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Spice+ filing errors impede incorporation; ensure accurate company type, compliant documents and valid digital signatures.
Spice+ incorporation filings require precise adherence to selection, documentation, and verification steps to avoid delays or rejections. Common errors are incorrect company type, defective name approval, inconsistent director or address data, wrong document formats, missing mandatory declarations, and expired or unregistered digital signature certificates. Filers must cross-verify identifiers, comply with MCA naming and formatting guidance, attach duly signed documents, satisfy pre-filing approvals and NOCs for the registered office, and confirm DSC validity before submission. (AI Summary)
Author
Date 29 Nov 2024
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Differential dealer margin taxable as consideration for agreeing to refrain from an act, treated as a GSTable service.
Differential dealer margin paid to induce a dealer to continue operations despite low sales is a consideration for agreeing to refrain from an act and amounts to a supply of service rather than a discount on petroleum. There is a necessary nexus between the agreement and the consideration, Section 15(3) discount provisions do not apply, and the payment is taxable under the GST classification for miscellaneous services at the applicable rate. (AI Summary)
Author
Date 29 Nov 2024
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Customs duty types define import taxation and trade remedies, including BCD, safeguard, countervailing, anti dumping and IGST.
Types of customs duties in India include Basic Customs Duty on the assessable value of imported goods determined under the Customs Valuation Rules, protective duty (Section 6, now omitted), safeguard duty as temporary WTO permitted emergency measures, countervailing duty to offset foreign subsidies, anti dumping duty to remedy injurious dumping, IGST on imports under the IGST Act, 2017, and GST Compensation Cess on specified imported articles under the Compensation to States Cess Act. (AI Summary)
Date 28 Nov 2024
Replies 2 Replies
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Taxation of online gaming winnings prompts higher withholding and regulatory scrutiny to increase revenue and deter compulsive gambling.
The provision under Section 115BBJ creates a higher, uniform tax regime on online gaming winnings to align virtual receipts with conventional taxable income, close compliance gaps, and treat speculative gains more heavily. It aims to mobilise revenue by enabling source-level tax deduction and exploiting digital transaction traceability, while using higher taxation as a tool to deter compulsive gambling and protect vulnerable participants, supported by enhanced platform reporting and technological enforcement. (AI Summary)
Date 28 Nov 2024
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Online filing date counts as the filing date for GST appeals, with provisional acknowledgment determining limitation.
Where the decision appealed against is uploaded on the common portal, the date of issue of the provisional acknowledgment generated on online filing shall be considered as the date of filing of the appeal; submission of a hard copy in such cases is a procedural requirement. If the order is not uploaded, the appellant must submit a self certified copy within the prescribed period and the date of submission of that copy shall be considered as the date of filing. (AI Summary)
Author
Date 28 Nov 2024
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Company registration documents: identity, address, registered office proof, DSC and DIN required for formal incorporation.
Registration of a private limited company in India requires directors and shareholders to provide identity proof (PAN or passport) and current address proof, the company to supply a recent utility bill plus title or tenancy documents and landlord NOC for the registered office, and submission of the Memorandum of Association and Articles of Association. Electronic filings must be digitally signed using a Digital Signature Certificate and directors must obtain Director Identification Numbers; additional declarations, affidavits, and promoter resolutions may be required depending on the circumstances. (AI Summary)
Author
Date 28 Nov 2024
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Jurisdictional preclusion under Section 6(2)(b): State GST proceedings barred where Central GST proceedings already exist.
Section 6(2)(b) of the West Bengal GST Act bars a State GST officer from initiating proceedings once a Central GST officer has already initiated proceedings on the same subject matter; where the Central authority had earlier issued a show-cause notice and the taxpayer had participated, State-issued notice and order were held not maintainable and set aside. (AI Summary)
Author
Date 28 Nov 2024
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Absorbent coating classification determines duty treatment for clear float glass amid conflicting circular and tribunal views.
Whether clear float glass is classifiable as glass "having an absorbent, reflecting or non-reflecting layer" turns on whether the microscopically thin tin layer resulting from the float manufacturing process constitutes the required coating; an administrative circular treats the tin as not an applied layer and directs classification as other float glass, while tribunal decisions have found the tin side satisfies the definition of an absorbent/reflecting layer, prompting a higher court challenge. (AI Summary)
Author
Date 27 Nov 2024
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Extension of arbitral mandate: courts may extend post expiry if sufficient cause is shown and terms are imposed.
The Supreme Court held that termination of an arbitral tribunal's mandate under Section 29A(4) is conditional on non filing of an extension application and does not bar a court from extending the mandate after expiry; Section 29A(5) empowers courts to grant such extension on showing of sufficient cause and on terms the court deems fit, with pandemic exclusion of limitation being relevant to computing the applicable period and any delay requiring condonation in light of arbitration's purpose of effective dispute resolution. (AI Summary)
Date 27 Nov 2024
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Excessive payment disallowance avoided where genuine payee identity, transaction genuineness and business expediency are established.
Excessive payment disallowance under 40A(3) is avoidable where the assessee proves business expediency, establishes the identity of the payees, and demonstrates the genuineness of the transactions; the Assessing Officer must take a pragmatic, fact-sensitive view, considering surrounding circumstances and whether payments were necessary to prevent substantial commercial harm. (AI Summary)
Author
Date 27 Nov 2024
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Input Tax Credit on demo vehicles permitted where vehicles are subsequently used for further supply.
ITC on demo motor vehicles is allowable when demo cars are used in the furtherance of business and are subsequently used for making further supply; the blocking provision for motor vehicles is an overriding limitation, so mere demonstration use does not bar ITC if subsequent supply occurs. (AI Summary)
Author
Date 27 Nov 2024
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HSN classification of slaked lime below the purity threshold determines applicable GST rate under the tariff schedule.
Slaked/hydrated lime containing less than approximately 98% calcium oxide/calcium hydroxide is excluded from headings for purified calcium compounds and is classifiable under CTH 2522 20 00. Applying explanatory notes and tribunal precedents, such lime-supported by laboratory composition reports-is placed in the quicklime/slaked lime tariff subheading, thereby attracting the GST rate specified in the rate notification for that tariff item. (AI Summary)
Author
Date 27 Nov 2024
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Single adjudicating authority centralises GST show cause notice adjudication to ensure uniform treatment across interconnected cases.
Adjudication of multiple interconnected GST show cause notices is to be centralised to a single adjudicating authority to ensure uniform decisions. Joint Commissioners of Taxpayer Services are empowered with state wide jurisdiction to adjudicate interconnected SCNs irrespective of amount; where a principal place of business with the highest demand exists in a district, the Joint Commissioner of that district will adjudicate all related notices, and connected penalty notices are to be consolidated before the same authority. (AI Summary)
Date 26 Nov 2024
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Penalty under Section 129 not imposed for technical e way bill error where no intent to evade tax.
Penalty under Section 129 of the CGST Act should not be imposed solely for a technical defect in the e way bill where requisite documents were possessed and no evidence of intent to evade tax; non filling of Part B alone does not establish tax evasion and the penalty order was set aside. (AI Summary)
Author
Date 26 Nov 2024
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Electronic Cash Ledger: portal-based pre-deposit, allocation and restricted utilisation rules for GST liabilities and transfers, including refunds.
Electronic Cash Ledger is the portal-based mechanism for pre-deposit, allocation, transfer and utilisation of GST payments. Deposits require generation of Form GST PMT-06 and are recorded in Form GST PMT-05 under the major heads IGST, CGST, SGST/UTGST and CESS with minor heads for Tax, Interest, Penalty, Fee and Others. Transfers between ledgers or to another person require Form GST PMT-09 and are barred where unpaid liabilities exist. Ledger balances are utilisable only for liabilities of the corresponding major head, remediation for missing Challan Identification Numbers follows Form GST PMT-07 or RBI e-scroll reconciliation, and inadvertent deposits may be applied to future liabilities or refunded. (AI Summary)
Date 25 Nov 2024
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CENVAT credit for telecom infrastructure affirmed where towers are temporarily fastened, enabling credit on duties paid for movable components.
The ruling holds that telecom towers and prefabricated shelters bolted to foundations solely for operational stability are movable goods, not immovable property, because the fastening permits dismantling and reassembly; consequently, duties paid on such movable infrastructure qualify for CENVAT credit. By contrast, permanently annexed structures and telecommunication towers excluded under the GST concept of plant and machinery remain ineligible for input tax credit, while removable components and OFC ducts and manholes are eligible. (AI Summary)
Author
Date 25 Nov 2024
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Invoice Management System enables recipient control over invoices, affecting auto-populated ITC in returns and permitting edits before filing.
Procedural reforms centre on the rollout of the Invoice Management System (IMS) on the GST portal, which allows recipients to accept, reject or keep supplier-reported invoices; recipient actions generate GSTR-2B that auto-populates GSTR-3B. The advisory permits changing IMS actions and recomputing GSTR-2B until filing GSTR-3B and instructs taxpayers to edit wrongly auto-populated ITC or liability in GSTR-3B before filing. Supplier view and certain exclusions are provided, and GSTR-2B will not be generated in specified scenarios such as certain QRMP months or when prior GSTR-3B returns are pending. (AI Summary)
Date 25 Nov 2024
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Input tax credit on mobile towers affirmed as available when towers are movable and used directly in service provision.
The Supreme Court held that mobile towers and prefabricated buildings are not permanently annexed to the earth, remain goods, serve as accessories to antennas and BTS qualifying as capital goods, and are used proximate to the provision of telecom services, therefore constituting inputs for input tax credit purposes; as such, construction-related immovable-property exclusions in the GST restrictions do not ordinarily bar input tax credit on these structures. (AI Summary)
Author
Date 25 Nov 2024
Replies 1 Reply
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Realization and repatriation obligations: directors face liability for inadequate recovery efforts under foreign exchange export rules.
Failure to realize and repatriate export proceeds within Reserve Bank specified periods or under prescribed terms triggers liability: directors responsible for company conduct are deemed guilty of contraventions unless they demonstrate lack of knowledge or that they exercised due diligence to prevent the breach. The penalty regime permits monetary penalties tied to the sum involved or capped where unquantifiable, daily penalties for continuing breaches, and allows referral for prosecution after reasons are recorded; enforcement emphasizes documentary proof of reasonable recovery efforts and regulatory liaison. (AI Summary)
Date 23 Nov 2024
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Royalty: transfer of copyright triggers tax liability in India, while mere software license for use generally does not.
Receipts for transfer of a copyright in software by a non resident to a resident are taxable as royalty where copyright or its specific rights pass; a restricted, nontransferable software license that permits only limited use without transfer of title does not amount to royalty. (AI Summary)
Author
Date 23 Nov 2024