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Alternative GST appellate remedy requires exhaustion despite claims that tax adjudication exceeded the show-cause notice's scope.
Alternative statutory remedy under the GST appellate framework ordinarily requires exhaustion before writ jurisdiction is invoked, even where adjudication is alleged to have exceeded the show-cause notice. After a first appeal has been decided, challenges to the validity or jurisdiction of adjudication may be pursued before the GST Appellate Tribunal where that remedy remains available. The continuing appeal period, extension of limitation and reduced pre-deposit requirement support recourse to the appellate mechanism. Recovery is not to proceed during the available period for a further appeal unless considered expedient in the interest of revenue upon recorded reasons. (AI Summary)
Author
Date 20 Aug 2026
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Debt recovery appellate procedure requires timely filing, prescribed documentation, pre-deposit compliance, and adjudication guided by natural justice principles.
Appeals from Debts Recovery Tribunal orders must ordinarily be filed before the jurisdictional Appellate Tribunal within 30 days of receipt, subject to condonation for sufficient cause. The memorandum must be filed in the prescribed form with required paper books, challenged-order copies, and authority documents where applicable. An appellant ordinarily must deposit 75% of the determined debt, though the Appellate Tribunal may waive or reduce the deposit for recorded reasons. The Appellate Tribunal follows natural justice, regulates its own procedure, and has specified civil-court-like powers. (AI Summary)
Date 20 Aug 2026
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Mandatory Section 129 timelines restrict detention penalty powers, preventing delayed orders despite underlying e-way bill contraventions.
Section 129(3) requires a penalty notice within seven days of detention or seizure and a penalty order within seven days from service of notice. These sequential periods are mandatory restraints on coercive detention and penalty powers, not procedural formalities. A timely notice cannot cure a delayed order, and release against security, lack of prejudice, administrative circumstances, or a taxpayer's request for time do not extend limitation. An underlying e-way bill contravention may justify proceedings, but cannot validate a penalty order made after the statutory period. (AI Summary)
Author
Date 20 Aug 2026
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Withdrawal of resignation may fail after competent ratification, relieving, final settlement, and conduct treating separation as complete.
Withdrawal of a tendered resignation depends on competent acceptance, subsequent ratification where initial acceptance lacked authority, and the parties' conduct. Ratification by the legally empowered authority relates back and cures the initial defect. Resignation may become irrevocable where the employee sought early release, accepted final settlement and no-dues formalities, and entered subsequent employment. Although withdrawal before actual relieving is ordinarily recognised, the competent authority may refuse it for recorded and communicated reasons, including a rational finding that the request was opportunistic. (AI Summary)
Date 20 Aug 2026
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Movability of wind turbines depends on functional attachment, relocation and retained identity, not foundations, size or installation complexity.
GST classification of a Wind Turbine Generator turns on whether it remains movable goods despite installation on an earth-embedded foundation. Attachment for stability, safety or operational efficiency is functional and does not alone establish immovability. Where the turbine can be dismantled, transported, re-erected and used without losing identity or marketability, the foundation and turbine must be treated separately. Since works contract classification is confined to immovable property, naturally bundled supply, erection, installation and commissioning of a movable turbine may be treated as composite supply, with tax treatment following the principal supply. (AI Summary)
Author
Date 20 Aug 2026
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GST bundled-supply classification determines whether transactions follow principal-supply treatment or the highest applicable rate for independent single-price packages.
Composite supply requires multiple taxable supplies that are naturally bundled, supplied together in the ordinary course of business, and include a principal supply. It is taxed as the principal supply. Mixed supply consists of independent supplies made together for a single price where composite-supply conditions are absent, and it is taxed at the highest applicable rate. Classification turns on commercial substance, including customer expectations, industry practice, contractual terms, independent utility, and whether components are ancillary. Businesses should identify each component, test natural bundling and principal supply, then assess mixed-supply treatment only where the composite-supply test fails. (AI Summary)
Author
Date 20 Aug 2026
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Responsible plastic consumption requires waste prevention, source segregation, reusable alternatives, and zero littering through shared civic responsibility.
Plastic-pollution reduction requires prevention at the point of consumption through refusal of unnecessary single-use plastic, reduced packaging, reuse of durable alternatives, non-littering and source segregation. Public spaces are shared spaces, making responsible disposal a civic duty rather than a task left solely to municipal workers or sanitation staff. Families, schools, communities and businesses can promote reusable products, practical environmental education, packaging reduction and waste recovery. Municipal systems must provide collection, bins, segregation, recycling and managed processing, supported by fair anti-littering enforcement, education and awareness. (AI Summary)
Author
Date 20 Aug 2026
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Information security management systems require risk-based controls, leadership oversight, continual evaluation and corrective improvement to protect organisational information assets.
ISO/IEC 27001:2022 requires an Information Security Management System based on confidentiality, integrity, availability, risk-based management and continual improvement. Organisations must define ISMS scope, assess assets, threats, vulnerabilities and risks, select treatment options, establish leadership accountability and implement suitable organisational, people, physical and technological controls. Performance is assessed through monitoring, internal audits, risk reviews and management reviews, followed by corrective action. Certification commonly includes gap analysis, implementation, training, internal audit, management review, remediation and staged external audit, with ongoing surveillance supporting continued compliance. (AI Summary)
Author
Date 20 Aug 2026
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Assignment of leasehold rights transfers immovable property interests, requiring separate GST treatment from original leases and permission charges.
Assignment of an entire long-term leasehold interest in an industrial plot is a transfer of an immovable-property interest, not renting or another taxable service. Leasehold rights are benefits arising out of land, and an assignee who takes the whole interest steps into the original lessee's position. Schedule II only classifies an activity after it qualifies as supply and cannot create taxability. The original lease grant, permission charges for assignment, and consideration paid for the assignment are distinct transactions requiring separate GST analysis. (AI Summary)
Author
Date 20 Aug 2026
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GST Time of Supply determines tax liability through invoice, payment, supply, reverse charge, voucher and rate-change timing rules.
GST Time of Supply determines when tax liability arises, affecting reporting, payment, applicable rate, input tax credit timing and interest exposure. For goods, the earliest of invoice issuance, the last permissible invoice date or payment receipt generally governs. Services depend on invoice date, service provision and payment receipt. Reverse charge shifts liability to the recipient under separate timing rules. Vouchers, continuous supplies, advances and rate changes require specific analysis. Accurate invoices, contracts, payment records and reconciliations are essential to prevent short payment, interest and reporting disputes. (AI Summary)
Author
Date 20 Aug 2026
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GST Place of Supply determines supply jurisdiction, applicable tax, zero-rating treatment, and compliance through a layered transaction-specific analysis.
GST Place of Supply determines where a supply is deemed to occur and whether CGST with SGST/UTGST or IGST applies. Analysis must identify the taxable supply, its character as goods or services, supplier and recipient locations, and whether the transaction is domestic, cross-border, import-related, or export-related. Goods and services follow different general and special rules. After determining Place of Supply, comparison with the supplier's location generally establishes intra-State or inter-State character. Proper contractual, delivery, transport, registration, and service records are essential to support classification, tax treatment, zero-rating, input tax credit, and compliance. (AI Summary)
Author
Date 20 Aug 2026
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Packaging material compliance for pan masala would require plastic-free alternatives while preserving food-contact safety and product integrity.
Pan masala packaging is proposed to be limited to paper, paperboard, cellulose, wholly plastic-free naturally derived materials, tin and glass, while excluding synthetic polymers, copolymers, laminates, aluminium foil and metallised layers. The measure remains a draft amendment and is not immediately enforceable until finalised. Paper-based appearance alone will not establish compliance: manufacturers must assess all coatings, adhesives, barrier layers and other components. Extended Producer Responsibility compliance does not legalise packaging prohibited by material restrictions. Alternative packaging must remain safe for food contact and preserve product integrity. (AI Summary)
Author
Date 20 Aug 2026
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Reasoned GST adjudication requires officers to establish liability through facts, evidence and statutory reasoning, not data mismatches alone.
GST demands require a factual and statutory explanation of how liability arose, rather than conclusions based on mismatches, short payment, inadmissible input tax credit, suppression or penalty. The proper officer must state relevant facts and reasons, while confirmation must remain within the amount and grounds in the show-cause notice. Return mismatches may trigger scrutiny but do not themselves prove tax evasion. Input tax credit denial requires invoice-specific identification and examination of the statutory condition allegedly breached. Speaking orders must consider the taxpayer's defence and disclose reasons; technology may identify anomalies but cannot adjudicate liability. (AI Summary)
Date 19 Aug 2026
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Shipping Bill compliance governs export declaration accuracy, customs clearance, tax refunds, export benefits and enforcement exposure throughout the export transaction.
Shipping Bill is the statutory electronic declaration for export goods and requires the exporter to ensure accurate particulars, authentic supporting documents and compliance with restrictions and prohibitions. It integrates transaction identity, commercial value, FOB computation, tariff classification, goods particulars, licences and supporting certificates. Customs processing may include assessment, examination and risk-based verification, followed by the Let Export Order permitting clearance and loading. The declaration may determine export duty, support drawback or export remissions, and operate for IGST refund purposes subject to manifest and GST data requirements. Incorrect declarations can lead to confiscation and penalty proceedings. (AI Summary)
Author
Date 19 Aug 2026
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Mandatory timeline for penalty orders invalidates delayed MOV-09 proceedings where detention notices were issued under GST law.
Delayed issuance of MOV-09 after MOV-07 is examined as a limitation defect in detention-based penalty proceedings. The penalty order under section 129(3) must be issued within seven days from service of the penalty notice. MOV-09 issued forty-seven days after MOV-07 was treated as illegal and without jurisdiction. Since the defect was apparent from the record, it could be considered in the second appeal even though it had not been specifically raised before the first appellate authority. Similar cases should be reviewed for breaches of the mandatory timeline. (AI Summary)
Date 19 Aug 2026
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GST classification follows insolvency functions actually performed, placing Advocate Insolvency Professional services under forward charge rather than legal-services reverse charge.
GST treatment depends on the actual service supplied, not merely on the supplier's professional identity. Legal services rendered by an Advocate may fall under reverse charge where the applicable notification conditions are met. However, services rendered as an Interim Resolution Professional or Resolution Professional are independently classified as insolvency and receivership services. Since reverse charge does not cover that specific category, an Advocate acting as an Insolvency Professional is subject to forward charge and must issue GST-compliant invoices, subject to applicable registration and statutory requirements. (AI Summary)
Author
Date 19 Aug 2026
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Stock-transfer movement without consideration may not attract Section 129 penalty solely because an e-way bill was unavailable.
GST appellate remedies remain available for adverse first-appellate penalty orders, including delayed appeals with condonation under Section 112(6) within the stated period. Movement of goods to a taxpayer's own depot within the same State, without consideration, is examined as a stock transfer rather than a supply. Where the sole allegation is absence of an e-way bill and no tax demand arises, the analysis identifies a GSTAT decision concluding that penalty under Section 129 is not leviable for such stock-transfer movement. (AI Summary)
Date 19 Aug 2026
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Timely tax adjudication requires real impracticability for delay; flexible statutory timelines cannot sustain indefinitely pending show cause notices.
Delayed customs adjudication under Section 28(9) must be completed within the prescribed period or within a demonstrably reasonable and practicable period. "Where it is possible to do so" permits limited flexibility, not indefinite pendency, and authorities must establish why timely adjudication was impracticable. Limitation affects jurisdiction and protects legal certainty and effective defence. A later extension of limitation cannot ordinarily revive a proceeding already barred. Call Book pendency requires supporting material and cannot preserve stale demands. Excessive unexplained delay may be arbitrary under Article 14. (AI Summary)
Author
Date 19 Aug 2026
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Customs dispute resolution follows layered assessment, adjudication and appeals, with natural justice, evidence and compliance central to effective dispute management.
Customs dispute resolution proceeds from self-assessment, reassessment or departmental verification to show cause notice, reply, personal hearing and reasoned adjudication. Natural justice requires notice, knowledge of allegations, access to relevant evidence subject to legal limits, an opportunity to submit material and be heard, and appellate recourse. Appeals may proceed through the Commissioner (Appeals), CESTAT and courts on the prescribed scope of review, while writ jurisdiction is exceptional. Importers generally establish exemption or preferential-tariff eligibility, and Customs must support allegations with legally admissible evidence. Accurate documentation and proactive compliance help reduce disputes. (AI Summary)
Author
Date 19 Aug 2026
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Customs audit and investigation require risk-based verification, supported declarations, procedural fairness, and robust compliance controls across import and export transactions.
Customs audit is a post-clearance process for verifying declarations, records, compliance and correct duty assessment, while investigation addresses suspected fraud, misdeclaration, undervaluation, smuggling, exemption misuse or duty evasion. Risk-based scrutiny may cover classification, valuation, origin, exemptions, end-use, export obligations, refunds, drawback, licences, bonds and records. Proposed duty recovery or penalties ordinarily require a show cause notice and opportunity to respond and be heard. Businesses should maintain accurate records, support exemption and preferential-origin claims, preserve evidence, cooperate with lawful requests, and periodically review customs controls. (AI Summary)
Author
Date 19 Aug 2026