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Rescission of customs notifications restores general tariff treatment by withdrawing targeted exemptions and duties on listed imports.
The Central Government rescinded multiple notifications across customs levy categories - Customs Additional Duty, Customs Duty, Anti Dumping Duty, and Countervailing Duty - withdrawing prior exemptions, concessional rates and specific anti dumping and CVD measures on listed goods and tariff lines, thereby restoring general tariff treatment for those imports subject to remaining statutory clearance conditions such as required certificates or assay evidence. (AI Summary)
Date 08 Feb 2022
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Collection of Tax at Source: e commerce operators must collect TCS on net taxable supplies and remit monthly.
E commerce operators must register as electronic commerce operators, charge GST on commission and support services (enabling supplier ITC where eligible), and collect TCS on the net value of taxable supplies with separate TCS registration, monthly GSTR 8 filings, annual GSTR 9B, and monthly remittance. Under income tax law, e commerce operators must withhold tax on gross sale consideration collected through the platform, payment gateways need not withhold where the operator has already done so subject to an undertaking, and limited exemptions apply for specified small sellers. (AI Summary)
Author
Date 08 Feb 2022
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Input tax credit restrictions limit availment to communicated credits, imposing deadlines and procedural changes under GST.
The Finance Bill, 2022 tightens input tax credit availment by allowing credit only where not restricted in details communicated and by setting the thirtieth day of November following the financial year (or filing of the annual return) as the last date for claiming credit or issuing credit/debit notes; it removes the provisional matching and two way communication regime, replaces it with self assessed credit subject to prescribed conditions, mandates sequential outward supply filing and auto generated inward supply statements, and prescribes restrictions on utilisation and transfer of electronic ledger balances alongside retrospective amendments to interest and certain notifications. (AI Summary)
Date 07 Feb 2022
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Exemption for advancement of yoga: donations to registered charitable trusts are not subject to service tax under exemption notifications.
Service tax does not apply to membership donations received by a trust for the advancement of yoga where the trust is registered under Section 12AA and carries out charitable activities; training and education in yoga by such entities fall within the exemption notifications. Absent issuance of consignment notes, transport-related activity cannot be characterised as GTA Service, and therefore freight payments cannot attract service tax or a reverse charge under that head. (AI Summary)
Author
Date 07 Feb 2022
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Infrastructure-led growth: Budget prioritizes PM GatiSakthi and capital spending to boost multimodal connectivity, logistics efficiency and state investment.
The budget advances infrastructure-led growth through PM GatiSakthi, targeting seven transport and logistics engines supported by energy and digital infrastructure, and emphasizes master planning, technology adoption, innovative financing and capacity building. Operational measures include highway expansion, expressway planning, multimodal logistics parks via PPP, cargo terminals, a One Station-One Product rail scheme, ropeway projects, 5G rollout and BharatNet completion. Financing measures raise capital expenditure, add infrastructure status for data centres and energy storage to ease credit, and provide long-term interest-free state loans for capital investment. (AI Summary)
Date 07 Feb 2022
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Centralized registration: invoices issued to head office do not bar entitlement to CENVAT credit when services relate to the manufacturer.
CENVAT credit cannot be denied solely because invoices were issued in the name of a head office that holds centralized registration. Centralized registration exists to facilitate availment and distribution of credit and nothing in law prohibits invoices in the head office name; disallowance on that ground, particularly when not pleaded in show cause proceedings and contrary to prior Tribunal decisions, lacks legal and factual basis. (AI Summary)
Author
Date 07 Feb 2022
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Public sector bank recapitalisation questioned given market capitalization and need for governance and accountability reforms.
The document questions government recapitalisation of listed public sector banks that have substantial market capitalisation, citing repeated budgetary infusions and arguing that dependence on state support reflects governance failures-political interference, corruption in lending and recovery, and weak recovery mechanisms-rather than an inability to access capital. It urges scrutiny of public funding and prioritisation of professionalisation, accountability, efficiency, and stronger loan recovery within PSBs to reduce reliance on budgetary support. (AI Summary)
Date 05 Feb 2022
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Input tax credit eligibility tightened as new rules change filing, communication, reversal and provisional credit mechanisms.
The Bill deletes several matching and reconciliation provisions and recasts credit entitlement around self-assessment, authorising electronic ledger credit on return filing while mandating reversal with interest where supplier tax remains unpaid and permitting re availment after supplier payment. It replaces the inward supply regime with an auto generated statement identifying credits that may not be availed for prescribed reasons, restricts furnishing of current returns or outward details when prior periods are incomplete, and shortens certain return timelines while allowing prescribed exceptions by notification. (AI Summary)
Date 05 Feb 2022
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Input Tax Credit utilization: ITC in electronic credit ledger may fund GST on unrelated outward supplies.
ITC legitimately taken merges into a common pool in the Electronic Credit Ledger and, because Section 16(1) does not require a one-to-one correlation between particular inputs and particular outward supplies, such ITC may be used to discharge GST on outward supplies even where there is no nexus between the inputs on which ITC was claimed and the outward supply. (AI Summary)
Author
Date 05 Feb 2022
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Input Tax Credit rules shifted to self-assessment and GSTR-2B reliance, with reversals and retrospective interest clarified.
Budget 2022 conditions ITC on supplier-uploaded details being available in the auto-generated statement and extends the cut-off for availing ITC; it replaces the two-way matching regime with Form GSTR-2B driven availability, omits sections enabling matching, establishes self-assessment for ITC with reversal where supplier tax is unpaid, empowers limits on electronic credit ledger utilisation, and prescribes retrospective interest on wrongly availed and utilised ITC with a notified maximum rate. (AI Summary)
Author
Date 04 Feb 2022
Replies 1 Reply
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Refund for mistakenly paid service tax affirmed, limitation inapplicable and interest directed on refund.
Where service tax was not leviable and was paid by mistake, the tribunal treated the payment as a refundable deposit exempt from the ordinary one year limitation for refund claims; finding no unjust enrichment because prices were fixed by competitive bidding and tax was not recovered from the buyer, it set aside the denial and directed cash refund with interest within a prescribed period. (AI Summary)
Author
Date 04 Feb 2022
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Revisional powers under income tax enable commissioners to review and remit assessment orders harming revenue or taxpayer rights.
The Commissioner exercises supervisory revisional powers to review subordinate assessment orders that are prejudicial to revenue or unlawful, correcting, remanding, or directing reassessment where the assessing officer failed to apply mind or disregarded evidence. Taxpayers aggrieved by such orders may apply for revision; the Commissioner can act suo moto or on application, and taxpayers are advised to pursue the appellate remedy first before seeking revision. (AI Summary)
Date 04 Feb 2022
Replies 1 Reply
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Classification of non-manufacturing services: excluded from concessional manufacturing heading and liable to standard GST rate under residual heading.
Non-manufacturing services are excluded from HSN Heading 9988, which is limited to manufacturing services performed on physical inputs owned by others; the CGST definition of "manufacture" requires emergence of a new product with distinct name, character and use, and pre GST case law supplies many processes held not to be manufacture. The Board's Circular separates job-work entry (id) from manufacturing entry (iv), and absent a specific HSN for non-manufacturing activities those services will fall under the residual heading attracting the standard GST rate, creating a need for a separate HSN entry. (AI Summary)
Author
Date 03 Feb 2022
Replies 6 Replies
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Advance ruling validity limited and proper officer assignments reformed, with strengthened valuation and data publication controls.
The Bill expands and reorganises classes of customs officers and empowers the Board and Principal Commissioner/Commissioner to assign or confer concurrent functions to a designated proper officer using criteria such as territorial jurisdiction, persons, goods, case classes or computer assignment. It restructures the advance ruling process by prescribing form, manner and fee by rules, allowing withdrawal before pronouncement, mandating certified dispatch of rulings to applicants and Commissioners, and limiting advance ruling validity to three years or until law or factual change. The Bill also prescribes importer valuation obligations, post inquiry transfer of documents to proper officers, criminalises unauthorised publication of customs data, and validates prior acts as if amendments were always in force. (AI Summary)
Date 03 Feb 2022
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Taxation of virtual digital assets: special tax on transfer income, mandatory TDS on transfers, and restricted deductions.
A distinct tax regime is proposed whereby income from transfer of virtual digital assets is taxed at a specified flat rate under section 115BBH with only cost of acquisition allowed as deduction; losses cannot be set off or carried forward. Section 2(47A) defines virtual digital assets to include tokens and NFTs. Section 194S mandates withholding tax on payments for transfer of virtual digital assets, addresses in kind consideration and deeming credits to suspense accounts as payments, and amendment to section 56(2)(x) includes virtual digital assets within the definition of property for gift taxation. (AI Summary)
Author
Date 03 Feb 2022
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Input tax credit conditions tightened: ITC gated by communicated details and sequential return filing affects availment.
Amendments condition availment of input tax credit on details communicated via the auto-generated statement (GSTR 2B), remove the two-way communication process in returns, require sequential tax period filing of GSTR 1 linked to periodic returns, provide extended post-year cut-offs for rectification and credit/debit notes, expand registration cancellation for non-filers, replace provisional ITC claims with self-assessed ITC subject to restrictions, and prescribe limits and transferability rules for electronic ledgers. (AI Summary)
Author
Date 03 Feb 2022
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Virtual digital asset taxation: transfer income taxed at fixed rate with restricted deductions, no loss set-off, and TDS obligations.
The Budget brings virtual digital assets into the tax net by taxing transfer income at a specified fixed rate with restricted deductions, denial of loss set-off, reporting and withholding obligations, and gift taxation treatment for receipts. It introduces an updated-return filing window, extends concessional and startup timelines, caps certain surcharges, and reduces AMT for cooperatives. GST amendments tighten timing and procedural rules for input tax credit, returns and refunds, limit electronic credit ledger utilisation, permit certain ledger transfers, and make interest on wrongly availed ITC uniform. COVID-related employer medical and ex-gratia payments receive specified exemptions. (AI Summary)
Author
Date 02 Feb 2022
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Customs tariff rationalisation and procedural reform to shift concessions to tariff, tighten valuation and digitalise IGCR processes.
Comprehensive Customs tariff rationalisation moves concessional rates into the First Schedule, withdraws numerous exemptions, and introduces targeted duty-free imports for bona fide exporters subject to end-use monitoring and IGCR compliance. Legislative amendments redefine proper officer, include DRI, Audit and Preventive officers, and permit assignment and concurrent conferment of functions by the Board and Commissioners. Revised IGCR Rules require end-to-end digital filings and monthly portal statements; advance rulings will have prescribed fees, flexible withdrawal, and three-year validity. New offence created for unauthorised publication of import/export data. (AI Summary)
Author
Date 02 Feb 2022
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Tax on virtual digital assets imposed with dedicated high rate levy and withholding; broader direct tax reform measures follow.
The Finance Bill, 2022 creates a distinct tax treatment for income from virtual digital assets with a separate high rate tax, denial of deductions (except cost of acquisition), prohibition on set off and carry forward of losses, and a withholding obligation on consideration for transfers; it also imposes non allowability of health and education cess as business expense, restricts set off where undisclosed income arises from search/survey, extends startup and manufacturing concessional relief timelines, expands NPS deduction to State employees, rationalises surcharge and AMT for cooperatives, and broadens withholding and IFSC incentives. (AI Summary)
Author
Date 02 Feb 2022
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Central Bank Digital Currency proposal could shift currency distribution to state-managed digital wallets and impact payment systems.
The article explains the Reserve Bank of India's proposal for a Digitised Rupee as a form of Central Bank Digital Currency where digital currency units are held in wallets and transferred peer-to-peer. It contrasts private wallet ecosystems with state-distributed wallet models, cites China's pilot using selected banks and telecoms with mixed central and blockchain records, and frames CBDC adoption as aimed at reducing private-wallet dominance, countering private cryptocurrencies, and preserving sovereign currency competitiveness. (AI Summary)
Date 02 Feb 2022