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Dwell time reduction through digital customs reforms and targeted risk based clearance accelerates port cargo throughput.
Customs reduced dwell time through operational and digital reforms: Direct Port Delivery, Faceless Customs, SWIFT single window filings, RMS targeting, EDI paperless processes, AEO fast track for compliant traders, extended 24/7 operations, non intrusive inspection technologies, AD e clearance integration, capacity building and PPPs. Dwell time is measured by arithmetic mean from cargo arrival to customs out of charge, separately for Green and Red channels, excluding ex bond and prolonged outliers, with monthly monitoring at selected high volume sea, air and land sites to identify delays and corrective actions. (AI Summary)
Author
Date 15 Feb 2025
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Royalty not a tax: contractual consideration cannot be treated as a tax, impacting service-tax claims on royalties.
Royalty is a contractual consideration and not a tax; the court, following Supreme Court precedent, held that payments characterized as royalty lack the essential characteristics of a tax and therefore cannot be treated as taxable in the nature of a tax. The High Court disposed of the writ as the impugned notice had lapsed and directed fresh adjudication after affording the petitioner a proper hearing. (AI Summary)
Author
Date 14 Feb 2025
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Export compliance to Nepal requires designated customs clearance, GST zero-rating or LUT use, and product-specific licensing for exports.
Exporting goods to Nepal requires compliance with bilateral trade arrangements, designated land customs procedures, GST-specific export mechanisms including zero-rating or export under a Letter of Undertaking, and product-specific licensing where applicable. Exporters must hold an Importer Exporter Code, complete GST and corporate registration, engage a Customs House Agent, file electronic customs declarations, present required documents (commercial and Nepal invoices, delivery order, packing list, product certificates), undergo customs examination and sealing, and follow rebate and payment processes until final Nepalese verification and clearance. (AI Summary)
Author
Date 14 Feb 2025
Replies 2 Replies
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Input tax credit limitation: retrospective amendment narrows ITC eligibility and mandates recipient reversal before supplier adjustment.
An amendment substitutes plant or machinery with plant and machinery in Section 17(5)(d), applied retrospectively to curtail ITC eligibility previously permitted by judicial interpretation, and a linked amendment requires the registered recipient to reverse the corresponding ITC before a supplier may reduce output tax via a credit note, supported by automation in Form GSTR 3B and stricter Invoice Matching System reconciliation. (AI Summary)
Author
Date 14 Feb 2025
Replies 1 Reply
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Facilitator mechanism expands sub class creditor representation and communication, with fees integrated into insolvency process costs.
Amendments add procedural and disclosure measures for real estate projects and create the facilitator role to enhance sub-class creditor representation. The RP must hand over possession to compliant allottees with committee approval and prepare a report on development rights and permissions for submission to the committee and adjudicating authority within sixty days. Expression of interest and Form G must disclose MSME registration status; committees may relax eligibility and performance security requirements for associations of allottees meeting representation thresholds. A monitoring committee is required to supervise resolution plan implementation and report quarterly to the adjudicating authority. (AI Summary)
Date 14 Feb 2025
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Export incentive schemes under RoDTEP, Duty Drawback and GST enable recovery of embedded duties and taxes to improve export cashflow.
Maximizing export incentives requires strategic use of RoDTEP, Duty Drawback and GST refund mechanisms, each with distinct scope, eligibility and claim procedures. RoDTEP refunds embedded local duties and taxes via scrips declared in the Shipping Bill and usable for Basic Customs Duty, subject to annual return and forex-realization conditions. Duty Drawback under Sections 74 and 75 refunds customs duties on re-exports and imported inputs via prescribed rates and filing timelines. GST refunds permit LUT-based ITC refunds or refunds/offsets where GST is paid, subject to turnover rules, documentation matching with Customs and forex-realization requirements. (AI Summary)
Author
Date 14 Feb 2025
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Deemed exports under GST enable domestic supplies to access export-style tax reliefs like GST refunds and duty exemptions.
Deemed exports treat specified domestic supplies-such as deliveries to Advance Authorization/EPCG holders, Export Oriented Units, and certain parks-as exports for GST and FTP purposes. Suppliers charge GST but may claim refunds; recipients under FTP schemes can procure inputs duty free. Additional reliefs include duty drawback and Terminal Excise Duty refunds where applicable. The regime requires intimation to authorities, submission of Form GST RFD 01 by the claimant, and compliance with acknowledgement, provisional refund and finalisation timelines to secure tax reliefs. (AI Summary)
Author
Date 14 Feb 2025
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Chemical inventory compliance shapes market access for exporters by triggering registration and safety obligations that affect trade.
The IECSC functions as a national inventory determining whether chemicals require registration as new chemicals before import or production in China; listed substances face fewer entry requirements while unlisted substances must undergo registration and safety assessment, creating non tariff barriers that impose time and cost burdens on foreign exporters and affect market access. (AI Summary)
Author
Date 14 Feb 2025
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Operator training and maintenance: forklift use must comply with safety rules, registration, licensing, and PPE requirements.
Forklift operations in factory premises require trained and certified operators, regular inspections and maintenance, adequate workplace safety systems (lighting, ventilation, signage, segregated traffic routes), and provision of personal protective equipment. Forklifts operating on public roads must comply with vehicle registration, driver licensing and technical safety specifications for lights, brakes and load limits. Specialized environments (e.g., mines) impose further equipment and operational safeguards, and adherence to occupational safety legislation and ISO standards is required. (AI Summary)
Author
Date 14 Feb 2025
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IPR enforcement strengthens police capacity to investigate, seize counterfeit goods and coordinate prosecutions nationwide.
Police response to IPR violations requires identification of counterfeiting, piracy and other infringements followed by targeted investigation, lawful search and seizure of infringing goods, strict preservation of chain of custody, collection of transactional documents and witness testimony, and expert verification. Enforcement is supported by filing charges under relevant statutes, centralized reporting to monitor cases, coordinated action with IPR offices and customs, and specialized training and dedicated IPR units to enhance prevention and cross border cooperation. (AI Summary)
Author
Date 14 Feb 2025
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Dark patterns regulation: strengthening consumer protection and privacy rules to curb manipulative design across digital services.
The document surveys how jurisdictions use consumer protection laws and data privacy regimes to address dark patterns, noting that unfair or misleading conduct provisions and consent requirements often capture manipulative design. It highlights the EU, U.S., China, Australia, Japan, South Korea, Turkey, and India as applying existing rules-through competition and consumer authorities or data protection frameworks-to prohibit deceptive practices and manipulative consent mechanisms, and recommends regulatory updates, platform transparency, consumer education, and cross-border cooperation as critical measures. (AI Summary)
Author
Date 14 Feb 2025
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Duty-free import authorisations enable exporters to import inputs and capital goods subject to export obligations and compliance requirements.
The document explains two primary foreign trade exemption schemes that permit duty-free imports to support export production: the EPCG Scheme and the Advance Authorization Scheme. The EPCG Scheme allows duty-free import of capital goods for approved export activities subject to an export obligation linked to duty saved, an actual user condition, nexus requirements, restrictions on transfer, interest-bearing repayment for non-compliance, and incentives for early fulfilment. The Advance Authorization Scheme allows duty-free import of inputs for exported goods subject to input-output norms, minimum value addition thresholds, export obligation timelines, and security by bank guarantee or legal undertaking. (AI Summary)
Author
Date 13 Feb 2025
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GST on rental income: commercial leases taxable and RCM/ITC rules determine who bears the tax and credit entitlement.
GST on rental income hinges on property type and end-use: commercial rentals are taxable and generally taxed at the applicable rate with the landlord liable unless RCM applies; residential rentals for residential use are exempt. Registration follows aggregate turnover thresholds. The availability of input tax credit for inward supplies used in construction of property intended for taxable commercial rent is contested following judicial developments and a proposed amendment to Section 17(5)(d), which seeks to limit ITC and may affect the foundational principle of ''for use in the furtherance of business.'" (AI Summary)
Author
Date 13 Feb 2025
Replies 4 Replies
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TDS on long-term capital gains ensures tax deduction on transfers by non-residents and creditable in tax returns.
Section 194F mandates TDS on transfers of long term capital assets by non residents to residents, requiring the payer to deduct tax at the time of payment, with the deducted amount creditable in the recipient's return. The provision is described as applying without a minimum threshold, but excludes transfers not chargeable to capital gains (including certain reorganizations). Deduction entries appear in Form 26AS and must be reported under Income from Capital Gains in the Income Tax Return. (AI Summary)
Author
Date 13 Feb 2025
Replies 1 Reply
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Dark pattern regulation requires transparency and informed consent to curb deceptive digital-design practices and protect consumer choice.
Dark patterns are interface designs intended to mislead or coerce users into unwanted purchases, data sharing, or subscriptions through techniques like deceptive messaging, obscured options, forced continuity, misdirection, confirm shaming, hidden fees, and social-proof manipulation. Indian law can address these practices under informed consent and transparency obligations in the Consumer Protection Act, 2019, the E commerce Rules, 2020, and the Digital Personal Data Protection Act, 2023, while effective mitigation requires clearer regulation, stronger enforcement, industry self-regulation, and consumer education. (AI Summary)
Author
Date 13 Feb 2025
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Failure to file returns may attract criminal prosecution absent rebuttal of the presumption of willful delay.
Every assessee must file returns and pay tax within prescribed time; failure or delay attracts interest, penalties and possible criminal prosecution. Criminal liability for non filing is engaged where statutory filing or notice obligations are not complied with, and a statutory presumption treats delay as willful and deliberate. The accused must rebut that presumption by adducing evidence that the delay was not intentional or was due to circumstances beyond control; belated filing and payment of penalties alone do not automatically displace the presumption. Procedural sanction requirements and evidentiary proof at trial are central to whether prosecution is maintainable. (AI Summary)
Date 13 Feb 2025
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Reimbursement of expenses not treated as consideration for taxable services, excluding pure cost recoveries from service tax.
Mere recovery of actual expenses or cost-sharing reimbursements by a provider on behalf of group companies does not constitute consideration for a taxable service. The Explanation to the meaning of consideration applies only where reimbursable expenditure is incurred in relation to a taxable service actually provided. Absent identification of a distinct service rendered, debit notes for actual cost recovery are not taxable. (AI Summary)
Author
Date 13 Feb 2025
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Admission of evidence from penalty proceedings can overturn related cash credit additions in pending tax appeals.
A taxpayer's addition treated as unexplained cash credits for purchases from unregistered dealers was sustained through assessment and appeals until, during separate penalty proceedings, the assessee produced supplier affidavits and statements which the AO recorded and the appellate penalty authority accepted. The Supreme Court relied on that penalty stage evidence-admitted after earlier appellate rulings-and concluded the factual basis for the addition was dispelled, setting aside the addition while leaving the remainder of the assessment intact. (AI Summary)
Date 13 Feb 2025
Replies 1 Reply
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Eligibility for Export Incentives: RoDTEP benefits available where exporters of restricted goods obtain required permissions and comply.
Exporters of goods designated as restricted retain eligibility for RoDTEP benefits where they have obtained the requisite permissions and fulfilled prescribed conditions; export classification alone should not disqualify compliant exporters from remission schemes, and administrative denial of rebates to authorised shipments is inconsistent with the scheme's purpose. (AI Summary)
Author
Date 13 Feb 2025
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Modal shift to cycling reduces fuel use and import expenditure while cutting CO2 emissions and easing urban transport demand.
A policy scenario quantifies that a 10% modal shift of motor vehicle riders to bicycle commuting (15 km daily, 12 km/L fuel efficiency) avoids 1.25 litres per rider per day, yielding 25 million litres saved daily and 9.125 billion litres annually; these volumes are converted into domestic and foreign currency savings using stated petrol price and exchange rate assumptions, and into CO2 reductions using a 2.3 kg CO2 per litre factor to show emissions abatement and car equivalent scale. (AI Summary)
Author
Date 13 Feb 2025
Replies 5 Replies