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Copy paste errors in judicial orders can mislead interpretation and require stricter proofreading and rectification procedures.
Copy paste and screen based drafting practices in preparing legal orders can produce inadvertent omissions, typographical errors, and format carry overs that misstate parties, procedural posture, hearing mode, or statutory citations. Such defects may lead to wrong inferences when orders are relied upon, cause other benches to decline following earlier decisions, and harm institutional reputation. The author recommends deliberate attention to copy paste use, printed proofreading for documents with critical data, stricter review by personal secretaries and drafting staff, and rectification where ambiguities risk future confusion. (AI Summary)
Date 16 Jun 2022
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Investment deductions enable personal tax savings but depend on choosing the old tax regime and structuring salary components.
Investment deductions in qualifying instruments (provident funds, PPF, fixed deposits, life insurance, ELSS and pension schemes) reduce taxable income but are generally available only if the taxpayer elects the old tax regime; the new regime limits these benefits. Salaried taxpayers should structure employer-provided compensation to access allowances and exemptions, consider additional voluntary provident fund or employer NPS contributions, and claim permitted deductions for home-loan interest/principal and health insurance premiums subject to eligibility and statutory limits. (AI Summary)
Author
Date 16 Jun 2022
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Interest on wrongly availed input tax credit applies only when the credit is actually utilised, not merely transitioned.
Applicability of interest and penalty on transitional input tax credit depends on actual utilisation: mere wrongful availment or transition of inadmissible credit that is not utilised and is reversed does not generally attract interest, though a token penalty may be imposed for non bona fide attempts; interest and punitive consequences arise where credit has been wrongly availed and utilised. A legislative amendment clarifies that interest applies when ITC is wrongly availed and utilised. (AI Summary)
Author
Date 15 Jun 2022
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Export incentives as business income: export entitlements and duty drawback treated as business profits affecting deduction eligibility.
The tribunal found that export entitlements and duty drawback are income assessable as profits or gains from business or profession, that statutory provisions treating cash assistance and profit on transfer of duty remission entitlements assimilate such incentives to business receipts, and that the assessing officer's treatment in computing profits for the industrial undertaking deduction was therefore appropriate, rendering the revisional direction to exclude those receipts unjustified. (AI Summary)
Date 15 Jun 2022
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GST treatment of crypto is under consideration while targeted waivers and state registration controls ease compliance burdens.
Discussions on classification and valuation of crypto for GST continue while GSTN has enabled registration, returns and refunds; CBIC waived interest for specified e commerce operators who deposited collected TCS but filed Form GSTR 8 late, covering interest from deposit date until return filing. Tamil Nadu mandated pre verification of new registrations matching cancelled registrations on key parameters to deter bill traders. Karnataka implemented an electronic module to revoke cancelled GST registrations beyond the 90 day period where appellate or court orders permit revocation, requiring upload of orders and use of officer digital signatures. (AI Summary)
Date 15 Jun 2022
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TCS on e-commerce platforms requires operators to collect and remit tax monthly and register for TCS separately.
E commerce operators must register for GST where required to collect tax at source, charge GST on platform fees and commissions, and collect TCS on net taxable supplies with separate TCS registration, monthly filing in Form GSTR 8 and annual filing in Form GSTR 9B. Suppliers may claim input tax credit for GST charged on platform commissions. Separately, the Income Tax regime imposes a TDS deduction obligation on ECOs for amounts credited or paid to resident e commerce participants, subject to specified exemptions and identification requirements. (AI Summary)
Author
Date 14 Jun 2022
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Right to legal certainty: Budget 2021 changes alter taxpayer protections and administrative remedies, affecting appeal routes.
The document analyses recognition and protection of taxpayer rights in India under the Taxpayers' Charter, highlighting core rights: legal certainty, non retrospective taxation, equality, procedural due process and appeal, information and assistance, accurate taxation, and privacy. It assesses Union Budget 2021 changes as having a positive effect by abandoning routine retrospective amendments but a negative effect by replacing quasi judicial bodies with administrative Boards, thereby reducing binding certainty, shortening limitation periods, and weakening enforcement of procedural safeguards; it recommends restoring independent adjudication and strengthening Charter enforcement. (AI Summary)
Author
Date 14 Jun 2022
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Corporate Social Responsibility compliance requires mandated profit-based spending, governance duties, and a new CSR reporting obligation.
Section 135 requires companies meeting specified net worth, turnover, or net profit thresholds to spend at least two percent of the average net profits of the three preceding financial years on activities in Schedule VII, governed by the Companies (CSR Policy) Rules. Governance requires a board-level CSR Committee to formulate policy, recommend expenditure, and monitor implementation, while the board must ensure implementation, disclose the policy, report utilization, and account for any unspent amounts. The rules exclude ordinary business activities and set implementation modes, mandatory registration for implementing agencies, and introduce E Form CSR 2 for reporting; statutory penalties apply for noncompliance. (AI Summary)
Author
Date 14 Jun 2022
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Input tax credit denial in GST burdens hospitality, prompting calls to delink F&B from room-tariff slabs and allow ITC.
Denial of Input Tax Credit under GST creates discriminatory treatment between hotels and restaurants by linking ITC entitlement to declared room tariff slabs; except for the highest room-tariff bracket, restaurants and many hotel F&B supplies face identical GST rates without ITC, causing cascading taxation, higher operating costs, and competitive distortion. Industry proposals urge delinking F&B revenue from room-tariff slabs and permitting ITC (or a uniform charged rate with ITC eligibility) to reduce tax-on-tax, restore creditability, and support sector recovery. (AI Summary)
Date 14 Jun 2022
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Substance over form principle affirmed, permitting inquiry into economic reality to determine tax character of transactions.
The note explains the substance over form doctrine as allowing tax authorities to disregard contractual nomenclature and assess the commercial reality of transactions where factual and documentary evidence demonstrates a sham or tax-avoidance purpose; it traces divergent judicial approaches, outlines GAAR as a statutory codification permitting disregard of form for impermissible avoidance arrangements lacking commercial substance, and highlights recent authority endorsing holistic, fact-driven "look at" inquiries in indirect-tax disputes while stressing the need for threshold proof of abuse and procedural safeguards. (AI Summary)
Author
Date 13 Jun 2022
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Lok Adalat award finality affirmed: awards are binding and not ordinarily subject to being set aside for fraud.
Lok Adalat awards are final and binding, to be treated as decrees of a civil court and not ordinarily subject to appeal; to set aside an award requires strong, specific proof of fraud sufficient to vitiate the compromise, and acceptance and retention of compromise consideration by beneficiaries weighs against permitting a later challenge. (AI Summary)
Date 13 Jun 2022
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Marketing incentives treated as domestic service consideration, not trade discount, and not qualifying as export of services.
Incentives paid by a foreign principal to an Indian reseller for marketing activities within India are not trade discounts but are consideration for services. The reseller did not receive the payments as purchase-price reductions from distributors; the payments constitute a supply of marketing services performed in India. As the supplier is located in India, the place of provision is India and the marketing services do not qualify as export of services. (AI Summary)
Author
Date 13 Jun 2022
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Interest on wrongly availed input tax credit applies only when the credit is utilised to discharge tax liabilities.
Interest on wrongly availed input tax credit is payable only when the ineligible credit has been utilised to discharge output tax liabilities; mere availment and subsequent reversal in returns does not attract compensatory interest because no revenue loss has occurred. Procedurally, adjudication may address wrongful availment, but interest requires proof of utilisation; retrospective amendment excludes interest where credit is merely retained in the electronic ledger. (AI Summary)
Author
Date 11 Jun 2022
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TDS/TCS on goods transactions applies where value includes transferable import licences, requiring withholding or collection accordingly.
Applicability of TDS and TCS extends to transactions in transferable import licences or entitlements because such licences constitute movable commercial assets whose purchase price is part of the cost of imported goods; therefore, when the aggregate value of a goods transaction includes the licence component and crosses the statutory threshold, the buyer may be required to deduct tax or the seller to collect tax, subject to statutory exclusions and mutual commercial arrangements. (AI Summary)
Date 11 Jun 2022
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MSMED Act arbitration procedure controls dispute resolution; parties must follow its conciliation-to-arbitration mechanism regardless of registration status.
The MSMED Act prescribes a statutory conciliation-then-arbitration mechanism through the Facilitation Council for supplier-buyer disputes, while imposing buyer payment obligations and interest on default; registration as an MSME at contract formation is not a prerequisite to invoke the Act's dispute-resolution process, and tribunals are to decide jurisdiction within the statutory procedure. (AI Summary)
Date 10 Jun 2022
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Remuneration policy for doctors should not alone negate charitable status; pricing must be examined in operational context.
Remuneration paid to doctors, including department revenue-sharing and incentive arrangements, is a legitimate employment policy and should not alone demonstrate that a hospital is run for profit; comparable charges with commercial hospitals are fact-sensitive indicators that must be examined in context, including capacity utilisation and service quality. The statutory shift to S.10(23C) introduced approval and regulatory scrutiny, and the Ashwini denial-based on doctor remuneration and charge parity-illustrates the need for contextual inquiry and opportunity to explain operational distinctions before denying exemption. (AI Summary)
Date 10 Jun 2022
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IGST on ocean freight under reverse charge clarified; CIF treated as composite supply, separate RCM levy invalid.
Notifications extended GSTR 3B and QRMP filing/payment dates and waived certain late fees; instructions require statutory procedure for tax recovery during searches and permit voluntary payment by DRC 03; a State ordered restrictions on unauthorised visits and automatic ITC unblocking. The Supreme Court ruled that CIF imports are composite supplies with goods as principal supply, precluding a separate IGST reverse charge on ocean freight. High Court and AAR decisions addressed improper ITC transfers to ISDs, substantive entitlement to export refunds despite procedural errors, canteen charges as non supply, and third party incentives as taxable services. A separate ruling under erstwhile law held cross border secondments may constitute taxable manpower supply. (AI Summary)
Author
Date 10 Jun 2022
Replies 2 Replies
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Margin-based taxation on used motor vehicles applies, charging GST on the sale margin where input credit was not claimed.
Where input tax credit was not availed, taxable value for sale of a used motor vehicle is the difference between the sale consideration and the written down value of the asset as per income tax depreciation on the date of supply; GST is leviable on that margin. The margin scheme does not apply if input tax credit was claimed, in which case GST is chargeable on the transaction value or value determined under valuation rules, and a negative margin yields no GST liability. (AI Summary)
Author
Date 09 Jun 2022
Replies 2 Replies
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E-way bill validity determines detention risk; valid earlier e-way bill precludes vehicle detention despite a later expiry.
A vehicle cannot be intercepted or detained solely because a later e-way bill expired when an earlier e-way bill for the same consignment and vehicle remained valid at the time of interception. Assessment of bona fides relies on contemporaneous documents (tax invoice and e-way bill), and absent evidence of deliberate evasion, detention and tax/penalty levies are not justified; any refund claims arising from such detention must be processed. (AI Summary)
Author
Date 09 Jun 2022
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IPO performance of LIC led to investor losses and raised concerns about promoter concentration and investor protection.
The IPO and listing of LIC opened below issue price and experienced sustained declines, causing losses to many retail subscribers-particularly policyholders-despite strong subscription rates. Contributing factors cited include muted foreign investor interest, very high promoter concentration (circa 96.5%) with a limited public float, repeated new 52 week lows and volume surges. The piece warns that sentimental loyalty and the company's promotional tagline misrepresent likely shareholder returns and urges caution for investors. (AI Summary)
Date 09 Jun 2022
Replies 4 Replies