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Limitation Act protection: Section 4 saves the three month prescribed period for setting aside arbitral awards but not the 30 day condonable period.
An application to set aside an arbitral award must be filed within a three month prescribed period from receipt of the award; a distinct thirty day condonable extension is available only if sufficient cause is shown but is not a "prescribed period" under the Limitation Act. Section 4 of the Limitation Act applies solely when the three month prescribed period expires on a court holiday and does not revive the thirty day condonable period; where the Limitation Act applies, the General Clauses Act provision for next working day filing is excluded. (AI Summary)
Date 15 Mar 2025
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Greenwashing misleads consumers about beverage sustainability and health, demanding clearer corporate transparency and accountability.
Greenwashing in the sugary beverage sector involves deceptive marketing that presents packaging, reformulated products, and sustainability initiatives as environmentally friendly or healthier while major environmental harms and public health risks remain. Packaging claims about recyclability or plant based materials can obscure continued plastic production and pollution; health claims such as "low calorie" or "natural" create a health halo effect despite potential harms from artificial sweeteners and sugars; and selective sustainability disclosures often fail to address water use, carbon emissions, and unethical sourcing at scale. (AI Summary)
Author
Date 15 Mar 2025
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Flue gas regulation: coordinated national policy, standards and real time monitoring to enforce emission controls and technology adoption.
The MOEFCC sets national policy and mandates EIAs and cleaner technology promotion; the CPCB prescribes and monitors emission standards, mandates Continuous Emissions Monitoring Systems, issues technical guidance and coordinates with states; SPCBs implement and enforce standards locally through permits, inspections, equipment mandates, monitoring and enforcement actions, with all three tiers collaborating to reduce flue gas pollutants and improve air quality. (AI Summary)
Author
Date 15 Mar 2025
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Emission standards require technological controls to reduce flue gas pollutants and protect air quality and public health.
Flue gas emissions comprise CO2, NOx, SO2, particulate matter, CO, VOCs and toxic heavy metals, producing smog, acid rain, greenhouse gas driven climate effects, ecosystem toxicity and serious health harms including respiratory and cardiovascular disease, cancer risks and neurological damage. Mitigation depends on control technologies (FGD, SCR, ESP, baghouse filters), carbon capture, fuel switching, energy efficiency, and continuous monitoring coupled with enforceable emission standards to ensure industry compliance and reduce environmental and public health impacts. (AI Summary)
Author
Date 15 Mar 2025
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Flue gas regulation: emission control technologies required to limit SO2, NOx, PM and CO2 releases for air quality compliance.
Regulation targets the composition and impacts of flue gas-a mix including CO2, SO2, NOx, PM, VOCs and heavy metals-by imposing pollutant-specific limits and requiring deployment of control technologies. Widely used compliance measures include flue gas desulfurization for SO2, selective catalytic reduction for NOx, electrostatic precipitators and fabric filters for particulates, activated carbon injection for mercury, and carbon capture and storage for CO2, each aimed at reducing atmospheric releases that harm air quality, health, ecosystems and climate. (AI Summary)
Author
Date 15 Mar 2025
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Export authorization requirements: obtain DGFT licenses and SCOMET approval before shipping restricted chemicals internationally.
Export of restricted goods and chemicals from India requires obtaining an export license from the DGFT, securing a SCOMET license for sensitive items, and, where applicable, a Registration Certificate or NOC for ODS/HFCs. Exporters must meet domestic safety standards, supply detailed chemical identifiers in export declarations, comply with destination country regulations, maintain specified documentation (license, commercial invoice, shipping bill, certificate of origin, end user certificate) and fulfil post export reporting under GAEC while implementing internal compliance controls. (AI Summary)
Author
Date 15 Mar 2025
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Voluntary disclosure of SCOMET export violations can mitigate penalties but may still invite enforcement actions.
Voluntary disclosure procedures allow exporters of SCOMET items to report specified export control breaches-such as unauthorised exports, inadvertent exports to sanctioned entities, diversion for weapons related uses, misuse of authorisations after corporate changes, licence failures for site access, and reporting or bookkeeping non compliance-by detailing the violation and corrective measures. An Inter Ministerial Working Group evaluates disclosures for intent, cooperation, and remediation. Disclosures may mitigate regulatory response but do not guarantee exemption from administrative penalties or criminal proceedings. (AI Summary)
Author
Date 15 Mar 2025
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Advance ruling certainty: clarifies classification, valuation, and exemption eligibility to secure compliant customs and GST treatment.
An Advance Ruling permits an assessee to obtain pre-transaction clarification from customs or GST authorities on classification, customs valuation, exemption eligibility, and taxability. The applicant files a prescribed application with supporting facts and documents; the authority issues a ruling within the statutory timeframe which is binding on both the applicant and tax authorities while the facts remain unchanged. Rulings can be modified if material facts change, and statutory appeals are available against adverse determinations. (AI Summary)
Author
Date 15 Mar 2025
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Offence definitions under GST law clarify officers' liability and prohibit willful disclosure under section 133, including portal agents.
Section 133 addresses officer liability under GST, extending to government and non-government persons and applying to IGST and UTGST. An offence is an act or omission punishable by law, distinct from prosecution, and modern statutory definitions qualify when acts are punishable under special or local laws. Section 133 covers prosecution for willful disclosure of return contents outside duties, willful disclosure by central officers with access to information returns, and willful disclosure by common portal providers or their agents. (AI Summary)
Date 13 Mar 2025
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Composition Scheme limits input tax credit and interstate trade, creating turnover-based tax burdens that reduce small business competitiveness.
The Composition Scheme permits small taxpayers to pay tax at fixed turnover rates with simplified filings, but bars issuance of invoices enabling Input Tax Credit and prohibits interstate trade; these restrictions produce tax cascading, turnover-based liability irrespective of profit, and competitive disadvantages that may offset the scheme's nominal compliance benefits. (AI Summary)
Date 13 Mar 2025
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Demand notice validity: a demand issued without a valid order is void and unenforceable, verify signature and timing.
Demand notices are valid only when issued in consequence of a duly determined and valid order that fixes the sum payable; if the underlying assessment, computation or intimation contradicts the assessment order, is unsigned, issued before a final order, or the order is void for denial of natural justice, the demand and consequential penalty notices are invalid and unenforceable. (AI Summary)
Date 13 Mar 2025
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Moratorium under IBC does not shield regulatory penalties for consumer-law noncompliance; enforcement proceedings may continue.
Moratorium under Section 96 of the Insolvency and Bankruptcy Code does not extend to regulatory penalties imposed for non compliance with consumer protection orders because such penalties are regulatory statutory obligations, not ordinary contractual debt, and fall within the Code's excluded debts framework; enforcement of consumer fora awards and penalties is therefore not automatically stayed by an interim moratorium. (AI Summary)
Date 13 Mar 2025
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Gender-responsive trade policies expand women entrepreneurs' access to finance, markets, and trade facilitation for greater participation.
Empowering women in global trade requires removing structural barriers through gender-aware financial instruments, legal reforms securing property and inheritance rights, and trade finance tailored to women entrepreneurs. Capacity-building measures-education, technical training, mentorship, leadership development-and SME support, digital marketplaces, and women-focused trade facilitation services reduce transaction costs and expand market access. Adoption of gender-responsive trade policies and coordinated public-private initiatives mainstream gender into trade promotion, finance, and regulatory frameworks to improve women's participation in both traditional and non-traditional export sectors. (AI Summary)
Author
Date 13 Mar 2025
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Anti-Dumping Duty addresses unfair low export pricing, distinct from safeguards for import surges and countervailing subsidies.
Anti-Dumping Duty targets unfairly low export prices by calculating the dumping margin and imposing duties on specific products/exporters when dumping injures domestic industry under the WTO Anti Dumping Agreement. Safeguard Duty addresses sudden import surges that cause or threaten material injury, applying to all imports of the affected product on a temporary basis under the WTO Safeguards Agreement. Countervailing Duty neutralizes foreign government subsidies by assessing the subsidy margin and imposing duties on subsidized imports under the WTO Subsidies and Countervailing Measures Agreement. (AI Summary)
Author
Date 13 Mar 2025
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Anti-Dumping Duty restores fair competition by imposing duties tied to dumping margins and subject to international safeguards.
Anti-dumping duties are imposed when investigations show exports are priced below normal value or cost and have caused material injury to a domestic industry; duties equal the margin of dumping and may target specific products, countries or exporters. Provisional duties can be applied during inquiries, and measures are time-limited and subject to review and possible extension only where necessary to prevent recurrence. The regime requires transparency, non-discrimination and proportionality under international trade rules. (AI Summary)
Author
Date 13 Mar 2025
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Safeguard duty protects domestic industry from import surges with temporary non-discriminatory tariffs under international trade rules.
Safeguard duty is a temporary trade remedy allowing import restrictions or tariffs where a substantial, unexpected surge in imports causes or threatens serious injury to a domestic industry. It targets import volume rather than pricing and is applied non-discriminatorily to all sources. Authorities must establish causation and injury through investigation, may impose provisional measures during inquiries, and, if confirmed, implement time-limited duties with review and phased removal to enable industry adjustment while observing international transparency obligations. (AI Summary)
Author
Date 13 Mar 2025
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Countervailing duty on saccharin imports from China to offset subsidies and protect domestic manufacturers in India
A countervailing duty has been imposed by notification on imports of saccharin in all forms (tariff item 2925 11 00) from China PR to offset export subsidies; the duty applies to raw and processed saccharin and operates as a trade remedial tariff to restore competitive conditions for domestic manufacturers, increasing costs for importers and altering compliance obligations under customs law. (AI Summary)
Author
Date 13 Mar 2025
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Export finance options for MSME exporters enable working capital access and risk mitigation through trade credit and insurance.
Financing access is critical for MSME exporters to meet export-related costs. The article sets out principal instruments-pre shipment and post shipment trade finance (packing credit, bill discounting, invoice financing, factoring), working capital facilities, and LC-based financing-and government measures to lower export credit costs. It emphasises export risk mitigation through Export Credit Insurance, describes the application process (credit assessment, documentation, lender approach, approval, disbursement, insurance activation, repayment), and highlights challenges including collateral constraints, documentation burdens, currency risk, and the need to track scheme changes. (AI Summary)
Author
Date 13 Mar 2025
Replies 2 Replies
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International trade opportunities hinge on export market access, customs compliance and cross-border e-commerce channels.
International trade presents sector-specific export opportunities across emerging markets, e-commerce, sustainability, health products, technology, agriculture, infrastructure, tourism, financial services and logistics, with success contingent on compliance with customs regimes, trade policies, certifications and standards, utilization of cross-border digital platforms, and effective trade finance and supply chain arrangements. (AI Summary)
Author
Date 13 Mar 2025
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Letter of Credit independence governs payment obligations and requires compliance with RBI and foreign exchange regulations.
The Letter of Credit in India operates as an independent bank undertaking where payment depends on presentation of conforming documents under international documentary rules adapted to domestic law. RBI oversight and foreign exchange regulations impose reporting and compliance obligations on issuing banks and trade parties, while banking regulation and negotiable instruments principles frame banks' duties. Customs valuation, GST and import/export documentary requirements affect settlement under LCs, and disputes are managed through contractual or arbitral mechanisms though banks' liability is generally document driven. (AI Summary)
Author
Date 13 Mar 2025