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IGST refund entitlement for zero rated exports remains available despite claiming duty drawback under the statutory rule based framework.
Whether an exporter who has availed duty drawback may also seek a refund of Integrated Goods and Services Tax (IGST) on zero rated exports: Rule 96 of the CGST Rules establishes the statutory refund mechanism for zero rated supplies and cannot be overridden by Circular No. 37/2018 Customs; administrative guidance purporting to bar IGST refunds where duty drawback is claimed is ineffective against the rule based refund entitlement, and practitioners must apply the statutory and rule criteria to refund claims. (AI Summary)
Author
Date 20 Mar 2025
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Service of notices via portal under inaccessible headings may be inadequate, prompting courts to review service compliance.
Section 169 lists multiple service modes, including portal upload, but the key issue is whether posting notices/orders under the additional notices and orders heading on the common portal constitutes effective service. Courts have often held such postings not easily accessible and have required fresh opportunity to taxpayers; Patna High Court examined this accessibility issue and left the practice of emailing alongside portal posting to departmental discretion, stressing the need to reconcile electronic service with procedural fairness. (AI Summary)
Date 20 Mar 2025
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Mandatory compliance with MSME revival framework requires banks to follow identification and restructuring steps before classifying accounts as NPA.
Banks must follow the Framework for Revival and Rehabilitation of MSMEs, including SMA subcategories and committee-based corrective planning, before classifying an MSME loan as an NPA. MSMEs must furnish authenticated, verifiable documents proving registration and eligibility; banks must have such material on record prior to NPA classification. Directions under the MSME Act and Banking Regulation Act are binding and mandatory, and non-observance impacts the procedural validity of subsequent enforcement under SARFAESI. (AI Summary)
Date 20 Mar 2025
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Annual return filing compliance: timely submission prevents penalties and director disqualification for Pvt. Ltd companies.
Annual return filing for private limited companies requires submission of financial statements, shareholder and director details, audit reports when applicable, and board resolutions. Core filings are linked to the AGM with specific timelines; failure to comply incurs a daily late fee, escalating company penalties, and potential personal consequences for directors including fines and disqualification, with prolonged non compliance risking administrative removal of the company. (AI Summary)
Author
Date 20 Mar 2025
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GST amnesty waiver process requires filing an appeal with pre-deposit now to preserve waiver eligibility.
Section 128A with Rule 164 and Circular No. 238 provides for waiver of interest and penalties but required waiver application forms are delayed until early January 2025, creating uncertainty where orders exist or appeal periods remain open. To preserve waiver eligibility and avoid recovery proceedings taxpayers should file appeals now with a pre-deposit, pay outstanding balances when the forms go live, and then apply for interest and penalty waivers under the amnesty framework. (AI Summary)
Author
Date 20 Mar 2025
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Mandatory biometric Aadhaar authentication is delaying GST registrations and causing physical verification and inconsistent document demands.
Mandatory biometric Aadhaar authentication as an anti fraud measure is producing extended delays and often requires in person verification, which is compounded by mandatory physical inspections. Inconsistencies between state and central GST document requirements, vague last minute notices, and difficulties registering businesses at co working spaces further obstruct timely GST registration and force applicants into uncertain remedial steps. (AI Summary)
Author
Date 20 Mar 2025
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Food safety regulation: unified standards and mandatory licensing impose inspection powers and penalties to secure safe food supply.
The statute creates the Food Safety and Standards Authority of India (FSSAI) to set and enforce food safety standards, prescribes duties for food business operators to ensure hygienic production and compliance with limits on contaminants, additives and labelling, and mandates licensing or registration. Authorities may inspect, sample, order recalls and seize unsafe food; offences for adulteration or unsafe food attract fines, imprisonment and administrative sanctions. (AI Summary)
Author
Date 20 Mar 2025
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Food labeling requirements mandate disclosure of ingredients, nutrition, allergens and manufacturer details to safeguard consumers.
The regulations require clear, legible and non misleading labels in English (with optional regional language), mandating product name, ingredient list in descending order, nutritional information per 100g/ml or per serving, food additives with functional class, net quantity, best before/use by date, batch/lot number, manufacturer/importer details and FSSAI licence/registration. Packaging must be food grade, tamper evident and safe; limited exemptions apply for fresh produce and very small packages. Non compliance may result in penalties and product recall to ensure consumer protection and traceability. (AI Summary)
Author
Date 20 Mar 2025
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Contaminant limits ensure food safety by mandating permissible substance thresholds and enforcement for noncompliant products.
The regulations require food business operators to comply with permissible limits for contaminants, toxins, and residues across food categories (heavy metals, mycotoxins, pesticide residues, veterinary drug residues), mandate testing and market sampling by accredited laboratories and inspections, and provide enforcement measures-fines, licence suspension or revocation, product recall, labeling, and prosecution-for non compliance. (AI Summary)
Author
Date 20 Mar 2025
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FSSAI Registration and Licensing defines scale-based registration and licensing requirements, and compliance obligations for food business operators.
The regime mandates mandatory registration or licensing of food business operators under the Food Safety and Standards Act, 2006, with classification by scale (basic registration, state license, central license) and procedural rules in the Licensing and Registration Regulations, 2011. Compliance with labeling, contaminants limits, product standards, and adoption of food safety management systems (including HACCP, GMP and GHP) is required for authorization, while inspections by State Food Safety Authorities and enforcement measures, including suspension or revocation of authorization and penalties, ensure adherence. (AI Summary)
Author
Date 20 Mar 2025
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Kigali Amendment phase down reduces HFCs and mandates transition to low GWP refrigerants with staggered national timelines.
The Kigali Amendment mandates a global phase down of HFCs through time bound reductions and promotion of low GWP alternatives, combining staggered timelines for developed, developing and highly challenged countries with financial and technical cooperation. It directs Parties to transition to natural refrigerants and HFOs, balancing environmental benefits-reduced CO2 equivalent emissions and climate mitigation-with economic impacts, safety considerations for certain alternatives, and capacity building needs to overcome technical and financing barriers. (AI Summary)
Author
Date 20 Mar 2025
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HFC phase-down under Kigali Amendment reduces potent greenhouse gas use and promotes transition to low GWP refrigerants.
The Montreal Protocol requires staged elimination of ozone depleting substances with differentiated timelines, scientific monitoring, and compliance mechanisms to enable ozone recovery and reduce related greenhouse gas emissions. The Kigali Amendment mandates a phasedown of HFCs with staggered reduction schedules for developed and developing parties, promotes low GWP alternatives, and provides for financial assistance and technology transfer to support transitions. (AI Summary)
Author
Date 19 Mar 2025
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HFC phase-down drives global shift to low GWP refrigerants, requiring financial and technological support for the transition.
The Kigali Amendment establishes a staged HFC phase-down with differentiated timelines for developed, developing and least developed countries, promoting transition to low GWP refrigerants (natural refrigerants and HFOs) while addressing safety and technical trade offs. It pairs obligations with implementation support through the Montreal Protocol Multilateral Fund and technology transfer to provide financial resources, capacity building and equipment upgrades, thereby linking ozone protection with climate change mitigation and energy efficiency co benefits. (AI Summary)
Author
Date 19 Mar 2025
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Tax intimation under Section 73(5) is not a final demand; writ petition premature before a show cause notice issues.
An intimation under Section 73(5) is not a final demand but notifies the ascertained tax and affords the taxpayer the opportunity to pay with interest or to file submissions; absent issuance of a show cause notice and a subsequent adjudicatory order, a writ petition attacking the intimation is premature. (AI Summary)
Author
Date 19 Mar 2025
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Input Tax Credit availability may be altered by a retrospective amendment redefining plant and machinery for construction credits.
The article analyzes availability of Input Tax Credit under Section 17(5)(c) and (d) of the CGST Act after the Supreme Court's Safari Retreats interpretation and the Finance Bill, 2025 proposal to retrospectively replace "plant or machinery" with "plant and machinery." It summarizes that clause (c) blocks ITC for works contract services used in construction of immovable property except when used to further supply such services, while clause (d) blocks ITC for construction on a taxable person's "own account" except where the construction concerns a "plant or machinery" or is not on the person's own account. The article identifies the Court's tests for treating a building as "plant" and flags unresolved issues including the meaning of "own account," ancillary pre-construction credits, and overlap between clauses (c) and (d). (AI Summary)
Date 19 Mar 2025
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Stamp duty compliance via TNREGINET simplifies online payment and registration for property transactions, ensuring transparency and accurate calculation
The guide explains payment and registration of property instruments in Tamil Nadu via TNREGINET, focusing on the obligation to pay stamp duty assessed on the higher of market value or sale price and varying by instrument and property type. It directs users to the TNREGINET stamp duty calculator for estimating payable duty, and outlines the procedural sequence: account login, entry of transaction details, online payment, receipt generation, and presentation of the receipt with documents at the sub-registrar office to complete registration. (AI Summary)
Author
Date 19 Mar 2025
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Import duty mitigation through SEZ, EOU, customs bonded warehouses and AEO access, enabling deferment and procedural compliance benefits.
Import structuring can defer or reduce customs liability by using MOOWR, SEZ/EOU schemes and FTAs for concessional rates, while CBW and FTWZ enable duty deferment and working capital relief. AEO status accelerates clearance and may waive bank guarantees. Key compliance steps are provisional assessment or BOE appeal, amendment or refund claims for excess duty, advance rulings for classification, IGCR compliance for concessional imports, and updating records in IDPMS to address tax and FEMA concerns. (AI Summary)
Author
Date 19 Mar 2025
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Zero-rated export of services enables GST refunds and export incentives, contingent on compliance and timely foreign exchange realisation.
Zero-rated export of services permits exporters to claim GST refunds on inputs and access scheme-based procurement and duty relief, subject to mandatory GST registration, timely realisation of export proceeds, and prescribed reporting such as Softex filings. Export incentives include EPCG-based duty-free import and local procurement without GST, SEZ and STPI procurement benefits, and require administrative steps: Letter of Undertaking on the GST portal, Import Export Code for foreign exchange realisation, and STPI registration to comply with foreign exchange rules. (AI Summary)
Author
Date 19 Mar 2025
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GHG mitigation strategies: renewable transition, efficiency, CCUS and market instruments to enable systemic low carbon transition.
Mitigation of greenhouse gas emissions requires integrated technological, policy and behavioural measures: a renewable energy transition and energy efficiency to reduce demand; CCUS for hard-to-abate sources; industrial decarbonisation via electrification, hydrogen and circular practices; agricultural measures to cut methane and nitrous oxide and enhance sinks; and forest conservation and afforestation to increase sequestration. Policy instruments-carbon pricing, renewable standards, subsidies and green finance-are essential to incentivise investment, while individual and business actions complement regulatory frameworks to enable a systemic low-carbon transition. (AI Summary)
Author
Date 19 Mar 2025
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Consent to Establish and Consent to Operate ensure environmental compliance before chemical manufacturing begins and while it continues.
Obtaining a Consent to Establish requires submission of project reports, site plans, pollution-control system designs, risk assessments and, where applicable, an EIA; the SPCB/UTPCB reviews documents and conducts site inspections before issuing CTE with specified conditions. Consent to Operate requires proof that the plant and pollution-control measures comply with CTE conditions, including inspection and compliance reports, functioning ETPs and air controls, production and waste management plans, and environmental clearance where applicable; authorities inspect, verify standards compliance, and grant CTO for a fixed period subject to monitoring and renewal. (AI Summary)
Author
Date 19 Mar 2025