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Trademark type selection - match the form of mark to the specific brand element to secure appropriate protection.
Selecting an appropriate trademark sub category maps the attribute to be protected-such as a word, logo, packaging, sound, colour, or domain-to a corresponding mark: product marks for goods, service marks for services, collective marks for group use, certification marks for standards, and trade dress for overall appearance. Industry context and long term expansion goals inform the choice so the selected mark aligns with the business model and the precise element of brand identity requiring protection. (AI Summary)
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Date 11 Mar 2025
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Best judgement assessment: delay in filing GST returns can prevent withdrawal of assessment orders and limit remedies.
Section 62 empowers the proper officer to issue a Best Judgement Assessment Order when returns are not filed after notice, requires payment of tax, interest, penalty and late fees upon subsequent filing, and imposes a pre deposit for appeal; notifications and judicial decisions have created limited windows for withdrawal of such orders, but uncertainty persists for cases outside those relief windows. (AI Summary)
Date 10 Mar 2025
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Royalty as consideration may prompt re-evaluation of GST exemption for excess royalty collection services, affecting compliance and notifications.
The Supreme Court's clarification that royalty is a consideration for the right to extract minerals, not a tax, affects GST treatment of services by Excess Royalty Collection Contractors (ERCC). This undermines the tax-like premise for the GST exemption under Notification No. 14/2018 Central Taxes (Rate), creating grounds for re-evaluation. Any removal or modification of the exemption would require a formal CBIC notification and is likely to be applied prospectively, while the judgment also affirms states' separate taxing powers over mineral rights and anticipates transitional measures for liabilities. (AI Summary)
Author
Date 10 Mar 2025
Replies 3 Replies
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Online trademark registration secures exclusive brand rights digitally, simplifying filing, examination, publication, and certificate issuance.
Online trademark registration services provide a digital filing and administration pathway to secure exclusive rights in names, logos, and slogans, handling prior trademark searches, application preparation and submission, examination, publication and opposition, and issuance of the trademark registration certificate, while reducing paperwork, enabling real-time status tracking, and offering professional assistance to lower drafting errors and procedural delays. (AI Summary)
Author
Date 10 Mar 2025
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Debt Recovery Tribunals centralise and expedite bank debt recovery, with exclusive jurisdiction and statutory protections for officers.
The Debt Recovery Tribunal regime creates specialised quasi judicial fora under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, to hear Original Applications by banks and financial institutions and Securitisation Appeals under the SARFAESI regime. The Central Government establishes Tribunals, appoints Presiding Officers (qualified as District Judges) with fixed tenure and statutory protections, provides Recovery Officers and staff who are public servants, and ensures continuity of proceedings, exclusivity of jurisdiction, and representation rules for parties. (AI Summary)
Date 10 Mar 2025
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Logo usage permission: government authorisation required for commercial or product display, discretionary approval based on alignment with campaign objectives.
Use of the Make in India logo is regulated by DIPP/DPIIT as proprietary government intellectual property; certain government and mission uses are allowed without permission, while events, publications, electronic media, individual requests, and any commercial or product use require prior discretionary approval on merit, adherence to prescribed design and contextual guidelines, submission of a standard application with supporting details, and are subject to DIPP's rights to review, condition, time limit, or withdraw permission. Unauthorized or misleading use on products or packaging is prohibited and may prompt enforcement. (AI Summary)
Author
Date 10 Mar 2025
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AI-generated authorship: Clarifying ownership and protection of AI-created works and inventions under IP law.
AI-driven creation raises core issues of ownership, authorship and protectability across India's IP regimes. Under current law, copyright recognizes only human authors and the Patents Act requires a natural person as inventor, leaving autonomously generated AI works and inventions uncertain for protection. The paper highlights gaps in attributing inventorship and ownership, trade secret management for evolving AI models, and recommends statutory clarification, patent reform to acknowledge AI's contributory role, strengthened trade secret protection, and a dedicated AI-specific IP framework aligned with international practice. (AI Summary)
Author
Date 10 Mar 2025
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Carbon pricing and market mechanisms incentivize emission reductions through regulatory frameworks and clean technology adoption across sectors.
Mitigation of greenhouse gas emissions requires technological and policy measures to reduce key gases and enhance sequestration. Core strategies include an energy transition to renewables, energy efficiency across buildings, industry and transport, and deployment of carbon capture, utilization and storage for hard-to-abate sectors. Industrial decarbonisation focuses on electrification with renewable power, green hydrogen, process innovation and circular economy practices. Land-sector measures-agricultural practices, forest conservation, afforestation and soil carbon management-complement emissions reductions. Policy instruments such as carbon pricing, renewable energy standards, incentives and green bonds enable investment and behavioural change. (AI Summary)
Author
Date 10 Mar 2025
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AI-generated authorship raises ownership questions as IP regimes must allocate rights to human creators or owners.
AI-driven creation and invention disrupt traditional allocations of IP rights by questioning human-only authorship and inventorship. Copyright systems generally exclude works produced without human intervention, while patent law typically requires a human inventor, prompting some jurisdictions to explore recognizing AI contributions. Firms should rely on contractual ownership clauses, trade secret protection, and jurisdiction-specific filing strategies to secure AI-generated innovations amid ongoing legal reform and emerging IP categories. (AI Summary)
Author
Date 10 Mar 2025
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Environmental compliance in the chemical sector requires coordinated permits, monitoring and enforcement to prevent pollution.
Regulatory oversight of the chemical sector is divided among MOEFCC, CPCB, SPCBs and local bodies: MOEFCC frames policy and issues environmental clearances; CPCB sets national pollution standards, monitors emissions and hazardous waste and supports enforcement; SPCBs issue consents to operate, inspect and penalise non-compliant facilities; local bodies manage urban monitoring, waste management and zoning. Common non-compliance includes operating without clearances, exceeding emission standards, improper hazardous waste disposal, failure to install pollution control devices, failure to renew consents and illegal expansion, requiring coordinated inspections, enforcement and corrective measures. (AI Summary)
Author
Date 10 Mar 2025
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Environmental compliance drives adoption of green chemistry, energy efficiency, waste recycling and carbon capture for sustainable chemical production.
Environmental compliance in the chemical sector requires adopting technologies and governance measures: green chemistry and process design (catalysis, biocatalysis, green solvents, supercritical fluids) to reduce hazardous inputs; energy-efficient technologies (membrane filtration, heat integration, electrochemical processes) to lower energy use and emissions; waste treatment and recycling (zero liquid discharge, advanced oxidation, circular-economy reuse); and carbon capture, utilization and storage (post-combustion, direct air capture, carbon utilization) combined with regulatory enforcement, incentives, R&D, industry collaboration, training, and digital monitoring to ensure compliance and sustainability. (AI Summary)
Author
Date 10 Mar 2025
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Circular economy principles mandate product redesign and policy incentives to enable closed loop reuse and reduced waste.
Circular economy and Cradle to Cradle principles form a policy-oriented framework to redesign production and consumption to eliminate waste and retain material value. The approach separates biological nutrients (biodegradable materials that safely return to nature) from technical nutrients (durable, non toxic materials reused in closed loops), emphasises design for disassembly, renewable energy in production, elimination of toxic chemicals, and restorative system design. Implementation depends on government incentives, regulatory encouragement of durable and recyclable design, public-private partnerships for recycling infrastructure, supply chain integration, and consumer education. (AI Summary)
Author
Date 10 Mar 2025
Replies 2 Replies
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Export oriented unit status permits domestic sales and zero rated GST treatment with export refund routes under prescribed conditions.
EOUs are treated under customs and GST as customs bonded manufacturing units whose outputs are zero rated supplies for export purposes, enabling refunds of input taxes either by claiming unutilized input tax credit under bond/Letter of Undertaking or by refund of IGST where tax is paid; customs and trade policy also permit clearance of a portion of EOU manufacture into the Domestic Tariff Area on payment of duties and taxes, so EOUs are not required to export 100% of production. (AI Summary)
Date 08 Mar 2025
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Best judgement assessment under GST can be withdrawn if the taxpayer files the required return within the statutory cure period.
Section 62 permits best judgement assessment where a taxpayer fails to file GST returns after notice under Section 46; such assessments charge tax, interest and penalty and may be issued within a five year limitation. Administrative guidance allows assessment without further communication but provides that filing the required return within the statutory cure period renders the assessment ineffective. Amendments extended the cure window and added an additional late filing period subject to a daily late fee; interest, late fee and penalties remain chargeable even when filing cures the assessment. (AI Summary)
Date 08 Mar 2025
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Commencement of audit: explanation fixes start as the date documents are produced, shaping audit timelines and compliance.
Explains the GST audit framework distinguishing tax authority audits, special audits and turnover based audits; scope includes verification of turnover, taxes, refunds and input tax credit and compliance. Details procedural rules: notice in Form GST ADT 1, audit place, and the statutory three month completion period with possible six month extension; the Explanation defines commencement of audit as the later of when records called for are made available or actual institution of audit. Describes obligations of the registered person, post audit communication in Form GST ADT 02 and initiation of tax proceedings on audit discrepancies. (AI Summary)
Date 08 Mar 2025
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Trademark lookup confirms availability and reduces infringement risk before pursuing registration for legal exclusive rights.
An Online Trademark Lookup is a preliminary, immediate search to detect existing or similar marks and reduce infringement risk but does not create legal rights. Trademark registration is a formal multi stage legal process-filing, Registrar examination, publication for opposition, and issuance of a registration certificate-that establishes exclusive ownership and statutory protection for a mark. (AI Summary)
Author
Date 08 Mar 2025
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China's influence reshapes Sri Lanka's trade and strategic choices, increasing pressure to balance relations with neighbouring partners.
India-Sri Lanka trade is founded on deep cultural and economic ties supported by a bilateral Free Trade Agreement and regional frameworks, encompassing goods, energy, agriculture, tourism and cross-border investment. China's expanding role through the Belt and Road Initiative and large-scale infrastructure financing-especially in ports and logistics-has altered strategic dynamics, creating concerns about debt sustainability and prompting Sri Lanka to balance economic opportunities from Chinese investment against preserving sovereign control and maintaining close commercial and security ties with India. (AI Summary)
Author
Date 08 Mar 2025
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Trade and Transit Rights: Nepal's treaty-based port access faces strategic shifts from China's infrastructure and investment expansion.
India and Nepal's trade is governed by treaty-based arrangements-including a Treaty of Trade and a Transit Treaty-that provide Nepal access to Indian ports, tariff concessions, and land transport networks; energy cooperation, notably hydropower and electricity exchange, is central. China's Belt and Road Initiative and infrastructure investments create alternative routes and financing, altering Nepal's trade dependencies and diplomatic leverage, thereby requiring Nepal to balance treaty obligations and practical transit reliance with new opportunities from Chinese projects. (AI Summary)
Author
Date 08 Mar 2025
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Strategic dependence on India shapes Bhutan's trade, security cooperation, and management of border disputes with regional actors.
India is Bhutan's dominant trading partner, providing market access, imports, financial assistance, and infrastructure investment while Bhutan's hydropower exports and cross border trade constitute key revenue streams. Bhutan's landlocked status and the 2007 Friendship Treaty shape significant Indian security cooperation and defense responsibilities. Territorial disputes with China, notably around the tri junction, and China's regional outreach create strategic pressures that Bhutan manages through cautious diplomatic balancing, continued economic integration with India, and cooperation on infrastructure and regional frameworks. (AI Summary)
Author
Date 08 Mar 2025
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Transit corridor access via Chabahar reshapes customs, logistics and compliance for India-Afghanistan trade under sanction risks.
India's trade with Afghanistan combines commercial exports, development aid and infrastructure investment, implicating customs, import-export logistics and SEZ considerations. Iran serves as the primary transit corridor, with Chabahar Port offering a route that bypasses Pakistan and reshapes customs transit, points of clearance, and trade facilitation arrangements. Key legal constraints include security risks in Afghanistan and the impact of US sanctions on transactions involving Iran, which affect permissible investment, payment mechanisms and compliance obligations for traders and state actors. (AI Summary)
Author
Date 08 Mar 2025