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Export controls on AI chips prompt supply-chain diversification, creating an opportunity for India to attract semiconductor investment and technology partnerships.
U.S. export controls on advanced AI chips restrict transfers to designated adversary jurisdictions and encourage supply-chain diversification; India can leverage this shift by using existing export controls under the SCOMET regime, the Production Linked Incentive scheme and the India Semiconductor Mission to attract technology transfer, joint R&D, targeted incentives, and FDI for semiconductor and display manufacturing, provided it addresses infrastructure, equipment, raw-material supply chain, specialised workforce, and geopolitical alignment challenges. (AI Summary)
Date 17 Jan 2025
Replies 1 Reply
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Website disclosure obligations require companies to publish prescribed corporate, financial and governance information online for stakeholder transparency.
Company website disclosure obligations require publishing specific corporate particulars and stakeholder communications online. Companies must place identifying details on the landing page and upload statutory communications including deposit circulars, meeting notices, postal ballot notices and results, audited financial statements and subsidiary accounts, unpaid dividend statements, CSR policy and committee composition, director resignation postings and notices related to compromise or arrangement proceedings. These online publication duties apply particularly to listed and public-facing companies, and officers in default may face penalties under the Act. (AI Summary)
Date 17 Jan 2025
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Movable property characterization of telecom towers preserves input tax credit eligibility under GST despite their attachment to foundations.
Applying tests of permanency, annexation, functionality and marketability, telecommunication towers are intrinsically movable: their fixation to concrete bases supplies operational stability and is not intended as permanent annexation to land, they can be dismantled, relocated and sold, and therefore do not qualify as immovable property that would attract the GST restriction on input tax credit for inputs used in construction of immovable property. The exclusion of towers from the definition of plant and machinery does not, by itself, render them immovable. (AI Summary)
Author
Date 17 Jan 2025
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Denied Entity List restricts exports to listed entities, requiring exporters to verify IECs and obtain authorisation.
The Denied Entity List (DEL), maintained by the DGFT, prohibits or restricts exports and related transactions to entities posing national security or foreign policy risks; exporters must verify customer IECs and obtain required licences before transacting. An IEC flagged on the DEL prevents normal import export activities absent special authorisation. Removal from the DEL requires an application to DGFT demonstrating remediation of the underlying issues, subject to DGFT evaluation, possible inter agency consultation, and notification of the decision, after which trade privileges may be reinstated with potential monitoring. (AI Summary)
Author
Date 17 Jan 2025
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Export compliance: ensure certifications, chemical limits and rules of origin to maintain market access for apparel exports.
The apparel export sector requires exporters to obtain an Import Export Code and comply with oversight bodies while meeting international certifications and standards such as ISO, OEKO TEX Standard 100 and GOTS. Key compliance obligations include accurate labelling and packaging, adherence to chemical controls like EU REACH, observance of ethical labour standards, and satisfaction of customs and rules of origin to access preferential tariffs; temporary export controls and prohibitions on counterfeit goods may further restrict trade. (AI Summary)
Author
Date 17 Jan 2025
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Track and Trace compliance shifted to health ministry oversight; exporters must align serialization and authentication with drug rules.
The Track and Trace framework mandates serialization, unique identification codes, QR labeling and secure data storage to ensure authenticity and supply chain visibility for pharmaceutical exports. Indian regulatory oversight requires alignment with global standards and destination country rules, data sharing for verification, and use of enabling technologies. DGFT Public Notice No 44/2024-2025 withdraws the Handbook provision on Track and Trace for exported drug formulations and directs implementation of authentication by the Ministry of Health and Family Welfare under the Drug Rules. (AI Summary)
Author
Date 17 Jan 2025
Replies 1 Reply
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Corporate Social Responsibility obligation requires eligible companies to adopt policies, spend mandated funds and report compliance.
Section 135 mandates that companies meeting prescribed financial thresholds form a CSR Committee to draft and recommend a CSR policy aligned with Schedule VII activities, recommend expenditure, and monitor implementation. The Board must approve, disclose and ensure execution of the policy and ensure annual spending of the prescribed portion of average net profits, with specific rules for surplus utilisation, local-area preference, and disclosure in board reports and statutory filings; non-compliance attracts penalties and officer liability. (AI Summary)
Author
Date 16 Jan 2025
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Foreign exchange current account restrictions: reliance on audited financials can determine compliance with prior approval requirements.
Contravention of current account restrictions under the Foreign Exchange Management Act occurs when foreign exchange is acquired or used for purposes other than declared, not surrendered, or applied to unauthorized purposes. Rule 4 and Schedule II prescribe specific transactions requiring prior government approval or registration. Penalties on adjudication can reach up to three times the quantifiable amount or a statutory maximum where not quantifiable, with additional daily penalties for continued breaches. An enforcement example hinges on whether audited financial statements establish that royalty remittances fell within permissible limits and whether authorities produced contradicting evidence. (AI Summary)
Date 16 Jan 2025
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Input tax credit rectification mechanism allows filing applications to correct past ITC demand orders under GST procedure.
Central administrative changes designate a DGGSTI-Hq Intelligence Additional/Joint Director as the Nodal Officer under section 14A(3) IGST Act for IT Rules matters; the Government filed a review petition and the GST Council recommended a retrospective amendment to section 17 CGST addressing input tax credit on construction costs; the Supreme Court admitted review of service tax treatment of salary reimbursements and stayed show cause notices to online gaming companies; CBIC extended multiple GST return due dates after a GSTN outage; GSTN issued rectification application functionality for ITC demand orders and mandated Phase-III HSN code selection in GSTR 1/GSTR 1A with initial validations in warning mode. (AI Summary)
Date 16 Jan 2025
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Export compliance and controls shape chemical exports by requiring documentation, hazardous chemical regulation, and adherence to international standards.
Exporters of India's chemical products must comply with a layered regulatory framework requiring DGFT registration and an Importer Exporter Code, sectoral oversight by authorities such as FSSAI, CIB&RC and BIS, maintenance of prescribed export documentation and safety data sheets, testing for residue and contaminant limits, and adherence to international conventions and foreign regimes (e.g., Rotterdam, Stockholm, REACH, TSCA, GHS) for hazardous chemicals alongside domestic environmental and hazardous waste rules. (AI Summary)
Author
Date 16 Jan 2025
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Refrigerant export compliance: ensure export licensing and environmental certification for market access to regulated destinations.
Export of refrigerants from India requires an Importer Exporter Code and strict domestic environmental compliance for handling and transport, plus accurate customs and safety documentation. International agreements phasing out ozone depleting substances and reducing high GWP gases constrain market access and require exporters to secure certifications demonstrating low GWP or non ozone depleting properties for destination markets. Compliance costs, supply chain volatility, and evolving standards drive a transition toward low GWP and natural refrigerants and necessitate R&D and certification to maintain export competitiveness. (AI Summary)
Author
Date 16 Jan 2025
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Perquisites provided by employer are excluded from GST, so contractual free employee transport is not taxable and ITC may follow.
Perquisites provided by an employer to employees under the employment contract are excluded from GST under Schedule III and CBIC clarification; consequently, free bus transport supplied to employees pursuant to contractual HR terms is not taxable. Input tax credit is blocked for small capacity passenger motor vehicles but remains available for vehicles with larger approved seating capacity used for passenger transportation, allowing the employer to claim ITC for such larger buses. (AI Summary)
Author
Date 15 Jan 2025
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Honey export compliance requires FSSAI registration, certification and adherence to importing-country quality and documentation standards.
Export of honey from India requires compliance with Food Safety and Standards for purity and moisture, FSSAI registration or licensing, and laboratory Certificates of Analysis. International exportation further requires Export Health Certificates, Phytosanitary and Fumigation Certificates where applicable, and standard export documentation (commercial invoice, packing list, bill of lading, customs declaration). Honey exports are zero-rated under GST with input tax credit refund eligibility, and exporters must follow DGFT procedures and meet importing-country specific standards and labelling requirements. (AI Summary)
Author
Date 15 Jan 2025
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SCOMET export controls require DGFT licences and end user verification to prevent diversion and ensure non proliferation compliance.
Export of SCOMET items from India requires a DGFT export licence based on a detailed application, a signed End User Certificate, and government risk screening. Dual use and specifically controlled categories-nuclear, chemical precursors, biological agents, missile technologies and military equipment-are subject to interagency review and post shipment verification. Exporters must perform due diligence, provide non diversion guarantees, monitor regulatory updates to the SCOMET List, and comply with international non proliferation regimes to avoid licence revocation, seizure, fines, imprisonment or international sanctions. (AI Summary)
Author
Date 15 Jan 2025
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Nil TDS Return filing protects businesses from penalties and preserves a clean tax compliance record and prevents discrepancies.
Filing a Nil TDS Return is mandatory when no tax deductions occur during a period; it demonstrates compliance with the Income Tax Act and avoids penalties under section 234E. Timely filing preserves a clean tax record, prevents discrepancies with the Income Tax Department's TDS database, aids audits and financing interactions, and promotes transparency with stakeholders. (AI Summary)
Author
Date 15 Jan 2025
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Data localisation in UPI strengthens domestic storage and audit obligations, shaping banks' and app providers' compliance responsibilities.
The document sets out NPCI's authority over UPI-prescribing participant rules, approving banks and TPAPs, operating routing and settlement, and conducting audits-and details PSP Bank and TPAP obligations, including end-user authentication, domestic storage of UPI transaction data, security audits, grievance redressal, and facilitation of RBI/NPCI access for audits and data retrieval. (AI Summary)
Date 15 Jan 2025
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Cumulation in Rules of Origin enables combined sourcing across partners to preserve preferential trade access and reduce costs.
Cumulation under Rules of Origin permits inputs and processing in partner territories to be treated cumulatively so final goods retain eligibility for preferential treatment under FTAs. It operates as bilateral, diagonal, or full cumulation, each with specific origin criteria and documentary requirements. Proper use of cumulation can lower costs, broaden sourcing options, and expand preferential-market access for exporters, but requires robust origin certification, traceability and alignment of RoO to address administrative and verification challenges. (AI Summary)
Date 15 Jan 2025
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Non-obstante clause precedence: denial of input tax credit for late return filing viewed as arbitrary and punitive.
The legal issue is whether Section 16(2) (a non obstante clause) overrides Section 16(4), which limits Input Tax Credit for late return filing. A High Court view summarized here holds that denying ITC after taxpayers paid suppliers and statutory fees and interest is arbitrary and punitive, as it nullifies the entitlement under the non obstante provision. The commentary warns against treating non obstante clauses as unlimited overrides and suggests Section 16(4) might instead be an additional compatible condition; careful interpretation is needed as litigation evolves. (AI Summary)
Date 14 Jan 2025
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GST on online gaming: interim stay of demand notices and suspension of adjudication pending consolidated hearing.
GST on online gaming is disputed: whether the tax base is the full contest entry amount or only platform fees, and whether the GST Council's amendment applies retrospectively. The Supreme Court granted interim relief by staying adjudication of show-cause notices, preventing coercive action, ensuring notices will not become time-barred during litigation, and ordering consolidation of cases pending a definitive hearing. (AI Summary)
Date 14 Jan 2025
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Adjusted Total Turnover clarified - reconsider refund claims for zero-rated supplies under the CGST refund calculation.
The CBIC clarified that the value of zero-rated supplies and the computation of Adjusted Total Turnover must reflect turnover in the State/Union territory and the amended definition of turnover of zero-rated supply, aligning numerator and denominator in the refund formula for refund of unutilised ITC; the court remanded the exporter's refund claim for reconsideration applying that clarification, which affects treatment of FOB versus transaction values. (AI Summary)
Author
Date 14 Jan 2025