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Transporter conveyance release under GST permits capped payment during detention, while goods liability and confiscation consequences remain separate.
The first proviso to Section 129(6) of the CGST Act permits a transporter to obtain release of a detained conveyance on payment of the penalty determined under Section 129(3) or the specified statutory cap, whichever is lower. This release mechanism is confined to the conveyance and does not resolve the penalty liability concerning the detained goods. The protection operates during detention under Section 129 and may not remain available as of right after confiscation proceedings under Section 130 result in vesting of property in the Government. (AI Summary)
Date 20 Jul 2026
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Meaningful personal hearing in GST adjudication requires advance notice and cannot be replaced by same-day order issuance.
GST adjudication requires a meaningful personal hearing when requested in writing or when an adverse decision is contemplated. Same-day issuance of an adjudication order after filing a reply, without advance intimation of a hearing date, does not provide an effective opportunity to make oral submissions. A recital that hearing was granted cannot cure the lack of prior notice and genuine opportunity. The proper officer must consider the taxpayer's representation before determining tax, interest and penalty, and failure to provide a real hearing is inconsistent with natural justice. (AI Summary)
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Date 20 Jul 2026
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FTA preferential-duty claims require valid origin evidence, accurate classification, transit documentation, invoicing disclosure, and current tariff notification compliance.
FTA preferential-duty claims require documentary compliance at the Bill of Entry stage, including a valid Certificate of Origin, matching HS classifications, and complete CAROTAR, 2020 origin declarations. Origin claims should be supported by actual value-addition calculations and applicable Product Specific Rules. Transshipment may require evidence of direct transport and non-manipulation, while third-party invoicing should be disclosed on the Certificate of Origin. Importers must also use the current applicable tariff notification when claiming preferential treatment. (AI Summary)
Date 20 Jul 2026
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Extended producer responsibility requires beverage brands to fund collection, recovery and recycling rather than shifting packaging litter costs to communities.
Extended Producer Responsibility places primary responsibility for beverage-container waste on producers and brand owners because they control packaging design, materials, volumes and distribution. Recyclability alone does not ensure sustainability; recovery requires segregation, collection systems, recycling infrastructure, markets and consumer participation. The Polluter Pays Principle supports internalising prevention, clean-up and remediation costs. Effective measures include collection targets, public recovery reporting, deposit-refund systems, refillable packaging, stronger enforcement, environmental compensation, local collection infrastructure and integration of informal waste workers. (AI Summary)
Author
Date 20 Jul 2026
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Electronic cash ledger payment requires appropriation for GST discharge, though conflicting interpretations persist on interest and input tax credit.
Deposit of funds in an electronic cash ledger is distinguished from payment of GST through debit and appropriation towards Government dues. In reverse-charge transactions, a taxpayer may face interest consequences where ledger amounts are not timely appropriated, and input tax credit cannot be availed before such appropriation. The article notes conflicting approaches on whether timely ledger deposit itself discharges tax liability, affecting payment timing, interest exposure and input tax credit treatment. (AI Summary)
Author
Date 20 Jul 2026
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Forced-labour import investigations establish supply-chain scrutiny and allow evidence-based recommendations for trade restrictions or import prohibition.
Forced-labour import investigations under Paragraph 2.50A of the Handbook of Procedures, 2023 permit the Directorate General of Foreign Trade to inquire into imported goods suspected of being produced wholly or partly through forced labour. Inquiries may begin on its own motion or on credible complaints, with information sought from supply-chain participants and inputs obtained from government agencies and international bodies. The framework creates no automatic import ban, but may support recommendations for prohibition, trade restrictions or other action. Importers may need enhanced supply-chain due diligence and supporting labour-practice documentation. (AI Summary)
Author
Date 20 Jul 2026
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Fire compliance requires continuous risk assessment, maintained safety systems, clear exits and trained staff beyond obtaining a Fire NOC.
Fire compliance requires commercial establishments to maintain prevention, detection, alarm, suppression, evacuation, electrical-safety, training and maintenance measures. A Fire NOC evidences conformity with applicable fire-safety requirements at inspection and may be required for occupancy, operations, licence renewal or change of use, subject to local requirements. Compliance must be continuously reassessed because changes in premises, equipment, storage, occupancy or operations can create new risks. Regular risk assessments, unobstructed exits, functional equipment, employee training, drills, housekeeping and maintenance records are central to effective fire-safety management. (AI Summary)
Author
Date 20 Jul 2026
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Retracted Section 108 confessions require independent corroboration before supporting personal penalties in customs proceedings against another noticee.
Retracted confessional statements recorded under Section 108 of the Customs Act require independent and reliable corroboration when retracted at the earliest opportunity before a judicial authority. Uncorroborated statements of co-accused persons are fragile evidence and cannot alone establish liability against another noticee. Physical recoveries, financial trails, or reliable communication evidence may provide corroboration. Findings based only on retracted statements, co-accused statements, assumptions, and presumptions lack a sufficient evidentiary basis for personal penalties in customs proceedings. (AI Summary)
Author
Date 18 Jul 2026
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Structured stock evaluation requires business understanding, annual-report scrutiny, financial quality checks, fair valuation, and documented investment reasoning.
A repeatable stock-evaluation framework involves broad screening, understanding the business model, reviewing annual-report disclosures, assessing financial quality and valuation, and maintaining an investment journal. Annual-report analysis should include management discussion, notes to accounts, related-party transactions, contingent liabilities, accounting-policy changes, and the relationship between operating cash flow and reported profit. Key considerations include return on equity, operating margins, free cash flow, sector-adjusted leverage, promoter holding and pledging, and valuation relative to historical performance, peers, and earnings growth. (AI Summary)
Date 18 Jul 2026
Replies 1 Reply
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Fire compliance requires ongoing safety systems, risk assessment, staff training, inspections and Fire NOC procedures for commercial premises.
Fire compliance requires commercial premises to meet applicable fire safety laws, codes and local requirements through detection, alarm and suppression systems, maintained extinguishers, safe exits, emergency lighting, electrical safeguards, evacuation planning, staff training and records. A Fire NOC may be required, depending on the premises and local rules, before occupation, operations, licensing, changes of use or expansion. The process generally involves installing prescribed measures, submitting required documentation, inspection, correction of deficiencies and certification. Compliance continues after approval through testing, maintenance, drills, training, accessible exits and prompt rectification of defects. (AI Summary)
Author
Date 18 Jul 2026
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Tariff liberalisation and rules of origin govern preferential India-United Kingdom trade, alongside services, mobility, procurement and customs facilitation.
The India-United Kingdom Comprehensive Economic and Trade Agreement provides for tariff liberalisation, wider market access, services trade, professional mobility, government procurement access, customs facilitation and cooperation on intellectual property and digital trade. Rules of origin limit preferential tariffs to goods genuinely originating in either country and seek to prevent transhipment and misuse of preferences. A related Double Contribution Convention is described as reducing simultaneous social-security contribution obligations for eligible temporary workers. Implementation requires compliance with technical standards, customs and certification adjustments, and management of competition and carbon-border trade issues. (AI Summary)
Author
Date 18 Jul 2026
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Compensatory damages under GST are not consideration where arbitral-award settlement lacks an independent agreement to tolerate or forbear.
GST treatment of an arbitral-award settlement depends on whether an independent agreement requires a party, for consideration, to tolerate an act, refrain from an act, or perform an act. Payment solely towards damages awarded for contractual breach remains compensatory, even where enforcement proceedings are withdrawn or suspended upon satisfaction of the award. Such enforcement steps may be incidental to discharge of the award rather than a separate supply. CBIC guidance supports the position that breach-related damages are not consideration for taxable supply without a specific agreement and consideration for toleration or forbearance. (AI Summary)
Author
Date 18 Jul 2026
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GST registration cancellation requires notice of the precise grounds; cancellation cannot rely on an undisclosed ground.
GST registration cancellation must be based on specified statutory grounds and preceded by a prescribed show-cause notice and opportunity to reply. The proper officer cannot cancel registration on a ground different from that stated in the notice, since the registered person must be specifically informed of the proposed basis and supporting material to respond effectively. Where valid grounds exist, a fresh notice stating those grounds may be issued and decided in accordance with law. Cancellation does not extinguish pre-cancellation tax liabilities or statutory obligations. (AI Summary)
Date 18 Jul 2026
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Outbound tour service taxability applies where Indian operators serve Indian tourists, despite overseas performance before the negative-list regime.
Outbound international tour packages arranged by an Indian tour operator for Indian tourists before the negative-list regime are examined as taxable Tour Operator Service where both provider and recipient are in India. The article explains that overseas performance does not by itself make the service an export, because pre-negative-list taxability is determined under the Finance Act, 1994 rather than taxable-territory principles. Conflicting legal views on the issue may preclude alleging suppression for extended limitation, confining liability and interest to the normal period and excluding penalties. (AI Summary)
Author
Date 18 Jul 2026
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Deemed withdrawal of best judgment assessment follows timely GST return filing, while interest and late-fee liabilities continue.
Best judgment assessment may be made where a registered person does not file the prescribed GST return despite notice. The assessment is deemed withdrawn if a valid return is furnished within the applicable statutory period after service of the order. The period is 60 days from 1 October 2023, with a further 60 days available on payment of an additional daily late fee. Withdrawal of the assessment does not remove liability for interest on delayed tax payment or statutory late fee. (AI Summary)
Date 18 Jul 2026
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State-regulated alcohol pricing permits different authorised retail prices because excise duties, licensing charges and approval mechanisms vary across jurisdictions.
Alcoholic liquor for human consumption is regulated through State constitutional powers over intoxicating liquors and State excise duties, creating separate State-regulated markets. Although packaged commodities generally carry maximum retail price disclosures, alcohol prices may be approved under State excise mechanisms after accounting for State-specific duties, licence fees, levies, landed cost and prescribed margins. Alcohol remains outside GST, and imported products also undergo customs, import approval, labelling and State pricing processes. A nationwide MRP is therefore impracticable where statutory charges and authorised prices differ across States. Licensed retailers must comply with applicable excise rules, licence conditions and approved price lists. (AI Summary)
Author
Date 18 Jul 2026
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State-approved liquor price display protects consumers by requiring licensed retailers to disclose and follow authorised selling prices.
Alcoholic beverages are regulated through State-approved retail selling prices rather than a uniform nationwide manufacturer-declared maximum retail price. Licensed liquor retailers must prominently display authorised price lists and adhere to those prices. State-specific prices reflect applicable taxation, fees and authorised margins. Failure to display prices or charging beyond approved rates may breach licence conditions and may lead to regulatory action. Consumers may compare the displayed price with the bill and payment demanded, retain purchase records, and report suspected overcharging. (AI Summary)
Author
Date 18 Jul 2026
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GST appellate pre-deposit calculation remains contested where first-appeal relief reduces disputed tax before a Tribunal appeal.
GST appellate pre-deposit is discussed with reference to the tax remaining disputed under the first appellate order. The article presents the view that, after partial first-appeal relief, the aggregate deposit for a Tribunal appeal should be recalculated on the reduced disputed tax and adjusted against the deposit already made; no further payment is required if that earlier deposit exceeds the recalculated aggregate. A competing view treats the Tribunal-stage deposit as independently payable in addition to the first-stage deposit. Appeal fees are calculated on the tax or input tax credit involved, subject to prescribed minimum and maximum limits. (AI Summary)
Date 17 Jul 2026
Replies 7 Replies
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Show cause notice requirements prevent appellate introduction of unproposed customs penalties and require evidence linking individuals to export contraventions.
Customs penalties for improper export and use of false material require evidence linking the individual to overvaluation, misclassification, or the knowing use of a materially false declaration, statement or document. Peripheral involvement in a separate unlawful act does not itself establish liability for improper export. Where allegations concerning cleared consignments rest on uncorroborated statements, specific material connecting the person to the export contravention remains necessary. A separate residual customs penalty cannot be introduced at the appellate stage if it was not proposed in the show cause notice. (AI Summary)
Author
Date 17 Jul 2026
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Commercial Meaning of Fruits governs whether cashew transportation qualifies under the service tax exemption without unstated exclusions.
Service tax exemption for transportation of fruits by road depends on the meaning of "fruits" in the exemption notification. Where the term is undefined, it should ordinarily receive its popular or commercial meaning, read with the exemption's purpose, rather than a strictly botanical meaning. Processing of cashew through cleaning, drying, shelling or grading does not necessarily alter its agricultural origin. In the absence of an express exclusion, the notification should not be curtailed by importing an unstated limitation, and administrative interpretation cannot substitute legislative language. (AI Summary)
Date 17 Jul 2026