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Loss of original documents: admitted departmental loss led to interim stay and referral for disciplinary review.
Original purchase invoices handed to the department in July 2019 were lost and, despite an earlier affidavit admitting receipt, officials later denied having received them; multiple searches failed to locate the records and the department did not state who searched or whether disciplinary action had been taken. Because those originals were necessary for the petitioner to reply to the show cause notice, the High Court stayed operation and recovery under the Order-in-Original and directed that the order be forwarded to CBIC, the Department of Revenue, and the Chief Commissioner for necessary action. (AI Summary)
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Date 17 Feb 2025
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Unilateral trade sanctions clash with multilateral dispute settlement, undermining rules-based enforcement and prompting retaliation.
Conflict centers on the legal tension between Section 301 of the U.S. Trade Act, which authorizes unilateral investigations and retaliatory tariffs, and the WTO dispute settlement framework that requires disputes to be resolved through multilateral procedures. WTO panels have found U.S. unilateral tariffs inconsistent with obligations, but enforcement gaps and U.S. invocation of sovereign exceptions have led to continued use of Section 301 and weakened practical compliance, prompting affected states to pursue WTO complaints, regional mechanisms, and calibrated countermeasures. (AI Summary)
Date 17 Feb 2025
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Recovery proceedings stayed pending appeal disposal where pre-deposit paid under TNGST Act; deferral directed to department.
Recovery was initiated despite an appeal having been filed and replies submitted; the court directed that recovery proceedings be deferred until disposal of the appeal, noting that where the appellant has paid the required pre-deposit at filing, recovery of the disputed amount is stayed. (AI Summary)
Author
Date 17 Feb 2025
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Opportunity of personal hearing required before adverse GST assessment; adjournment limit is an upper bound, not a mandatory minimum.
The court emphasised that an opportunity of personal hearing must be provided before any adverse tax determination, held that Section 63 permits assessment of unregistered persons by a duly designated proper officer without separate prior authorization when territorial jurisdiction and proper officer designation exist, and interpreted Section 75(5) as setting an upper limit on adjournments rather than requiring a minimum number before an order may be passed. (AI Summary)
Author
Date 17 Feb 2025
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Trademark types determine protection scope: choose word, device, combination, service, certification, collective, shape, sound, or color marks.
Selection of an appropriate trademark type determines the scope and nature of legal protection. Word marks protect words, letters, or numbers irrespective of styling and suit names or slogans; device marks protect logos or distinctive designs; combination marks protect both textual and design elements together. Service marks apply to services; certification marks indicate compliance with standards; collective marks identify membership. Distinctive non-traditional signs include shape, sound, and certain color or scent marks. (AI Summary)
Author
Date 17 Feb 2025
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Binding effect of approved resolution plan: pre approval tax claims not included in the plan cannot be pursued further.
An approved resolution plan is binding on the corporate debtor and all stakeholders; claims not incorporated into the approved plan stand extinguished on the date of approval and cannot be pursued thereafter. Where statutory authorities were given opportunities to file claims during CIRP but did not have admissible claims accepted, subsequent tax assessments predating plan approval lose enforceability to the extent they are not part of the plan. (AI Summary)
Date 17 Feb 2025
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Trade wars accelerate de globalization by driving protectionism, supply chain fragmentation and technology decoupling across economies.
The article explains how tariff and non tariff measures, technology restrictions and IP disputes drive protectionism, prompt reshoring and fragment global supply chains, and encourage regional or bilateral trade arrangements. It links national security motivated trade controls and export limitations to potential technological decoupling, while acknowledging countervailing resilience in global trade volumes, digital trade growth and multilateral institutions that may mitigate a full reversal of globalization. (AI Summary)
Author
Date 17 Feb 2025
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Customs duty correction options: appeal or amendment to secure refunds or regularise shortfalls under procedural provisions.
Importers who overpay customs duty can appeal under Section 128 within sixty days for a potential refund or, if the appeal period is missed, seek amendment under Section 149 for reassessment and refund. For underpaid duty, importers must pay the difference in Basic Customs Duty and IGST via a TR-6 challan and may claim GST credit for IGST under Section 16(2)(a); GST credit is typically claimed by September of the next financial year or by the annual return, while TR-6 challans have no strict deadline. Courts have confirmed importers may choose between amendment and appeal. (AI Summary)
Author
Date 17 Feb 2025
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Forklift safety compliance: ensure operator training and equipment maintenance to meet statutory workplace safety obligations.
Operation of forklifts in factory premises requires operator training and certification, routine inspections, and upkeep to ensure safety. Legal obligations arise from factory safety provisions, the occupational safety code, motor vehicle rules for public-road use, and sector-specific statutes where applicable. Employers must provide PPE, implement safe systems of work, maintain records of incidents, and ensure forklifts meet technical safety specifications. Practical measures include pre-operation checks, adherence to load limits, segregation of pedestrian routes, signage, speed controls, and alignment with relevant ISO standards. (AI Summary)
Author
Date 17 Feb 2025
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High Sea Sale practice can defer GST until customs clearance, with customs duties based on the buyer's purchase price.
High Sea Sales transfer ownership while goods remain in transit so the interposed sale does not attract GST before customs clearance; customs duty and GST become payable at importation by the final purchaser. Proper documentation-a High Sea Sales agreement, seller and resale invoices, bill of lading, packing list, certificate of origin and insurance-is required to substantiate timing, parties and tax treatment, and buyers will see resale and original invoices which may reveal the importer's margin. (AI Summary)
Author
Date 17 Feb 2025
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Noise regulation compliance: permits and monitoring curb loudspeaker use by street vendors to protect public health.
Use of loudspeakers by street vendors is regulated by rules under the Environment Protection Act that set area-based decibel limits, require prior permission for public address systems, and impose time restrictions. Local authorities are responsible for permitting, monitoring with sound-level meters, enforcing penalties including seizure of equipment, and conducting awareness campaigns. Management strategies include strict enforcement, technological monitoring, promotion of quieter advertising methods, and designated vendor zones to mitigate health and environmental harms. (AI Summary)
Author
Date 17 Feb 2025
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Tax exemption for SEZ export income enables private companies to establish units and claim phased benefits under Section 10AA.
Section 10AA grants tax relief to units operating within Special Economic Zones by exempting export-derived income subject to statutory conditions. Eligible private companies may claim full exemption for an initial period followed by progressively reduced exemptions in subsequent years, creating a phased benefit structure that incentivises establishment of manufacturing and service units with export orientation. The provision also exempts capital gains arising to SEZ units. To retain benefits, units must satisfy eligibility, maintain export income records, and file timely returns. (AI Summary)
Author
Date 15 Feb 2025
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Validity of national permit: intrastate non-payment of authorization fee does not defeat an insured's fire claim when permit covers the loss.
Where a truck insured under a policy caught fire within the State that issued its National Permit, non-payment of an authorization fee required only for interstate movement did not invalidate the permit for intrastate operation; an insurer cannot repudiate a claim on that ground where the permit on record is valid for the period and place of loss and interest may accrue from the date of the complaint until payment. (AI Summary)
Date 15 Feb 2025
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Input tax credit misclassification: pooled electronic credit ledger can prevent recovery where total ITC covers the amount.
Availment of input tax credit under CGST and SGST instead of IGST does not amount to wrongful availment where the electronic credit ledger, viewed as a pooled wallet, had sufficient total credit to cover the amount; technical misclassification alone will not sustain recovery proceedings. The court directed reconsideration of demand applying the pooled-ledger principle and administrative guidance that interest is chargeable only to the extent total ledger balances fall below the wrongly availed amount between availment and reversal. (AI Summary)
Author
Date 15 Feb 2025
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Digital HR management enables employees to access salary, leave, service records and pension details securely online.
The article describes the Uttar Pradesh ehrms.upsdc.gov.in portal as a centralized digital HRMS providing Employee Self Service access to salary slips, leave management, service records, pension information and grievance lodgement; users register and log in with credentials, use online tools to download pay details and track requests, report discrepancies to HR, and rely on built in security measures and ongoing system upgrades to support transparency, error reduction and administrative efficiency. (AI Summary)
Author
Date 15 Feb 2025
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Retrospective GST cancellation risks business operations; registrants and customers should seek procedural fairness and contractual protections.
Retrospective GST cancellation can prevent taxable supplies, block issuance of tax invoices, obstruct refunds and force reversal of input tax credit on stock and capital goods, causing acute cash flow disruption. Courts limit backdated cancellations where non compliance is minor or reasons are inadequately explained, requiring authorities to act fairly and generally operate cancellations prospectively. Registrants should file returns timely, correct non compliance, apply for revocation within prescribed periods and seek judicial review if unfairly treated; customers should include contractual recovery clauses and condition payment on supplier proof of return filing and tax payment. A taxpayer may defend ITC claims by proving bona fide purchases and the supplier's compliance. (AI Summary)
Author
Date 15 Feb 2025
Replies 1 Reply
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Misleading food labeling: Consumers can file evidence-backed complaints for investigation and corrective regulatory action.
Misleading claims on packaged food labels violate overlapping regulatory regimes-food-safety labeling rules, legal metrology requirements, and consumer-protection law. Complainants should gather product evidence, identify the relevant authority (food-safety regulator, legal metrology, or consumer forum), and file online or offline specifying the exact claims and relief sought. Authorities investigate and, if claims are deceptive, can order label correction, recalls, penalties, or compensation. Complainants receive tracking references and may escalate or pursue public advocacy for systemic issues. (AI Summary)
Author
Date 15 Feb 2025
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Extension of limitation period under force majeure upheld, permitting pandemic-era time extensions to issue show-cause notices.
The court upheld notifications extending the limitation period for issuing show cause notices as valid under Section 168A, endorsing a broad interpretation of "in respect of actions" to include pending enforcement steps, and treating subsequent GST council ratification and pandemic-related administrative disruption as sufficient to dispel claims of arbitrariness or unequal treatment. (AI Summary)
Author
Date 15 Feb 2025
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Banned food additives prompt stricter regulation to protect public health and reduce long-term chemical exposure.
Banned Additives are restricted to address health risks including carcinogenicity, endocrine disruption, neurotoxicity, cumulative and developmental harms, and immediate allergic reactions; environmental contamination and inadequate past testing have further justified prohibitions and restrictions, prompting a shift toward natural preservatives, colourants, and traditional preservation methods while regulatory approaches vary across jurisdictions. (AI Summary)
Author
Date 15 Feb 2025
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Mandatory cash payment of GST under Section 9(5) restricts ITC use for operator facilitated supplies, raising cash requirements.
CBIC Circular No. 240/34/2024 GST requires e commerce operators paying tax under Section 9(5) to discharge the entire GST liability for those supplies exclusively from the electronic cash ledger, prohibits use of Input Tax Credit (ITC) for such liabilities, but allows ITC for GST on supplies made directly by the ECO. (AI Summary)
Author
Date 15 Feb 2025