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Jurisdictional defect in GST notices after amalgamation: proceedings cannot begin against a dissolved company or dead legal entity.
GST proceedings initiated by show cause notice must be addressed to a person who exists in law; a notice issued in the name of a company that has ceased to exist after amalgamation is a jurisdictional defect and not a mere clerical error. The notice cannot validly be issued to the non-existent entity, even if the alleged liability relates to a period before the merger. Section 87 preserves the possibility of recovering liabilities arising in merger situations, but it does not revive a dissolved company or authorise issuance of a notice to a dead entity. (AI Summary)
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Date 01 Jul 2026
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Customs penalty under section 112(b) needs proof of foreign origin, conscious knowledge, and real nexus with the goods.
Penalty under Section 112(b) of the Customs Act, 1962 requires clinching proof of foreign origin, conscious knowledge of smuggling, and a physical nexus with the goods. Mere presumptions, laboratory inference, or uncorroborated confessional statements are insufficient to sustain penal liability. (AI Summary)
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Date 01 Jul 2026
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Correct GST provision matters: wrong section and penalty mismatch led to quashing and fresh proceedings under the proper provision.
GST adjudication orders must be passed under the correct provision applicable to the relevant financial year, because the sections governing assessment and penalty are mutually exclusive. The article notes that a demand order for financial year 2024-25 was issued under section 74A but finally passed under section 74 with 100% penalty, even though section 74A would attract only 50% penalty. The Madras High Court held that this could not be treated as a mere error in citation, quashed the order, and allowed fresh proceedings under section 74A. (AI Summary)
Date 01 Jul 2026
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Actual cost of depreciable assets: 2025 Act retains the old framework but may widen litigation over depreciation calculations.
The concept of actual cost remains central to depreciation, capital gains and related tax adjustments under the Income-tax Act, 1961 and the Income-tax Act, 2025. The commentary says the 2025 Act broadly continues the 1961 theme, but recasts the rules into a consolidated computation provision with formulae, illustrations and special cases. Section 39 reduces actual cost by specified amounts such as third-party funding, credit-linked taxes, subsidies and cash payments above the prescribed limit, and also covers special acquisition situations, apportionment of subsidies, interest after first use and anti-avoidance assessment of transferred assets. (AI Summary)
Date 01 Jul 2026
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Food safety licensing reforms introduce perpetual validity, deemed registration, instant registration, and risk-based inspection for food businesses.
Food safety licensing and registration reforms replace renewal-based regulation with perpetual validity of licences and registrations, subject to continuing compliance with annual fees, returns, hygiene standards and food safety norms. The amended framework expands petty food business coverage, introduces instant registration, and provides deemed registration for street vendors already registered under the street vending law, while leaving substantive food safety obligations intact. It also revises turnover thresholds, introduces a risk-based inspection regime, and enables third-party food safety audits at the operator's cost when directed by the regulator. (AI Summary)
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Date 01 Jul 2026
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Confidential IPO filing under SEBI's disclosure framework balances issuer privacy with investor protection and full public disclosure before launch.
The Confidential IPO Filing Route under the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 permits eligible issuers to submit a Draft Red Herring Prospectus privately to SEBI before public disclosure. The framework is designed to protect commercially sensitive information, reduce reputational risk from premature announcements or withdrawn offerings, and support capital formation while preserving investor safeguards. SEBI reviews the draft confidentially, issues observations, and requires full public disclosure before the IPO opens. (AI Summary)
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Date 01 Jul 2026
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Certificate of Origin rules govern customs duty treatment, FTA benefits, and trade compliance for internationally traded goods.
A Certificate of Origin (COO) certifies the country in which goods are manufactured, produced, or substantially processed, and serves as a key trade document for customs authorities, buyers, and trade agreement administration. It is used to determine customs duty treatment, import eligibility, and compliance with preferential trade arrangements, including free trade agreement benefits such as reduced or zero duty. Origin determination depends on rules such as wholly obtained goods, substantial transformation, value addition, change in tariff classification, regional value content, and specific manufacturing process requirements. (AI Summary)
Author
Date 01 Jul 2026
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Taxation for industrial competitiveness drives innovation, exports, and investment through stable policy, digital compliance, and targeted incentives.
Taxation is presented as a policy instrument for industrial growth, trade competitiveness, innovation, investment, employment, and sustainable economic development. The article compares the tax ecosystems of the United States, Germany, France, the United Kingdom, China, Japan, South Korea, Australia, and India, highlighting how moderate corporate tax rates, simple compliance, targeted incentives, policy stability, efficient administration, and support for innovation shape business competitiveness. It also identifies shared lessons on digital administration, R&D incentives, SME support, export orientation, transparent governance, and stable long-term industrial policy. (AI Summary)
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Date 01 Jul 2026
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Bill of Lading governs cargo receipt, title transfer, and trade finance in sea shipping.
A Bill of Lading is a central maritime trade document that operates as a receipt for goods, evidence of the contract of carriage, and in many cases a document of title representing ownership of ocean cargo. It is issued by the carrier after goods are received for shipment and is used to identify the shipment, record cargo particulars, define freight and liability terms, and support release of goods at the destination port. The document is governed by international maritime conventions, carrier rules, customs law, and trade practices, and it is treated as essential for customs clearance, shipment verification, and trade finance. (AI Summary)
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Date 01 Jul 2026
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Classification of interactive display systems as automatic data processing machines was reaffirmed, with judicial discipline binding subordinate revenue officers.
Interactive Display Systems or "Viewboards" equipped with a built-in CPU, operating system, processing capability and touch-enabled interactive interface were classifiable under CTH 8471 4190 as automatic data processing machines, rather than under CTI 8528 5200 as monitors designed for use with an ADP machine. The Tribunal reiterated that subordinate revenue officers are bound by the decisions of higher appellate forums and must follow them under the principles of judicial discipline. (AI Summary)
Author
Date 30 Jun 2026
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Rs. 10,000 threshold in Income-tax Act 2025 spans cash disallowance, TDS, advance tax, and reporting rules.
The Income-tax Act 2025 retains Rs. 10,000 across several provisions relating to cash payment disallowance, capital expenditure, interest deduction, information reporting, appellate fees, tax deduction at source thresholds, and advance tax. The article states that payments above this amount made otherwise than through specified banking or online modes may be disallowed or otherwise treated under the Act. It further suggests that these limits should be increased upward in view of inflation, wages, compliance practicality, and reduced administrative burden. (AI Summary)
Date 30 Jun 2026
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GST enforcement against small mining lease holders is criticised for composite notices, mechanical fraud claims, and denial of natural justice.
Issuing consolidated show cause notices and composite orders for multiple financial years is described as legally impermissible and prejudicial, because GST compliance, return filing, input tax credit limits, and adjudication are structured year-wise. The article emphasises that limitation under the GST framework is tied to the relevant financial year, and that bunching different years together cannot be used to circumvent statutory time limits or revive barred periods. The discussion also criticises the mechanical invocation of Section 74 without establishing mens rea, and the use of undisclosed third-party material in breach of natural justice. (AI Summary)
Date 30 Jun 2026
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Section 161 rectification under GST can extend appeal timelines and correct apparent errors in tax orders.
Section 161 of the CGST Act, 2017 permits rectification of an order for an error apparent on the face of the record, with the application to be made within three months and disposed of within six months. The article stresses that a rectification order may affect limitation for further appeal, and that taxpayers should scrutinise orders for mistakes in statutory references, tax, interest, and penalty. (AI Summary)
Date 30 Jun 2026
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Personal guarantor insolvency filings require timely, accurate forms, creditor verification, repayment plan reporting, and digital submission compliance.
The insolvency resolution process for personal guarantors to corporate debtors requires the Resolution Professional to manage applications under sections 94 and 95, verify claims, prepare the creditors' list, facilitate a repayment plan, and file the plan for NCLT approval. Regulation 23 requires filing of notified Forms with enclosures within prescribed timelines, with accuracy and completeness, and delays attract a fee per month. The Board may take action, including refusal to issue or renew Authorisation for Assignment, for failure to file, inaccurate filing, or delay. (AI Summary)
Date 30 Jun 2026
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Pre-deposit for GST appeals now centers on reduced tribunal requirements, penalty-only cases, and adjustment of DRC-03 payments.
Pre-deposit for GST tribunal appeals requires payment of the admitted portion of tax, interest, fine, fee and penalty, together with a prescribed percentage of the disputed amount. The framework applies to cross objections as well, and the amount in dispute includes tax determined, fee, fine and penalty. The article also notes amendments reducing the pre-deposit burden, including a ten per cent pre-deposit for tribunal appeals and a ten per cent pre-deposit in penalty-only cases, along with adjustment of Form GST DRC-03 payments. (AI Summary)
Date 30 Jun 2026
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Customs concessions and exemptions are conditional trade benefits, requiring strict compliance with notification, origin, and end-use rules.
Customs concessions and exemptions in EXIM trade are conditional mechanisms for reducing or eliminating customs duty under the Customs Act, exemption notifications, customs policy administration, and electronic customs systems. A concession provides partial duty reduction, while an exemption provides full waiver. Availment depends on correct notification claim, proper classification, end-use or export-obligation compliance, documentation, and, for FTA benefits, origin verification under CAROTAR. Misuse may trigger duty recovery, interest, penalty, confiscation, prosecution, and enhanced scrutiny. (AI Summary)
Author
Date 30 Jun 2026
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Airway Bill documentation defines air cargo carriage, customs clearance, shipment tracking, and the shift toward electronic processing.
An Airway Bill (AWB) is the core non-negotiable transport document in air cargo movement, functioning as the contract of carriage between shipper and airline and as proof that goods have been accepted for shipment by air. It is used for tracking, customs clearance, freight billing, shipment identification, and delivery, but it does not transfer ownership or operate as a document of title. The document also explains AWB types, including Master Airway Bill, House Airway Bill, and Direct Airway Bill, and notes the growing use of electronic Airway Bills for paperless processing and faster clearance. (AI Summary)
Author
Date 30 Jun 2026
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Advance Authorization Scheme links duty-free input imports to export obligation, lowering export costs while enforcing compliance.
The Advance Authorization Scheme permits duty-free import of raw materials, inputs, components, intermediates and, in some cases, packing materials for use in the manufacture of export goods, subject to fulfilment of the prescribed export obligation. The scheme is an input-based export promotion mechanism designed to reduce export cost, improve export competitiveness, and keep exports tax-neutral by linking the customs duty exemption to subsequent export performance. Compliance requires physical use of imported inputs in export goods, proper documentation, bond execution, and timely export obligation fulfilment, failing which duty, interest, penalties and bond enforcement may follow. (AI Summary)
Author
Date 30 Jun 2026
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Bill of Entry governs import clearance through customs assessment, duty calculation, compliance checks, and final out of charge approval.
A Bill of Entry is the primary import declaration used for customs clearance of goods entering India. It records the description, value, classification, quantity, origin, importer particulars, and duty particulars of imported goods, and enables Customs to assess duty, verify compliance, and authorise clearance. It is generally required for imports, subject to limited exempt categories, and is filed electronically under the customs framework through the Indian Customs EDI System or ICEGATE. (AI Summary)
Author
Date 30 Jun 2026
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Input Tax Credit on corporate ride-hailing turns on whether point-to-point journeys are passenger transport rather than vehicle rental.
Input Tax Credit eligibility on corporate point-to-point ride-hailing services is analysed by distinguishing Passenger Transport Services from renting, hiring or leasing of motor vehicles under the GST framework. App-based corporate rides are treated as single journey contracts of carriage under SAC 9964, not time-based vehicle rental services under SAC 9966, because they do not transfer continuous custody, possession, or disposal rights over the vehicle. The discussion also refers to judicial principles on effective control and a CBIC clarification that point-to-point bookings are not charters or hires placed at the continuous disposal of the recipient. (AI Summary)
Date 29 Jun 2026