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GST administrative powers expanded to allow delegated officers to decide on DGGI notices, affecting national compliance procedures.
CBIC delegated authority to Additional and Joint Commissioners to pass orders on notices issued by DGGI officers nationwide from 1 December 2024, with specified Principal Commissioners and Commissioners named; the Ministry of Finance notified state wise jurisdictions for GSTAT benches effective 26 November 2024. GSTN issued advisories on TDS reporting by scrap dealers, authorised e invoice verification apps, an e invoicing glossary, and procedural steps for e invoice enablement, reporting and verification to resolve return filing and system issues. A GoM will propose rate rationalisation and GST on insurance premiums for Council consideration and recent GST collections showed year on year growth with lower refunds. (AI Summary)
Date 05 Dec 2024
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Preparation of vegetable oil classification: product treated as an edible vegetable oil preparation, attracting reduced GST rate.
The Appellate Authority found the product to be an edible preparation whose character derives from vegetable fat (23%) with negligible milk solids, concluding it is a preparation of vegetable oil and therefore classifiable under 1517 90 90, attracting a reduced GST rate of 5%. (AI Summary)
Author
Date 05 Dec 2024
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Classification challenge: departmental misclassification vitiates subsequent proceedings unless a fresh show cause notice is issued.
If a departmental tariff classification that underpins adjudicatory proceedings is not sustained, consequential demands and orders premised on that classification are vitiated; adjudication must be confined to the case framed in the show cause notice and, if the revenue seeks to adopt a different tariff heading, it must issue a fresh show cause notice to the assessee before proceeding on the new classification. (AI Summary)
Date 04 Dec 2024
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State power to regulate industrial alcohol now covers production, manufacture, sale and taxation under the state-list entry.
The Court held that Entry 8 of the State List covers intoxicating liquor broadly to include industrial alcohol, so states have power to regulate production, manufacture, supply, pricing and taxation of alcohol used industrially; this entry is both industry- and product-based, extends to raw materials like rectified spirit and denatured spirit but excludes final products merely containing alcohol. (AI Summary)
Date 04 Dec 2024
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Company incorporation simplification accelerates startup registration through integrated electronic filings and digital signatures, reducing administrative burden and compliance delays.
Spice MCA consolidates multiple statutory filings into one electronic form to incorporate companies and obtain director identification, supports e-MOA and e-AOA submissions, integrates Digital Signature Certificate authentication, and uses pre-filled fields and a single-window approval process to reduce documentation, time, and administrative costs while enhancing compliance and enabling fully online registration. (AI Summary)
Author
Date 04 Dec 2024
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Transitional credit appeal rights unavailable on GST portal impede remedy, prompting judicial notice and administrative response.
Rejection of Form GST TRAN-1 for entering Central Excise Duty credit in the wrong column, combined with the absence of a portal option to file an appeal and non-acceptance of manual appeals, left the petitioner without an effective remedy; the High Court issued notice to the revenue administration and relied on precedent addressing lack of portal appeal mechanisms while noting no submission disputing availability of the claimed credit. (AI Summary)
Author
Date 04 Dec 2024
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Monitoring committee constitution to supervise resolution plan implementation, with CoC-defined composition and quarterly reporting obligations.
The resolution plan must provide for constitution of a Monitoring Committee-specifying its tenure, composition and functions-to monitor implementation, distribution of proceeds, transfer of assets and statutory compliance; the committee, chaired by the resolution professional or another insolvency professional and comprising CoC nominees and equal nominees of the successful resolution applicant, shall submit quarterly reports to the Adjudicating Authority and the Board and may seek directions where implementation deviates from the plan. The successful resolution applicant bears committee expenses and the chairperson's monthly fee is capped by the fee received during CIRP. (AI Summary)
Date 03 Dec 2024
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Continuation of recovery proceedings: enhanced tax demand requires fresh notice and recovery resumes from prior stage after appeal.
Section 84 validates continuation of recovery proceedings when GST dues are under appeal or revision: enhanced dues require a fresh notice of demand limited to the enhanced amount and an order (Form GST DRC-25), with recovery continuing from the prior stage; reduced dues require no fresh notice but the Commissioner must intimate the reduction to the taxable person and recovery authorities, record it in Form GST DRC-25, and continue recovery in respect of the reduced amount from the stage before disposal. (AI Summary)
Date 03 Dec 2024
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Annual General Meeting compliance: ensure timely meetings, notices, accurate RoC filings, records and auditor appointments for OPCs.
The article identifies recurrent compliance failures in conducting the Annual General Meeting (AGM) for One Person Companies (OPC) and explains key operative requirements: hold the AGM within the statutory period, issue formal notice in the prescribed timeframe, maintain minutes and records, approve and accurately file financial statements with the Registrar of Companies, file AGM resolutions with the RoC, and observe that certain matters require a special resolution. It also stresses auditor appointment obligations and common filing errors to avoid. (AI Summary)
Author
Date 03 Dec 2024
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Oral witness statements alone cannot sustain tax demands; corroborative evidence and cross examination are required in tax proceedings.
The tribunal held that a tax demand based solely on oral statements of witnesses and service recipients, without corroborative evidence and without conducting required examination in chief and cross examination, is unsustainable; admissions by third parties are not conclusive, the burden of proof lies on the revenue, and where tax was paid before issuance of the show cause notice penalty was not payable. (AI Summary)
Author
Date 03 Dec 2024
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Input Tax Credit utilisation: pre-deposit for GST appeals may be applied from the electronic credit ledger, subject to limits.
Whether the pre-deposit under Section 107(6) constitutes payment towards output tax such that amounts in the Electronic Credit Ledger may be applied to discharge that liability. Rule 86(2) and the Circular dated 06.07.2022 are relied on to show permissive utilisation of input tax credit for liabilities arising from proceedings, while a specific prohibition remains for tax payable on a reverse-charge basis. The statutory appeal form APL-01 is noted to provide a mechanism for payment via the Electronic Credit Ledger. (AI Summary)
Date 02 Dec 2024
Replies 1 Reply
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Place of Business definition clarifies GST registration, inspection scope and statutory account maintenance obligations.
Section 71 access to premises is framed against inclusive definitions: business covers trade, manufacture, professions and incidental transactions without requiring profit motive; place of business includes any site from which business is ordinarily carried on, storage locations, book-keeping sites and agent-operated premises; principal place of business is the place specified in the registration certificate. Section 35 mandates maintenance of statutory accounts at the principal place and requires place-specific record retention when multiple places are registered. (AI Summary)
Date 02 Dec 2024
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Internal auditing modernization: technology, continuous monitoring, cybersecurity focus, and expanded ESG and regulatory assurance responsibilities.
Internal Auditing is reframed as a strategic, technology-driven function that extends beyond compliance to oversee operations, financial reporting, and regulatory alignment. Adoption of AI, machine learning, RPA, and data analytics enhances risk identification and real-time control monitoring while cybersecurity, continuous auditing, and ESG assurance become central audit domains. Auditors must develop analytics, IT, and regulatory skills and collaborate with risk and compliance functions, with practical implementation beginning through defined audit scopes and resource alignment. (AI Summary)
Author
Date 02 Dec 2024
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GST refund of IGST on ocean freight: refund claims maintainable where reverse charge notification struck down and filed within reasonable time.
Where a notification enabling IGST on ocean freight is finally struck down as invalid, refund claims for IGST collected under that notification must be treated as claims arising from an unconstitutional levy. Under the Mafatlal categories, such claims may be pursued after final invalidation and an application filed within a reasonable time thereafter cannot be rejected as time barred; authorities may not insist on retrospective levy or deny restitution by invoking ordinary statutory limitation rules. (AI Summary)
Author
Date 30 Nov 2024
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FoSCoS online compliance platform modernizes FSSAI licensing, improving transparency and streamlining obligations for food business operators.
FoSCoS establishes an online framework replacing the manual licensing process for Food Business Operators under FSSAI by centralizing application, renewal and modification of licences, integrating with GST and PAN databases for data accuracy, and enabling real time application tracking; these features digitise regulatory processes, reduce administrative friction, create persistent compliance records, and increase transparency and accountability between businesses and regulators. (AI Summary)
Author
Date 30 Nov 2024
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Date of initiation determines time bar for penalty orders; commencement occurs on the first substantive step such as AO's reference.
The meaning of "date of initiation" under Section 275(1)(c) is the commencement or first introductory step of penalty proceedings; a reference by the Assessing Officer to initiate penalty proceedings constitutes that initiation, while the subsequent show cause notice and order are procedural steps providing opportunity and finalizing the process. (AI Summary)
Author
Date 30 Nov 2024
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Input tax credit controls: Electronic Credit Ledger governs accumulation, utilisation priority, and refund re credit procedures under GST law.
The Electronic Credit Ledger (ECL) records self-assessed input tax credit by major tax heads (IGST, CGST, SGST, CESS) and is credited only through return filing. Access is restricted to the taxpayer, the jurisdictional officer, and authorised GST practitioners; the ECL is view-only, downloadable, and shows provisional/mismatch credits. Utilisation follows a prescribed priority among IGST, CGST and SGST/UTGST with strict inter-head limits and CESS set-off confined to CESS liabilities. Refunds and re credits of amounts debited from the ECL are processed by specified Forms and orders, and discrepancies are reported via FORM GST PMT-04. (AI Summary)
Date 30 Nov 2024
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Simplified company incorporation streamlines registration and consolidates DIN, PAN, TAN and GSTIN processes, reducing costs and processing time for entrepreneurs.
SPICe MCA creates a unified digital mechanism for company incorporation that consolidates multiple filings into a single application, allowing entrepreneurs to obtain Director Identification Numbers and primary tax identifiers through one process, reducing procedural steps, lowering aggregate filing costs, and accelerating issuance of incorporation and tax documents to streamline post incorporation compliance. (AI Summary)
Author
Date 30 Nov 2024
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Internal audits strengthen risk management and regulatory compliance, improving operational efficiency and protecting organizational assets.
Internal audits are an independent, objective mechanism to assess an organization's risk management, internal controls, and governance, providing assurance that systems operate effectively. They identify inefficiencies, control weaknesses, and compliance gaps across financial, operational, and cybersecurity domains; recommend process improvements to enhance efficiency and asset protection; and help prioritize and mitigate risks before escalation, thereby supporting regulatory compliance and strengthening governance and accountability. (AI Summary)
Date 29 Nov 2024
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Input tax credit in GSTR-2A: failure to consider reflected credit mandates reassessment of tax demand and reconsideration.
Failure to account for input tax credit reflected in GSTR-2A undermines the assessment of tax demand and requires reopening the demand calculation. The court observed that bills of entry appearing in GSTR-2A were ignored when the impugned order was passed, set aside the order, and remitted the matter for reconsideration so that credit entitlement and tax liability can be determined on the full record. (AI Summary)
Author
Date 29 Nov 2024