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Natural justice in customs law requires notice, hearing, disclosure, and reasoned orders before confiscation or penalty.
Natural justice is a foundational requirement in customs adjudication because customs powers over import and export goods are coercive and often entail search, seizure, detention, confiscation, penalties, and valuation disputes. The Customs Act, 1962 embeds procedural safeguards through the requirement of a valid show cause notice, disclosure of grounds and relied-upon material, opportunity of hearing, fair consideration of submissions, and a reasoned speaking order. Customs authorities, acting in a quasi-judicial capacity, must comply with audi alteram partem and related principles of fairness, reasoned decision-making, and procedural due process. (AI Summary)
Author
Date 07 Jul 2026
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Natural justice in income-tax assessments demands notice, disclosure, hearing and reasoned orders even under faceless procedures.
Natural justice under income-tax law restrains the exercise of assessment, reassessment and faceless assessment powers through notice, disclosure of material, opportunity to respond, consideration of submissions and reasoned orders. Reassessment requires recorded reasons, supply of reasons, opportunity to object and disposal of objections by a speaking order, while faceless assessment must still preserve effective hearing, transparency and accountability. Procedural lapses such as non-consideration of replies, denial of hearing, undisclosed material, mechanical orders and denial of cross-examination are treated as serious violations. (AI Summary)
Author
Date 07 Jul 2026
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Section 74 demand and natural justice safeguards in GST assessment where turnover appears below registration threshold
A demand of tax and penalty under Section 74 of the CGST Act was challenged on the footing that the taxpayer's aggregate turnover appeared prima facie to be below the GST registration threshold and that the assessment order had been passed without granting a personal hearing. The Madras High Court noted the absence of hearing as a breach of natural justice and observed that the turnover records available with the department did not, on the face of it, support invocation of registration-based liability. The matter was therefore sent back for fresh consideration, subject to payment of the balance amount, with a direction to pass a fresh order after giving a reasonable opportunity of hearing. (AI Summary)
Author
Date 06 Jul 2026
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Adjudication of penalties under Companies Act, 2013 follows a civil, notice-based process with hearing, reasoned order, and appeal.
Adjudication of penalties under the Companies Act, 2013 is a civil, quasi-judicial mechanism for specified non-compliances and procedural defaults, conducted by appointed adjudicating officers under the Companies (Adjudication of Penalties) Rules, 2014. The process requires notice, electronic reply, and where necessary physical hearing, with reasoned orders, prescribed timelines, evidence powers, and consideration of factors such as company size, nature of default, repetition, public interest, and loss or gain. Appeals lie to the Regional Director within the prescribed time. (AI Summary)
Date 06 Jul 2026
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Natural justice under GST demands notice, hearing and reasoned orders before cancellation, credit blocking or tax adjudication.
Natural justice under GST operates as a core procedural safeguard in a technology-driven self-assessment tax regime where tax authorities exercise quasi-judicial powers in assessment, scrutiny, audit, cancellation of registration, adjudication and penalty proceedings. Sections 73 and 74 require issuance of a show cause notice and an opportunity to reply before determination of tax, while Section 75 codifies adjudicatory fairness through hearing, consideration of representation, adjournment on sufficient cause and a reasoned speaking order. Judicial interpretation stresses proper notice, hearing, disclosure and recorded reasons in cancellation, input tax credit blocking and ex parte demand matters. (AI Summary)
Author
Date 06 Jul 2026
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Natural justice in tax administration demands fair hearing, unbiased adjudication and reasoned orders across GST, income-tax and customs matters.
Natural justice governs tax administration where authorities exercise quasi-judicial powers to assess liability, impose penalties, cancel registrations, confiscate goods, recover dues or decide appeals. In GST, income-tax and customs proceedings, the doctrine is ordinarily read into the statute unless expressly excluded, because tax action affecting civil consequences must be fair, reasonable and impartial. Its core incidents are a proper show cause notice, disclosure of relied-upon material, opportunity to be heard, freedom from bias and a speaking order based on proportionate procedure. (AI Summary)
Author
Date 06 Jul 2026
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Self-discipline as inner command drives time management, focus, emotional balance and lasting personal growth.
Self-discipline is presented as the central element of self-management, distinguished from external discipline imposed by rules, supervision, fear of punishment or authority. External discipline is useful for maintaining order but depends on monitoring and pressure, while self-discipline is an inner command that enables a person to do what is right, necessary and meaningful without being watched. It is connected with time management, habit, focus, speech, listening, emotion, lifelong learning, simplicity and perseverance. (AI Summary)
Author
Date 06 Jul 2026
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Best judgment assessment under GST must give way when subsequent returns are filed and reassessment is required.
Best judgment assessment under Section 62 of the CGST Act cannot be sustained where the registered taxable person subsequently uploads the pending returns on the common portal. Once such returns are filed, the Proper Officer is required to take them into account and the Revenue must initiate reassessment rather than treat the ex parte assessment as final. The assessment order passed solely on the ground of non-filing within time was therefore set aside, and the matter was remanded for fresh consideration in accordance with law. (AI Summary)
Author
Date 06 Jul 2026
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Party names in legal titles should exclude addresses and c/o details, which belong only in the prescribed address field.
Name and address of an appellant or respondent should be kept in separate fields: the cause title must contain only the party's name, while the complete correspondence address belongs in the prescribed address slot. The article says that adding "c/o" details, chartered accountants, advocates, law chambers or consultancy organisations to the party name is incorrect, can create complications if addresses change, and unnecessarily lengthens reported case names. It also states that such representative details, if needed, should be confined to the address field. (AI Summary)
Date 06 Jul 2026
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Customs classification through General Rules of Interpretation ensures correct HS codes, duty treatment, and trade compliance.
General Rules of Interpretation (GRI) provide the sequential legal framework for customs classification of goods under the Harmonized System, requiring import and export products to be assigned the correct HS code before duty, valuation, and trade compliance consequences are determined. Classification begins with the terms of the headings and Section or Chapter Notes, and the rules must be applied in strict order without skipping or rearranging them. GRI 1 through GRI 6 address complete and incomplete goods, mixtures, composite goods, similar goods, packing and containers, and sub-heading classification. (AI Summary)
Author
Date 06 Jul 2026
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Shipping Bill governs export clearance, customs assessment, incentive claims, and lawful departure of goods from India.
A Shipping Bill is the core customs declaration for export clearance in India and the export counterpart of a Bill of Entry. Filed electronically by an exporter or customs broker, it forms the basis for customs assessment, examination, and the Let Export Order, without which goods cannot lawfully be exported. It records exporter and consignee details, goods description, HS classification, value, destination, port particulars, container and seal details, and any export scheme declaration. (AI Summary)
Author
Date 06 Jul 2026
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Container sealing compliance in exports: bottle seals and e-seals differ in tracking, tamper detection, and customs integration.
Container sealing is a core customs compliance and cargo security requirement in export logistics, designed to preserve cargo integrity, prevent unauthorized access, and provide evidence of tampering during transit. The article explains that Indian export container sealing operates within the customs framework administered by the Central Board of Indirect Taxes and Customs and the Customs Act, 1962, with seal integrity and correct registration forming part of export clearance, risk management system compliance, and containerized cargo movement. It contrasts bottle seals, which are mechanical and manually recorded, with E-seals, which are electronic, customs-integrated, and capable of digital verification and tamper alerts. (AI Summary)
Author
Date 06 Jul 2026
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Input tax credit for bona fide purchasers cannot be denied merely because the supplier failed to remit tax.
Input tax credit under GST is examined in the setting of bona fide purchases from registered suppliers where the recipient has valid invoices, banking trail, and compliance with statutory conditions. The key principle is that ITC cannot be denied solely because the supplier failed to deposit the tax with the Government. The Department's remedy lies against the defaulting supplier, while the recipient may still be scrutinised if the transactions are shown to be non-bona fide or collusive. (AI Summary)
Author
Date 04 Jul 2026
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GST notice service requires effective communication, not mere portal upload, with timely response crucial for taxpayers.
Section 169 of the CGST Act prescribes multiple modes of service for notices, orders, summons, and other communications, including personal delivery, post, e-mail, portal upload, publication, and affixture. The article stresses that service should be effective as well as technically compliant, and argues that portal posting alone may not suffice if the communication is not actually noticed by the taxable person. It also explains deemed service rules for tender, publication, affixture, and postal transmission, and highlights the practical need for taxpayers to monitor GST communications and act promptly. (AI Summary)
Date 04 Jul 2026
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Cheque dishonour liability after provisional liquidation depends on directors' control over accounts and company affairs at the relevant time.
Whether a complaint under Section 138 of the Negotiable Instruments Act can be maintained against a company director when, before dishonour and statutory notice, the company had already entered winding up proceedings and a provisional liquidator had been appointed. The appointment of a provisional liquidator suspends the directors' authority and transfers executive control to the liquidator, while the company's corporate existence continues. Where the cheque is presented after liquidation or the account is otherwise beyond the accused's control, the essential ingredients of Section 138 may not be satisfied against the director or ex-director. (AI Summary)
Date 04 Jul 2026
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GST litigation landscape evolves as tribunal rollout, credit disputes, classification issues, and compliance discipline reshape tax practice.
GST has matured into a heavily litigated regime marked by recurring disputes over compliance architecture, classification, input tax credit, place of supply, limitation, and procedural validity. Departmental scrutiny commonly centres on ineligible input tax credit, transitional credit, reverse charge compliance, interest and penalty computation, and mismatch-based recoveries, while courts have addressed refund formula issues, return rectification, TRAN-1 glitches, denial of credit for supplier default, and mechanically issued notices. The operationalisation of the GST Appellate Tribunal is expected to restore the intended appellate structure and promote consistency in GST jurisprudence. (AI Summary)
Author
Date 04 Jul 2026
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RoDTEP eligibility for restricted sugar exports depends on lawful permission under the export policy, not on blanket ineligibility.
RoDTEP eligibility for sugar exports cannot be denied merely because sugar was placed under a restricted export regime, where the exports were permitted under the applicable policy through specific permissions and quota-based authorisations. The restriction under the export policy operated as a regulatory control and not as a total prohibition; accordingly, exports made in compliance with the permission framework could not be treated as ineligible for RoDTEP on the ground that the goods were restricted. Once the export is lawfully undertaken under the regulatory mechanism and all policy conditions are satisfied, denial of benefit is arbitrary. (AI Summary)
Author
Date 04 Jul 2026
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Export credit financing bridges production and payment gaps through pre-shipment packing credit and post-shipment receivables funding.
Pre-shipment finance, also called packing credit, is export credit provided before shipment to fund production and procurement of goods meant for export. Post-shipment finance is provided after shipment to bridge the period between dispatch of goods and receipt of payment from the overseas buyer. The export credit framework is regulated by the Reserve Bank of India and implemented through commercial banks to support liquidity, continuous production, and smooth cash flow across the export cycle. (AI Summary)
Author
Date 04 Jul 2026
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Factoring in EXIM trade converts export receivables into immediate cash while managing collection, credit exposure, and working capital needs.
Factoring in EXIM trade is a trade finance arrangement under which an exporter assigns export receivables to a factor in return for immediate cash, rather than waiting for the buyer's deferred payment. The mechanism converts accounts receivable into working capital, with the factor advancing a substantial portion of invoice value, collecting from the importer on maturity, and settling the balance after deducting discount, service, and risk-related charges. (AI Summary)
Author
Date 04 Jul 2026
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Customs broker compliance and licensing define the legal role of intermediaries in import-export clearance and duty administration.
Customs brokers are licensed intermediaries between importers/exporters and Customs authorities, operating under the Customs Brokers Licensing Regulations, 2018 and the Customs law framework. Their functions include filing import and export declarations, representing clients before Customs, classifying goods, determining customs valuation, computing duty liabilities, and ensuring compliance with import/export restrictions, licensing requirements and documentary conditions. They also coordinate examination, electronic filing, duty payment, and post-clearance compliance support. The profession requires accuracy, due diligence, record maintenance and professional conduct. (AI Summary)
Author
Date 04 Jul 2026