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SEZ tax exemption: change of company name requires verified Registrar certificate and opportunity to address registration discrepancies.
SEZ units receive staged income tax deductions for export profits, duty free import privileges and customs facilitation, subject to compliance such as timely returns. When a unit invokes a corporate name change in response to a show cause notice, it must produce a true or certified Registrar certificate and explain any differing registration numbers. Authorities should verify such documentation with the Registrar, allow an additional reply and personal hearing, and then reassess entitlement to SEZ concessions. (AI Summary)
Date 31 Jan 2025
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Foreign exchange controls: import payments must be made in foreign currency through authorized dealers, with prescribed documentation.
The master direction requires import payments in foreign currency through authorized dealers with supporting documents; it permits advance payments and letters of credit, mandates repatriation of foreign payments to India within prescribed periods, and requires compliance with customs duties, prohibited/restricted goods lists, and special rules for gold. Services and cross border investment payments follow similar rules, may require RBI approval for high value transactions, and transactions such as ECBs must meet FEMA and RBI conditions. Recent amendments provide targeted relaxations for gold, trade credit, e commerce, and green technology imports. (AI Summary)
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Date 31 Jan 2025
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REX self-certification enables exporters to declare origin for preferential EU GSP tariffs, simplifying trade compliance.
The REX system permits registered exporters in GSP beneficiary countries to self certify origin by placing an origin declaration on commercial documents instead of obtaining EUR.1 or Form A certificates. Registration with national customs is required; goods must satisfy GSP rules of origin (wholly obtained or sufficiently processed, meeting value content or substantial transformation tests). EU customs may verify claims on import and exporters remain subject to audits and potential exclusion for non compliance. (AI Summary)
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Date 31 Jan 2025
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Dematerialization of securities improves shareholder transparency and eases transferability while ensuring statutory compliance for non listed companies.
PAS 6 requires non listed companies to maintain accurate shareholder records, including electronic registers where securities are issued, to file and update shareholding information with the Registrar of Companies, and to issue share certificates consistent with PAS 6 maintenance standards. The standard mandates governance and compliance practices to align shareholding patterns and voting rights documentation with statutory requirements, supporting transferability, transparency, and dispute reduction. (AI Summary)
Author
Date 31 Jan 2025
Replies 1 Reply
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Assignment of leasehold rights: remand for fresh adjudication and reconsideration in light of non-taxability ruling.
The Bombay High Court found the departmental omission of the petitioner's reply and set aside the impugned notice and order, remitting the matter for fresh adjudication. The court directed consideration of a Gujarat High Court precedent holding that assignment of leasehold rights in industrial land constitutes transfer of immovable property and therefore does not qualify as a taxable supply under the GST framework distinguishing Schedule II and Schedule III entries. (AI Summary)
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Date 31 Jan 2025
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Preferential trade for LDCs enables duty reduced market access when origin and quality criteria are met, enhancing sourcing options.
Importing goods from Least Developed Countries (LDCs) is driven by lower production costs and preferential market access, with common imports including agricultural products, textiles, minerals, leather goods, and seafood. Eligibility for preferential treatment depends on compliance with rules of origin and meeting domestic health, safety, and environmental standards; logistical and infrastructure constraints in LDCs can affect supply reliability. Preferential trade schemes and regional agreements facilitate duty free or reduced tariff access but importers must manage political, quality, and capacity risks to secure sustained benefits. (AI Summary)
Author
Date 31 Jan 2025
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Duty Free Tariff Preference expands LDC market access by granting preferential tariffs subject to rules of origin and certification.
The DFTP scheme grants duty free or preferential tariff treatment for products from UN recognised LDCs, subject to specified exclusions. Qualification requires compliance with rules of origin demonstrating sufficient local value or processing and presentation of a Certificate of Origin to claim benefits. Implementing customs notifications set eligible countries, HS code alignment and specific concessions; exporters and importers must follow those notifications and meet quality, documentation and logistical requirements to obtain preferential treatment. (AI Summary)
Author
Date 31 Jan 2025
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CITES permit requirement: trade in listed species needs documentary authorisation and Customs verification to proceed lawfully.
Import and export of CITES-listed species require permits and specific documentation: imports need an import permit from the national environment ministry plus export permits from the country of origin; exports and re-exports require national export permits or re-export certificates. Customs must verify CITES permits and may detain non-compliant consignments. Exporters must show legal acquisition and that trade will not harm wild populations, with special requirements for live specimens. Non-compliance can result in fines, seizure, criminal penalties, and revocation of trade permissions, enforced by national authorities and Customs. (AI Summary)
Author
Date 31 Jan 2025
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Reverse charge mechanism: mandatory GST registration for recipients liable under RCM, regardless of turnover, and compliance obligations.
Reverse charge imposes mandatory GST registration on any recipient liable to pay tax under the reverse charge mechanism irrespective of turnover; this includes notified supplies, imports of services, transactions from unregistered suppliers requiring self invoicing, and supplies involving casual taxable persons and e commerce facilitators. The recipient must pay tax in cash without using Input Tax Credit, and the time of supply for services follows the earliest of payment or recipient's invoice issuance; delays attract interest and penal consequences for non compliance. (AI Summary)
Author
Date 30 Jan 2025
Replies 1 Reply
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GSTAT non-operationalisation prompts Supreme Court stay and directive for government report, affecting pre-deposit appeals procedures.
Supreme Court issued notice and stayed an order of the first Appellate Authority after noting that the GST Appellate Tribunal (GSTAT) is not functional. The statutory pre-deposit regime requires deposits to pursue appeals before the first Appellate Authority and GSTAT, with recent reductions to the additional GSTAT pre-deposit. Non-operationalisation of GSTAT prevents filing of second appeals and prompts recovery by tax officers. CBIC's circular allows taxpayers to make pre-deposits and inform officers that appeals will be filed once GSTAT is functional to avoid recovery. The Court sought a government report and the matter raised potential writ remedies. (AI Summary)
Author
Date 30 Jan 2025
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Auditor independence essential for reliable financial reporting and regulatory compliance, protecting stakeholders' interests and enabling enforcement.
Auditors must comprehensively examine financial records to ensure a true and fair view, verify legal compliance with applicable statutes and accounting standards, detect and investigate errors and fraud, and provide an independent opinion for stakeholders. They must maintain confidentiality and, when material fraud or non-compliance is found, report such findings to relevant regulatory authorities. Operational challenges-regulatory complexity, management pressure, limited resources, and inadequate fraud-detection tools-affect auditors' ability to fulfil these duties. (AI Summary)
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Date 30 Jan 2025
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Commissioner in GST law defines statutory tax officers; Board-level commissioners issue directions to ensure uniform tax implementation.
Commissioner denotes the central tax officer (including varied ranks) appointed as the proper officer for GST purposes, while Commissioner in the Board denotes a Commissioner or Joint Secretary in the CBIC who, with board approval, issues instructions and directions to central tax officers to ensure uniform implementation of GST law; the Board is the administrative authority overseeing policy formulation and subordinate tax organizations. (AI Summary)
Date 30 Jan 2025
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Diamond Imprest Authorization enables duty free import for domestic processing subject to export obligations and strict compliance mechanisms.
The Diamond Imprest Authorization (DIA) permits duty free short term import of rough diamonds for domestic cutting, polishing and processing, subject to an Actual User Condition, pre import conditions, port and procedural restrictions, and the discharge of export obligations by physical export of processed natural cut and polished diamonds. DIA holders must meet eligibility criteria, execute a bond and performance bank guarantee, comply with value addition and monitoring requirements, and are subject to audits and penalties for non compliance. (AI Summary)
Author
Date 30 Jan 2025
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Importer Exporter Code updation required: maintain current IEC details online to avoid deactivation and trade impediments.
The Importer Exporter Code (IEC) is a mandatory lifetime 10 digit identifier for foreign trade; holders must perform electronic annual verification/updation and update whenever business particulars change. Non updated IECs will be de activated but may be automatically re activated after online updation. The DGFT portal workflow requires retrieval of the IEC profile, amendment of details, upload of supporting documents when necessary, electronic signing and submission, and download of the updated certificate. The annual electronic updation carries no user charge, though re issuance of a new IEC may require a fee. (AI Summary)
Author
Date 30 Jan 2025
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Suspension of trading for repeated listing non compliance can lead to revocation only upon cure and may trigger delisting.
Non-compliance with LODR Regulations leads the recognised stock exchange to suspend trading where a listed entity repeatedly breaches prescribed obligations: improper board composition including absence of a woman director, failure to constitute an audit committee as required, non submission of the corporate governance compliance report including cyber incidents, omission to file shareholding patterns and financial results within specified timelines, and failure to publish annual reports or reconciliation of shares. Revocation follows compliance and payment of fines; unresolved breaches or unpaid fines within the prescribed period result in compulsory delisting proceedings. (AI Summary)
Date 30 Jan 2025
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Sample testing under customs law determines product classification and compliance, guiding clearance and duty assessment procedures.
Testing of samples under Indian customs law authorises Customs officers and designated laboratories to take and analyse representative samples to determine composition, classification, valuation, and compliance; Section 144 of the Customs Act empowers sample-taking and provides for duty treatment of consumed samples, while Central Revenue Control Laboratories and accredited third party labs issue test reports that inform tariff classification and clearance decisions. (AI Summary)
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Date 30 Jan 2025
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Export controls reshape high tech trade, prompting supply chain fragmentation and strategic sourcing of critical materials.
Geopolitical tensions impose export controls, sanctions, and investment screening on advanced technologies and high-end goods, causing supply chain fragmentation and curbs on cross border partnerships. Concentration of rare earths prompts state strategies for supply diversification, stockpiling and alternative sourcing, treating such materials as strategic resources. Combined trade measures-tariffs, licensing regimes and national security controls-raise costs, complicate logistics and drive regionalisation of production, requiring businesses to comply with intersecting regulatory frameworks governing technology, materials and market access. (AI Summary)
Author
Date 30 Jan 2025
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Failure to inform grounds of arrest renders the arrest unlawful unless statutory pre-arrest notice and procedures are complied with.
The court concluded the arrest lacked legal validity because the prosecution did not comply with the statutory arrest procedure and failed to meaningfully inform the accused of the grounds of arrest, relying on precedent that CGST measures do not negate analogous CrPC protections and that pre-arrest notice and proper written explanation are required for offences attractable to limited-term imprisonment. (AI Summary)
Author
Date 29 Jan 2025
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Export sale proceeds monitoring requires submission of self certified e BRC and Annexure A to clear pending shipping bills
DRISHTI monitors realisation of export sale proceeds under FEMA/RBI; JNCH requires exporters to submit self certified e BRCs and a completed Annexure A (IEC, shipping bill, dates, realised FOB, currency, BRC number, other charges) for shipping bills shown as pending. Submissions must follow the prescribed email format and file guidelines (e.g., unmerged Excel cells, DD:MM:YYYY) and be sent to the designated mailbox for verification and update of DRISHTI status. (AI Summary)
Author
Date 29 Jan 2025
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ROC oversight of share transfers and transmissions ensures filing compliance and transparency in ownership changes.
The Registrar of Companies (ROC) is the regulatory overseer for procedural and statutory compliance in the transfer and transmission of shares, ensuring registration of changes through prescribed filings, scrutinising documents for validity (including transfer deeds, board resolutions and evidentiary proofs for transmission), maintaining public records of ownership, enforcing timely filing obligations and applying penalties for delays to promote transparency and legal certainty in ownership changes. (AI Summary)
Author
Date 29 Jan 2025