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Preferential tariffs for eligible Indian exports under GSP depend on rules of origin and documentary compliance.
New Zealand's GSP provides preferential tariffs to eligible Indian non agricultural and industrial goods, limited to specified product lists and subject to periodic review. Eligibility depends on compliance with rules of origin, requiring Certificate of Origin evidence and demonstration of substantial transformation in India. Sensitive agricultural and certain high value or luxury products are excluded or receive limited benefits. Exporters must ensure accurate classification, proper documentation, and stay informed about FTA negotiations and revisions that may affect GSP coverage. (AI Summary)
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Date 26 Feb 2025
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Fresh GST registration eligibility reaffirmed; cancelled registrants may apply anew if they meet statutory criteria.
The court held that the CGST Act contains no provision disqualifying an assessee from applying for a fresh GST registration after cancellation, and that Circular No. 95/14/2019 GST is binding; a cancelled registrant may seek new registration if statutory eligibility criteria are met. (AI Summary)
Author
Date 25 Feb 2025
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Time of signature on assessment order determines validity of demand notices and computation, enabling assessees to challenge premature demands.
A duly signed assessment order must precede and authorize preparation and signing of computation sheets, demand notices under section 156 and penalty notices; documents signed before the assessment order are drafts without authority and can be treated as void ab initio. This sequencing applies in manual and automated systems, and assessees may challenge premature demands using digital signature timestamps to show lack of authorization. (AI Summary)
Date 25 Feb 2025
Replies 2 Replies
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Arm's length principle scrutiny: tightening transfer pricing transparency and anti avoidance to curb profit shifting and protect tax bases.
The article emphasises that the arm's length principle governs transfer pricing method selection (CUP, RPM, CPM, PSM, TNMM, Other) and that the Transactional Net Margin Method, while useful when gross profit comparables are unavailable, is vulnerable to manipulation by MNEs benchmarking subsidiaries to low margins to shift profits. Using the Kellogg India example, it argues for stricter comparability standards, country by country reporting, advance pricing agreements and enhanced disclosure to curb profit shifting, protect tax bases and ensure transfer prices reflect real economic activity. (AI Summary)
Author
Date 25 Feb 2025
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GST rule amendments enforce new registration, e way bill and ITC procedures, altering enrolment and compliance obligations for suppliers.
Amendments to CGST Rules have been notified with phased enforcement to implement changes to registration procedure, e way bill rules, ITC distribution by ISDs, and substitution of tables in periodic returns; CBIC issued rate and classification clarifications for specific goods; GSTN introduced procedural advisories for Aadhaar and non Aadhaar registration flows and enabled Form ENR 03 enrolment so unregistered suppliers may obtain an Enrolment ID to generate e way bills. (AI Summary)
Date 25 Feb 2025
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Preferential tariff access under Swiss GSP enables eligible Indian industrial exports to receive reduced or zero duties.
Preferential tariff treatment under the Swiss GSP allows eligible Indian exports to enter Switzerland with reduced or zero duties on specified goods, conditioned on India's developing-country status, product-specific coverage, and presentation of a valid Certificate of Origin. The scheme focuses on industrial products-such as textiles, chemicals, machinery and electronics-while excluding many agricultural and sensitive items. Exporters must ensure correct classification, documentation, and cooperation with customs authorities to claim benefits and remain compliant amid periodic updates to coverage and rules. (AI Summary)
Author
Date 25 Feb 2025
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Safeguard measures protect domestic industries from sudden import surges, requiring investigation, causation, proportional and temporary remedies.
Countervailing duties require an investigation proving a foreign subsidy, quantifying its effect, and establishing that subsidized imports cause material injury and a causal link; antidumping measures require proof of sales below normal value, calculation of the dumping margin, and a showing that dumped imports materially injure the domestic industry; safeguard measures require demonstration that a sudden increase in imports causes or threatens serious injury, are temporary, proportionate, and applied with procedural transparency under WTO rules. (AI Summary)
Author
Date 25 Feb 2025
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GST on rent of immovable property: exemptions, valuation rules and RCM obligations affect landlords and related-party arrangements.
GST on rent of immovable property covers a low-value accommodation exemption regularised retrospectively on an as-is-where-is basis, an exemption for long-term leases where consideration is fixed even if paid in instalments, and valuation/deemed-supply rules that capture nil or below-market rent, including related-party supplies treated as taxable without consideration. Payments made by companies on behalf of directors attract reverse-charge treatment and input tax credit is blocked, requiring cash payment of GST under the current law. (AI Summary)
Date 25 Feb 2025
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Corporate Social Responsibility impact assessment required to evaluate project social effects and inform CSR planning and disclosure.
Rule 8(3) mandates that companies with prescribed average CSR obligations undertake impact assessment of completed CSR projects with specified outlays through an independent agency external to the company; purpose is to evaluate social, economic and environmental effects, inform planning, and deepen impact. Expenditure on such assessments may be treated as CSR expenditure subject to a statutory cap, may be shared among collaborating companies, and the resulting reports must be placed before the Board and annexed to the CSR report with an executive summary and web-link permitted for compliance. (AI Summary)
Date 25 Feb 2025
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Chemical regulatory compliance frameworks guide suppliers to align labeling, inventories, and trade processes with global safety standards.
Industry guidance tools support automotive suppliers in meeting multi-jurisdictional chemical requirements by operationalizing REACH, GHS, and TSCA obligations through substance registration, hazard classification and labelling, safety data sheet management, inventory control, and supply-chain traceability. Compliance relies on supplier coordination, transparent material tracking, and processes for managing authorizations and restrictions, while digital and AI tools, training, and substitution strategies are recommended to reduce regulatory burden and enhance chemical stewardship. (AI Summary)
Author
Date 25 Feb 2025
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Regulatory standards for PFAS management enable national monitoring and technology scaling while fostering industry collaboration.
PFAS management requires deployment of targeted treatment, remediation and destruction technologies across water, soil and waste streams, with implementation pathways tailored to India's constraints. Water measures include activated carbon, ion exchange resins and reverse osmosis for municipal, industrial and point of use use, balanced against saturation, regeneration and energy/waste disposal challenges. Soil options (soil washing, thermal desorption) and waste destruction (plasma arc, controlled incineration) demand site targeting, energy and equipment investments. Scaling depends on regulatory standards, monitoring, R&D funding, pilot programs, public private partnerships and industry collaboration. (AI Summary)
Author
Date 25 Feb 2025
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Regulation of PFAS: strengthen national controls to manage persistent chemical hazards and ensure trade and public health safeguards.
PFOS, PFAS and PTFE are persistent, bioaccumulative chemicals linked to cancer, endocrine disruption, liver and immune harms and environmental contamination. India's regulatory approach is fragmented: MOEFCC, CPCB, SPCBs and municipal corporations have overlapping roles in policy, monitoring, standards, enforcement and waste management but face capacity and technological constraints. A comprehensive national regulatory framework is needed to set usage and disposal standards, monitoring obligations and remediation protocols, align trade compliance with international standards, and promote safer alternatives alongside investment in detection, treatment and disposal technologies. (AI Summary)
Author
Date 25 Feb 2025
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Pvt Ltd annual filing requires financial statements, MGT 7, AOC 4, ADT 1 and ITR 6; meet statutory deadlines.
Private limited companies must file audited financial statements (balance sheet, P&L, cash flow), the Annual Return (MGT 7) within 60 days of the AGM, Form AOC 4 within 30 days of the AGM, and Form ADT 1 within 15 days of a new auditor's appointment. Companies must also file ITR 6 (for companies not claiming section 11 exemption) with detailed schedules covering audit particulars, balance sheet and P&L items, capital gains, deductions, foreign assets and tax computations; accurate registers and board minutes are essential to avoid penalties. (AI Summary)
Author
Date 24 Feb 2025
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Unsigned assessment orders: absence of the assessing officer's signature renders them invalid and uncured by portal upload.
An assessment order must include the Assessing Officer's signature as an essential formal requirement; statutory provisions empowering officer assessments and defect curing rules do not validate an order that is unsigned. Courts have held that uploading an unsigned order to a common portal does not cure the defect, and that such unsigned instruments are not orders in law, requiring fresh assessment with notice and signature. Judicial determinations in these cases directed that the period from the unsigned order to the court's decision be excluded for limitation purposes. (AI Summary)
Date 24 Feb 2025
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Vegan food standards: mandatory definition, labeling and certification to ensure ingredient integrity and prevent cross-contamination.
Regulation of vegan foods defines vegan food as containing no animal-derived ingredients or animal-based processing substances and requires prominent "Vegan" labelling and FSSAI-approved certification marks. Manufacturers must obtain certification from authorized bodies subject to audits and facility inspections, implement cross-contamination controls, and ensure additives and processing aids are plant-derived or synthetic and meet safety standards. FSSAI enforces compliance through inspections, market surveillance, penalties, recalls, and revocation of certification under applicable food-safety laws. (AI Summary)
Author
Date 24 Feb 2025
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Place of business defines GST registration address and locations requiring compliance and recordkeeping under GST.
The GST definition of place of business is inclusive, covering locations where business is ordinarily carried on (including warehouses and godowns), places where books of account are maintained, and places where business is conducted through agents; registration and the registered address are tied to such places. The principal place of business is the place specified as principal in the registration certificate and is the location where accounts and records specified by law-production, supplies, stock, input tax credit, and output tax particulars-must be maintained; accounts for each registered place must be kept at the respective place. (AI Summary)
Date 24 Feb 2025
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Food recall: mandatory removal, notification, verification, and recordkeeping duties for operators to protect consumers.
The regulation requires FBOs to implement and execute a written recall plan that identifies affected batches, notifies the regulator, retrieves and controls products from distribution and consumers, documents communications and quantities, verifies recall effectiveness, undertakes corrective actions to prevent recurrence, and maintains records available for inspection; public notifications and enforcement measures apply for large scale incidents and non compliance. (AI Summary)
Author
Date 24 Feb 2025
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Gluten-free certification ensures verified compliance for safe labelling and continued market access for gluten-sensitive consumers.
The GFCP requires manufacturers, suppliers and food service providers to apply to an accredited certification body, submit product formulations, supplier certifications, production and sanitation documentation, and laboratory test results; compliance is verified via documentary review, facility audits and testing, with corrective action and verification required for non-conformities, ongoing surveillance audits for maintenance, and permitted display of certification logos under labelling rules that adopt an established analytical threshold for gluten free designation. (AI Summary)
Author
Date 24 Feb 2025
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Softex Forms mandatory for IT/ITES exporters: compliance secures export proof, BRC access and faster GST refunds.
Softex Forms are mandatory for all exporters of IT and IT-enabled services and serve as documentary proof of exports, enabling access to Bank Realisation Certificates and facilitating GST refunds; failure to comply risks penalties under FEMA and administrative delays. Exporters should register with STPI as a non STP unit if necessary and regularly file Softex Forms, Monthly Performance Reports (MPR), the Service Export Reporting Form (SERF) and the Annual Performance Report (APR). (AI Summary)
Author
Date 24 Feb 2025
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SFIO investigation: findings of duplicate share issuance and falsification disclose prima facie corporate fraud requiring prosecution.
The Central Government may vest SFIO with investigatory powers under section 211(1), requiring interim and final reports and enabling prosecution directions. The SFIO report in the present matter alleges issuance of duplicate share certificates contrary to share issuance rules, pledging of shares to obtain bank credit, cancellation and reissuance of seized shares, fabrication of books of account, transfers through shell companies, and dishonest auditor conduct, collectively disclosing prima facie offences under company law and penal provisions to be tested at trial. (AI Summary)
Date 24 Feb 2025