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Shipping lines drive EXIM trade by moving cargo, issuing bills of lading, and coordinating customs, ports, and freight logistics.
Shipping lines function as the operational backbone of EXIM trade by transporting cargo, supplying containers, allocating vessel space, issuing bills of lading, and coordinating loading, unloading, and port operations. Their role extends through customs, freight forwarding, trade finance, and cargo release because shipping documents, manifest filing, and cargo details are essential for clearance and verification. The discussion also covers liner, tramp, and charter services, along with freight charges, detention and demurrage, documentation fees, and other ancillary levies. (AI Summary)
Author
Date 04 Jul 2026
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Marine insurance principles and coverage protect cargo, ships and freight across transit risks, claims and trade financing.
Marine insurance protects ships, cargo, freight and related maritime interests against losses arising from marine and transit risks in domestic and international trade. In India, it is primarily governed by the Marine Insurance Act, 1963, together with related insurance, shipping, carriage and contract laws. Its foundation rests on insurable interest, utmost good faith, indemnity, subrogation, contribution and proximate cause, and it is structured through cargo, hull, freight and liability insurance and through voyage, time, floating and open-cover policies. (AI Summary)
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Date 04 Jul 2026
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Natural justice in GST demands reasoned orders, and a non-speaking assessment cannot stand when taxpayer replies are ignored.
A GST assessment order that merely acknowledges the assessee's reply but does not deal with the submissions, supporting documents, or reasons for disagreement is a non-speaking order inconsistent with principles of natural justice. Quasi-judicial authorities must consider the reply and record reasons when rejecting the taxpayer's explanation or evidence. The availability of an alternative appellate remedy does not bar writ jurisdiction where the impugned order reflects a breach of natural justice, because the defect concerns the decision-making process itself. Reasoned orders are an essential component of fair adjudication under GST. (AI Summary)
Author
Date 03 Jul 2026
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GST appeal deadlines require strict follow-through, as missed filing windows can leave recovery proceedings fully active.
An appeal under Section 107 of the CGST Act must ordinarily be filed within three months of communication of the order, with a further one-month period available only on showing sufficient cause. A similar appellate structure applies to the GST Appellate Tribunal under Section 112. Once this three-plus-one-month window expires, the appellate authority is generally understood to lack power to condone further delay, and recovery proceedings may continue once a demand attains finality, including through bank attachment and other statutory tools. (AI Summary)
Date 03 Jul 2026
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GST adjudication quality demands careful notice service, natural justice, and correct statutory application for sustainable orders.
GST adjudication requires qualitatively reasoned orders that can withstand appellate scrutiny, with tax officials applying the law carefully at the first stage. The commentary highlights recurring defects such as improper service of show cause notice, impermissible single notices for multiple financial years, violation of natural justice under section 75(4), demands exceeding the show cause notice under section 75(7), and incorrect invocation of sections 73, 74 and 74A. Illustrative case references are provided for use by tax professionals and adjudicating officers. (AI Summary)
Date 03 Jul 2026
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Section 74 under GST needs traceable reasons and prima facie material, not mere suspicion, before alleging suppression.
Section 74 of the CGST Act requires a rational prima facie basis before invocation, because fraud, wilful misstatement, or suppression of facts with intent to evade tax are jurisdictional ingredients and cannot rest on suspicion alone. The phrase "where it appears" permits notice on the basis of records, returns, audit, inspection, or other lawful material, but the material must reasonably indicate the fraudulent or suppressive element needed for Section 74. A notice should ordinarily state the reasons for invocation, though those reasons may be traced from connected statutory communications already furnished to the taxpayer. (AI Summary)
Author
Date 03 Jul 2026
Replies 2 Replies
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GSTAT appeal filing timelines demand prompt action as the revised deadline leaves limited room for delay condonation.
Extended filing timelines for appeals before GSTAT are discussed in view of the large volume of pending matters, the short additional period granted, and the need for taxpayers and tax professionals to file appeals promptly against orders communicated up to 31/03/2026. The commentary also notes the gradual operationalisation of GSTAT, its exclusive role in GST disputes, the availability of condonation of delay up to three months, and the practical need to avoid waiting until the last days of the revised filing window. (AI Summary)
Date 03 Jul 2026
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Statutory appeal remedy must remain meaningful; coercive GST recovery cannot start before the appeal period expires.
Statutory appeal remedy under the GST framework must remain effective where the period for filing an appeal has not yet expired. Coercive recovery proceedings should not be initiated during the subsistence of the prescribed appellate limitation, because doing so would make the appellate remedy illusory and defeat the legislative scheme. Where an assessee has a right to file an appeal before the GST Appellate Tribunal within the notified period, recovery is not to be resorted to merely because the underlying order has been passed. (AI Summary)
Author
Date 03 Jul 2026
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Incoterms 2020 standardize trade risk, cost, and delivery obligations across international sales contracts and shipping practice.
Incoterms 2020 are standard international trade rules used in sales contracts to allocate responsibility for transport costs, insurance, customs clearance, delivery obligations, and the point at which risk passes from seller to buyer. They are non-statutory and binding only when incorporated into a contract, often with a named place of delivery. The framework contains 11 terms and explains how cost, risk, and delivery responsibilities shift across different transport modes and trade arrangements. (AI Summary)
Author
Date 03 Jul 2026
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Unutilised input tax credit refund limitation must follow the unamended rule and cannot be cut down retrospectively.
Refund of unutilised input tax credit under Section 54 of the CGST Act is governed by a distinct limitation rule from refund of tax paid on exports. For refund claims relating to periods before the amendment of Explanation 2(e), the relevant date is the due date for furnishing the return for the period in which the refund claim arises, read in practice as the end of the financial year under the unamended provision. Explanation 2(a), which concerns refund of tax paid on exported goods or services, does not govern unutilised ITC refunds. (AI Summary)
Author
Date 02 Jul 2026
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Conditional customs exemption for hospital imports depends on continuing post-import compliance and strict proof of eligibility.
Exemption under Notification No. 65/88-Cus. for imported medical equipment is conditional and depends on continuing compliance with post-import obligations intended to benefit economically weaker sections. Once the DGHS cancelled the Customs Duty Exemption Certificates for non-fulfilment of those obligations, the hospital ceased to remain entitled to the exemption, and substantial compliance was not accepted in the absence of convincing proof. The Tribunal also rejected alternative exemption claims where the components were imported separately or where the goods were specifically excluded. (AI Summary)
Author
Date 02 Jul 2026
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GST implementation challenges demand greater fairness, consistency, and substance over technicality to reduce disputes and improve compliance.
GST is presented as a constitutionally backed reform intended to create a unified national market, remove cascading taxes, simplify compliance, and enable seamless input tax credit. The article argues that implementation has fallen short because of procedural rigidity, inconsistent administration, automated demands, and denial of input tax credit without proper verification, leading to avoidable litigation and uncertainty. It calls for better administration, facilitation over suspicion, and treatment of genuine business transactions with fairness and consistency. (AI Summary)
Date 02 Jul 2026
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GST succession liability allows proceedings against legal heirs after death, but recovery stays limited to the deceased's estate.
Section 93 of the CGST Act permits GST liability of a deceased taxable person to be pursued against the legal representative where the business is continued or discontinued, including where the liability is determined after death. Where the business has been discontinued, liability may be recovered only out of the deceased's estate and only to the extent that the estate is capable of meeting the charge. The expression person chargeable with tax was treated as broad enough to include a legal heir made liable by statute. (AI Summary)
Author
Date 02 Jul 2026
Replies 1 Reply
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Capital contribution to LLPs can trigger GST on movable assets, leasehold rights, and under-construction property transfers.
Capital contribution of assets to an LLP or partnership firm may constitute a supply under the CGST Act because the contributor and the firm are distinct persons and non-monetary economic benefits can amount to consideration. Transfer of movable property as capital contribution is treated as a supply of goods, while transfer of leasehold rights is best characterised as a supply of services under Schedule II. For immovable property, a completed building may fall outside GST under Schedule III, but an under-construction building is taxable as a supply of services. (AI Summary)
Author
Date 02 Jul 2026
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Long-term capital gains claims on penny stocks saw interference declined where documents and banking records supported the assessee.
The note compiles Supreme Court orders on alleged bogus long-term capital gains from penny stock transactions, stating that where claims were supported by documents, banking entries and DP transactions, interference was generally declined despite departmental investigation material and statements. It also records dismissals of special leave petitions on merits or delay, as well as some Revenue withdrawals and tagged matters without available orders. (AI Summary)
Date 02 Jul 2026
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Substantial human creative direction shapes AI authorship in India, bridging Form XIV practice and global copyright standards.
Form XIV is the central copyright registration form in India and assumes a human author exercising creative control over expression. In AI-assisted and AI-generated works, the key question is whether there is substantial human creative direction over the final output, shown through iterative prompting, selection, editing, restructuring, or other creative decisions. The article compares this emerging Indian approach with the United States, European Union, United Kingdom, and China, and notes that most systems reject AI alone as an author while differing on the level of human involvement required. (AI Summary)
Author
Date 02 Jul 2026
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Personality rights in India need clearer statutory protection against false endorsement, deepfakes, AI replicas and digital identity misuse.
Personality rights in Indian intellectual property law protect an individual's name, image, likeness, voice, signature and other identifying attributes against unauthorized commercial exploitation, while also reflecting privacy and dignity interests. India has no standalone statute and instead relies on constitutional privacy, trademark law, copyright law, passing off and judicial precedent to address false endorsement, celebrity impersonation, unauthorized advertising, deepfakes and digital misuse of identity. The article compares India with the United States, European Union, United Kingdom and Australia, and recommends a dedicated statutory regime to address AI-generated likenesses, synthetic voices, virtual influencers and cross-border online infringement. (AI Summary)
Author
Date 02 Jul 2026
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WIPO arbitration and intellectual property disputes: a consent-based, confidential forum for Indian companies' cross-border commercial agreements.
WIPO arbitration is described as a consent-based forum for resolving cross-border intellectual property disputes involving Indian companies, particularly in technology licensing, software, franchising, joint ventures, and related commercial arrangements. Its jurisdiction arises only from an arbitration agreement or contractual clause. The article distinguishes between arbitrable rights in personam, such as royalty disputes, licence interpretation, confidentiality obligations, and technology transfer agreements, and non-arbitrable rights in rem, such as patent validity, trademark cancellation, and rectification of IP registers. It also notes the practical advantages of neutrality, confidentiality, technical expertise, procedural flexibility, and international enforceability. (AI Summary)
Author
Date 02 Jul 2026
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Convertible note compliance for foreign investors hinges on DPIIT recognition, FDI eligibility, pricing rules, and RBI reporting.
Convertible notes for foreign investors in Indian startups are debt instruments that later convert into equity, and their use requires compliance with the Companies Act, FEMA and tax rules. A startup must be DPIIT-recognised, the note must involve at least Rs. 25 lakh per investor per tranche, the instrument must convert or be repaid within 10 years, and the startup must operate in a sector eligible for 100% FDI under the automatic route. If these conditions are not met, the receipt may be treated as a deposit or a FEMA contravention. (AI Summary)
Date 01 Jul 2026
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Alternate appellate remedy in GST limits writ jurisdiction, with courts preferring statutory appeals and interim protection where tribunal is non-functional.
Writ jurisdiction in GST matters is generally unavailable where the Act provides an alternate appellate remedy, particularly an appeal to the Appellate Tribunal under the statutory scheme. Where the Tribunal has not yet become functional, courts have emphasised the existence of the appellate mechanism and the Government's extension of limitation for filing appeals. The article also notes interim protection in some cases until the Tribunal is constituted, and that disputes over classification, pre-deposit, and appellate orders should ordinarily be dealt with within the statutory hierarchy. (AI Summary)
Date 01 Jul 2026