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Depreciation on ATMs treated as computers, enabling higher tax depreciation where functional and networked characteristics exist.
Classification of ATMs as either computer equipment or plant and machinery determines income tax depreciation rates. Where ATMs perform data input, processing, storage and output functions and are computerized and networked in the assessee's business, tribunal precedent applies a functional test and has treated ATMs as computers, directing allowance of higher depreciation claimed by the assessee instead of the lower rate for ordinary plant and machinery. (AI Summary)
Date 27 Sep 2023
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Failure to carry statutory transport documents can be treated as willful tax evasion, leading to tax and penalty liability.
Failure to carry prescribed transport documents during transit may be treated as a wilful act of tax evasion when the owner or consignor cannot satisfactorily explain their absence. Owners/dealers bear the burden to substantiate reasons for non-possession; post-Show Cause production of documents may not be accepted to negate charges of transporting goods without statutory documents, and adjudicating authorities may impose tax and penalties where genuineness of transport is not established. (AI Summary)
Author
Date 27 Sep 2023
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Moratorium under the Insolvency Code does not bar proceedings favoring the corporate debtor; refund interest accrues after waiting period.
The moratorium under the Insolvency Code is intended to stay debt-recovery actions that would diminish or dissipate the corporate debtor's assets; proceedings that are in the debtor's favour and do not threaten the asset pool may continue. Under the customs refund regime, interest on a refund accrues from the expiry of the three-month period after receipt of the refund application until the date the refund is granted, subject to delays caused by legitimate litigation or procedural hurdles. (AI Summary)
Date 26 Sep 2023
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Form 10B/10BB compliance extended, easing reporting burden for charitable organisations facing expanded audit reporting requirements.
Revised Forms 10B and 10BB require auditors to bifurcate electronic and non electronic payments and to complete expanded clauses and schedules, while ITR 7 now demands historical data and detailed breakdowns; delayed utilities and online only filing requirements created practical barriers, and the tax administration issued a circular extending filing deadlines to allow adjustment, with noncompliance risking disallowance of exemptions. (AI Summary)
Author
Date 26 Sep 2023
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Requirement of Specific Reasons: GST registration cannot be cancelled without stated grounds and opportunity to reply.
GST registration cancellation cannot be sustained where the authority issues a show cause notice alleging fraud, wilful misstatement or suppression of facts but fails to specify particulars, does not consider the taxpayer's reply, and issues an order that only refers to the notice without stating reasons; such non reasoned notices and orders violate natural justice and require clear, specific grounds and reasoned orders before cancellation under the CGST regime. (AI Summary)
Author
Date 26 Sep 2023
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Post incorporation compliances require maintaining statutory registers, registered office, disclosures, meetings, and appointing the first auditor.
Post incorporation compliance requires a Private Limited Company to open a bank account, maintain accrual basis accounting and statutory registers, affix a company name/seal, issue share certificates within sixty days, hold the first board meeting within thirty days with required director disclosures, establish a registered office within thirty days, obtain a commencement certificate within 180 days by declaring subscriber payments, and appoint the first auditor within thirty days (or by members if the Board fails). (AI Summary)
Author
Date 25 Sep 2023
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Works contract classification: general electrical wiring and fitting not treated as works contract service under service tax law.
Classification hinges on whether services involve erection, commissioning or installation of electrical or electronic devices; general electrification consisting of laying wires, wiring and fitting and supply of electrical material does not meet the works contract threshold. Absent invoices or evidence of installation-type activities, a service tax demand cannot be sustained as a works contract service. (AI Summary)
Author
Date 25 Sep 2023
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E-invoicing requirement: supplies to government require B2B e-invoices when turnover threshold is met, and GSTN geocoding and tribunal benches announced.
Buoyancy in GST collections continues alongside administrative focus on trade facilitation and GST audits; income tax tax-audits now require GST reporting. The government has notified multiple GSTAT benches to create a unified appellate structure. GSTN advisories implement one-time geocoding of business addresses with no post-submission revisions and note record e way bill generation. Clarifications require suppliers whose turnover exceeds the e invoicing threshold to issue B2B e invoices to government entities using the entity GSTIN. (AI Summary)
Date 25 Sep 2023
Replies 1 Reply
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Ayurvedic medicament classification preserved when active ingredients are Ayurvedic; preservatives do not alter tariff classification.
Non active constituents like preservatives, excipients, binders, carriers or fillers do not alter classification when the active ingredients are Ayurvedic and the product is sold as an Ayurvedic medicine; the product should be treated as an Ayurvedic medicament where Ayurvedic authoritative texts list the active ingredients, and the matter was remitted for reconsideration applying these criteria and controlling Supreme Court tests. (AI Summary)
Author
Date 25 Sep 2023
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CIRP filing requirements now mandate detailed debt chronology and enhanced cooperation with resolution professionals in the insolvency process.
The amendments require creditors to file detailed evidence including a chronology of debt and default; impose obligations on corporate debtor personnel to assist and hand over records and assets to the IRP/RP with inventory and witness signatures; revise claim submission and verification procedures including allowance for late claims with reasons and IRP/RP categorization and notification; mandate disclosure of debt assignments during CIRP; expand mechanisms for replacing authorized representatives and increase their remuneration; permit committee-proposed audits treated as insolvency costs; and tighten timelines for information memoranda and requests for resolution plans. (AI Summary)
Date 23 Sep 2023
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Input Tax Credit denial based on GSTR-2A non-reflection cannot stand; recipient may claim ITC on self-assessment.
ITC cannot be denied solely because a transaction is not reflected in GSTR-2A if the recipient meets Section 16(2) conditions and can prove payment to the supplier; absence from GSTR-2A is a facilitative issue per CBIC guidance and does not negate the recipient's right to claim ITC on self-assessment. The court remanded the matter for the adjudicating authority to give the recipient an opportunity to substantiate the bona fide ITC claim and address any supplier non-remittance separately. (AI Summary)
Author
Date 23 Sep 2023
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Initiation of insolvency proceedings: a later finalised creditor petition may proceed despite an earlier pending appeal.
Section 7 permits a financial creditor to initiate CIRP by filing an application with evidence of default, proposing an interim resolution professional, and supplying specified particulars; the Adjudicating Authority admits a complete application showing default and no disciplinary impediment to the proposed professional. When multiple Section 7 petitions against one corporate debtor exist, a later petition whose adjudicatory order has attained finality should not be rendered inoperative solely by pendency of an earlier appeal, and the intervening creditor may seek restoration so the tribunal can pass fresh orders considering finality and other proceedings. (AI Summary)
Date 23 Sep 2023
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Cenvat credit on telecom towers affirmed: pre-fabricated shelters and tower materials qualify as inputs for service providers.
Cenvat credit is available on pre-fabricated shelters, towers and tower materials used by a telecom network infrastructure support service provider because such movable components received in CKD condition and used with antenna and BTS equipment constitute inputs. Applying the essential-ingredient principle and existing precedents, the tribunal held these items qualify as inputs and allowed Cenvat credit, setting aside the adjudicating authority's demand order. (AI Summary)
Author
Date 23 Sep 2023
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Value of supply in online gaming includes total deposits; refunds not deductible under rules 31B and 31C affecting GST treatment
Rule 31B defines value of supply for online gaming as the total amount paid or deposited with the supplier by or on behalf of the player, including virtual digital assets, with refunds not deductible; Rule 31C applies the same rule to actionable claims in casino for tokens, chips, coins or tickets or participation where such instruments are not required. The shared explanation specifies that winnings used by the player for further play without withdrawal are not considered amounts paid or deposited with the supplier, thereby excluding such winnings from the taxable entry point. (AI Summary)
Author
Date 22 Sep 2023
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Tax audit thresholds determine which taxpayers must obtain audited accounts and file audit reports by prescribed due dates.
A statutory framework requires certain taxpayers to obtain an audit under Section 44AB where business turnover or professional receipts exceed prescribed thresholds, and for specified cases under the presumptive taxation regime. Required filings include the tax audit report and statutory audit forms (Form 3CA and Form 3CD) by the due date for the assessment year, with an extended due date when transfer pricing audit applies. Non-compliance attracts a monetary penalty under Section 271B based on turnover or gross receipts, subject to a statutory cap. (AI Summary)
Author
Date 22 Sep 2023
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Mediation: New Mediation Act integrates mediation across statutes, enabling referrals and mandatory pre litigation mediation procedures.
The Mediation Act embeds mediation across multiple statutes by replacing or amending existing conciliation and settlement provisions to permit and encourage disputes to be referred to mediation (including court annexed or external service providers), to require pre institution mediation in specified commercial suits, to allow mediation panels and service providers to conduct mediations and file mediated settlement agreements, and to provide that unresolved mediations may be channelled back to arbitration under existing arbitration provisions. (AI Summary)
Date 22 Sep 2023
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Input Tax Credit entitlement limited where canteen provided to contract workers is not obligatory, hence ITC denied for such supplies.
ITC on canteen services is available only for supplies the payer is legally obligated to provide; subsidised canteen for direct employees is treated as a non supply per the GST circular and ITC is limited to the cost borne by the applicant. Contract workers are not employees of the applicant, recovery from them for third party canteen services constitutes taxable outward supply, and no ITC is allowable where there is no statutory obligation to provide such canteen facilities. (AI Summary)
Author
Date 22 Sep 2023
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Cancellation of GST registration requires filing the prescribed application, clearing dues, and submitting a final return post-cancellation.
Cancellation of GST registration requires filing a prescribed application in Form GST REG-16 on the GST portal stating the reason and effective date; applicants must file all pending returns and pay outstanding taxes, interest, or penalties. The tax officer may request additional information and will issue a cancellation order after verification. After cancellation, the person or entity must file a final GST return in Form GSTR-10 within the post-cancellation period to conclude compliance. (AI Summary)
Author
Date 21 Sep 2023
Replies 1 Reply
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Mediation framework promotes enforceable mediated settlements and institutional, online, and community mediation processes.
The Mediation Act creates a national framework to promote mediation-especially institutional, online and community mediation-by making mediated settlement agreements enforceable, providing for mediator registration, defining scope and applicability within India and for certain international or government-related disputes, and specifying matters excluded from mediation while granting the Act overriding effect subject to specified enactments. (AI Summary)
Date 21 Sep 2023
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Input tax credit entitlement limited by statutory conditions; delayed return filing can bar credit under Section 16(4).
The statutory scheme treats input tax credit (ITC) as a concession available only upon satisfaction of prescribed conditions; Section 16(4) bars claim of credit beyond the time limits set by the Act. Temporal restrictions on claiming ITC are not an unconditional property right but a conditional benefit, and established principles that concessions must be strictly availed support the provision's constitutional validity against challenges alleging infringement of trade freedoms or vested rights. (AI Summary)
Author
Date 21 Sep 2023