustainable transport.
Dedicated Freight Corridors are exclusive, electrified rail networks designed to separate freight from passenger traffic and improve capacity, speed, reliability and port connectivity. Higher axle loads, longer trains, modern signalling, real-time monitoring and double-stack container operations on the Western corridor support more efficient cargo movement. The corridors are intended to reduce logistics, inventory and warehousing costs, strengthen multimodal links with ports and industrial centres, and support manufacturing, exports and supply-chain planning. Implementation requires resolution of land, clearance, financing, cost and inter-agency coordination issues. (AI Summary)
Author
Date 23 Jul 2026
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Extraordinary general meetings enable shareholder approval for urgent special business through notice, disclosure, quorum, voting, and recorded minutes.
An Extraordinary General Meeting enables shareholder approval for urgent or special business that cannot await the annual general meeting. It may be called by the Board, requisitioned by eligible members, or ordered where ordinary convening is impracticable. Valid conduct requires prescribed notice, an explanatory statement for every special-business item, applicable quorum, lawful voting methods, proxy compliance, and properly maintained minutes. The company secretary supports compliance, meeting arrangements, record-keeping, and required regulatory filings. (AI Summary)
Author
Date 23 Jul 2026
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Annual General Meetings require timely notice, quorum, voting and minutes to enable shareholder oversight and corporate governance.
Annual General Meetings are mandatory annual member meetings for companies other than One Person Companies. They provide a forum to consider financial statements, dividends, director and auditor appointments, and ordinary or special business. Compliance requires timely convening, proper notice, quorum, voting arrangements, explanatory statements for special business, and preparation and permanent preservation of minutes. Members may attend, vote, appoint proxies and participate through applicable voting methods. Failure to hold an AGM may lead to a direction for convening the meeting and statutory penalties for the company and defaulting officers. (AI Summary)
Author
Date 23 Jul 2026
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Secretarial practices strengthen corporate compliance through statutory records, meeting administration, regulatory filings, governance reporting, and Company Secretary oversight.
Secretarial practices ensure company compliance with corporate, securities, and other applicable legal requirements through statutory records, meetings, filings, disclosures, and governance processes. The Company Secretary, as key managerial personnel, acts as compliance officer, Board adviser, governance professional, and stakeholder coordinator. Responsibilities include incorporation, administration of Board and general meetings, maintenance of statutory registers and corporate records, regulatory filings, secretarial audit, share-capital management, corporate restructuring, and compliance reporting. Effective practices promote transparency, accountability, investor confidence, risk reduction, and informed corporate decision-making. (AI Summary)
Author
Date 23 Jul 2026
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Professional due diligence obligations extend to specified client financial transactions linked with property, assets, accounts and business entities.
Practising chartered accountants, company secretaries and cost and management accountants may fall within Prevention of Money Laundering Act reporting-entity coverage when undertaking specified financial transactions for clients. The coverage concerns property dealings, management of client assets or accounts, company-related contributions and management, and business-entity transactions. The broad connection to such transactions may extend to related professional assistance. Professionals are expected to conduct client due diligence, examine suspicious transactions involving possible money laundering or terrorist financing, report relevant matters, and retain due-diligence records for five years. (AI Summary)
Author
Date 22 Jul 2026
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GST governance reform calls for regular Council meetings, revised thresholds, coordinated jurisdiction, and reduced housing-related input tax credit restrictions.
The commentary recommends revisiting GST registration and composition-scheme thresholds so that tax administration can focus on higher-value cases rather than numerous small taxpayers. It also calls for improved adjudication quality and for eliminating duplicative concurrent jurisdiction by requiring intelligence to be acted upon by the administration having jurisdiction over the taxpayer, or shared with that administration. The article further urges regular quarterly GST Council meetings and proposes removal of the construction-related input tax credit restriction to reduce housing costs. (AI Summary)
Date 22 Jul 2026
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E-way bill compliance requires pre-movement documentation, subject to specified exemptions and limited short-distance vehicle-detail relaxation.
E-way bills are electronic GST movement documents generally required before transport of goods where consignment value exceeds Rs. 50,000, including movements other than supply. Responsibility generally lies with the registered person causing movement, with suppliers, recipients and transporters having specified roles. Rule 138 provides value-independent requirements for inter-State job work and specified handicraft movements, alongside exemptions for prescribed goods and movements. A 20 km weighbridge movement with a Rule 55 delivery challan is exempt, whereas specified 50 km intra-State movements only relax Part B vehicle-detail requirements. Wrong particulars require cancellation and fresh generation. (AI Summary)
Author
Date 22 Jul 2026