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Detention of goods under GST allows temporary seizure for rule contraventions, with release via tax payment or bond-backed provisional release.
Section 129 permits temporary detention or seizure of goods and conveyances in transit for contraventions of the CGST Act or rules; prescribed MOV forms govern the process from inspection (MOV-01, MOV-02, EWB-03, MOV-04) to release or detention (MOV-05, MOV-06, MOV-07). Release options include payment of tax and prescribed penalties, furnishing a bond and security (MOV-08) for provisional release under Rule 140, or eventual confiscation proceedings under Section 130 (MOV-10, MOV-11) if demands are not met. Limited clerical errors need not trigger detention but may attract a small penalty. (AI Summary)
Date 28 Apr 2025
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Loan characterization overruled treatment as business receipts, hinging on bank records establishing loan nature of bank credits.
The tribunal analysed the bank records and bank certificate and found the credited amounts traceable to loans (including a loan against fixed deposits and unsecured advances) and to identified business and commission receipts, concluding these amounts were not business receipts and that the bank statement was conclusive on the characterization issue, obviating the need for remand for fresh adjudication. (AI Summary)
Date 28 Apr 2025
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Director disqualification risk increases where persistent ROC non filing triggers penalties, strike off and loss of legal standing.
Persistent failure to file annual returns (Form MGT-7) and financial statements (Form AOC-4) within AGM linked timelines attracts daily penalties and additional statutory sanctions; continued default can result in director disqualification, ROC initiated strike off or inactivity designation, and loss of legal standing that restricts contracting and fundraising. Timely filings maintain active company status and corporate governance. (AI Summary)
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Date 28 Apr 2025
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Inverted Duty Structure refund: claim unutilized input tax credit using the prescribed calculation and Form GST RFD 01.
The Inverted Duty Structure refund addresses accumulated unutilized Input Tax Credit where input tax exceeds output tax; eligibility excludes nil or exempt supplies and limits eligible ITC to inputs. Claimants must compute refund using the prescribed formula that apportions net input ITC to inverted rated turnover and subtracts tax payable, file the electronic refund form selecting the IDS category, and attach portal statements, declarations, undertakings and, where applicable, a professional certificate. Applicants must reconcile ITC with portal data, exclude blocked credits and input services, observe the two year filing window, and avoid duplicate claims under other refund routes. (AI Summary)
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Date 28 Apr 2025
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Cultural heritage preservation through supporting Moradabad brass purchases sustains artisan livelihoods and preserves traditional craft techniques.
Moradabad brassware supports artisan livelihoods and preserves traditional craft techniques; purchasing authentic handcrafted products and using cooperatives promotes fair remuneration and intergenerational transmission. Key regulatory and market issues include distribution channels (local markets, online platforms, fairs, cooperatives), threats from cheap mass produced imports, and environmental concerns from metal sourcing and processing. Policy responses should emphasise market access, authenticity verification, fair trade practices, training for young artisans, and sustainable sourcing to protect the craft and artisan incomes. (AI Summary)
Author
Date 28 Apr 2025
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Natural justice in tax adjudication: denial of requested personal hearing can vitiate GST assessment orders.
Failure to afford a requested personal hearing in GST adjudication, including marking hearing fields as "N.A." and issuing mechanistic orders via the portal, breaches natural justice and vitiates assessment action where an adverse decision is contemplated; taxpayers should request hearings in writing, document portal communications, and administrative systems should ensure officers are trained and held accountable for respecting hearing rights. (AI Summary)
Author
Date 28 Apr 2025
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Flavoured milk classified under tariff heading 0402, prompting reassessment of conversion charges and GST treatment.
Flavoured milk retains its character as milk and must be classified under Tariff Heading 0402, with earlier assessment and appellate orders set aside and the matter remanded to the Assessing Officer to apply that classification; the precise tax treatment of conversion charges for converting milk into milk powder was left open for reassessment in light of prior appellate findings. (AI Summary)
Author
Date 28 Apr 2025
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Support local artisans: buying Jaisalmer handicrafts preserves traditional craftsmanship and promotes sustainable cultural products.
Jaisalmer handicraft production sustains local artisans and preserves traditional techniques through categories such as stone carving, woodwork, brass and copper items, mirror work, block printing, leather goods, clay pottery, textiles, and jewelry. The sector faces competition from mass-produced goods, limited market access, and evolving consumer tastes; distribution channels include local markets, online platforms, fairs, and cooperatives. Supporting measures urged are buying directly from artisans or fair-trade cooperatives, promoting awareness, and backing skill-development programs to secure fair remuneration, intergenerational transmission of craft skills, and cultural preservation. (AI Summary)
Author
Date 28 Apr 2025
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Support for tribal artisans by promoting authentic purchases and fair trade channels to sustain traditional craft livelihoods.
Dhokra art is a traditional lost wax metal casting craft whose purchase supports tribal artisans' livelihoods, preserves intergenerational techniques, and sustains eco friendly production. The article identifies major constraints-limited market access, competition from mass production, financial instability, and generational decline-and advocates market interventions: direct purchases in tribal markets, craft fairs, online platforms, and purchases via cooperatives or NGOs to ensure fair compensation. It urges promoting authentic purchases, awareness, fair trade support, and skill development programs to maintain the craft's cultural and economic viability. (AI Summary)
Author
Date 28 Apr 2025
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Vocal for Local promotion of regional glass handicrafts expands market access and supports artisan livelihoods.
The text describes using Vocal for Local and One District One Product (ODOP) to identify and promote district-specific glass handicraft specialisations-such as glass bangles in Firozabad and glass beads in Kolkata-through focused product designation, regional branding, and market-development measures aimed at expanding domestic and international market access, preserving traditional skills, and supporting artisan incomes. (AI Summary)
Author
Date 28 Apr 2025
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Mandatory verification of radar speed measurement devices required, aligning equipment with OIML R 91 for reliable enforcement.
The rules require mandatory verification and stamping of radar-based speed measurement equipment by Legal Metrology authorities and adopt OIML R 91 as the technical standard, including accuracy classifications, calibration and testing protocols, environmental performance criteria, and tamper-resistance requirements, with compliance administered through verification, stamping, and testing facilities such as Regional Reference Standard Laboratories. (AI Summary)
Author
Date 28 Apr 2025
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Occupational Health and Safety management: ISO 45001 guides organizations to manage OH&S risks, promote participation, and ensure compliance.
ISO 45001 requires organizations to identify hazards, assess and control OH&S risks, integrate applicable legal and regulatory requirements into planning and operations, and maintain top-management accountability through leadership, policy-setting, and continual improvement; it mandates worker participation, incident investigation and corrective action, monitoring and measurement, and a certified audit cycle for implementation and surveillance. (AI Summary)
Author
Date 28 Apr 2025
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Environmental Management System requirements guide organizations to manage environmental performance and ensure regulatory compliance and continual improvement.
ISO 14001 requires organizations to establish an Environmental Management System (EMS) with an environmental policy, identification of environmental aspects and impacts, measurable objectives and programs, and mechanisms to track legal and other requirements. Implementation follows the Plan-Do-Check-Act (PDCA) cycle-planning actions and objectives, implementing controls and training, monitoring and auditing performance, and taking corrective actions and management reviews to effect continual improvement. Certification requires gap analysis, implementation, internal audits, and third-party external audit with ongoing monitoring. (AI Summary)
Author
Date 28 Apr 2025
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Energy Management Systems require PDCA based EnMS, ongoing performance monitoring, and certification to ensure compliance and improvement.
ISO 50001 requires organisations to implement an Energy Management System using the Plan-Do-Check-Act cycle: plan energy objectives and action plans, implement measures, monitor and measure energy performance, conduct management review and internal audits, and undergo external certification to confirm conformity while ensuring top management commitment and compliance with applicable energy regulations. (AI Summary)
Author
Date 28 Apr 2025
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Mutuality doctrine: transactions between associations and members not treated as supply, changing GST treatment and registration guidance.
Kerala High Court applied the mutuality principle to hold that transactions between associations and members are not taxable supplies under GST, invalidating amendments treating them as separate entities. CBIC issued revised GST registration instructions specifying required documents, limiting notices for non essential discrepancies, setting processing procedures, and directing supervisory monitoring. GSTN will render Table 3.2 values in GSTR 3B non editable from April 2025, requiring corrections via GSTR 1/A or IFF. MoF denied any proposal to levy GST on UPI transactions and clarified GST thresholds and ITC eligibility for RWAs. (AI Summary)
Date 26 Apr 2025
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LLP Annual Return compliance: timely filing of required forms prevents penalties and preserves statutory standing.
LLP annual compliance requires two distinct filings: Form 11, the Annual Return recording partners and contributions, and Form 8, the Statement of Account and Solvency presenting financial statements and a solvency declaration. Each form has a statutory due date and attracts escalating penalties for delayed filing. Filing obligations apply even where there is no business activity. Required documents include the LLP agreement, financial statements, partner information and Digital Signature Certificates, and submissions must be made via the MCA portal. Audit requirements apply when turnover or contribution exceed prescribed thresholds. (AI Summary)
Author
Date 26 Apr 2025
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Prosecution thresholds for smuggling govern initiation, with notified goods thresholds and limitation tied to sentence duration.
The petition challenged criminal prosecution for concealment of foreign cigarettes as electronic goods, hinging on the departmental circular revising prosecution thresholds. The court treated cigarettes as notified customs goods falling under the circular limb with a lower threshold applicable to notified items, rejected the applicability of higher appraising case thresholds tied to wilful mis declaration, recognised the Additional Director General as competent to sanction prosecutions except in specified categories, and applied limitation principles that do not bar prosecution where the offences carry potential imprisonment beyond three years. (AI Summary)
Date 26 Apr 2025
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Voucher classification under GST clarifies vouchers are not supplies, while underlying goods and agent commissions remain taxable.
Vouchers that qualify as Prepaid Payment Instruments (money) or as excluded actionable claims are not supplies for GST; redemption of vouchers triggers GST on the underlying goods/services, principal-to-principal trading in vouchers is not taxable, agency/commission arrangements are taxable on commissions, ancillary services to issuers are taxable, and unredeemed voucher breakage does not attract GST absent an agreement creating taxable forbearance. (AI Summary)
Author
Date 26 Apr 2025
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Retrospective ITC extension: amended CGST provisions and CBIC circular validate certain belated Input Tax Credit claims, negating prior demands.
Retrospective extension of the timeframe for availing Input Tax Credit under the CGST regime was enacted by the Finance (No. 2) Act, 2024 and implemented by a notification and CBIC circular with effect from 1 July 2017, validating certain delayed ITC claims; the court treated those measures and the executive clarification as removing the basis for departmental demands against belated ITC availments. (AI Summary)
Author
Date 26 Apr 2025
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Complete e-way bill requirement: absence or post-facto updating triggers a rebuttable presumption of tax evasion under GST.
A complete e-way bill-both Parts A and B-must be furnished before commencement of movement under Rule 138; absence of Part B at transit constitutes statutory non-compliance. Non-possession or post-interception generation of Part B attracts a rebuttable presumption of tax evasion, and mismatches between invoice particulars and actual movement indicate misrepresentation. Failure to carry a completed e-way bill exposes consignors and transporters to penal consequences under the GST penalty framework and requires real-time logistical and documentary compliance. (AI Summary)
Author
Date 26 Apr 2025