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Duty to record reasons: administrative and appellate decisions must state intelligible reasons or face judicial review of validity.
The core legal point is that an appellate authority cannot reject a statutory appeal without recording reasons; absence of a reasoned order suggests non-application of mind and breaches principles of natural justice. Administrative and quasi judicial decisions must provide intelligible justification to permit review and to replace subjective conclusions with objective reasoning; established precedent treats omission of reasons as a ground for judicial scrutiny. (AI Summary)
Date 29 Jan 2025
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Export compliance for technical textiles requires DGFT registration and market-specific certification to enable lawful shipments.
Exporters of technical textiles must complete registration with the Directorate General of Foreign Trade and obtain an Importer Exporter Code; product-specific certification may be required for destination-market standards. Sensitive-use consignments may require a No Objection Certificate from competent authorities, and all exports must comply with customs clearance documentation and duty formalities. Government incentive schemes and export promotion councils operate in tandem with these compliance obligations to support research, production and market access. (AI Summary)
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Date 29 Jan 2025
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RODTEP scheme: remission of indirect taxes on rubber exports improves export competitiveness and is claimed through customs EDI.
HSN classification under Chapter 40 delineates codes for natural rubber, synthetic rubber, compounded rubber and rubber articles and is essential for customs classification and entitlement to incentives. Export incentives for rubber include Duty Drawback, refunding duties on imported inputs per the Duty Drawback Schedule, and RODTEP, which remits various indirect taxes and levies not otherwise refunded; RODTEP rates are administratively fixed and claimed via the Customs EDI system as electronic scrip. Export procedures require registration, accurate HSN assignment, export documentation, customs clearance and post shipment compliance. (AI Summary)
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Date 29 Jan 2025
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Rubber export regulation requires Board registration, certified grading and customs compliance before shipment.
Export of rubber is governed by the Rubber Act and overseen by the Rubber Board, requiring exporters to register, obtain certified grading and quality certification, and, where necessary, secure a No Objection Certificate before customs declaration and shipment; fees for Board services apply and export duties remain exceptional tools to manage domestic supply or pricing. (AI Summary)
Author
Date 29 Jan 2025
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Trademark types clarify categories and protection strategies to safeguard brand identifiers and exclusive rights against infringement.
Classification of marks and legal protection mechanisms for brand identifiers assist businesses in selecting appropriate protection. Word marks protect literal wording; design marks secure graphical elements; combination marks capture verbal and visual distinctiveness. Service marks apply to services, certification marks indicate conformance to standards or origin, and collective marks identify members of an organisation. Registration confers legal protection against infringement, exclusive use rights and a competitive barrier to imitation, with trademark registration as the operative enforcement mechanism. (AI Summary)
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Date 28 Jan 2025
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Contesting condonation of delay: press for documentary proof to challenge unexplained procedural delays and defeat appeals.
Contesting an application for condonation of delay is a decisive procedural step because dismissal of the condonation petition terminates the appeal. Counsel for the respondent must closely scrutinise the chronological events and require documentary proof for each step relied upon to explain delay. Where appellants-especially government departments-invoke routine file movement despite available IT enabled communication and e filing, those explanations are vulnerable. Absence of contemporaneous records, duplicated or unexplained intervals, and lack of a substantial question of law supporting the appeal strengthen the case for denying condonation; respondents should seek production of appeal scrutiny reports and related documents and press for court directions if records are withheld. (AI Summary)
Date 28 Jan 2025
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Export controls and supply-chain fragmentation increase trade risks for advanced technologies and rare earth-dependent high-end goods globally.
Geopolitical tensions prompt export restrictions, sanctions, and investment screening that constrain flows of semiconductors, AI components, and other advanced-technology inputs, driving export controls and tech decoupling. Concentration of rare earth production creates supply vulnerabilities, prompting supply diversification, recycling, and strategic resource policies. High-end goods face tariffs, non-tariff barriers and logistical disruption, encouraging firms to regionalize production, reroute sourcing, and build resilience through stockpiles and nearshoring. (AI Summary)
Author
Date 28 Jan 2025
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GST on jewellery applies to total supply including making charges; composite supply treatment allows ITC for inputs and capital goods.
GST on jewellery is levied on the total value of the supply, including materials and making charges; the sale is a composite supply with the principal supply being the metal and making charges treated as job work. The same GST treatment applies to digital gold. Manufacturers and job workers can claim ITC on inputs and capital goods; principals can claim ITC on GST paid to job workers. Compliance obligations include e-way bill rules, time-limited movement-to-job-worker exemptions, and tax treatment of waste and scrap, with registration required when turnover exceeds statutory limits. (AI Summary)
Author
Date 28 Jan 2025
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Service of notices: portal publication is supplementary; statutory delivery modes must be attempted before electronic fallback.
Section 169 prescribes alternative statutory modes for service - personal delivery, registered post, e mail, portal/newspaper publication or affixture - with direct delivery, registered post and e mail treated as primary alternatives and portal publication or affixture permissible only when those modes are impracticable; Rules cannot curtail the statute and authorities must follow the statutory sequence to protect principles of natural justice. (AI Summary)
Date 28 Jan 2025
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Pesticide export compliance: exporters must secure registration, export permits and meet importing-country residue and transport standards.
Export of pesticides requires product registration and approval by the Central Insecticides Board and Registration Committee, compliance with environmental and manufacturing quality standards, and export-specific documentation such as export permits, certificates of analysis and phytosanitary certificates. Exporters must meet importing-country residue and testing standards, adhere to hazardous goods transport rules, and implement end-user verification to prevent misuse, while aligning labeling and packaging with both domestic and foreign regulatory requirements. (AI Summary)
Author
Date 28 Jan 2025
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Importer Exporter Code update requirement: failure to update triggers deactivation and disrupts customs and trade operations.
The Importer Exporter Code (IEC) is a mandatory lifetime 10 digit identifier issued by DGFT; IEC holders must update details electronically annually (April-June) and failure to update will result in de activation. De activated IECs can be re activated automatically after online updation via the DGFT portal (ANF 2A), using electronic authentication and any required supporting documents; upon successful verification the IEC status is updated and transmitted to the Customs system. (AI Summary)
Author
Date 28 Jan 2025
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Export compliance for imitation jewellery: RCMC and correct HSN classification required to access export incentives and customs benefits.
Exporters of imitation jewellery must secure accurate HSN classification and obtain a RCMC to meet customs and trade procedures and to qualify for export incentives. Compliance with the Foreign Trade Policy and Customs Act processes, submission of prescribed export documents (commercial invoice, packing list, bill of lading, certificate of origin, GST invoice, insurance, and export declarations) and adherence to procedural claim requirements are prerequisites for accessing schemes such as duty drawback, RODTEP, interest equalization and transport support. (AI Summary)
Author
Date 28 Jan 2025
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Phytosanitary compliance for imported fruits and vegetables is required to prevent pests and secure customs admissibility at ports.
The import of fruits, vegetables, and exotic fruits into India requires compliance with phytosanitary standards, food safety norms, and customs procedures. Importers must obtain an Importer Exporter Code, FSSAI registration, and APEDA registration where applicable, secure phytosanitary certificates or plant quarantine NOCs, and submit prescribed documents for customs clearance. Shipments are subject to inspection, quarantine, and payment of customs duties and GST; after clearance, imported produce must meet FSSAI labelling, packaging, and local distribution requirements. (AI Summary)
Author
Date 28 Jan 2025
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GST on job work services requires rate application, ITC eligibility, movement documentation and specific filing obligations.
Job work in the jewellery sector is a taxable service with GST charged on the job worker's service value and the principal eligible for input tax credit subject to statutory conditions. Goods may move to job workers without payment of tax if returned within prescribed periods or when the job worker's premises are declared an additional place of business; movements must be accompanied by a delivery challan. Principals must report movements in Form GST ITC-04 per prescribed filing periodicity, and disposal of waste or scrap and transport of high-value metals may attract additional GST and e-way bill requirements. (AI Summary)
Author
Date 27 Jan 2025
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Penalty for dealing with confiscable goods cannot rest on a retracted confession and a brief phone call alone.
The tribunal held that imposition of penalty under Section 112 could not be sustained where the case depended solely on a retracted confessional statement of a co-accused and an isolated brief telephone call, there was no corroborative evidence of prior knowledge or dealings with confiscable goods, and prior penalties pending adjudication could not be used to establish present culpability. (AI Summary)
Date 27 Jan 2025
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Export compliance requires IEC, FSSAI and APEDA registrations to meet food safety, quality and customs obligations for cashew exports.
Export of cashew nuts from India requires specific registrations and certifications-notably the Exporter Importer Code, FSSAI registration and APEDA registration-and may require CEPCI certification and phytosanitary certificates depending on destination. Export procedure entails sourcing and processing kernels, securing invoice, bill of lading, certificate of origin and relevant sanitary certificates, undergoing pre-shipment quality inspection, completing customs clearance, and arranging shipment, with destination-country inspections governing final release to importers. (AI Summary)
Author
Date 27 Jan 2025
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Barter trade regulation: cross-border exchanges subject to customs, FTP and RBI reporting and banking conditions.
Barter trade is not expressly prohibited under Indian Customs law, the FTP or the Foreign Trade (Development and Regulation) Act, but cross border barter is subject to customs duties, valuation, import/export procedures, licensing and applicable taxes. International barter engages RBI/FEMA rules: set off and netting of export receivables against import payables may be allowed under conditions enforced by AD Category I banks (KYC/AML/CFT checks, exclusion of transactions under investigation, separate reporting in mandated systems, and legally enforceable agreements). Proper documentation, bank supervision and exchange control reporting are essential. (AI Summary)
Author
Date 27 Jan 2025
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Wrong head ITC availment is a technical error, not wrongful utilisation, so assessment under Section 73 is not maintainable.
The court found that misclassifying IGST as CGST and SGST in return filing was an inadvertent technical error, not wrong availment of input tax credit. Under the ledger-based statutory test, wrongly availed credit is treated as utilised only when the total balance in the electronic credit ledger falls below that amount; absent such depletion or evidence of utilisation, assessment proceedings for tax, interest and penalty on account of wrong availment are not maintainable. (AI Summary)
Author
Date 27 Jan 2025
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MSME eligibility and registration unlock government schemes, tax relief and subsidized finance through Udyam registration.
Eligibility for MSME benefits depends on prescribed investment in plant and machinery and annual turnover thresholds across micro, small and medium classifications. Registration via the Udyam Registration Portal-providing Aadhaar, PAN, GSTIN if applicable, business address proof and financial details including plant and machinery investment-and issuance of a Udyam Registration Certificate is required to claim government supports such as subsidies, tax exemptions, subsidized loans, procurement preferences and export assistance. (AI Summary)
Author
Date 27 Jan 2025
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Export on lease allows temporary overseas use while retaining ownership, requiring customs, GST, tax and regulatory approvals.
Export on lease, hire or similar arrangements allows temporary transfer of goods abroad while ownership remains with the exporter and requires precise contractual terms on duration, maintenance, insurance, return and risk allocation, together with compliance on customs temporary export procedures, GST and income tax treatment, foreign exchange rules and any export licences; certain lease or elongated credit exports require prior regulatory approval through authorised banks under central bank directions. (AI Summary)
Author
Date 27 Jan 2025