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GST refund interest runs from the original application when an illegal refusal is later set aside.
Interest on delayed GST refunds is computed from the original refund application where that application was validly filed and the Department's refusal or non-processing was later held illegal. A fresh application filed after a court order does not, by itself, reset the statutory clock for interest under Section 56 of the CGST Act when it is only a procedural step taken to give effect to the earlier judicial direction. The compensatory character of refund interest requires that the taxpayer be placed in the position that should have followed had the original refund claim been processed in accordance with law. (AI Summary)
Author
Date 10 Jul 2026
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Binding advance ruling under GST limits contrary show cause notices unless law, facts, or circumstances change.
Advance rulings under the GST framework bind the applicant and the concerned officer unless the underlying law, facts, or circumstances change. The article examines whether the Department may issue a show cause notice contrary to a binding advance ruling that has attained finality and has not been challenged or declared void. It notes a decided case in which a notice on the same issue was treated as lacking foundation because the advance ruling remained operative and binding between the parties. (AI Summary)
Date 10 Jul 2026
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Incriminating material governs additions in completed assessments under section 153A; finalized assessments cannot be disturbed otherwise.
In unabated or completed assessments, additions under section 153A are confined to incriminating material found during search. Where an assessment has attained finality and no search material supports the proposed addition, the concluded assessment cannot be disturbed and must be reiterated. The principle applies to issues such as bogus purchases, job work, subcontract work, labour expenses, unsecured loans, and interest disallowance only when relevant incriminating material exists. (AI Summary)
Author
Date 10 Jul 2026
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GST limitation and natural justice govern show cause notices, adjudication timelines, and personal hearing requirements in live disputes.
Show cause notices and orders in original under GST must satisfy statutory limitation periods, and an extension of the annual return due date does not extend the final date for issuing the notice. The article also states that the order in original must follow a minimum three-month gap after the show cause notice so that the taxpayer can reply and obtain personal hearing, and that hurried orders or orders without hearing offend natural justice. Pending cases are advised to be rechecked for limitation and procedural compliance. (AI Summary)
Date 10 Jul 2026
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Extended Producer Responsibility drives beverage packaging accountability, urging bottle collection, recycling systems, and transparent plastic recovery practices.
Plastic pollution from beverage packaging in India raises a growing environmental and corporate accountability problem, with bottles, caps, labels and wrappers entering landfills, drains and waterways. The article emphasizes Extended Producer Responsibility, under which beverage manufacturers should remain responsible for the collection and environmentally sound recycling or disposal of packaging placed on the market. It advocates deposit return systems, better collection centres, improved packaging design for recyclability, stronger public-private partnerships and transparent reporting on plastic introduced, collected and recycled. (AI Summary)
Author
Date 10 Jul 2026
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Single-use plastics crisis demands stronger enforcement, producer accountability, and circular economy measures beyond waste rules alone.
Single-use plastics in India are presented as an environmental and regulatory challenge that Plastic Waste Management Rules alone cannot solve. The article attributes continuing plastic pollution to weak enforcement, inadequate waste collection, poor recycling infrastructure, consumer preference for convenience, sachet-based FMCG marketing, multilayer packaging, and corporate greenwashing. It calls for stronger regulation, producer accountability, consumer awareness, packaging reform, and circular economy-based waste management. (AI Summary)
Author
Date 10 Jul 2026
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Reasoned GST orders are mandatory when taxpayer replies are ignored and natural justice is breached.
Non-speaking GST assessment orders that fail to consider the taxpayer's reply or supporting documents violate the principles of natural justice and are procedurally unsustainable. A reasoned or speaking order is essential in quasi-judicial adjudication because it shows application of mind, explains the acceptance or rejection of submissions, and enables appellate review. Even where an alternative statutory appeal is available, writ jurisdiction under Article 226 may be invoked when the decision-making process is fundamentally flawed by breach of natural justice. (AI Summary)
Author
Date 10 Jul 2026
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Statutory right of appeal under GST must not be defeated by premature coercive recovery before the limitation period expires.
Coercive recovery under GST cannot defeat the statutory right of appeal before the GST Appellate Tribunal while the prescribed limitation period remains open. Section 112 of the CGST Act, read with the applicable Government Notification extending the filing period, preserves time to prefer an appeal, and recovery action taken before expiry of that period risks rendering the appellate remedy illusory. The appellate framework also contemplates a structured balance through the pre-deposit mechanism. (AI Summary)
Author
Date 10 Jul 2026
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Caffeinated beverage regulation gains focus as food safety authorities propose caffeine limits, warning labels, and claim restrictions.
Food Safety and Standards Authority of India proposed a dedicated regulatory framework for energy drinks and other caffeinated beverages in response to rising consumption, high caffeine concentration, and associated health concerns. The proposed approach addresses composition, labeling, and safety parameters through standards based on scientific evidence, including maximum and minimum caffeine limits, defined levels for other functional ingredients, clear disclosure of caffeine content, warning labels for vulnerable groups, and restrictions on misleading claims about energy enhancement or health benefits. (AI Summary)
Author
Date 10 Jul 2026
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Subcontractor tax liability turns on the actual taxable service rendered, not the main contractor's payment or contract label.
Management, maintenance or repair services supplied by a subcontractor for consideration are independently taxable by reference to the actual work performed, and the commercial description used in the work order or contract is not conclusive. Where the subcontractor undertakes activities such as maintenance of equipment, cabling, leased-line support and related repair functions, taxability is determined by the substance of the service and the consideration received, not by the fact that the main contractor has a larger customer-facing contract or has paid tax on the overall transaction. Penalty waiver does not by itself negate tax liability or prevent invocation of the extended period where taxable receipts were not disclosed and came to light through departmental audit. Revenue neutrality must be supported by clear evidence showing how tax paid by another person corresponds to the subcontractor's own taxable value; a general assertion that tax was already paid by the main contractor is insufficient. (AI Summary)
Author
Date 09 Jul 2026
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GST appeal limitation: extended filing deadlines may still leave Tribunal power to condone delay for sufficient cause.
Section 112(1) permits appeals to the Appellate Tribunal to be filed within three months from communication of the order or within such later date as may be notified by the Government. The article argues that a notification extending the deadline to 31 July 2026 for legacy appeals operates within this framework and does not extinguish the Tribunal's separate power under Section 112(6) to condone delay for sufficient cause. On that view, the notified date becomes the relevant expiry date for Section 112(6), and delay may still be condoned for up to three months thereafter. (AI Summary)
Author
Date 09 Jul 2026
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Section 74 invocation under GST requires opportunity to prove genuine supply before fraud-based penalty is sustained.
Invocation of Section 74 of the CGST Act requires a proper opportunity to the assessee to place material on record where the assessee disputes the demand and asserts genuine supply of goods. A mere reversal of input tax credit does not by itself establish fraud, wilful misstatement or suppression of facts, and the possibility that Section 74 was incorrectly invoked cannot be ruled out unless documentary evidence is allowed to be produced. (AI Summary)
Author
Date 09 Jul 2026
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Burden of proof in smuggling allegations requires revenue to prove illicit import of exotic birds and mammals.
Smuggling allegations concerning exotic birds and mammals required the revenue to prove, with tangible and corroborative evidence, that the goods were of foreign origin and procured through illicit means. As the goods were not notified under section 123 of the Customs Act, the burden did not shift automatically to the person from whom they were seized; the department had to establish smuggling before invoking confiscation and penalty provisions. In the absence of sufficient evidence of illegal importation, confiscation of the goods, the vehicle allegedly used for transport, and personal penalties could not be sustained. (AI Summary)
Author
Date 09 Jul 2026
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Section 74 limitation requires year-wise GST notices, and composite notices cannot stretch time-barred periods across multiple financial years.
A consolidated show cause notice under Section 74 of the CGST Act that clubs multiple financial years is impermissible where the statute ties limitation and adjudication to the relevant financial year. The year-wise structure in Section 74 requires notice and order to be anchored to the specific period to which the alleged tax non-payment, short payment, erroneous refund, or wrongful input tax credit relates, and limitation cannot be enlarged by drafting a composite notice that pulls earlier years into a later period. (AI Summary)
Author
Date 09 Jul 2026
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Registered office compliance under Form INC-22 demands proper documents, due diligence, and timely filing of address changes.
Form INC-22 is used to verify the registered office of a company on incorporation and to intimate changes in its situation, supported by prescribed documents such as title proof, lease or rent agreement, authorisation from the owner or occupant, and utility evidence. The form must be digitally signed, certified by a practising professional, and may be rejected for technical or document mismatches. Non-compliance with registered office requirements can attract daily penalty and, in appropriate cases, further regulatory action. (AI Summary)
Date 09 Jul 2026
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GST reform and digital administration continue to reshape indirect taxation through online compliance, appellate changes, and evolving credit disputes.
Goods and Services Tax has completed nine years in India as an evolving indirect tax regime marked by tax integration, online compliance, reduced cascading, and higher revenue mobilisation. The report notes the transition from foundation to digital transformation and intelligent administration, including e-way bills, e-invoicing, Aadhaar authentication, QRMP, AI analytics, and the functional commencement of GST Appellate Tribunal. It also highlights continuing issues such as interpretational disputes, fake invoices, ITC mismatches, excessive compliance, multiple slabs, and the need for smoother administration, faster adjudication, and stronger centre-state coordination. (AI Summary)
Date 09 Jul 2026
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GST refund withholding requires a pending appeal and recorded statutory reasons; a proposed appeal cannot freeze the refund process.
GST refund withholding under Section 54(11) is limited to cases where the refund order is already under appeal or other pending proceeding, and where a reasoned opinion shows likely revenue prejudice due to malfeasance or fraud. A proposed appeal is not a pending appeal, and the mere availability of appeal time does not justify withholding a refund. An unstayed appellate order directing refund must be given effect in accordance with the Act, the Rules and the prescribed refund procedure. (AI Summary)
Author
Date 09 Jul 2026
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Food packaging safety advisory bars metallic pins and wires, urging safer non-metallic alternatives to prevent physical contamination.
Immediate discontinuation of metallic pins, staple pins, wires and similar fastening materials in food products and packaging is directed to all Food Business Operators to prevent physical contamination and related consumer injury. The advisory covers their use in cake boxes, sweet boxes, snack packets, takeaway parcels and other food packaging applications, and calls for safer non-metallic alternatives such as food-grade adhesive tapes, heat sealing, tamper-evident seals, food-safe stickers and self-locking cartons. Non-compliance may attract penal consequences under the applicable food safety framework. (AI Summary)
Author
Date 09 Jul 2026
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Perpetual food licence validity and risk-based inspections reshape compliance under the amended food licensing framework.
Perpetual validity of food business licences and registrations replaces periodic renewal, while annual regulatory fees remain payable and may be paid in advance for any number of years. Revised turnover thresholds reclassify food businesses for registration, State licence, and Central licence purposes, with automatic migration through the FoSCoS portal, no modification fee, and fee adjustment on category change. Street vendors already registered under the Street Vendors Act receive deemed FSSAI registration, and inspections move to a computer-assisted risk-based framework. (AI Summary)
Author
Date 09 Jul 2026
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Garment export competitiveness in India depends on integrated textiles, logistics reform, sustainability, and stronger global sourcing advantage.
India's garment export sector is driven by a complete textile value chain, cotton leadership, a skilled workforce, and rising global demand for diversified sourcing away from China. The industry faces high logistics costs, fragmented manufacturing, low labour productivity, compliance burdens, and limited penetration in man-made fibre garments. Government support, free trade arrangements, sustainable fashion, digital exports, and technical textiles are identified as the main levers for improving export competitiveness and strengthening India's position in global apparel trade. (AI Summary)
Author
Date 09 Jul 2026