Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law
Filter by Law
View Top Authors
Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Districts as Export Hubs initiative expands e commerce export capacity but faces banking, logistical, and compliance constraints.
The Districts as Export Hubs initiative decentralizes export promotion to selected districts by empowering MSMEs and artisans through infrastructure, digital marketplace access, logistical support, and regulatory assistance, while leveraging export incentive schemes such as the Export Promotion Capital Goods (EPCG) scheme and the Merchandise Exports from India Scheme (MEIS). Despite these measures, banking constraints (payment delays, high transaction costs, limited working capital, and forex management issues), high international shipping costs, warehousing gaps, and customs and compliance burdens remain key barriers; remedies proposed include fintech collaboration, government credit facilitation, enhanced forex tools, and logistics partnerships. (AI Summary)
Author
Date 04 Nov 2024
Like 0 Bookmark
Interest exclusion from operational debt can reduce claim below CIRP threshold and trigger scrutiny for pre-existing disputes.
Interest on outstanding dues is excluded from operational debt for threshold calculation; tribunals disallow unilateral interest claims and, when interest and certain payments or debit/credit adjustments are excluded, the aggregated operational debt may fall below the statutory threshold. Pre-initiation set-offs, correspondence, payment instruments and related allegations can establish a pre-existing dispute relevant to maintainability of an insolvency application. (AI Summary)
Date 04 Nov 2024
Like 0 Bookmark
Two-authority inconsistency: conflicting GST demand orders set aside and remitted for fresh decision under rectification principles.
The court held that two different authorities issuing inconsistent orders-one confirming a GST demand without accounting for reversed input tax credit and another dropping that demand-was unreasonable; it set aside the impugned orders and remitted the matter for a fresh decision within three months, applying the rectification framework under Section 161 and requiring adherence to natural justice when rectifications adversely affect a person. (AI Summary)
Author
Date 04 Nov 2024
Like 0 Bookmark
Arrest safeguards under GST require procedural compliance, mens rea assessment, detailed arrest memos and custodial care.
Arrest power under the GST framework must be exercised in strict conformity with the central criminal procedure statute and only where evasion intent and a palpable element of mens rea exist. Each arrest requires a detailed, acknowledged arrest memorandum recording facts, evidence gist, grounds explained, nominated contact notified, and date/time. Custodial safeguards mandate a woman officer for female arrests, prompt medical examination by an appropriate government medical officer or registered practitioner (female examiners for female arrestees), and reasonable care for the arrested person's health and safety. (AI Summary)
Date 04 Nov 2024
Like 0 Bookmark
Date of provisional acknowledgment as filing date for appeals clarifies limitation treatment under GST online appeals.
The date of issue of the provisional acknowledgment generated on the common portal is to be treated as the date of filing the appeal for limitation purposes where the appealed order is uploaded online. If the order is not uploaded, the appellant must furnish a self certified copy within the short prescribed period and the provisional acknowledgment date (or, if the copy is filed later, the date of submission) determines the date of filing. This aligns online filing timestamps with limitation under the CGST Rules following the substituted acknowledgment mechanism. (AI Summary)
Author
Date 04 Nov 2024
Like 0 Bookmark
Acknowledgement of debt under Section 18 extends limitation, allowing initiation of corporate insolvency proceedings despite earlier default.
The dispute concerned whether entries in the corporate debtor's audited balance sheets and a One Time Settlement letter constituted written acknowledgements under Section 18 of the Limitation Act, thereby restarting the limitation period and permitting institution of proceedings under Section 7 of the Insolvency and Bankruptcy Code; adjudicatory bodies found the balance-sheet entries and settlement communication to be clear acknowledgements of liability and the petition to be within the extended limitation period. (AI Summary)
Date 30 Oct 2024
Like 0 Bookmark
FSSAI certificate requirement: download ensures legal compliance, builds consumer trust, and enables market access for food startups.
Acquiring and downloading an FSSAI certificate is a legal and commercial necessity for food startups: the certification confirms compliance with food safety standards and is required to operate lawfully. After approval, startups must log into the official portal, navigate to Licensing and Registration, verify certificate details, download and securely store the certificate. Maintaining a downloadable, printed certificate provides documentary proof for audits and inspections, serves as a marketing credential to build consumer trust, and helps avoid difficulties during regulatory checks or customer disputes. (AI Summary)
Author
Date 30 Oct 2024
Like 0 Bookmark
Input tax credit time limit extension creates a rectification route for previously denied credits, preserving appeal rights.
Retrospective extension of the time limit to claim input tax credit expands eligibility for credits previously denied, without creating entitlement to refunds for tax paid or credits reversed; a special electronic rectification procedure allows affected taxpayers, where appeals have not been filed, to apply to the original adjudicating officer with specified information, who must decide-observing natural justice-ordinarily within three months, with appeal rights preserved and non qualifying applications subject to summary rejection. (AI Summary)
Date 30 Oct 2024
Like 0 Bookmark
Dual-capacity signatures invalidated: orders signed by same officer set aside and remitted for fresh consideration.
Orders under the CGST framework bearing signatures of the same officer in dual roles were quashed because the Department could not explain why the same individual signed as State Tax Officer (Data Analytics) and Commercial Tax Officer; the orders were set aside and the matter remitted for reconsideration. (AI Summary)
Author
Date 30 Oct 2024
Like 0 Bookmark
Input Tax Credit on construction: functionality of a building determines eligibility for credit on construction inputs.
Availability of Input Tax Credit for construction-related goods and services turns on whether the asset qualifies as plant or plant or machinery. The analysis stresses the legislature's distinct use of those expressions, the applicability of a functionality test to treat a building as "plant" when constructed to meet special technical or revenue generating requirements, and the resulting case by case inquiry for credits on works contract services and separately procured goods or services. (AI Summary)
Date 29 Oct 2024
Replies 4 Replies
Like 0 Bookmark
Right to avail Input Tax Credit is conditional; court affirmed statutory restrictions and limited retrospective availment.
The right to avail Input Tax Credit is a conditional statutory benefit and will be denied if statutory conditions, including actual payment of tax to the exchequer by the supplier as contemplated by law, are not satisfied; the Kerala High Court dismissed the writ petition, affirmed precedents upholding those statutory restrictions, and indicated a retrospective temporal extension for availing ITC for affected periods while noting pending higher court challenges and differing high court responses on filing cut-offs. (AI Summary)
Author
Date 29 Oct 2024
Like 1 Bookmark
Time limit for self-invoice requires prompt issuance after receipt for supplies subject to reverse charge by registered recipients.
Rule 47A requires a registered person liable under reverse charge to issue the self-invoice within thirty days from the date of receipt of the supply of goods or services, implementing the Finance Act amendments that authorized a prescribed time-limit for self-invoicing and aligned self-invoice issuance with the revised time-of-supply rules for supplies from unregistered persons. (AI Summary)
Author
Date 29 Oct 2024
Like 0 Bookmark
Extension of reassessment limitation: pandemic relief permits surviving time for issuing notices under revised income tax regime.
TOLA's temporal relief extends to relax limitation for issuance of reassessment notices and for grant of sanction where the original deadline fell within the pandemic window; the Income Tax Act must be read with the substituted reassessment provisions while applying TOLA only to extend time for notice issuance under Section 148 and for sanction under Section 151. Deemed notices under the prior regime treated as show cause notices under Section 148A(b) pause limitation until relevant material is supplied and a short response period elapses; reassessment notices issued after the surviving time are time barred. (AI Summary)
Author
Date 29 Oct 2024
Like 1 Bookmark
Value of supply in fixed rate foreign currency contracts: invoice in INR using prescribed exchange rate and bifurcate derivative impact.
Conversion to Indian rupees for GST requires applying Section 15 and Rule 34: goods use the Customs Board rate and services use the GAAP determined rate. Fixed rate contracts must be bifurcated into supply revenue recognised at the contracted forward rate and an embedded derivative representing the forex difference, which is outside GST and adjusted via financial credit/debit notes. Tax invoices must show the taxable value determined under these rules, and recipients may claim ITC as shown on the invoice subject to usual conditions. (AI Summary)
Author
Date 28 Oct 2024
Like 0 Bookmark
Input tax credit on construction: functionality test determines when a building qualifies as a plant for GST credit purposes.
The Supreme Court addressed whether GST paid on construction inputs for a shopping mall can be claimed as input tax credit despite the exclusion in Section 17(5)(d). It held that the expressions "plant or machinery" and "plant and machinery" must be read distinctly, endorsed a fact-specific functionality test to decide when a building may qualify as a plant integral to taxable leasing services, upheld the validity of the challenged clauses, and remitted the issue for factual determination on whether the mall qualifies as a plant. (AI Summary)
Date 28 Oct 2024
Like 0 Bookmark
Input Tax Credit on construction hinging on property qualifying as plant under a functionality test for business use.
Whether Input Tax Credit may be claimed for goods and services used in constructing commercial immovable property depends on whether the building qualifies as a plant for the registered person's business by satisfying the functionality test. ITC is allowable on inputs used in setting up an immovable property only when the property's nature and use in the taxpayer's outward supplies establish it as plant; otherwise the statutory exclusion blocks such credits and administrative recovery, interest and penalties may follow. (AI Summary)
Author
Date 28 Oct 2024
Like 0 Bookmark
APEDA registration compliance: assemble accurate documentation and meet product eligibility to avoid delays and rejections.
Registration under APEDA requires exporters to assemble accurate documentary evidence (IEC, bank and business records), use the online portal correctly, and confirm product-specific eligibility and quality standards. Preparing verified digital copies, consulting official guides or professionals, budgeting for application and renewal costs, and monitoring portal status reduce the risk of rejection, delays, and noncompliance. (AI Summary)
Author
Date 28 Oct 2024
Like 0 Bookmark
Composite supply: packing materials for live honey bees follow the exempted principal supply, affecting GST valuation and assessment.
Packing material supplied with live honey bees constitutes part of a composite supply where the live bees are the principal supply, and the packing material must follow the tax status of the exempted principal good rather than be treated as a separate taxable supply; the assessment treating packing material separately was set aside and remitted for fresh proceedings with directions to file a reply and pre-deposit. (AI Summary)
Author
Date 28 Oct 2024
Like 1 Bookmark
Endorsement by SEZ specified officer required to support refund of unutilized input tax credit on services supplied to SEZs.
Refund of unutilized input tax credit for services supplied to a SEZ requires endorsement by the SEZ specified officer confirming receipt for authorised operations; to facilitate this, SEZ Online introduced the DTA Service Procurement Form (DSPF) module enabling SEZ units to upload multiple service invoices, submit them electronically for Authorised/Specified Officer endorsement, and generate acknowledgements to DTA suppliers to support refund applications for zero rated supplies. (AI Summary)
Author
Date 26 Oct 2024
Like 0 Bookmark
GST classification of affiliation, training, transport and ancillary services updated with targeted exemptions and retrospective regularisations.
Universities' affiliation services to colleges attract GST at 18%. Affiliation by Central/State boards to schools is taxable, with supplies to government schools exempt effective 10.10.2024 and GST regularized for 01.07.2017-17.06.2021. DGCA approved flying training courses with mandatory completion certificates are exempt under Notification No. 12/2017. Helicopter seat share passenger transport, imports of services by foreign airlines from related persons without consideration, and certain electricity utility support services are regularized for specified past periods; film distributor-exhibitor transactions are regularized for 01.07.2017-30.09.2021. GTA ancillary services provided in the course of road transport form a composite supply; PLCs payable with construction consideration form part of the composite construction supply and attract the same rate prior to completion certificate. (AI Summary)
Date 26 Oct 2024