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Extension of due date by payment of statutory interest can validate belated EPF deposits for deduction purposes.
Whether payment or levy of mandatory statutory interest on delayed provident fund contributions extends the due date for claiming the deduction for employee contributions is considered. The article argues that because PF law mandates interest for delay and the income tax definition of due date covers obligations arising under any law or "otherwise," payment or charging of interest operates to condone delay and effectively extends the due date, permitting belated deposits to qualify for deduction when interest is paid or chargeable. (AI Summary)
Date 26 Dec 2024
Replies 1 Reply
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GST rate changes and compliance reforms reshaping service treatment, reverse charge scope, and procedural tax mechanisms.
The Council recommended substantive GST reforms: forward charge for sponsorship services; exemption for insurer contributions to a motor accident fund; hotel/restaurant tax restructured by linking declared tariff to actual accommodation values with an elective higher-rate option and effect from 01.04.2025; exclusion of composition taxpayers from a recent reverse charge entry with retrospective regularization; multiple goods rate and exemption changes including fortified rice kernel, gene therapy and LRSAM components; and procedural measures spanning Track & Trace powers, voucher taxability clarifications, ITC reception on ex-works deliveries, ISD inclusion of inter-state RCM, reduced pre-deposit for penalty-only appeals, and Invoice Management System amendments. (AI Summary)
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Date 26 Dec 2024
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GST exemptions and procedural reforms expand rate, ITC and compliance changes, include ISD, IMS and E-way upgrades.
The GST Council recommended exemptions and rate/ITC adjustments, proposed legislative amendment to section 17(5) to negate the Safari decision's impact, extended late-fee waivers for specified returns, and advanced compliance measures including track-and-trace, expansion of ISD to cover inter state RCM transactions, a legal framework for Invoice Management Systems, and a temporary identification number regime; administrative actions include delegated adjudication of DGGI notices and GSTN upgrades to E-Way Bill and E-Invoice systems with MFA and FOIS integration requirements. (AI Summary)
Date 26 Dec 2024
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Defeasance clause in gift deeds requires proof of agreed services, demand and refusal before revival of title.
A 1953 gift delivered with immediate possession was claimed to be conditional on lifelong services to the donor and heirs; the Court held that a defeasance clause alone is insufficient to revive title. The plaintiff must prove the precise nature of agreed services, that a demand was communicated, and that the donees refused performance. Immediate acceptance and long peaceful possession weigh against resumption, and perpetual service conditions on successors are impermissible. (AI Summary)
Date 26 Dec 2024
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GST Rate List guides small businesses on tax classification and input tax credit affecting pricing and compliance.
GST Rate List classifies supplies into tax slabs and determines applicable charges, affecting pricing, tax liabilities, and entitlement to Input Tax Credit. Small businesses must identify sector-specific rates-such as those for food, manufacturing, services, and e-commerce-to set prices, estimate output tax, and substantiate ITC claims. Regular monitoring of periodic revisions to the rate list is necessary to maintain compliance and adjust tax planning. (AI Summary)
Author
Date 26 Dec 2024
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Public international law in arbitration demands balancing investor protections with state regulatory duties and transparency.
Public international law brings public-interest concerns-environmental protection, human rights, and sustainable development-into arbitration, forcing tribunals to balance investor protections against state regulatory duties. This evolution creates tensions between party autonomy and mandatory public-policy norms, raises legitimacy issues from procedural opacity, and demands reforms: enhanced transparency and public participation, stronger arbitrator expertise in PIL, and institutional rules requiring assessment of awards against transnational public-policy objectives. (AI Summary)
Author
Date 24 Dec 2024
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Insurance exclusion clause: insurer cannot deny cover where leaving vehicle was compelled by urgent medical necessity and not causally linked to loss.
Whether an insurer may deny liability under Condition No. 4 for damage occurring after an insured left a vehicle unattended to provide urgent medical assistance; concurrent factual findings that the delay and leaving the vehicle were justified, that the surveyor's attribution of subsequent short circuiting lacked evidence, and that exclusionary clauses must be interpreted with regard to proximate causation led to rejection of the exclusion as a bar to cover. (AI Summary)
Date 24 Dec 2024
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Limitation period under Section 73 found expired; retrospective notification inapplicable, resulting in orders being quashed as time barred.
The court held that the three year limitation under Section 73 expired before the retrospective notification came into effect, so the notification could not extend the time for passing assessment or recovery orders for the impugned period; accordingly, the departmental orders were beyond the prescribed time limit and were quashed. (AI Summary)
Author
Date 24 Dec 2024
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Late filing consequences under GST cause penalties, interest and potential suspension of registration and loss of input tax credit.
Missing GST return due dates triggers late filing penalties and interest on outstanding tax, may cause suspension of registration and loss of input tax credit, and can expose taxpayers to audits, notices and criminal proceedings. To limit exposure, taxpayers should promptly file pending returns, pay dues, consult GST professionals, and implement compliance tools and automated reminders to avoid future defaults. (AI Summary)
Author
Date 24 Dec 2024
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Corporate Debt Market Development Fund provides a backstop liquidity facility for mutual fund corporate debt during market dislocation.
The Corporate Debt Market Development Fund is a Category I AIF established as a closed ended trust to provide a backstop liquidity facility for specified debt oriented mutual fund schemes during market dislocation. It will purchase eligible listed, investment grade corporate debt securities meeting residual maturity and credit criteria, acquire securities in proportion to mutual fund contributions, hold to maturity or sell upon market recovery, observe investment limits and borrowing caps, maintain manager/sponsor continuing interest, follow mutual fund valuation norms, and meet governance, disclosure and SEBI approval requirements. (AI Summary)
Date 23 Dec 2024
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Trademark search reduces infringement risk and secures brand identity before registration, aiding global market differentiation.
A trademark search identifies existing and similar marks to avoid infringement and reduce dispute risk, increasing the likelihood of successful registration. Comprehensive searches-covering visual, phonetic, and conceptual similarities-help preserve distinctiveness, minimize litigation and rebranding costs, and support market differentiation. Using official domestic and international registries and consulting a trademark specialist improves search scope and provides legal guidance for domestic and cross-border brand protection. (AI Summary)
Author
Date 23 Dec 2024
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Advance ruling admissibility requires questions be pending at filing; subsequent notices do not bar decision on merits.
The proviso to Section 98(2) CGST Act bars admission only where the question was already pending or decided as of the application filing date; subsequent issuance of pre-show cause notices does not prevent the authority from admitting and deciding the advance ruling application on merits. The authority must pronounce the advance ruling within the prescribed period and, where admitted, dispose of the application notwithstanding later-initiated proceedings. Advance rulings bind both the applicant and the concerned officer. (AI Summary)
Author
Date 23 Dec 2024
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Condonation of delay in filing Form 10 IC: delegated discretion may cause taxpayer harassment and needs urgent clarification.
Circular No. 17/2024 delegates power to specified tax authorities to admit and decide condonation applications for delay in filing Form No. 10 IC and Form No. 10 ID, subject to conditions that the return was filed by the due date, the option was exercised in the ITR, and the assessee was prevented by reasonable cause showing genuine hardship; it limits entertainable applications to those filed within three years from the end of the assessment year, covers pending applications as of the Circular date, and prescribes disposal timelines, but contains ambiguities about new filings and scope that risk inconsistent discretion and litigation. (AI Summary)
Date 21 Dec 2024
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Proper officer powers: entitlement to issue summons under s70 affirmed where board assigns proper officer functions
The article clarifies that an adjudicating authority is any authority empowered to pass orders under the CGST Act (excluding specified appellate and ruling bodies), and that adjudication proceeds from a Show Cause Notice which embodies natural justice. It explains that the Central Board can assign functions of a proper officer to officers by notification or circular, and that such assigned officers may exercise powers like issuing summons in inquiries without separate delegation by the Commissioner. (AI Summary)
Date 21 Dec 2024
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FSSAI certificate: downloadable proof of regulatory compliance enabling trust, inspections ease, and market access for small food businesses.
The FSSAI certificate evidences compliance with food safety standards; downloading it provides immediate verification for inspections, simplifies renewals and updates via the FoSCoS portal, and creates a shareable document for online sales and commercial partnerships. A downloaded certificate enhances customer trust when displayed, offers convenient digital access in place of physical records, and functions as a legal safeguard by demonstrating compliance in inspections or disputes. (AI Summary)
Author
Date 21 Dec 2024
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Definition of document expands to include electronic records, shaping public document classification and access to certified copies.
The statute defines document broadly to include writings, printed material, maps, inscriptions, caricatures and electronic records. It classifies documents as public (records of sovereign authorities, official bodies, public officers and specified public records) or private, provides examples of public documents, and prescribes that custodial public officers must supply dated, subscribed and sealed certified copies on payment, which serve as proof of the contents; it further sets out modes to prove governmental, legislative and foreign public records. (AI Summary)
Date 21 Dec 2024
Replies 1 Reply
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Section 74 fraud proceedings may be initiated despite earlier Section 73 notices being dropped, enabling fresh investigations.
Issuance of a show cause notice under ordinary assessment provisions and subsequent discontinuance of those proceedings does not preclude the revenue from initiating separate proceedings for alleged deliberate evasion; where fraud related provisions are invoked the notice must specifically articulate the incriminating allegations and manner of concealment to enable a meaningful response. (AI Summary)
Author
Date 21 Dec 2024
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Code sharing taxation: DTAA interpretation of chartering and nexus determines tax treatment of shared flight revenues.
The material examines whether revenues from airline code sharing qualify as profits from the operation of aircraft in international traffic under Article 8 of the India-US DTAA, treating code sharing as a form of chartering that can include partial or block space arrangements and emphasizing the necessary functional and economic nexus between such revenues and the carrier's core aviation business. (AI Summary)
Author
Date 20 Dec 2024
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Access to business premises: written authorization enables inspection while assistance and attachment powers remain legally distinct.
Access to business premises under GST permits a duly authorized proper officer to enter a taxable person's premises only pursuant to written authorization, with subordinate inspections, searches or seizures effected through a prescribed form; specified public officers must assist proper officers when requisitioned, and attachment or other enforcement powers remain distinct and subject to their own statutory conditions rather than being incidental to access operations. (AI Summary)
Date 20 Dec 2024
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Spice+ registration compliance: ensure accurate company details, correct activity classification and valid digital signatures to avoid rejection.
Spice+ consolidates DIN, CIN and GST registrations into one application but mandates precise compliance: select an MCA-compliant available name; provide accurate, verifiable information; classify business activities correctly; submit all required supporting documents in acceptable formats; verify authorised signatory details and authority; state correct authorised and paid-up capital; and apply valid digital signature certificates for applicants and directors to avoid rejection or delays. (AI Summary)
Author
Date 20 Dec 2024