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Natural justice breach: issuing demand orders before the reply period invalidates notices when portal access is unavailable.
Issuance of a demand order before the expiry of the period for filing a reply infringes the principles of natural justice where the taxpayer could not access the departmental portal due to registration cancellation. Administrative authorities must furnish the case and material relied upon and allow adequate time to gather evidence, including electronic records, after restoration of registration; proceeding before the reply period elapses and before access is available amounts to procedural unfairness. (AI Summary)
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Date 31 Dec 2024
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Input Tax Credit reconciliation: regular use of GSTR 2A ensures accurate ITC claims and supplier filing compliance.
GSTR 2A is a supplier-populated electronic record enabling recipients to match supplier-submitted purchase data with their own records to verify and claim Input Tax Credit (ITC). Regular reconciliation against GSTR 2A ensures accurate ITC claims, verifies supplier filing compliance, detects fraudulent or unsupported credits, and streamlines reconciliation by consolidating supplier invoice information for improved tax compliance. (AI Summary)
Author
Date 31 Dec 2024
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Companies Act reform expands corporate governance and rulemaking powers, reshaping incorporation, compliance, and tribunal architecture.
The Companies Act, 2013 replaced the 1956 framework and restructured corporate regulation by introducing new corporate forms and governance duties, mandating Corporate Social Responsibility, creating key managerial and valuation roles, strengthening independent director and auditor regimes, and establishing specialized tribunals and special courts. The Act significantly relies on Central Government rule making powers to prescribe detailed procedures for incorporation, accounts, audits, winding up, filings and penalties, thereby increasing the scope and complexity of subordinate rules and administrative compliance. (AI Summary)
Date 31 Dec 2024
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Competent authority defined as a notified, purpose limited entity under GST; designated authority appointed by Board or Commissioner.
The terms competent authority and designated authority denote notified entities appointed for specific statutory purposes under the GST framework. Competent authority is context dependent and in construction matters may include the Government, authorities issuing completion certificates, or specified professionals when such certificates are not required. Designated authority is also purpose limited, with appointment made by the Board under central/state law and by the Commissioner under union territory law; one stated purpose is to perform appellate functions. (AI Summary)
Date 31 Dec 2024
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MSME benefits for digital transformation expand tax incentives and finance access to promote small business technology adoption.
MSME-focused support accelerates digital transformation through government schemes and capital subsidies for technology upgrades, specialised loans and credit facilities for IT investment, and tax incentives for software and digital tools. Complementary measures include e-marketing support to expand market access and government skill development programs to raise digital literacy, together reducing cost barriers and enhancing small enterprises' capacity to adopt and deploy modern technologies. (AI Summary)
Author
Date 31 Dec 2024
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TDS on salary: employers must deduct at average tax rate, accounting for perquisites, other income and regime choice.
TDS on salary requires the employer to deduct tax at the time of payment by applying the average rate of income-tax on the employee's estimated total income; the employer may adjust deductions for prior errors and must consider employee provided particulars of other income, house property loss, and TDS/TCS (Form 12BAA/12B) and may require evidence of claims (Form 12BB). Employers must furnish perquisite details in Form 16/12BA, obtain the employee's tax regime choice for TDS computation, issue Form 16 certificates, and apply special rules for non monetary perquisites, sweat equity, relief under the statute, and foreign currency salary conversion. (AI Summary)
Author
Date 30 Dec 2024
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Valuation of unquoted shares: permitted methods like DCF are acceptable; disclaimers and later actuals don't automatically invalidate valuation.
Rule 11UA sets out a formula for FMV of unquoted equity shares by aggregating adjusted asset values, market valuations for specific asset classes, FMV of shares and securities, and stamp-duty values for immovable property, less liabilities, and allocating the net to paid-up share capital; it permits multiple valuation methods including DCF. Customary disclaimers in valuation reports do not automatically invalidate an approved method, and retrospective comparison of projections with later actuals is not an appropriate basis to reject a permitted valuation under the Rule. (AI Summary)
Date 30 Dec 2024
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Classification of popcorn: GST recommendations risk reclassifying cereal popcorn despite essential-character tariff principles.
GST recommendations treat salted/spiced popcorn as Namkeen under CTH 21069099 and caramel popcorn as sugar confectionery under CTH 1704, yet HSN Explanatory Notes and the First Schedule classification principles indicate that cereal preparations obtained by swelling or roasting that retain their essential cereal character-even when seasoned or lightly sugar-coated-remain within heading 1904, excluding only products where sugar is present in proportions that give the product the character of sugar confectionery. (AI Summary)
Date 30 Dec 2024
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FSSAI certification ensures regulatory compliance and business continuity; timely downloads prevent operational disruption and reputational risk.
Timely acquisition and download of the FSSAI certificate is a regulatory obligation and the statutory attestation that a food business meets prescribed safety standards. The certificate-basic registration, state licence or central licence-must be obtained, renewed and retained to avoid non compliance risk. Prompt downloads preserve supply chain access and consumer confidence, prevent administrative sanctions for delayed registration or renewal, and facilitate renewals, updates and broader market participation. (AI Summary)
Author
Date 30 Dec 2024
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Assessee commitment to file returns can overturn GST registration cancellation, subject to filing returns and paying dues.
The Calcutta High Court set aside cancellation of GST registration imposed solely for non-filing of returns, subject to the assessee filing returns for the default period and paying the tax, interest, fine and penalty, if any, noting that suspension/revocation prevents invoicing and impedes tax recovery and applying the cancellation and suspension framework under Section 29(2). (AI Summary)
Author
Date 30 Dec 2024
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Retrospective ITC amendment reverses prior judicial interpretation, enabling retrospective blocking of input tax credit and new tracking rules.
The 55th GST Council proposed measures to strengthen compliance and procedural mechanisms, including statutory authorisation for a track and trace system for specified goods, a legal framework for Invoice Management Systems, and inclusion of inter state RCM transactions within ISD from 01.04.2025. It recommended a retrospective amendment to section 17(5)-replacing 'plant or machinery' with 'plant and machinery'-to nullify the effect of the Safari decision from 1 July 2017, and approved uniform 18% GST on supplies of used vehicles under the margin scheme, changes to hotel/restaurant rate linkage, voucher tax clarifications, targeted exemptions, and expedited registration procedures. (AI Summary)
Date 30 Dec 2024
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Voluntary cancellation revocation of GST registration requires reasoned communication and opportunity to be heard before retrospective cancellation.
Whether voluntary cancellation of GST registration may be revoked and thereafter cancelled ab initio depends on adherence to procedural safeguards. In the reported factual matrix, the Department revoked an accepted voluntary cancellation without communicating reasons or providing a hearing, issued a show cause notice alleging fraud, and imposed retrospective cancellation. The administrative acts were found procedurally flawed for omission of reasons, non-application of mind, lack of notice and hearing, and retrospective effect. The remedial course authorised was to set aside the flawed orders, restore the position as at acceptance of voluntary cancellation, and permit re-initiation of proceedings by a reasoned show cause process, with restraint on use of input tax credit pending lawful action. (AI Summary)
Date 28 Dec 2024
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Bonafide purchaser status must be proved when buying from tax defaulters or attachment protections may be contested.
Bonafide purchaser status must be proved when property is bought from an assessee with GST arrears and an attachment under Section 81 is challenged. Reliance on an encumbrance certificate alone is insufficient; the purchaser must establish good faith and adequate consideration. Indicators such as an unusually low sale price may create doubt and require a competent court to adjudicate the purchaser's intent. Authorities were directed to refrain from selling attached property while the purchaser files a declaration suit to prove bona fides, but the attachment itself was not stayed and authorities may proceed if no suit is instituted within the specified period. (AI Summary)
Author
Date 28 Dec 2024
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Provisional attachment under GST suspends account access but lapses after one year unless properly renewed.
Provisional attachments under GST protect revenue but lapse automatically after one year unless validly renewed; releases must be communicated via Form GST DRC-22. Taxpayers can file objections and seek account release (including through Form GST DRC-22A) to challenge misuse, and should engage with authorities, monitor renewal actions, and preserve judicial remedies where delays, lack of communication, or absence of hearings frustrate statutory safeguards. (AI Summary)
Author
Date 28 Dec 2024
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Challan 280: taxpayers use it to pay various income taxes, select payment type, and receive CIN as receipt.
Challan 280 is the prescribed form for depositing various direct taxes where taxpayers must select the correct challan and payment type, enter PAN and assessment year, allocate amounts to defined heads (income tax, interest, penalty, others), and effect payment by net banking or authorised-bank OTC. A bank-generated receipt with a Challan Identification Number (CIN), BSR code, deposit date and challan serial number serves as proof and must be retained; separate challans are required for distinct payment types and quoting PAN is mandatory. (AI Summary)
Author
Date 28 Dec 2024
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Annual RODTEP Return compliance increases reporting obligations and exposes exporters to late fees, scrip freezing and eligibility risks.
DGFT mandates an Annual RODTEP Return for exporters exceeding the scheme threshold, filed per exported product on the DGFT portal by the next financial year deadline, subject to tiered late fees. Non filing can result in freezing of unused scrips or ineligibility for future scrips, while filings must disclose detailed taxes and levies borne (inputs, transport, fuel, GST from unregistered suppliers, stamp and electricity duty) and compare actual tax savings with RODTEP benefits. (AI Summary)
Date 27 Dec 2024
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Authorised representative eligibility and disqualification rules govern who may appear in GST proceedings before tax authorities.
The authorised representative under the CGST Act may appear on behalf of a person before GST officers, appellate authorities and the appellate tribunal except where personal oath examination is required; permitted representatives include relatives, regular employees, advocates, chartered accountants, cost accountants, company secretaries, prescribed qualified persons and GST practitioners; retired commercial tax gazetted officers may act after a one year post retirement bar; disqualifications include dismissal from government service, specified convictions, misconduct findings and insolvency, with disqualification orders subject to natural justice. (AI Summary)
Date 27 Dec 2024
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Goods and Services Tax streamlines indirect taxation but imposes compliance and cash-flow burdens on SMEs.
The Goods and Services Tax creates a unified indirect tax framework that simplifies multiple prior levies, removes cascading tax effects, and expands inter state market access for small and medium enterprises. Recovery through input tax credit reduces overall tax burden where credits are available and incentivizes formalization and recordkeeping. However, frequent electronic return filing, digital record maintenance, evolving regulatory requirements, and timing delays in realizing input tax credits increase compliance costs and can strain SME cash flow, while the technology driven compliance model compels digital adoption with attendant transitional challenges. (AI Summary)
Author
Date 27 Dec 2024
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Scope of referral court's inquiry limited to prima facie existence of an arbitration agreement; tribunal decides factual disputes.
The inquiry by a referral court is confined to a prima facie determination of the existence and validity of an arbitration agreement and must not conduct a detailed examination of factual disputes; substantive issues such as alleged overcharging, audit findings, and claims of fraud are matters for the Arbitral Tribunal to decide, including as preliminary issues, while the court's gatekeeping role remains narrow and procedural. (AI Summary)
Date 27 Dec 2024
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Transfer pricing focus on intangibles and digital transactions demands robust documentation and advanced pricing certainty.
India's transfer pricing framework centers on the arm's length principle, with heightened focus on intangibles, intra-group services, royalties and digital transactions. Tools like Safe Harbor Rules and APAs provide pricing certainty, while evolving benchmarking (including profit-split and multi-year data) and judicial emphasis on contemporaneous documentation and FAR analyses shape dispute outcomes. Increased scrutiny of digital business models and compliance burdens-Master Files, Local Files, and CbCR-raise double taxation risks absent MAPs; best practices include proactive APAs, robust documentation, and early authority engagement. (AI Summary)
Author
Date 27 Dec 2024