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GTA service coverage: ancillary packing, loading and unloading bundled with transport qualify as GTA services when directly linked.
Ancillary services of packing, loading, unloading and unpacking supplied in direct and immediate connection with a contract for transport of the same goods are integral to and covered by the GTA service entry; where the contract bundles transport with those ancillary activities and a consignment note is issued, the activities form part of the GTA supply rather than separate taxable services. (AI Summary)
Author
Date 30 May 2024
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Levy of interest and penalty denied where taxpayer timely initiated GST payment but receipt delay occurred, requiring adjustment.
The court observed that levy of fee and interest is triggered by an assessee's failure to file returns or pay tax within the prescribed time, not by administrative or receipt delays beyond the assessee's control, and directed that interest and penalty amounts debited from the Electronic Credit Ledger be adjusted against the outstanding tax liability. (AI Summary)
Author
Date 30 May 2024
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Concealment of income: penalty cannot be imposed where taxpayer voluntarily corrected return and paid tax with interest.
Concealment is the intentional hiding of income, distinct from furnishing inaccurate particulars arising from errors; the penalty provision is strict but requires narrow construction. Where an assessee voluntarily disclosed an omission in capital gains, responded to summonses, filed a revised return and paid the differential tax with interest before completion of reassessment, imposition of penalty for concealment was held unwarranted because the essential preconditions for penal liability were not established and penal provisions must not discourage voluntary correction. (AI Summary)
Date 29 May 2024
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HSN classification of paper cups confirms they are taxable under the paper articles tariff entry and attract the standard GST rate.
Disposable paper cups are classifiable under HSN 4823 40 00 as "trays, dishes, plates, cups and the like, of paper or paperboard" within Chapter 48, and therefore attract the GST rate specified for that tariff entry; the ruling notes these are laminated paper cups but treats the chapter and tariff description as determinative for classification. (AI Summary)
Author
Date 29 May 2024
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Reverse charge liability for business-auxiliary services: reimbursed distributor expenses attract service tax on reverse charge basis.
Service tax is payable under the reverse charge mechanism when overseas distributors incur reimbursable expenses while performing after sales services and warranty work on behalf of the manufacturer; such distributor activities qualify as Business Auxiliary Services attracting reverse charge liability on the manufacturer, although penalties based on extended limitation were set aside. (AI Summary)
Author
Date 29 May 2024
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Auditor independence is essential; auditors must prepare accurate audit reports and report detected fraud to authorities.
Auditor eligibility requires recognised professional qualifications, substantial experience, knowledge of accounting frameworks, and independence; auditors must prepare an accurate audit report, perform enquiries to verify financial classifications and compliance, assist with branch audits, comply with prescribed audit standards, adhere to professional ethics including confidentiality and professional scepticism, train audit staff, and report detected fraud to the central government under the Companies Act framework. (AI Summary)
Author
Date 28 May 2024
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Internship eligibility and terms: board-run internships with prescribed application, duties, stipend, and no employment right.
Scheme permits eligible students-penultimate or postgraduate law, economics, commerce, finance or management students, and M.Phil./Ph.D. candidates-to apply via a recommended prescribed format; applications are scrutinized internally, shortlisted and selected students are notified before commencement. Internships run ordinarily for one month with possible Board discretion to terminate or extend; leave is not allowed except that unavoidable absence may be compensated without stipend. Interns must submit a secrecy declaration, assist assigned officers, prepare a supervised dissertation, observe discipline, and accept that completion gives a certificate but no employment right. (AI Summary)
Date 28 May 2024
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Reverse charge liability: recipients must pay service tax on legal services when the provider is not exempt, including senior advocates.
Services by a partnership firm of advocates or an individual advocate (other than a senior advocate) are exempt from service tax when supplied to an advocate/partnership, to any person other than a business entity, or to a business entity below the registration-turnover threshold; where the provider is not covered by the exemption the recipient must pay service tax under the reverse charge mechanism, and for services by a senior advocate the recipient is liable to pay service tax. (AI Summary)
Author
Date 28 May 2024
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Onus on assessee to prove movement of goods; failure to afford rebuttal led to remand and fresh adjudication.
The assessee bears the burden to prove movement of goods, and where adjudication relied on supplier and transporter statements not furnished to the assessee and without cross-examination, the authority must supply those statements, permit further explanation and cross-examination if requested, and complete fresh adjudication expeditiously; ledger blocking, if funds later arise, is to be limited to the demand amount. (AI Summary)
Author
Date 28 May 2024
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Cross-empowerment limits: counterpart tax authorities lack jurisdiction to initiate assessments without a statutory notification enabling cross-authority powers.
Cross-empowerment under the GST framework restricts initiation of assessment or adjudication by one counterpart where an assessee has been formally allocated to the other counterpart in absence of a statutory notification enabling cross-authority exercise of powers; administrative intelligence does not permit jurisdictional usurpation. (AI Summary)
Author
Date 27 May 2024
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Quasi judicial review power is not inherent; statutory authority is required before a collector can reopen adjudications.
The court analysed whether a Collector (Stamps) has inherent or statutory power under Section 47 A to review, recall or reopen its adjudications and concluded that no such power is conferred by the Act; review authority must be expressly or necessarily provided by statute, and quasi judicial bodies cannot expand their delegated functions. Complaints about registrars may prompt separate departmental inquiries but do not grant the Collector jurisdiction to revisit a duly decided matter. (AI Summary)
Date 27 May 2024
Replies 1 Reply
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Opportunity of hearing: GST registration cancellation quashed where no proper chance to reply to show cause notice.
GST registration cancellation was quashed because the order was passed mechanically without affording a proper opportunity to reply to the Show Cause Notice; non-filing was attributable to the abrupt departure of the person handling GST matters and the registrant's unawareness of the SCN, and the petitioner was entitled to a hearing under principles of natural justice. (AI Summary)
Author
Date 27 May 2024
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Capacity determination: uniform methods for measuring and disclosing installed, normal and actual capacity for cost allocation.
The Standard prescribes uniform principles for capacity measurement and reporting for cost statements and other purposes, defining installed, practical, actual, normal, licensed, excess and bottleneck capacities. Installed capacity is based on technical specifications, evaluations, production centre capacities, critical equipment constraints and available shifts, with government directions and expert estimates applicable where necessary; reassessment follows physical or regulatory changes. Normal capacity is adjusted from installed capacity for planned maintenance, shifts, holidays and normal time losses. Cost statements must present installed and normal capacity, actual production and utilization percentage, and disclose bases, changes, outsourcing impacts, low utilization reasons and abnormal under utilization costs when material. (AI Summary)
Date 24 May 2024
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Blocking of electronic credit ledger: revenue cannot create a negative balance; recovery must follow statutory recovery procedures.
The electronic credit ledger may be blocked to prevent utilization only up to the credits actually available; creating a negative balance is not authorized. Rule 86A allows disallowing debits equivalent to amounts allegedly fraudulently availed but does not permit insertion of negative credits when no input tax credit exists. Allegations of wrongful or fraudulent availment should be addressed through formal recovery proceedings rather than by making the ledger negative. (AI Summary)
Author
Date 24 May 2024
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Payment of interest in instalments: assessee may seek Commissioner relief for disputed GST interest after paying the tax.
The adjudicating authority imposed interest on excess wrongful ITC despite the taxpayer having deposited the disputed tax; the appellate authority refused to reduce the rate or permit instalment payments. The court held the appellate order not amenable to writ interference and directed that requests for payment of interest in instalments be made to the Commissioner under the statutory relief mechanism. The note further states that a legislative amendment reduced the applicable interest rate retrospectively, so interest should reflect the lower rate. (AI Summary)
Author
Date 24 May 2024
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Share application money treated as capital contribution, not a loan or deposit, so cash-loan/deposit rules inapplicable.
The statutory scheme conditions applicability on the character of a receipt as a loan or deposit and on the aggregate threshold, with penalties for noncompliance. Dictionary meanings and precedents establish that a deposit requires a liability to return and a loan is an advance repayable on agreed terms. Share application money is capital participation and not repayable after notice or by lapse of time, and thus does not fall within the provisions regulating cash loans and deposits or the penalties attached to them. (AI Summary)
Date 23 May 2024
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Udyam registration: streamlined online process granting MSME recognition and access to credit, subsidies, and market support.
Udyam Registration provides an online administrative mechanism requiring Aadhaar and PAN verification, business and bank details, enterprise classification, and declaration of employees and investment; upon verification the system issues a Udyam Registration Number and certificate, enabling access to credit facilitation, subsidies, tax benefits, market support, and scheme prioritization, while obliging registrants to promptly update any changes in business particulars to retain benefit eligibility. (AI Summary)
Author
Date 23 May 2024
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Transfer of right to use of equipment to be examined for VAT characterization as sale or service.
Whether supply of a crane for loading, unloading, lifting and shifting constitutes a transfer of the right to use goods for VAT purposes is contested. The High Court held such arrangements are contracts for services, not sales, because the consumer lacks exclusive control or possession and the provider retains maintenance responsibilities and supplies operator personnel, leading the Revenue to challenge that characterization before the Supreme Court. (AI Summary)
Author
Date 23 May 2024
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Writ petition non-maintainability: failure to file the prescribed appeal within limitation bars challenge to assessment order under GST framework.
Writ petitions challenging assessment orders are not maintainable where the statutory appellate remedy was available but not invoked within the prescribed period; the court dismissed the petition because the petitioner allowed the assessment to become final by deliberately refraining from filing the prescribed appeal and then sought writ relief after the limitation period expired, reinforcing that an available statutory remedy must be pursued rather than collateral attack by writ. (AI Summary)
Author
Date 23 May 2024
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AI analytics empowers SMEs to convert data into operational insights, optimize processes, and personalize customer experiences.
AI-driven analytics enables SMEs to turn operational and customer data into insights that improve decision-making, cost efficiency, customer experience, and competitive positioning. Deployable capabilities include machine learning for preference prediction, natural language processing for feedback analysis, robotic process automation for transactional tasks, and predictive analytics for equipment and risk forecasting. A staged implementation-define objectives, prepare data, choose tools, develop skills, pilot, scale, and monitor-paired with mitigations for cost, data security, skills, and change management, supports sustainable AI adoption in SMEs. (AI Summary)
Date 22 May 2024