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Administrative withdrawal of low tax effect appeals to prevent needless litigation and conserve public resources.
Administrative withdrawal of low tax effect appeals should be effected by appellant officers, the appellant's Advocate on Record, and registry staff without engaging external counsel; the appellant must compute the tax effect, file a withdrawal petition under rules, serve the respondent a copy, and obtain registry scrutiny and judicial approval, and courts may deter continuation by imposing costs on departments, officers or counsels who pursue unnecessary litigation. (AI Summary)
Date 04 May 2024
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Systematic Investment Plan as a disciplined path to long term wealth accumulation and goal based investing.
Systematic Investment Plans (SIPs) offer a disciplined route to accumulate a target corpus via regular monthly contributions into mutual fund schemes, using rupee cost averaging and compounding. The article sets out illustrative monthly SIP requirements for 10, 15 and 20 year horizons at differing assumed annual returns, and prescribes steps to proceed: select an Asset Management Company, choose an appropriate scheme, finalise the SIP amount, and set up the SIP online or via a distributor. It stresses long term investment, scheme selection, staying invested through volatility, periodic review and rebalancing, and goal alignment. (AI Summary)
Date 03 May 2024
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Reverse charge liability on import freight may be limited to CIF contracts, affecting tax on FOB imports.
The article addresses contested reverse charge liability on freight for imported goods under GST, noting the Supreme Court limited its analysis to CIF contracts while observing importers did not dispute liability on FOB imports. Subsequent High Court decisions have interpreted the Mohit Minerals line to negate reverse charge on FOB imports after declaring the notification entry ultra vires, creating legal uncertainty. The author anticipates appeals and advises paying tax, availing input tax credit, and filing refunds to protect taxpayer rights pending definitive adjudication. (AI Summary)
Author
Date 03 May 2024
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Electronic commerce operator designation requires collection of tax at source when platform facilitates sales via escrow and charges commission.
Operation of a digital platform that lists and facilitates sale of another's digital gold, with proceeds routed through an escrow account and the platform charging a commission, qualifies the platform as an electronic commerce operator. As such, the platform is required to collect tax at source under the relevant provision and to obtain compulsory registration as an e-commerce operator. (AI Summary)
Author
Date 03 May 2024
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Injunction survival after plaintiff's death: legal representatives may continue possession-based injunction claims if entitled to relief.
Injunction rights operate against defendants and, when a plaintiff seeking possession dies, the cause of action for a prohibitory injunction does not automatically abate; it may survive to legal representatives who can enjoy the relief. Factual questions of disinheritance, the effect of competing wills, entitlement to possession, and proper impleadment of parties are matters for trial; a summary finding of abatement without addressing those merits is inadequate. (AI Summary)
Date 02 May 2024
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Inter-state supply under GST determines IGST applicability, while intra-state supply triggers concurrent CGST and SGST.
Classification as Inter-State Supply or Intra-State Supply depends on the supplier's location and the place of supply: different states or supplies involving imports, exports, or SEZs attract IGST, while supplies within the same state attract concurrent CGST and SGST. Intra-state supplies result in CGST and SGST collected by the vendor and apportioned to central and state governments; inter-state supplies are taxed under IGST. Valuation for both types is based on the same price or value principles under the governing GST valuation provisions. (AI Summary)
Author
Date 02 May 2024
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Intermediary services rule alters place of supply, affecting export qualification and tax treatment of cross border service bundles.
Intermediary services determine the place of supply and thus whether a cross border provision qualifies as an export of services; an intermediary facilitates a supply between two principals and does not supply on its own account. Services provided on a principal to principal basis (marketing, support, market research, sales promotion when rendered directly to the foreign principal) are generally non intermediary, whereas facilitation involving three parties supports intermediary character. Taxpayers should analyse and document the nature of each service within bundled arrangements to determine applicable tax treatment. (AI Summary)
Author
Date 02 May 2024
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Procedural fairness: assessment order set aside where taxpayer couldn't reply due to cancelled GST registration.
Assessment order was set aside because the petitioner, whose GST registration had been cancelled before notices were uploaded, was not given time to reply to a show cause notice issued immediately after a Form GST ASMT-10 notice; the court found a violation of principles of natural justice and remitted the matter for reconsideration. (AI Summary)
Author
Date 02 May 2024
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Long term capital gains on penny stocks hinge on proof of actual sale and procedural fairness, shaping appellate outcomes.
Supreme Court orders on alleged bogus capital gains arising from sales of low priced shares emphasize factual proof of actual delivery and banking realization and procedural fairness; when assessees furnished demat transfer evidence and sale proceeds through bank channels, tribunals and high courts often deleted additions and the Supreme Court dismissed revenue SLPs, whereas lack of documentary support or denial of the right to cross examine entry providers led to adverse findings. Condonation of delay in filing SLPs has produced differing consequences, sometimes leaving questions of law open. (AI Summary)
Date 01 May 2024
Replies 1 Reply
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Access to finance and regulatory compliance shape consultancy strategies for MSMEs, enabling digital adoption and policy engagement.
Access to finance and regulatory compliance are identified as principal constraints on MSME growth; consultants concentrate on bridging financing gaps, navigating licensing and permit regimes, and advising on statutory compliance. They implement operational restructuring, market-entry strategies, and digital solutions-ensuring technological adoption aligns with regulatory obligations-and engage in policy advocacy to promote streamlined procedures, enhanced credit access, infrastructure investment, and incentives that facilitate MSME participation in government schemes. (AI Summary)
Date 01 May 2024
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Form 16A password: PAN first five uppercase characters plus date of birth in DDMMYYYY format opens TDS certificate PDFs.
Form 16A is the TDS certificate for income other than salary, issued by the deductor after TDS deposit and available on TRACES. The PDF is password-protected; the password equals the first five characters of the PAN in uppercase followed by the deductee's date of birth in DDMMYYYY format, enabling access to verify TDS details reflected in Form 26AS. (AI Summary)
Author
Date 01 May 2024
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SEZ units furnishing LUT can avoid GST under reverse charge for DTA-procured services when notification conditions are met.
SEZ units that furnish a Letter of Undertaking or bond may procure services from DTA suppliers for authorized SEZ operations without payment of IGST under the Reverse Charge Mechanism, provided the LUT or bond is furnished as prescribed; the SEZ unit is treated as the deemed supplier for compliance and must meet the notification's conditions and procedural requirements for zero-rated treatment. (AI Summary)
Author
Date 01 May 2024
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Appointment of independent director over 75: board may appoint subject to shareholder special resolution within prescribed period.
The board may appoint an individual as an additional independent director who will hold office until the next general meeting; if the appointee has attained the LODR age threshold, shareholder confirmation by special resolution must be obtained at the next general meeting or within the prescribed short period. Where the board's interim appointment is followed by the required special resolution within that period, penalties based on a requirement of prior approval are not sustainable. (AI Summary)
Date 30 Apr 2024
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GST reform proposals seek rate rationalization and simplification to expand the tax base and streamline compliance measures.
Recent GST developments combine macroeconomic context and administrative reform: emphasis on GST rate rationalization toward the Revenue Neutral Rate, targeted administrative reliefs including a specific interest waiver for delayed GSTR 3B filers, rescinded and reissued special procedures for certain manufacturers with an extended implementation date, mandatory self enablement for e invoicing above specified turnover thresholds, auto population of HSN in GSTR 1, reset and re filing of affected GSTR 3B returns, and enhanced CGST-SGST joint audit coordination; high risk sectors and voluntary compliance protocols were also highlighted. (AI Summary)
Date 30 Apr 2024
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Prospective application of section 115BBE: higher tax provision applies only from its effective assessment year onward.
The Supreme Court observed that Section 115BBE is prospective in operation and therefore does not apply to assessment years prior to its effective date; the provision, inserted by legislative amendment effective from assessment year 2013-14, may be invoked for unexplained income additions arising from unrecorded or confiscated assets going forward but not retrospectively to earlier assessment years. (AI Summary)
Date 30 Apr 2024
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Leave policy compliance ensures statutory and employer entitlements, procedural safeguards and workplace wellbeing for employees.
Leave policy requirements in India cover statutory and employer-provided entitlements (casual, sick, earned, maternity, paternity, bereavement, compensatory and study leave) and require employers to define eligibility, accrual, grant and utilisation procedures, align company rules with statutory minima and state variations, maintain documentation and tracking systems, and protect employees through dispute-resolution safeguards and prohibition of termination during leave. (AI Summary)
Author
Date 30 Apr 2024
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Low tax effect limits routine Customs appeals to higher courts under CBIC instructions, narrowing departmental appeal scope.
Section 131BA authorises the Board to set monetary thresholds for filing departmental appeals and the CBIC's instructions dated 02.11.2023 fix limits below which appeals by Principal Commissioners/Commissioners of Customs to appellate bodies should not be filed, while exempting constitutional challenges, findings of illegality or ultra vires, and legal or recurring classification and refund issues; appellate practice has applied the resulting low tax effect criterion to refuse departmental appeals that fall beneath these thresholds, conserving resources for matters of broader legal significance. (AI Summary)
Date 29 Apr 2024
Replies 1 Reply
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Duty drawback entitlement lets exporters recover customs duty on imported inputs used in exports, subject to eligibility and recovery rules.
The duty drawback scheme reimburses customs duty paid on imported or excisable inputs used in exported goods, subject to procedural proof and exclusions. Drawback is barred where export proceeds are not realized, inputs were duty exempt or benefited otherwise, or goods fall within specified ineligible categories; packaging restrictions apply to certain jute products. Rates are set by reference to inputs, waste and packaging duties, with applications permitted for specific or provisional determinations. Recovery follows failure to prove realization, with proportional adjustment and possible penalties, while later realization may restore refunded drawback. (AI Summary)
Date 29 Apr 2024
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Input Tax Credit of IGST available regardless of place of supply, enabling offset and appropriation to recipient's State.
A registered person may claim Input Tax Credit of IGST irrespective of the place of supply being in a different State, provided the conditions of section 16 (and restrictions under section 17) are met and the tax qualifies as "input tax" under the IGST Act; when such IGST is utilised to discharge CGST/SGST liabilities the IGST account is reduced and the amount is transferred or apportioned to the "appropriate State" (the State of the recipient's registration) under section 18 and the GST settlement rules, with GSTN reporting transfers via the GST STL forms based on GSTR-3B offsets. (AI Summary)
Author
Date 29 Apr 2024
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Additional grounds of appeal in GST: discretionary admission subject to non-willful omission and procedural show-cause safeguards.
Section 107(10) allows discretionary admission of additional grounds of appeal if omission was not wilful or unreasonable. Under section 107, the appellate authority must, after necessary inquiry, pass a written order confirming, modifying, or annulling the appealed order; impose enhanced penalties or reduce refunds only after a reasonable opportunity to show cause; issue demands for unpaid tax or erroneous refunds only after notice and within limitation periods; and record points, decisions and reasons, communicate the order to parties and commissioners, and preferably decide within one year. (AI Summary)
Date 28 Apr 2024