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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
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Legal metrology institute framework establishing training, standards, calibration services and regulatory support to ensure measurement accuracy and consumer protection.
The institute is established to serve as a national centre for training, research, standardisation and technical support in legal metrology: providing structured training and certification, calibration and testing or reference calibration, conducting research to improve measurement precision, issuing guidelines and standards, and supporting enforcement and consumer protection while promoting international cooperation to align national metrology standards with global practices. (AI Summary)
Author
Date 19 Mar 2025
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Credit guarantee enabling collateral-free lending expands MSME credit access through government-backed guarantee schemes and incentivises lenders to reduce collateral requirements.
NCGTC administers government-backed credit guarantee funds and issues guarantees that cover a substantial portion of loan exposure to enable collateral-free or low-collateral lending to MSMEs. It operates principal schemes and mutual guarantee structures, undertakes capacity building, monitors repayment and risk exposure, and requires lender-initiated loan approval followed by an application to NCGTC for guarantee issuance subject to MSME status, registration, creditworthiness, and requisite documentation. (AI Summary)
Author
Date 19 Mar 2025
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Mutual guarantee expands collateral-free credit access for MSMEs, enabling lenders to underwrite loans with reduced risk.
MCGS creates a pooled mutual guarantee corpus contributed by participating MSMEs to secure collateral-free working capital and term loans, reducing lender risk. Participating enterprises must register, satisfy eligibility and creditworthiness assessments, and apply to lenders that disburse loans after guarantee issuance. The National Credit Guarantee Trustee Company administers the guarantee pool and issues coverage certificates for a substantial portion of loan principal, with coverage levels varying by enterprise risk profile and loan type. (AI Summary)
Author
Date 19 Mar 2025
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LLP Annual Return compliance: timely submission of prescribed forms and documents prevents penalties and preserves legal status.
LLP annual return compliance requires filing prescribed statutory forms within specified deadlines, principally the annual Form 11 and the Statement of Accounts and Solvency (Form 8) which must be digitally signed by designated partners and, where turnover or contribution thresholds are met, by a chartered accountant; applicable Income Tax Returns must also be filed. Required supporting documents include the LLP agreement and amendments, financial statements, bank statements, partner contribution details, audit reports when applicable, and PAN and TAN. Timely filing avoids daily penalties, preserves legal status and credibility, and mitigates regulatory default risk. (AI Summary)
Author
Date 18 Mar 2025
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Condonation of delay limited in CGST appeals as statutory timelines restrict invocation of general limitation powers.
The article compares the general remedial power to condone delay with the specific limitation mechanism in the CGST appellate provision, explaining that the tax statute sets primary filing timelines and a narrowly confined power to admit delayed appeals only within its own additional period. Judicial precedent largely treats the tax provision as a self-contained code excluding the general condonation power beyond the statutory extension; courts require demonstration of sufficient cause, evaluate bona fides and hardships, and permit writ remedies only in exceptional, convincingly explained cases. (AI Summary)
Date 18 Mar 2025
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Softex compliance required for IT and ITES exporters; ensures export proof and smoother refunds and avoids FEMA penalties.
Softex compliance is mandatory for all exporters of IT and IT-enabled services to establish export proof, enable Bank Realisation Certificates, and speed GST refunds; failure risks penalties under foreign exchange law and delays in refunds. Exporters must register with the relevant export facilitation authority as non-STP units where needed and file recurring reports including Softex Forms, Monthly Performance Reports, Service Export Reporting Forms, and Annual Performance Reports. (AI Summary)
Author
Date 18 Mar 2025
Replies 2 Replies
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Voluntary revision of bill of entry enables post clearance self assessment with interest and risk based verification for importers and exporters.
Provisional assessments are to be finalized within a prescribed period to shorten Special Valuation Branch investigations and cap the duration of provisional cases, reducing uncertainty for importers. Separately, a voluntary post clearance revision process for bills of entry and shipping bills treats revised entries as self assessments, permits voluntary payments without penalty but with interest, deems refund resulting revisions as refund applications, subjects revisions to risk based verification, and bars revision where enforcement action or prior reassessment/provisional assessment has occurred or as otherwise specified by the Board. (AI Summary)
Author
Date 18 Mar 2025
Replies 2 Replies
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NRE deposit exemption affirmed where bank narrations and remittance evidence show foreign origin, limiting taxable imputations.
Receipts in NRE accounts that originate from foreign income or redemptions of prior NRE/FCNR investments fall outside Indian taxation under Section 10(4) unless material shows they derive from taxable Indian income. Assessing officers must trace the chain of funds and verify initial credits (including NRO entries) before treating NRE credits as unexplained income; bank narrations and remittance evidence that identify redemptions or inward remittances suffice to treat those receipts as explained, whereas credits without corroborative documentation require further verification of their original source. (AI Summary)
Date 18 Mar 2025
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Direct Port Delivery and Entry: electronic self assessment and EDI based clearance enable direct movement of imports and exports.
Clearance under Direct Port Delivery (DPD) permits direct movement of imports from port to consignee after electronic filing of the Bill of Entry, payment of duties through the Customs EDI system, exporter/importer self assessment of classification and valuation, documentary verification with limited physical inspection, and potential post clearance audit; applicable charges include customs duty, port and handling charges, transport/shipping costs and inspection fees. (AI Summary)
Author
Date 18 Mar 2025
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FOB (Free On Board) transfers risk and responsibility to the buyer once goods are loaded onto the named vessel.
FOB (Free On Board) fixes delivery and the shift of liability at the moment goods are loaded onto the buyer nominated vessel at the named port of shipment: the seller must present goods, clear exports, load them and provide documents, bearing costs and risk until loading; the buyer assumes risk and the costs of main carriage, marine insurance, import clearance and onward transport from that point. FOB applies to sea or inland waterway port to port shipments and requires a clearly named port of shipment. (AI Summary)
Author
Date 18 Mar 2025
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Global warming potential of greenhouse gases: prioritise controls on high GWP industrial gases alongside CO2 reductions.
Global Warming Potential (GWP) is the principal metric comparing greenhouse gases over a 100 year horizon against CO2. The article ranks gases from low to high GWP, identifies principal anthropogenic sources for each, and highlights that certain industrial fluorinated and halogenated gases have substantially higher GWPs and long atmospheric lifetimes. It concludes that climate mitigation requires both CO2 reduction and targeted controls on high GWP gases, advising prioritisation of emission controls, substitution of potent long lived compounds, and incorporation of GWP weighted inventories into policy planning. (AI Summary)
Author
Date 18 Mar 2025
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On-arrival movement and storage at authorised importer premises lets AEO importers move and clear specified goods under bond.
The regulations permit recognised Authorised Economic Operator importers to move, store and clear specified imported goods at designated Authorised Importer Premises located within licensed bonded warehouses, subject to prescribed permissions. Importers must register with the Commissioner, declare intent in the Bill of Entry, and upon electronic processing the Customs Automated System grants automated permission for storage subject to conditions. Movement occurs under bond with secured seals; bond officers may examine goods and report electronically. Proper officers at the Port of Import complete clearance for home consumption or removal to warehouse after required formalities. Importers must furnish a continuity bond, maintain records, notify arrival, ensure safe storage and comply with Customs Act requirements. (AI Summary)
Author
Date 18 Mar 2025
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Phase-out of high GWP refrigerants drives adoption of low GWP alternatives with strengthened regulatory compliance, R&D, and training.
Regulatory and operational strategy focuses on replacing high impact refrigerants by reference to Global Warming Potential and Ozone Depletion Potential, preferring low GWP, zero ODP alternatives such as HFOs, CO2, ammonia and hydrocarbons. Transition obligations create practical challenges-safety risks, infrastructure incompatibility and adoption costs-so responses must combine R&D, policy measures, industry collaboration, and technician training to ensure safe, energy efficient, and compliant substitution in refrigeration and air conditioning systems. (AI Summary)
Author
Date 18 Mar 2025
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Blue Category environmental classification signals lower regulatory scrutiny and limited EIA requirements for low-impact industries.
The Blue Category identifies low-impact industries subject to reduced regulatory oversight: minimal emissions and waste, basic pollution-control norms, and typically no requirement for a full Environmental Impact Assessment; classification is administered through national environmental guidance and compliance remains governed by general environmental law with less frequent monitoring than higher-risk categories. (AI Summary)
Author
Date 18 Mar 2025