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Mixed supply classification means highest applicable GST rate applies to solar-powered submersible pumps on invoice.
Solar-powered submersible pumps comprising solar panels, controller/convertor and the pump are separate, independently functioning goods and thus constitute a mixed supply, not a composite supply; under the CGST rule that the highest applicable tax rate on constituent supplies governs mixed supplies, GST must be levied at the highest applicable rate and the corresponding HSN code used on the invoice. (AI Summary)
Author
Date 15 Apr 2024
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Business reorganisation modified returns procedure: successors may file revised returns after tribunal-sanctioned reorganisation following prescribed steps.
Section 170A requires a successor entity to furnish a modified return limited to the tribunal- or court-ordered business reorganisation for affected assessment years. The revenue board has provided a temporary e-filing process for successors whose reorganisation orders predate the statute's operative date: notify the jurisdictional assessing officer by the prescribed communication deadline, secure JAO verification that the return is limited to the sanctioned reorganisation and enablement via the IT system, and electronically file the modified return on the e-filing portal by the specified final deadline. (AI Summary)
Author
Date 13 Apr 2024
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Data-driven decision-making empowers SMEs to improve competitiveness, manage risk, and enhance efficiency through analytics and innovation.
Data-driven decision-making enables SMEs to convert market, customer, and sales data into actionable insights for adjusting products and strategies, improving resource allocation and operational efficiency, and enhancing risk management. Regular monitoring of key performance indicators and analysis of historical transactions supports timely mitigation of financial, operational, and regulatory threats, while customer segmentation enables targeted engagement. Adoption barriers include limited resources and skills, requiring investment in analytics tools, capacity building, and a data-centric organisational mindset. (AI Summary)
Date 13 Apr 2024
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Trademark distinctiveness: marks must be memorable, non descriptive, and registrable to secure exclusive use and protection.
An effective trademark must be distinctive, easy to pronounce and remember, concise, and composed of unique designs or coined words; marks that are descriptive of quality or fall within prohibited statutory classes are unsuitable. Registration requires filing with the designated trademark authority and adherence to legal requirements, with professional advice recommended to ensure compliance and secure enforceable rights to use the mark on specified goods or services. (AI Summary)
Author
Date 13 Apr 2024
Replies 1 Reply
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GST investigation guidelines tighten supervisory duties and procedural safeguards to reduce taxpayer harassment during probes.
Amendment consolidates membership of the Appellate Authority for Advance Ruling for Dadra & Nagar Haveli and Daman & Diu effective 28.03.2024. CBIC guidelines require (Pr.) Commissioners to develop, approve and conclude investigations, ensure inter formation intelligence sharing and permit closure where no objectionable matter is found. DGGI SOP confines investigations to zonal units, excludes audit matters, and mandates specific, time bound summons to minimise taxpayer harassment. CBIC Preventive Vigilance SOP for elections establishes central and state control rooms, nodal officers and real time seizure reporting to coordinate enforcement. (AI Summary)
Date 13 Apr 2024
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Invalid registration deposit cannot be retained; online appeals filed within limitation are curable despite procedural deficiencies.
Tax deposited under a cancelled GST registration is not a valid tax collection and cannot be retained by authorities; amounts paid under a non-existent registration must be treated as lacking legal basis. Where an appeal or refund application is registered online within the statutory limitation, procedural deficiencies (such as missing physical documents) are curable and do not render the proceeding time barred; authorities must permit rectification and examine the substantive claim rather than reject it on hyper technical grounds. (AI Summary)
Author
Date 13 Apr 2024
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GST on online gaming may apply based on service classification and business model, affecting taxation obligations.
The imposition of Goods and Services Tax on online gaming depends on transactional character and commercial models. Platforms supplying virtual goods, in-game purchases, subscriptions, or paid access to premium features are treated as providing taxable goods or services and may attract GST. The platform's role-direct seller, facilitator, or digital service provider-determines liability allocation. Place of supply rules and cross-border provision trigger IGST considerations for users outside India, while turnover thresholds and potential exemptions affect registration and compliance obligations. (AI Summary)
Author
Date 12 Apr 2024
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Consideration of HSN Explanatory Notes required-assessing officer must objectively review taxpayer materials before concluding assessments.
Assessing officers must consider taxpayer submissions, including HSN Explanatory Notes and relevant judicial guidance, with an open and objective mind before concluding assessments; issuance of a show cause notice that quantifies demand without engaging with materials placed on record is prima facie indicative of pre judgment and requires reassessment, and coordinated administrative frameworks such as joint audits may aid correct classification and procedural fairness. (AI Summary)
Author
Date 12 Apr 2024
Replies 2 Replies
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Bank acceptance of a bill creates an independent contractual undertaking making the accepting bank liable on maturity.
Where a bill of exchange is accepted by a bank, that acceptance creates a separate and independent contractual undertaking by the accepting bank, rendering it liable as an acceptor under Section 37 of the Negotiable Instruments Act. An acceptance communicated via recognised interbank messaging (e.g., SFMS/MT 754) specifying a due date ordinarily evidences an assurance to pay on maturity, converting the accepting bank into a principal debtor on the instrument unless a contrary contract or clear evidence negates that undertaking. (AI Summary)
Date 12 Apr 2024
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Notice intimation failure: uploading SCN under a nonstandard portal category does not suffice, requiring fresh adjudication.
The court found that uploading a Show Cause Notice on the GST portal in a nonstandard, less discoverable "Additional Notices" category did not amount to sufficient intimation and thus the demand order based on an unresponded SCN was set aside. The SCN must be re-adjudicated after the petitioner is allowed to file a response and given a personal hearing, because placement of notices on the portal must permit effective receipt consistent with principles of natural justice. (AI Summary)
Author
Date 12 Apr 2024
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GST appeals procedure: certification gateway and Principal Bench direct appeals shape appellate escalation and enforcement.
Appeals under the GST regime permit escalation where the High Court certifies a case as fit for appeal or where a direct appeal arises from the Principal Bench of the Appellate Tribunal; certification by the High Court on its own motion or immediate oral application is the gateway, and the Principal Bench's jurisdictional determinations, including place-of-supply issues, can found direct appeals. Ancillary rules address framing questions of law, discretionary costs, effect of appellate reversal or variation, and procedural mechanisms for giving effect to appellate orders, with a prescribed form for issuing the final amount of demand confirmed by higher appellate orders. (AI Summary)
Date 10 Apr 2024
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Classification of EPC construction services under construction heading confirms GST rate applicability for sulphate removal plant.
The AAAR held that EPC activities for construction of a Sulphate Removal Plant are not support services to oil and gas extraction nor exploration/mining services, and are properly classifiable under SAC Heading No. 9954 as construction services for mines and industrial plants; the deleted rate entry precluded reliance on the earlier rate and the supplies attract the tax rate prescribed for construction services in the amended CGST and corresponding SGST notifications. (AI Summary)
Author
Date 10 Apr 2024
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Reverse charge on ocean freight: FOB importers not liable where IGST on assessable value covers freight.
The question is whether reverse charge liability on ocean freight applies to FOB imports. Drawing on Mohit Minerals and later clarification, the same composite-supply reasoning extends to FOB contracts: when freight is included in assessable value and IGST is paid on import clearance, a separate reverse charge on ocean freight for the importer cannot be imposed as it would duplicate tax already discharged. (AI Summary)
Author
Date 10 Apr 2024
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Valuation of shares: prescribed DCF method cannot be displaced by revenue without evidence of tax-abuse motive.
When a taxpayer adopts the prescribed Discounted Cash Flow method under Rule 11UA and produces a compliant valuation based on management projections and professional assumptions, the Assessing Officer has no express statutory power to substitute his own DCF inputs or conduct a fresh DCF without specific legal basis; challenges should allege demonstrable defects or that the premium issuance was a device for tax abuse, since DCF valuations reflect forecasted business risk and are inherently approximate. (AI Summary)
Author
Date 10 Apr 2024
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Superintendent jurisdiction limits: order issued beyond prescribed monetary threshold declared without jurisdiction and quashed.
The High Court held that the Superintendent exceeded the delegated monetary jurisdiction under the administrative circular when disallowing input tax credit for an amount beyond the Superintendent's prescribed competence; the impugned order was therefore without jurisdiction and was quashed, with liberty granted to the department to initiate fresh proceedings in accordance with law. (AI Summary)
Author
Date 10 Apr 2024
Replies 2 Replies
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Holding company control and asset protection define ownership, tax and risk allocation between parent and subsidiary entities.
Differences between holding and auxiliary companies turn on ownership, control, operational autonomy, tax treatment, risk allocation and strategic investment. A holding company is an asset holder that obtains control through majority voting ownership, supervises without running day-to-day operations, enables diversification and creates a layer of asset protection by isolating subsidiary liabilities. An auxiliary company is a separate legal entity operating under the parent's strategic framework with independent operations; its tax and regulatory treatment is distinct and influenced by inter-entity transactions and transfer pricing, while it benefits from parent support and resources. (AI Summary)
Author
Date 09 Apr 2024
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Binding effect of civil findings over criminal proceedings can limit criminal assessment where civil court has determined the transaction's legal character.
Where civil and criminal proceedings arise from the same transaction, civil findings as to the legal character of that transaction can be binding on criminal courts for purposes affecting sentence or damages, but there is no absolute rule making decisions in one forum determinative in the other; differing standards of proof, the need for timely criminal justice, and the risk of embarrassment guide courts in deciding whether to give conclusive effect to a prior civil decree. (AI Summary)
Date 09 Apr 2024
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Statutory interest on delayed refunds is payable automatically after the sixty day period, accruing until refund credit.
Statutory interest under Section 56 of the CGST Act accrues automatically from the day after the sixty day period following receipt of a refund application until the date the refund is credited to the applicant's bank account; the entitlement does not depend on a separate claim and interest is calculated as clarified by Circular No. 125/44/2019. (AI Summary)
Author
Date 09 Apr 2024
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Agricultural produce definition under GST determines exemption for support services and transport when farm-level processing is retained.
The article explains that Notifications 11/2017 and 12/2017 exempt support services (Heading 9986) and specified transportation (Headings 9965/9967) in respect of "agricultural produce", defined as produce from cultivation or rearing (excluding horses) on which either no further processing is done, or only such processing as is usually done by a cultivator that does not alter essential characteristics and only makes it marketable for the primary market. Key operational tests include immateriality of ownership, permissible farm-level processes, non-determinative location of processing, and the distinction between primary-market marketability and specialised processing that removes exemption. (AI Summary)
Author
Date 09 Apr 2024
Replies 1 Reply
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Transfer of leasehold rights treated as a taxable service, with exemption for initial govt allotments unavailable for private transfers.
Consideration for agreeing to transfer an existing leasehold interest, where the transferor's lease rights are extinguished on assignment and no new land benefits are created, is a supply of service under Schedule II. That consideration is classifiable as Other miscellaneous service and subject to the applicable GST treatment for such services. Exemptions limited to one-time upfront amounts on initial long-term industrial allotments by State Government industrial development entities do not apply to subsequent transfers by private lessees. (AI Summary)
Author
Date 09 Apr 2024