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Concessional tax regime for new manufacturing cooperatives requires prescribed electronic option filing and strict compliance conditions.
A concessional tax regime for new manufacturing cooperative societies permits an elective concessional rate subject to conditions: disallowance of specified deductions and related loss set offs, prescribed depreciation treatment, deeming of prior losses as given full effect, irrevocable option exercised by prescribed due date, separate higher tax treatment for non manufacturing income and excess profits from related party arrangements with arm's length determination, specific treatment for previously used machinery within a value threshold, and electronic filing of Form No.10 IFA under Rule 21AHA to affirm compliance. (AI Summary)
Author
Date 18 Oct 2023
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Transitional credit revenue neutrality bars penalty where reversed wrongful ITC leaves tax liability unchanged under GST framework.
Penalty for wrongly availed Input Tax Credit is not sustainable where the taxpayer debited Transitional Credit to discharge the same tax liability and subsequently reversed the wrongly availed ITC, because there is no net change in tax liability and no loss to the revenue. (AI Summary)
Author
Date 18 Oct 2023
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No route-declaration requirement under GST - route deviation alone cannot justify seizure without cogent documentary evidence.
There is no statutory obligation under GST to disclose the route of transportation; omission of the VAT-era route-declaration cannot be treated as a lacuna to justify seizure. Detention or seizure is permissible only when goods lack genuine statutory documents, and allegations based on vehicle route or unloading sequence require cogent contemporaneous record, including the driver's statement in the prescribed form, to infer intent to evade tax. (AI Summary)
Date 18 Oct 2023
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Works contract classification excludes composite construction with supplied materials from service tax, making tax payable only after statutory effective date.
Composite construction contracts that include supply of materials qualify as works contract for the period prior to the statutory effective date and therefore were not subject to service tax in that period; service tax liability for Business Auxiliary Service, Construction Service and Goods Transport Agency Service arises only from the date those services became taxable, and excess amounts paid for earlier periods are to be refunded. (AI Summary)
Author
Date 18 Oct 2023
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Mandatory return filing by newly incorporated companies can be inapplicable where no previous year or source of income exists.
Where a newly incorporated company or firm has not commenced business and has no source of income or transactions up to 31 March, the period does not generate assessable income or loss and may not constitute a practical previous year. The e-filing system may refuse returns absent accounts and audit, making online filing impossible; in such circumstances filing is not mandatory and cannot be effected through the online portal, and the taxpayer should inform the jurisdictional assessing officer or adopt an accounting period that yields assessable income for the first return. (AI Summary)
Date 17 Oct 2023
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Classification of cryptocurrency as currency alters GST treatment, shifting exchanges to nominal foreign-currency GST regime.
Cryptocurrency exchanges with fiat currently attract GST because cryptocurrencies are treated as virtual digital assets and taxable as supplies of goods. If the monetary authority recognises cryptocurrency as currency, it would qualify as money and fall outside goods-and-services GST treatment; exchanges would instead fall under the separate foreign-currency exchange GST mechanism, yielding a nominal transaction-based levy rather than ordinary GST rates. (AI Summary)
Date 17 Oct 2023
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Copyright services exemption: royalties tied to original artistic works are not taxable as service receipts under the service tax regime.
Payments for Copyright Services connected with Original Artistic Works fall within the statutory exclusion from the defined taxable copyright service, and where the underlying copyright is in an original artistic work, no service tax demand can be sustained on that component of receipts; consequently, demands and penalties attributable solely to such excluded copyright services are not supportable under the service tax provisions. (AI Summary)
Author
Date 17 Oct 2023
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Conversion of loans into equity requires prior shareholder approval; noncompliance exposes company and directors to penalties.
Where a loan carries an option to convert into equity, the terms must be approved by shareholders by special resolution before raising the loan; absent that approval, an allotment in lieu of loan is treated as issuance for consideration other than cash and must comply with the preferential/private placement framework and its procedural safeguards. Mischaracterising such allotment as a rights issue and failing to follow the private placement rules and filing requirements attracts officer-in-default liability and monetary penalties, with reduced scales available for a small company and directions for payment and return filing. (AI Summary)
Date 17 Oct 2023
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Extended period of limitation not automatic; factual foundation required before time barred tax notices are extended.
The Supreme Court determined that the extended period of limitation for issuing a show cause notice is not universally available and must be invoked based on the specific facts of each case. Where multiple audits and prior similar notices existed, the Court found that admonitions about the duty to scrutinise returns were fact specific and do not create a general rule allowing extended limitation solely because returns were not timely scrutinised or records not called. (AI Summary)
Author
Date 17 Oct 2023
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Accounting ethics require confidentiality, independence, competence and fraud vigilance to protect financial reporting integrity.
Accountants must preserve confidentiality, maintain independence and objectivity by avoiding conflicts of interest and improper inducements, and sustain professional competence through ongoing upskilling and due diligence. They are required to detect and report suspected fraud and to exercise professional scepticism in financial review. Professional conduct further requires compliance with corporate filing and governance duties for private companies, including timely statutory submissions and maintenance of registers, with non-compliance risking regulatory penalties and reputational harm. (AI Summary)
Author
Date 16 Oct 2023
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Taxation of corporate guarantees set at a high rate; belated appeals allowed with specified pre deposit conditions.
The Council recommended corporate guarantees attract GST at eighteen percent on actual consideration or one percent of the guarantee value, whichever is higher, while personal guarantees without consideration are valued at zero; it approved an amnesty permitting filing of time barred appeals against certain demand orders up to 31 January 2024 subject to a pre deposit of twelve and a half percent of the tax under dispute with at least twenty percent of that pre deposit debited from the electronic cash ledger. (AI Summary)
Date 16 Oct 2023
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Input Tax Credit denial cannot rest solely on GSTR 2A/GSTR 3B mismatch; evidence must be examined and considered.
A difference between GSTR 2A and GSTR 3B alone does not justify denial of Input Tax Credit; where the assessee adduces credible evidence of a bonafide ITC claim, the tax authority must permit production and examination of that evidence and decide afresh rather than mechanically rejecting the claim on reconciliation discrepancies. (AI Summary)
Author
Date 16 Oct 2023
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Investor protection authority governance defines composition, mandate, tenure safeguards and divisional functions for fund administration.
The text sets out the corporate constitution, composition, appointment sources and qualifying experience for the Investor Education and Protection Fund Authority, its mandate to administer the Fund and process refunds, the tenure and removal safeguards for members, and a six division operational structure (Administration; Investment/Fund Management; Claims and Settlement; Legal and Enforcement; Investor Education and Protection; Finance, Accounts and Audit) with defined functions for investment, claims distribution, legal support, outreach, accounting and reporting. (AI Summary)
Date 16 Oct 2023
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Effective rate on date of clearance determines excise duty liability, so a Nil A.E.D. at clearance governs chargeability.
The levy of Additional Excise Duty is determined by the date of manufacture while the applicable rate is governed by the date of clearance; where goods manufactured earlier are cleared on a date when the effective A.E.D. rate is Nil, the Nil rate on clearance governs chargeability and a demand assessed by reference to the earlier manufacturing date is inconsistent with that principle. (AI Summary)
Author
Date 16 Oct 2023
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Abuse of process where IPC Section 174 proceedings proceed despite compliance with CGST summons procedure.
Proceedings under the Indian Penal Code provision for inquiry into unattended deaths are an abuse of process when summons issued under the CGST Act have been replied to or otherwise entertained; summons under the CGST Act follow Civil Procedure Code procedure and the CGST statutory scheme prescribes limited administrative penalties and specific penal provisions, so initiating general criminal inquiry in place of statutory remedies is improper. (AI Summary)
Author
Date 14 Oct 2023
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Inventory valuation by cost accountants can produce material usable in tax assessments; taxpayers must be heard before use.
Amendments empower Assessing Officers to commission inventory valuations by cost accountants as part of inquiry before assessment, with taxpayers granted an opportunity of being heard before any material from such valuations is used in assessment. Implementation includes a prescribed Inventory Valuation Report requiring disclosure of inventory management systems, valuation methods for specified inventory categories, multi-year inventory ratios, quantitative details of major inventory items, sector-specific valuation treatments, and an open comments field for the cost accountant that may surface adverse matters for assessment. (AI Summary)
Author
Date 14 Oct 2023
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Prospective application of amended refund rule preserves exporters' right to unutilized input tax credit refunds.
The substituted Rule 89(4)(C) capping export turnover is prospective only; the right to refund of unutilized input tax credit accrues on export and may be claimed within two years from the relevant export date. The amendment imposing a ceiling on valuation cannot be applied to determine refunds for periods prior to its effective publication and, where applied retrospectively to deny refunds, is incompatible with the statutory refund scheme and held not applicable. (AI Summary)
Author
Date 14 Oct 2023
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Misdeclaration of imported goods: negligence for failing to query inconsistent documents led to adjusted customs penalties.
Misdeclaration of imported goods-incorrect description, origin, quantity, weight, value or improper notification claims-renders goods liable to confiscation and statutory penalties, including penalties for dealing with confiscation liable goods and enhanced penalties for knowingly using false or incorrect declarations. Documentary inconsistency and failure to query discrepant invoices can establish negligence rather than fraud; in the cited logistics-provider matter the tribunal found negligence for not probing differing invoice descriptions and accordingly adjusted penalties, setting aside the dealing-related penalty and reducing the penalty for false material. (AI Summary)
Date 14 Oct 2023
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GST on employee canteen services: ITC allowed only for the portion of cost borne by the employer.
Deductions from employees' salaries for subsidised canteen services supplied through third party vendors are treated as a supply for GST where the employer procures the service, but ITC on GST charged by canteen service providers is available only to the extent of the cost borne by the employer; ITC claim remains subject to Section 16 and restrictions under Section 49 of the CGST Act. (AI Summary)
Author
Date 14 Oct 2023
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ITR for visa: providing tax returns demonstrates financial stability, tax compliance and supports visa eligibility.
ITR documentation demonstrates financial stability, verifiable sources of income, and tax compliance for visa applicants; it supports claims about ability to fund travel, tuition, and living expenses, evidences ties to the home country, and validates sponsor capacity. Applicants should provide recent years' returns where requested, and where returns are missing must follow late-filing procedures: confirm eligibility to file late returns, gather income and deduction documents, select the correct ITR form, compute penalties and interest, e-file on the official portal, and complete electronic verification. (AI Summary)
Author
Date 13 Oct 2023