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Virtual meetings: Companies may use electronic board meetings with specified notice, quorum, attendance and recordkeeping requirements.
Virtual board meetings are permitted under Section 173 read with the Companies (Meetings of Board and its Powers) Rules, allowing directors participating electronically to be counted for quorum and to discuss items previously restricted; electronic notices are valid, directors must notify the chairperson or company secretary of virtual participation, and attendance must be recorded and authenticated with a roll call stating name, location, agenda receipt and exclusivity of access. Hybrid general meetings remain the permitted form for shareholders, subject to procedural safeguards and temporary regulatory relaxations; e voting is authorised under Section 108 with mandatory provisions under Rule 20 for certain companies. (AI Summary)
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Date 05 Jul 2021
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Company incorporation process: SPICe+ consolidation of filings and mandatory registrations for lawful commencement of business.
Company formation requires selecting the company type and meeting member/director thresholds, obtaining Digital Signature Certificates and Director Identification Numbers, reserving a name via SPICe+ Part A, and filing consolidated SPICe+ incorporation documents (including e-MOA INC-33 and e-AOA INC-34 and INC-32). Promoters must disclose required sectoral approvals and submit INC-9, DIR-2, registered office NOC, address proofs and correspondence address. ROC issues Form INC-11 Certificate of Incorporation with PAN and CIN once satisfied. Post-incorporation filings include subscription declaration, registered office verification, MCA portal filings, statutory registrations and bank account opening formalities. (AI Summary)
Author
Date 05 Jul 2021
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Right to draw samples: mandatory electronic Test Memo transmission to CRCL module conditions laboratory acceptance and reporting.
Samples must be drawn in duplicate, kept under Preventive Officer custody, and recorded in shipping documents; laboratories may refer samples to outside labs subject to random re-test. The CRCL module in ICES mandates electronic Test Memo transmission for sample acceptance, records receipt and adequacy checks, allocates tests to examiners, and provides electronic test-report delivery and MIS monitoring, with paper memos allowed only under authorised system-failure exceptions. (AI Summary)
Date 05 Jul 2021
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Automatic vacation of stay: stay will lapse only when delay in appeal disposal is attributable to the assessee, restoring equality.
The Supreme Court removed the words "even" and "not" from the third proviso to Section 254(2A), so that a stay granted before the Appellate Tribunal will stand vacated after the expiry of the statutory or extended period only if the delay in disposing of the appeal is attributable to the assessee; the amendment was grounded in equality before the law under Article 14 and targets the arbitrariness and discrimination of the 2008 formulation, applying to pending cases where delays were not the assessee's fault. (AI Summary)
Date 01 Jul 2021
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Spatial standards for public spaces and transport to ensure distancing and long-term public health resilience.
Temporary occupancy limits and phased unlocking cannot replace structural change: chronic overcrowding in homes, workplaces and transport poses ongoing health risks. Durable solutions include increasing area-per-person in buildings, redesigning vehicle interiors and reducing seats/berths, enforcing no-standing rules, and adopting spatial standards for new and retrofitted facilities. Achieving this will require significant capital investment, larger fleets and facilities, regulatory mandates on occupancy and seating, and coordinated planning across transport, urban development and occupational safety. (AI Summary)
Date 30 Jun 2021
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TDS on purchase of goods takes precedence over TCS, shifting tax responsibility to liable buyers meeting turnover and transaction criteria.
TDS u/s 194Q and TCS u/s 206C(1H) apply when taxpayer turnover and per-counterparty transaction thresholds are met, with TDS on buyers taking precedence over TCS on sellers. Parties must monitor aggregate transactions to determine when deduction or collection becomes due, obtain declarations regarding counterparty turnover, treat value inclusive of indirect taxes for threshold purposes, and recognize that imports to non-residents fall outside the TDS provision. Software must be classified as goods or services on facts to decide applicability; purchase returns do not alter the deduction obligation. (AI Summary)
Author
Date 30 Jun 2021
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Extension of tax compliance due dates provides deadline relief for multiple income-tax filings and related procedural obligations.
The Board, invoking Section 119, extended due dates for numerous income tax compliances in view of Covid 19, revising deadlines for objections to the Dispute Resolution Panel, TDS statements and certificates, investment fund statements, Form 10A/10AB registrations, Form 15G/15H uploads, Aadhaar PAN linkage, assessment and penalty order timelines, equalisation levy processing, and specified exemptions and payments under the Vivad se Vishwas scheme, with relief implemented via targeted notifications and a circular. (AI Summary)
Author
Date 29 Jun 2021
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Faceless penalty proceedings lacking record access compel taxpayers to re-submit documents, burdening procedural fairness and administration.
The National Faceless Assessment Centre is criticised for lacking access to assessment and departmental records, repeatedly requesting assessees to furnish basic documents (assessment orders, appeal filings and orders, prior replies, evidence against penalty, and scheme election proof) that are available in the taxpayer's online account. This practice imposes duplicative burdens, suggests operational unpreparedness of faceless penalty proceedings, and is compounded by short compliance timelines; the author urges improved portal functionality, proactive retrieval of departmental records, and reconsideration of trivial penalty proceedings. (AI Summary)
Date 29 Jun 2021
Replies 1 Reply
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Commission classification: auctioneer services for comprehensive auction operations fall outside commission-agent exemption under GST.
The question is whether commission from flower auctions qualifies for the exemption for services by a commission agent. The auction house performed comprehensive auction functions-issuing invoices, collecting sale proceeds, issuing delivery orders, paying growers after commission deduction, and providing substantial auction infrastructure-so its activities exceeded mere commission-agent services. Applying strict construction of the exemption, the appellate authority treated the services as auctioneer services rather than commission-agent services, placing them outside the notified exemption for commission agents dealing in agricultural produce. (AI Summary)
Date 29 Jun 2021
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Delisting procedure: regulatory steps for voluntary equity delisting, required announcements, escrow and reverse book building safeguards.
The delisting process requires an initial public announcement of intent followed by a detailed public announcement after in principle approval, containing material disclosures specified in Schedule I such as floor and offer prices, timetable, escrow details and minimum acceptance conditions. The acquirer must have firm financial arrangements and deposit a defined consideration into escrow before the detailed announcement. The Manager must verify fund arrangements and ensure complete, true disclosures. The company must form an independent directors' committee to recommend on the offer prior to the bidding period. (AI Summary)
Date 29 Jun 2021
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Intermediary service place of supply deemed at supplier location, risking domestic taxation and potential double taxation abroad.
Section 13(8)(b) of the IGST Act deems the place of supply for intermediary services to be the location of the supplier, thereby excluding such services from the export of services regime and subjecting Indian intermediaries serving foreign recipients to CGST and SGST rather than IGST; this deeming fiction can cause double taxation, conflicts with destination based GST principles, and has provoked constitutional challenge and parliamentary recommendations for amendment. (AI Summary)
Author
Date 28 Jun 2021
Replies 2 Replies
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Governmental authority status may determine GST exemption for concessional renting of immovable property to affiliated educational bodies.
Entitlement to the renting-of-immovable-property GST exemption turns on classification as a governmental authority; the Advance Ruling applied a participation-by-equity-or-control threshold as the qualifying test but, on appeal, the Appellate Authority found insufficient factual material to determine qualification and modified the ruling to record that the exemption was not admissible to the applicant on the record before it. (AI Summary)
Date 28 Jun 2021
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Natural resource accounting to phase in asset accounts and depletion adjusted economic aggregates for policymaking.
The Concept Paper prescribes a phased implementation of Natural Resource Accounting in India: prepare asset accounts (initially minerals and energy at state level), develop physical and monetary supply use tables, expand asset accounts to water, land and forests, and ultimately compile depletion adjusted economic aggregates and functional accounts, while addressing data periodicity, validation, multi agency data sharing, and private sector reporting to institutionalise continuous environmental accounting. (AI Summary)
Date 28 Jun 2021
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Industrial training rules revised: eligibility, trainer qualifications, duration band, certification and secondment limits clarified.
Amendments revise industrial training rules for articled assistants: eligibility requires completion of the Intermediate/Professional stage and prior practical training; training placements permitted in approved government, regulatory, financial, commercial or foreign-accountancy settings; training duration falls within a specified band, counts as service under articles, requires Council-approved agreements, mutual stipend arrangements, trainer ICAI membership and continuity criteria, issuance of Council-form certificates and notification to the ICAI Secretary. Secondment limits in industry are extended and supplementary articles provisions for excess leave are clarified. (AI Summary)
Author
Date 26 Jun 2021
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Related-party transaction price influence: accept transaction value unless examination shows the relationship affected price, remand for fresh inquiry.
Where buyer and seller are related, Customs Valuation Rules, 1988 require acceptance of the declared transaction value if examination of sale circumstances indicates the relationship did not influence price; if doubts exist the importer may demonstrate close approximation to comparable values with due adjustments. Authorities must first identify reasons to doubt acceptability, demonstrate how the relationship affected price, consider importer evidence and obtain necessary tests or clarifications before loading value. Failure to record reasons or to properly apply comparability adjustments warrants remand for fresh, reasoned inquiry. (AI Summary)
Date 26 Jun 2021
Replies 3 Replies
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Acknowledgement in writing: signed financial statements can restart limitation periods and affect debt-recovery rights.
An entry or disclosure in a company's financial statements, including the balance sheet, signed by appropriate functionaries constitutes a written acknowledgement of liability that restarts the limitation period from the date of signing. Aggregated or general disclosures may still operate as acknowledgements but can require courts to seek debtor-supplied particulars. Unrebutted confirmations from debtors or auditors transmitted with statements of account can also amount to written acknowledgement, and clarification that silence within a reasonable time constitutes confirmation is advisable. (AI Summary)
Date 25 Jun 2021
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Revocation of GST registration: procedural conditions and departmental obligation to implement valid restoration orders promptly on the GST portal.
Any person whose registration is cancelled by the proper officer may apply for revocation of cancellation of registration in Form GST REG 21 within thirty days of service, with limited extensions for sufficient cause. Revocation is subject to prescribed conditions including prior filing of returns and payment of tax, interest, penalty and late fees where cancellation followed default, furnishing all returns for the period from cancellation to revocation within thirty days of revocation, and compliance with show cause and hearing requirements; the proper officer must record reasons in writing for revocation or rejection and communicate the order in the prescribed form. (AI Summary)
Date 25 Jun 2021
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Limitation periods determine enforceability of claims and bar filing of suits, appeals, and petitions if time-lapsed.
The Limitation Act prescribes default time-bound limitation periods governing suits, appeals and petitions when specific enactments do not provide a timeframe. It contrasts contractual or administrative time limits (which may permit extension or mutual adjustment) with statutory limitation periods that operate as procedural bars. The note identifies commonly applied ranges-frequent reliance on a three-year period, observed minimums of ten days and maximums up to thirty years-and cautions practitioners to check special statutes first and to pursue statutory relief or extensions only where expressly allowed. (AI Summary)
Date 24 Jun 2021
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Reverse charge on ocean freight: importer typically liable for foreign shipping, but CIF transactions may not attract GST.
Transportation of goods by vessel from outside India is an import of service; where a foreign shipping line supplies the service, GST can be shifted to the domestic party under the reverse charge mechanism. Under FOB the importer typically qualifies as recipient and bears GST under RCM; under CIF the exporter contracts for and pays freight, and a judicial finding holds the importer is not the recipient and thus should not be liable to pay IGST under RCM. The government has not issued further clarification. (AI Summary)
Author
Date 24 Jun 2021
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Forms and returns compliance: certification requirements for company filings and related administrative certificates clarified.
The document catalogues forms, returns, certificates and tribunal orders under the Companies Act, 2013, organised by subject chapters and form codes, and distinguishes filings that require certification by practising professionals from those that do not. It identifies incorporation, capital, charge registration, management, accounts, audit, director and managerial appointment, corporate restructuring and winding-up filings that must be professionally certified, lists routine statutory registers and notices exempt from professional certification, and records administrative certificates and tribunal orders used in company compliance processes. (AI Summary)
Date 24 Jun 2021