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Exporter's Caution List warns banks to scrutinise exporter transactions, restricting services and requiring RBI approval for guarantees.
The Exporter's Caution List is a Reserve Bank mechanism to identify exporters involved in fraudulent or non compliant export activities and to alert banks and stakeholders to exercise caution. Under Para C.28, AD banks recommend caution listing or de caution listing to the RBI based on exporters' records and investigations; AD Category - I banks may handle shipping documents of listed exporters only upon proof of advance payment or an irrevocable letter of credit covering full export value, and must seek RBI approval before issuing guarantees for caution listed exporters. (AI Summary)
Author
Date 27 Jan 2025
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GST on advances requires payment at the applicable rate and issuance of receipt vouchers; refunds need refund vouchers or adjustment.
Service providers must treat payments received before supply as GST on advances, with GST payable at the rate applicable to the service. The time of supply is the earlier of invoice or receipt of payment, requiring issuance of a receipt voucher on receipt of an advance. GST paid on advances is adjustable against the final invoice; excess tax may be refundable, while refunds of advances before supply require a refund voucher and reversal of tax. Input Tax Credit on advances is not available until services are received. (AI Summary)
Author
Date 25 Jan 2025
Replies 1 Reply
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Input-output norms govern duty-free import entitlements for exporters and require committee approval and compliance monitoring.
The Norm Committee under DGFT establishes, approves and reviews input-output norms for duty-free import entitlements under export promotion schemes like Advance Authorization and DFIA, evaluates applications (ANF-4B) with technical and production data to grant or amend norms, monitors exporter compliance with export obligations, aligns norms with industry and international standards, and resolves disputes or authorizes relaxations where justified. (AI Summary)
Author
Date 25 Jan 2025
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Risk management in customs enhances targeting of high risk consignments while facilitating faster clearance for low risk compliant trade.
Risk management in customs establishes a structured Risk Management System that uses customs declarations, trade data and intelligence to assign risk scores and classify consignments as high, medium or low risk; high risk consignments receive enhanced scrutiny (physical inspection, documentation checks, investigations) while low risk consignments are expedited. Key components include risk identification, risk assessment (scoring and profiling), risk mitigation (preventive measures, interagency collaboration) and continuous monitoring, supported by data sharing and automated analytic tools to facilitate trade and protect security. (AI Summary)
Author
Date 25 Jan 2025
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TDS on immovable property payments: late remittance attracts statutory interest and late filing fee when deduction is not timely made.
The transferee's statutory duty to deduct tax at source on payment for immovable property requires timely deposit to government and submission of Form 26QB and Form 16B; failure to deduct or to remit within the prescribed period attracts statutory interest on delayed remittance and a separate late filing fee, and belated payment after the event does not absolve the payer where there is no contemporaneous evidence that the payee was an exempt institution or that the payer received specific authoritative instruction not to deduct. (AI Summary)
Date 25 Jan 2025
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Notice service: absence of physical service can excuse delay in filing a GST appeal when orders are only portal uploaded.
Absence of physical service of an order, despite its upload on the electronic portal, can constitute a reasonable cause to excuse delay in filing an appeal; this principle was applied to treat the delay as condonable, while noting a contrasting precedent that treats statutory methods of service as alternative means. (AI Summary)
Author
Date 25 Jan 2025
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Entity tax regime: LLP flat-rate taxation and partner-level allocation versus Pvt. Ltd lower corporate rates and dividend taxation.
Choice of business entity depends on tax regime: LLPs face a flat income tax rate with surcharge and cess, AMT with carryforward credit, partner-level allocation without dividend distribution, and deductibility for partner remuneration and interest. Private limited companies qualify for lower corporate tax regimes, face MAT on book profits with carryforward credit, and distribute dividends taxed in shareholders' hands, while accessing deductions and incentives for depreciation, R&D, and startups. (AI Summary)
Author
Date 25 Jan 2025
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Quality control orders require conformity testing and certification before import or export, affecting clearance and penalties.
Quality Control Orders require specified products to meet mandated standards through testing and certification before import or export; customs laws integrate these requirements into the clearance process by demanding statutory documentation, payment of duties, and adherence to prohibitions or licensing regimes. Non compliance can trigger confiscation, re exportation, fines, or criminal penalties, and enforcement is effected by standards and customs authorities through inspection, verification, and regulatory approvals. (AI Summary)
Author
Date 25 Jan 2025
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Export compliance for bicycles: registration, HS classification and documentation enable incentive access and customs clearance.
Export of bicycles and parts from India requires IEC and RCMC registration, correct HS classification, requisite export licences and preparation of operative documents (export invoice, packing list, bill of lading/airway bill, certificate of origin) with electronic filing through ICEGATE, customs clearance, and compliance with FEMA for repatriation; exporters may access export incentives such as RODTEP duty credit scrips, EPCG concessions, Duty Drawback, interest equalization, and SEZ/EOU benefits subject to scheme conditions. (AI Summary)
Author
Date 25 Jan 2025
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Question of law left open prolongs litigation; courts urged to decide substantial legal questions on merits to reduce uncertainty.
The author urges courts to stop routinely dismissing matters with riders like "question of law is kept open" or saying "we are not inclined to exercise our jurisdiction", because those practices create legal uncertainty, prolong litigation, and increase backlog. Courts should first determine whether a substantial question of law arises and, if so, decide it on the merits rather than leaving issues unresolved; policy dismissals that are expressly non binding are distinct from the criticized practice. (AI Summary)
Date 24 Jan 2025
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Customs classification: apply GIR, trade parlance, expert opinion and supplier evidence to support accurate tariff positions.
Begin tariff disputes by analysing the goods technically to select the correct customs tariff entry; if headings are unclear, apply the General Rules of Interpretation, using Rule 1 and Rule 3 as applicable. Use the Trade Parlance Test and supplier classifications as supporting evidence. Challenge unclear expert opinions, obtain independent technical advice, address employee statements, and respond to customs allegations with arguments based on GIR, chapter notes and relevant exclusions; consult Harmonized System explanatory notes as a last resort. (AI Summary)
Author
Date 24 Jan 2025
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Early investment and compounding power long-term wealth when paired with diversification and disciplined budgeting.
The article advises young investors to leverage time and compounding by aligning investment strategy with personal risk tolerance and investment horizon, using diversification and low-cost vehicles (index funds, ETFs) for broad market exposure, treating cryptocurrencies as speculative, and maintaining a financial foundation through budgeting, expense control, and an emergency fund to support consistent saving and portfolio reviews. (AI Summary)
Author
Date 24 Jan 2025
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GST Rate and Exemption Changes: notifications adjust rates, broaden exemptions, and modify compliance mechanisms affecting suppliers and taxpayers.
Notifications revise GST rates and definitions: fortified rice kernel is reclassified with a concessional rate and an expanded definition of pre-packaged and labelled; gene therapy is exempted; food inputs for free distribution to economically weaker sections receive a reduced rate. Tax on old and used vehicles is shifted to a margin-based levy. Changes to mechanism and compliance include revised specified premises classification with opt-in/out declarations, narrowing of reverse charge applicability for sponsorships and rental by composition taxpayers, conditional exemption from compensation cess for certain exports, updated arrest and bail guidance requiring written grounds, adjusted draft input-credit generation timing, and portal procedures for a statutory waiver scheme. (AI Summary)
Date 24 Jan 2025
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Pre-shipment inspection oversight enables exporters to seek committee review and resolution of inspection disputes and compliance concerns.
The Inter-Ministerial Committee for Pre-Shipment Inspection Agencies (PSIAs) authorises and monitors PSIAs, issues and enforces inspection procedures and certification protocols, reviews inspection reports, addresses exporter complaints and disputes, and recommends corrective measures or guideline revisions. It coordinates across trade, customs and standards bodies to ensure PSIAs comply with export regulations and international standards, and follows a process of formal application, committee review, recommendations and follow-up to resolve issues and improve inspection integrity and efficiency. (AI Summary)
Author
Date 24 Jan 2025
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Cumulation in Rules of Origin enables combined sourcing across FTAs to secure preferential tariff treatment for exports.
Cumulation in Rules of Origin allows inputs from multiple treaty partners to be combined so final goods qualify for preferential tariff treatment. It includes bilateral, regional, diagonal and full cumulation forms, each requiring harmonised ROO and mutual agreement terms to function. Cumulation increases sourcing flexibility, export competitiveness and regional integration but presents challenges such as administrative complexity, local content requirements and limited scope where agreements do not permit cumulation. (AI Summary)
Author
Date 24 Jan 2025
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Tax Collection at Source lower rate: certificate permits reduced TCS collection subject to Form No.13 application and PAN compliance.
Under Section 206C(9) an Assessing Officer may issue a certificate allowing collection of tax at a lower TCS rate on application in Form No.13 filed electronically under Rule 37G, with prescribed income, liability and supporting particulars (including Annexures I and II and a justification note). PAN must be furnished to obtain the certificate; the tax-collection account number requirement has been dispensed with. The Assessing Officer processes TCS statements, determines estimated liability considering prior years and payments, issues an intimation within one year, and may issue a person-specific certificate under Rule 37H valid for the assessment year unless cancelled; amounts collected and paid are credited as tax paid for the collector's payee. (AI Summary)
Date 24 Jan 2025
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SVLDR Scheme eligibility hinges on pre-cutoff quantification of duty; admissions or payments before the date can validate declarations.
Disqualification under Section 125(1)(e) of the SVLDR Scheme depends on whether duty was quantified on or before the cut-off date, not on exact correspondence with later demands; an admission of liability and payment before that date constitutes quantification. Discrepancies between declared figures and later show-cause notices are matters for verification under Section 126, where the Designated Authority may verify figures and make counter-offers, rather than grounds for automatic ineligibility. (AI Summary)
Author
Date 24 Jan 2025
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Automated Out of Charge speeds customs release for AEO-T2 and AEO-T3 holders, reducing manual checks and delays.
CBIC has introduced an automated system for issuing the Automated Out of Charge (OOC) for holders of AEO-T2 and AEO-T3 status, enabling customs to issue the OOC automatically once prescribed compliance checks are satisfied. The mechanism replaces manual clearance steps for eligible AEOs, shortens release times, reduces paperwork, lowers the incidence of human error, and provides real-time status notifications. (AI Summary)
Author
Date 24 Jan 2025
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Container selection in international trade dictates appropriate equipment, temperature control, and intermodal compatibility for secure shipments.
Types of ocean freight containers are described by design and common uses-standard dry, High Cube, refrigerated and insulated units, ventilated, open top, flat rack, tank containers, pallet wide, double door, car carriers, swap bodies and cold treatment boxes-and selection depends on cargo size, weight, temperature or ventilation needs, loading method, transhipment and intermodal compatibility, and compliance with international technical and safety standards to ensure security and prevent damage or spoilage. (AI Summary)
Author
Date 24 Jan 2025
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Deposit reporting obligation: DPT 3 filing ensures statutory compliance, transparency, and stakeholder protection for companies holding deposits.
The DPT 3 Form is a statutory filing for companies to report deposits received in a financial year to the Registrar, requiring disclosure of deposit particulars to ensure compliance with the Companies Act deposit regime. The filing promotes regulatory oversight, transparency for stakeholders, prevention of unlawful deposit practices, audit facilitation, and protection of shareholders and creditors. The obligation generally applies to any company accepting deposits during the year, with limited exemptions for certain private company member-only deposits. (AI Summary)
Author
Date 23 Jan 2025