Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Moratorium under insolvency code does not bar actions against promoters; creditors may pursue personal claims despite corporate moratorium.
Moratorium on admission of a corporate insolvency resolution process suspends enforcement and suits only against the corporate debtor and its assets; it does not extend to promoters or directors, against whom proceedings may be initiated or continued. The Supreme Court confirmed in Anjali Rathi v Today Homes that creditors may pursue personal claims and enforcement against promoters despite an ongoing corporate moratorium, while the corporate insolvency process proceeds through information memorandum, expressions of interest, and resolution plan approval. (AI Summary)
Date 25 Sep 2021
Like 0 Bookmark
Intermediary services clarified: definition, place of supply and eligibility rules sharpened for cross border GST treatment.
CBIC issued three circulars clarifying that an Intermediary requires at least three parties with main and ancillary supplies and facilitator character; the date of a debit note, not the underlying invoice, determines Input Tax Credit eligibility after amendment; electronic QR/IRN suffices for e invoice verification; refunds of accumulated ITC for nil rated exports are restricted only where goods are actually subject to export duty; and an Indian company and a foreign body corporate are distinct persons such that supplies between them may qualify as exports of services when other conditions are met. (AI Summary)
Date 23 Sep 2021
Like 0 Bookmark
Proviso as statutory qualifier: limits or excepts cases from main enactments while requiring harmonious construction.
A proviso is a clause appended to a statutory provision that introduces a qualification, exception, or limiting condition to the main enactment and must be construed in relation to the subject-matter it qualifies; multiple provisos are read sequentially with later provisos prevailing if repugnancy arises. Provisos ordinarily qualify rather than independently enact, but may sometimes have substantive effect depending on drafting intent; interpretation seeks a harmonious reading that gives effect to both the principal provision and its provisos while preserving legislative objective. (AI Summary)
Date 23 Sep 2021
Like 0 Bookmark
Revocation of cancellation: extended timelines allow filing where applications were pending, rejected, or on appeal.
Extension of time to apply for revocation of cancellation of GST registration applies to cancellations for non filing of returns; it covers applications pending with or rejected by the proper officer and those pending with or rejected by the appellate authority. Further administrative extensions may be granted in tiers by the Additional/Joint Commissioner and the Commissioner depending on how much of the original filing and earlier extension periods had lapsed by the reference date, while no further extension is available where the full extended period had already expired. (AI Summary)
Date 22 Sep 2021
Like 0 Bookmark
Provisional attachment under GST permits temporary seizure of a taxpayer's property during specified pending proceedings to protect revenue.
Provisional attachment under GST allows the Commissioner, by written order under Section 83, to provisionally attach property including bank accounts of a taxable person while specified assessment, inspection or determination proceedings are pending; attachments require identification in prescribed forms, may be contested within seven days, cease after one year, permit disposal or release of perishable goods on payment, and must rest on credible materials so as not to unduly hamper business or be applied mechanically. (AI Summary)
Date 21 Sep 2021
Like 0 Bookmark
Market regulation uses trading halts, circuit limits, and disclosure to curb panic selling and deter manipulation.
Stock market crashes result from panic selling and economic or market shocks that create excess supply and rapid loss of investor wealth. Key causes include domestic economic indicators, global market contagion, commodity price shifts, fraud, and concentrated selling by large investors. Regulatory stabilisers centre on SEBI-prescribed mechanisms-trading halts, upper and lower circuit limits, and disclosure rules for major transactions-designed to slow price declines, increase transparency, and deter manipulation to protect smaller investors and market integrity. (AI Summary)
Date 21 Sep 2021
Replies 1 Reply
Like 0 Bookmark
GST rate revisions and compliance clarifications update levy rules and limit interest to ineligible ITC availed and utilized.
The Council recommended extensions and adjustments of concessional and reduced GST rates on specified medicines and nil IGST on certain imports, increases in rates for selected goods to correct inverted duty structures, procedural measures including reverse charge on mentha oil and export restriction to LUT, permission to transfer unutilised cash ledger balances between distinct persons, e invoice physical copy dispensation, a proposal to amend section 50(3) retrospectively to charge interest only on ineligible ITC availed and utilized, and narrowing of section 54(3) refund restriction to goods actually subject to export duty. (AI Summary)
Date 20 Sep 2021
Replies 1 Reply
Like 0 Bookmark
GST rate concessions and targeted exemptions extended while procedural changes tighten ITC availment and compliance measures.
The Council recommended GST rate concessions and targeted IGST exemptions for specified COVID 19 drugs and life saving medicines for personal import, reductions and reclassifications of GST rates on listed goods (including retrofitment kits, fortified rice kernels and a cancer medicine), corrections to inverted duty structures across sectors with implementation dates, service exemptions and reclassifications (including e commerce liabilities), and procedural amendments to filing periodicity, interest on ineligible ITC utilized, transfer of cash ledger balances between distinct persons, and tighter ITC availment linked to supplier returns. (AI Summary)
Author
Date 20 Sep 2021
Like 0 Bookmark
Input tax credit on movable fixtures affirmed for detachable partitions and flooring, as installation does not constitute immovable construction.
The Appellate Authority concluded that detachable sliding and stacking glass partitions used in shared workspaces are movable, non-permanent fittings and their installation does not constitute construction of immovable property; therefore, input tax credit is allowable on such partitions capitalised as furniture and fixtures, overturning the prior denial while the detachable engineered wooden flooring was already held eligible for ITC. (AI Summary)
Date 20 Sep 2021
Like 0 Bookmark
Determination of tax: procedural framework for issuing notices, payments, and orders under GST determination provisions.
The Act provides a procedural framework for determining tax, interest and penalties where tax is unpaid, short paid, erroneously refunded or input tax credit wrongly availed or utilised, distinguishing assessments involving fraud or willful misstatement from other cases, prescribing show cause notices or statements, statutory limitation periods tied to annual return due dates with exclusions for stays and certain appeals, opportunities for pre- and post-notice payment to curtail proceedings or penalties, a requirement for reasoned orders after hearing limited to grounds in the notice, electronic rectification uploads, and conversion to non-fraud treatment where fraud is not established on appeal. (AI Summary)
Date 18 Sep 2021
Replies 1 Reply
Like 0 Bookmark
GST on prize money: absence of direct consideration means prize awards may not qualify as taxable supplies under GST.
Prize or grant receipts awarded to event winners lack a direct and immediate nexus to participation and therefore do not constitute consideration for a supply under GST; such prize money is not taxable as a supply and recipients are not entitled to input tax credit for those receipts. An appellate authority applying this principle in the context of horse-racing held that only winning owners receive prize money, so no supply arises from their participation. Divergent rulings on betting and commission-based taxation underscore the need for administrative clarification. (AI Summary)
Author
Date 18 Sep 2021
Replies 2 Replies
Like 0 Bookmark
Inverted duty structure refunds limited to input goods; input services excluded under current refund formula, Council urged reconsideration.
Inverted duty structure arises when tax on inputs exceeds tax on outputs, creating accumulated ITC; refund entitlement for such accumulation is governed by the statutory refund provision and implementing rules that define Net ITC and limit refund computation to tax on inputs. Conflicting High Court views-one striking down exclusion of input services, the other upholding it-were resolved by the highest forum which accepted the rules' textual limitation to inputs while noting anomalies in the refund formula and urging reconsideration by the GST policymaking body. (AI Summary)
Author
Date 18 Sep 2021
Replies 2 Replies
Like 0 Bookmark
Tax technology streamlines tax compliance by converting research into coded logic, integrating with ERPs and automating reporting.
Tax Technology is structured as a five-stage framework: Continuous Tax Research to determine tax rates and place-of-supply principles; Content Creation/Development converting research into templates and coded logic; Testing in sandboxes and limited production to validate results; Configuration and Integration of data patches into client ERPs to drive invoicing; and the Tax Tool stage automating statutory compliance, returns, annexures, and report generation for government filing, with accuracy and collaboration between tax experts and programmers emphasized. (AI Summary)
Date 18 Sep 2021
Replies 1 Reply
Like 0 Bookmark
Input tax credit restrictions under GST limit entitlement, prescribe utilization order, blocked credits and reversal and reporting rules.
Entitlement to input tax credit is subject to documentary and receipt conditions, non-allowance where depreciation is claimed on tax component, a one-year invoice claim limitation and a statutory non-claim window after the financial year. The law prescribes an order of utilization among integrated, central, state and union territory credits, specific blocked categories where credit is disallowed, apportionment for mixed use, optional restricted claims for banking entities, invoice-matching percentage caps under rule 36 and reversal and reporting obligations for unpaid supplier liabilities and job-worker movements. (AI Summary)
Date 17 Sep 2021
Replies 1 Reply
Like 0 Bookmark
Registered valuer obligations require independent valuation reports for corporate share and asset transactions under multiple Indian statutes.
Registered valuation reports are mandated where statutes and regulations require independent determination of share prices, asset values, swap ratios and related measures. Under the Companies Act registered valuers must value share issuances (rights, ESOPs, preferential), sweat equity and non cash transactions, minority share transfers, schemes of arrangement and winding up. IBC rules require registered valuations for liquidation and insolvency processes and bar conflicted valuers. SEBI REIT and InvIT regimes also require registered valuers. Until national standards are notified, valuers must follow international standards, RVO standards and IND AS 113 fair value guidance. (AI Summary)
Author
Date 17 Sep 2021
Like 0 Bookmark
Penalty for ATM cash-outs enforces banks to monitor ATM cash availability and timely replenish machines or face sanctions.
The Reserve Bank's Scheme of Penalty for Non-replenishment of ATMs (effective October 1, 2021) requires banks and banks supplying cash to WLAs to monitor ATM cash availability, submit system-generated monthly statements of downtime due to non-replenishment to the RBI, and subjects any ATM out-of-cash for more than ten hours in a month to a flat monetary penalty charged to the bank meeting that ATM's cash requirement, with the bank able to recover the penalty from the WLA operator. (AI Summary)
Author
Date 17 Sep 2021
Like 0 Bookmark
Taxability of rented accommodation: exemption for residential dwelling inapplicable where premises allotted for industrial use, GST applies.
The Advance Ruling found the operator's supply to be facility and non-residential renting services, with the residential renting exemption inapplicable where premises were allotted for industrial purposes and provided under sub lease or licence; EMIs for goods supplied are treated as supplies of goods under Schedule II and taxed at applicable goods rates, while security services are taxable as services under the applicable SAC classifications and rate notifications. (AI Summary)
Date 16 Sep 2021
Like 0 Bookmark
Amended Schedule III compliance urged for financial statements to enhance transparency and stakeholder information rights after the effective date.
The notification of amendments to Schedule III, effective immediately before the new financial year, prescribes expanded disclosure requirements aligned with accounting and auditing standards. The changes are procedural, aimed at improving stakeholder access to relevant information without infringing vested corporate rights; companies may seek exemptions or withhold sensitive information with justification. The author recommends that financial statements drafted and approved by boards on or after the effective date comply with the amended Schedule III and encourages voluntary early adoption. (AI Summary)
Date 16 Sep 2021
Like 0 Bookmark
Fee reduction for educational institutions expands to include private and aided bodies, covering patent filings domestically and abroad.
An administrative announcement extends an 80% fee reduction for patent filing, publication and renewal to all recognised educational institutions applying for patents in India or abroad, expanding eligibility from government owned bodies to include government, government aided and private institutions; DPIIT is to implement the measure and determine modalities. (AI Summary)
Author
Date 16 Sep 2021
Like 0 Bookmark
Unnecessary government appeals waste judicial resources and public funds; promote summary withdrawal procedures to conserve time.
Unnecessary revenue litigation and pursuit of low tax effect appeals wastes judicial time and public funds; tribunals have used task forces to identify and dismiss such appeals, but higher courts lack consistent summary procedures. Facilitating withdrawal petitions, permitting dismissal as withdrawn where uncontested, and amending procedural rules to flag and dispose low effect matters would conserve resources and reduce needless counsel appearances while leaving substantive legal questions open for adjudication. (AI Summary)
Date 15 Sep 2021