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Legal interpretation in GST and Customs classification prevails, while expert opinion remains persuasive and cannot replace tariff construction.
Classification under GST and Customs law is a matter of legal interpretation grounded in tariff headings, section notes, chapter notes, the General Rules for Interpretation, HSN Explanatory Notes, judicial precedents, trade parlance, and the functional attributes of goods. Expert material may be relevant for understanding composition, design, operation, principal function, and essential character, but it remains explanatory only. Technical evidence cannot substitute statutory construction, override clear tariff language or binding precedent, and classification is ultimately determined by legal synthesis of technical facts with the tariff structure and interpretative rules. (AI Summary)
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Date 12 Jun 2026
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ESG governance demands board-level oversight as a strategic priority shaping risk management, transparency, and long-term value creation.
Boards are expected to treat ESG as an enterprise-wide governance priority rather than a peripheral sustainability function, because environmental, social and governance issues now affect strategy, operational continuity, reputation, capital access and stakeholder trust. Effective board leadership requires setting the tone from the top, aligning ESG with long-term business objectives, and ensuring that ESG considerations are integrated into strategic planning instead of being confined to compliance reporting or separate corporate responsibility activity. Board accountability in ESG oversight extends to strategic direction, risk oversight and performance monitoring. (AI Summary)
Author
Date 12 Jun 2026
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Rules of origin under India-Oman CEPA define qualifying goods, certificate requirements, verification controls, and preferential tariff eligibility.
The Rules establish the framework for determining when goods traded between India and Oman qualify as originating products for preferential tariff treatment under the CEPA. They cover origin criteria for wholly obtained and substantially transformed goods, value addition methods, bilateral cumulation, de minimis treatment, direct consignment, and the exclusion of minor operations. The Rules also regulate the Certificate of Origin, verification of origin claims, record-keeping obligations, denial of preferential treatment, and the operative role of Annexures A, B, and C. (AI Summary)
Author
Date 12 Jun 2026
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Fraudulent export-linked GST refund schemes and fake invoicing trigger criminal enforcement across layered corporate networks.
Fraudulent export-linked GST arrangements using fake invoices, circular trading, shell entities, and paper exports of high-value goods are described as mechanisms for generating unutilized Input Tax Credit and unlawfully extracting cash from the public exchequer through refund claims under the IGST regime. The commentary distinguishes domestic circular trading from cross-border trade illusions and treats the latter as a more serious form of tax abuse because it converts tax incentives and refund mechanisms into instruments of illegal enrichment without genuine underlying commerce. The discussion identifies criminal enforcement under Section 132 of the CGST Act, read with Section 20 of the IGST Act, as the principal statutory response to such fraud, and notes that the Serious Fraud Investigation Office under the Companies Act is a specialised investigative mechanism for layered corporate networks. (AI Summary)
Date 11 Jun 2026
Replies 1 Reply
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COVID limitation exclusion applies to GST appeals, and condonable delay cannot be rejected as time-barred.
The Supreme Court's COVID-19 limitation exclusion applies to appeals under Section 107 of the CGST Act, and the period from 15 March 2020 to 28 February 2022 must be excluded while computing limitation. An appeal filed within the extended condonable period cannot be rejected as time-barred merely because the appellate authority ignored that exclusion. Under Section 107(4), delay may be condoned within the further one-month period if sufficient cause is shown. (AI Summary)
Author
Date 11 Jun 2026
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Input tax credit and appeal limitation under GST remain contested as courts address bona fide purchase and writ maintainability.
Writ petitions continue to be entertained in GST matters despite the GST Appellate Tribunal, particularly where there is a patent error in rejection of the first appeal. The discussion highlights a limitation dispute where the appeal was filed within the condonable period, and a High Court held that the appellate authority had erred in treating it as time-barred. It also states the settled principle that bona fide purchasers cannot be denied input tax credit merely because the supplier defaulted, unless there is material showing collusion or lack of bona fides. (AI Summary)
Date 11 Jun 2026
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Mandatory refund limitation under GST Section 54, with delay condonable only through Article 226 safeguards.
The two-year limitation for filing a refund application under Section 54 of the CGST Act is mandatory and binds the proper officer. The GST refund framework is a strict time-bound scheme, and there is no enabling provision in the Act to condone delay. Where no statutory mechanism exists, writ jurisdiction under Article 226 remains available in deserving cases to seek condonation of delay, subject to safeguards that preserve parity with the statutory timelines available to the Revenue. (AI Summary)
Author
Date 11 Jun 2026
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GST bail principles require a custody-based test, not detention solely because of alleged fake invoice fraud and input tax credit loss.
GST bail in fake invoice and wrongful input tax credit cases turns on a structured custody analysis, not on the alleged revenue loss alone. Courts must consider custody period, punishment, investigation status, documentary or electronic evidence, antecedents, flight risk, tampering risk, and likely trial delay. Where the Department has already secured the records and there is no material showing absconding or interference, continued incarceration may lose justification. Arrest and detention must rest on material reasons, while bail conditions can secure attendance and protect the trial. (AI Summary)
Author
Date 11 Jun 2026
Replies 2 Replies
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Bonus payment under the Code on Wages: eligibility, allocable surplus, set-on and set-off, and payment limits for employees.
Payment of bonus under the Code on Wages, 2019 is regulated by statutory provisions on eligibility, computation, disqualification, timing, and surplus-based payment. The framework requires at least 30 days of work in an accounting year, applies generally to establishments employing 20 or more persons subject to exceptions, and fixes minimum and maximum bonus limits at 8.33% of wages or Rs.100, whichever is higher, and 20% of wages. Bonus is computed from allocable surplus, with rules on set-on, set-off, interim bonus, deductions for misconduct causing financial loss, payment within 8 months from the end of the financial year, and special treatment for branches, contractual employees, and excluded categories. (AI Summary)
Date 11 Jun 2026
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Risk-Based Internal Auditing aligns audit priorities with enterprise risk, improving assurance, governance, and proactive risk detection.
Risk-Based Internal Auditing aligns internal audit activity with an organisation's risk profile by prioritising engagements according to risk significance rather than fixed cyclical review. The methodology shifts internal audit from a routine, compliance-led function to a proactive and strategic process that focuses on areas posing the greatest threat to organisational objectives. RBIA is built on identifying, assessing, and ranking risks, evaluating existing controls, and directing audit resources toward residual risk. Data analytics, continuous auditing, and integration with Enterprise Risk Management strengthen audit effectiveness and governance. (AI Summary)
Author
Date 11 Jun 2026
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Internal Audit value creation through risk insights, operational improvement, and strategic decision-making strengthens governance and performance.
Internal Audit is presented as a value-creating function that extends beyond compliance assurance to support governance, risk management, operational improvement, and strategic decision-making. Its independent, enterprise-wide view of processes, controls, risks, and governance enables it to identify inefficiencies, root causes, control gaps, emerging risks, and opportunities for cost reduction, process optimization, and better resource use. The article emphasizes that audit findings generate business value only when translated into actionable recommendations aligned with operational realities and strategic priorities. (AI Summary)
Author
Date 11 Jun 2026
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Books of account as evidence strengthen transparency, compliance, and accountability in commercial, tax, and regulatory matters.
Books of account are systematic financial records that support reporting, taxation, auditing, compliance, and management oversight. Their evidentiary value increases when they are maintained under recognized accounting principles and supported by invoices, contracts, bank statements, vouchers, and other documentary evidence. Such records may be used in commercial, tax, insolvency, and fraud-related matters, while electronic books are recognized where integrity, authenticity, and reliability are established through technological safeguards and certification. (AI Summary)
Author
Date 11 Jun 2026
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Artificial Intelligence reshapes internal auditing through continuous monitoring, predictive risk analysis, and stronger AI governance oversight.
Artificial Intelligence is reshaping internal auditing into a continuous, data-driven and predictive discipline. It enables auditors to analyse complex datasets, detect anomalies, automate routine tasks, strengthen fraud detection, and expand assurance from transaction-level testing to system-level and algorithm-level review. Internal audit must also assess AI governance, including transparency, explainability, model risk management, data integrity, ethical compliance, bias, fairness, and change management controls. (AI Summary)
Author
Date 11 Jun 2026
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Healthcare internal audit strengthens compliance, patient safety, cybersecurity, and operational resilience across clinical and financial controls.
Healthcare internal audit serves as an independent assurance function over governance, risk management, internal controls, and compliance. Its scope extends beyond financial review to patient safety, clinical quality, regulatory adherence, data privacy, cybersecurity, fraud prevention, vendor oversight, and operational efficiency. Audit work may examine billing accuracy, claims management, privacy protections, access controls, incident response, and third-party risk, while also supporting continuous quality improvement and stronger organizational resilience. (AI Summary)
Author
Date 11 Jun 2026
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Section 74 jurisdiction and alternate remedy in GST proceedings stayed pending review of similar issues.
Challenge to proceedings under Section 74 of the CGST Act concerned whether the extended-period demand mechanism was supported by the jurisdictional ingredients of fraud, wilful misstatement or suppression of facts to evade tax, and whether alleged deficiencies in the show-cause process and Order-in-Original justified writ interference despite the availability of a statutory appeal. The Supreme Court issued notice in the special leave petition and stayed further proceedings arising from the Order-in-Original, subject to similarity with an already pending matter on the same alternate-remedy issue. (AI Summary)
Author
Date 10 Jun 2026
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Prohibited goods under Indian customs law trigger confiscation, penalties, and strict compliance with import-export prohibitions.
Prohibited goods under Indian customs law are goods whose import or export is barred by the Customs Act, 1962 or by any other law in force, and the concept may arise under allied enactments governing foreign trade, narcotics, wildlife protection, intellectual property, and other regulatory prohibitions. The article distinguishes prohibited goods from restricted goods, noting that restricted goods may be traded only with the required licence, permit, or authorisation, while prohibited goods are ordinarily not permitted for trade and may attract confiscation, penalties, and prosecution. (AI Summary)
Date 10 Jun 2026
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GST penalty on voluntarily reversed input tax credit and pre-notice payments is criticised as contrary to the statutory framework.
Excessive penalty in GST adjudication is criticised where input tax credit attributable to exempt supplies was voluntarily reversed before audit and further tax amounts were paid before issuance of the show cause notice or within the period contemplated by section 73. The article states that penalty was nevertheless confirmed on the gross demand amount, including sums already reversed or paid, notwithstanding the statutory scheme said to permit waiver of penalty where tax and interest are paid before the notice or within thirty days of it. The article highlights the need to distinguish correctly between section 73, section 74 and section 74A before issuing demands or confirming penalties. (AI Summary)
Date 10 Jun 2026
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Intermediary services: own-account procurement support by a foreign group entity was treated as import of services under GST.
Centralised procurement services performed by a foreign group entity on its own account are not intermediary services merely because the arrangement involves supplier identification, negotiation, coordination, or facilitation for an Indian group company. The decisive question is whether the provider is only arranging or facilitating a supply between two principals, or is itself supplying procurement support as an independent contractor on a principal-to-principal basis. The own-account exclusion in the definition of intermediary under the IGST framework applies where the provider acts as a service supplier and not as a broker or agent. (AI Summary)
Author
Date 10 Jun 2026
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Trust compliance relaxations extend filing timelines, clarify provisional registration, accumulation statements, and audit reporting requirements.
Relaxations for trusts, NPOs and charitable institutions include extended filing timelines for Form No. 10A, Form No. 10AB, Form No. 10BD and Form No. 10BE, clarification on the effective period of provisional approval or registration, and timing rules for Form No. 10 and Form No. 9A. The guidance also updates Form No. 10B and Form No. 10BB reporting by requiring a bifurcation of electronic and non-electronic payments or applications, and clarifies the scope of electronic modes. (AI Summary)
Author
Date 10 Jun 2026
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Rules of Origin and CAROTAR redefine preferential tariff claims by requiring substantive origin verification beyond certificates.
Preferential tariff benefits under Free Trade Agreements depend on strict compliance with the applicable Rules of Origin, supported by a valid Preferential Certificate of Origin and the substantive origin conditions prescribed in the relevant trade agreement. Section 28DA of the Customs Act, 1962 and CAROTAR, 2020 place the burden on the importer to exercise reasonable care, maintain origin-related records, and possess sufficient information to establish that the goods are originating goods. The certificate carries evidentiary value, but it does not by itself confer an unconditional right to concessional duty, and customs authorities may verify origin claims where doubt arises. (AI Summary)
Author
Date 10 Jun 2026