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Auditor appointment oversight expands prior regulatory approval, joint-audit, independence, tenure and rotation safeguards for banks and NBFCs.
Regulatory guidelines require prior approval or notification for appointment of statutory auditors for banks, UCBs and specified NBFCs, mandate board-approved policies, scalable minimum numbers of joint auditors tied to asset-size, three-year continuous tenures with annual eligibility checks, mandatory rotation after two terms, limits on concurrent audits, cooling-off periods for non-audit work, Audit Committee/Board oversight of independence and escalation mechanisms for non-cooperation, and fee-setting recommendations reflecting scope and risk, all to enhance transparency, auditor independence and audit quality. (AI Summary)
Date 15 Jun 2021
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Pre-institution mediation establishes a structured voluntary mediation process for commercial disputes before court proceedings commence.
Pre-institution mediation under the Commercial Courts Rules provides a voluntary, structured process: a party applies to the Authority in prescribed form; the Authority issues notices to the opposite party, may report non-participation as a non starter, and upon mutual appearance assigns a Mediator. The mediation must be completed within three months, extendable by two months by consent. Mediators facilitate voluntary settlement, maintain confidentiality, record settlements in the prescribed form and report failures to settle; parties share fees equally and must act in good faith. (AI Summary)
Date 14 Jun 2021
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Cross-empowerment under GST can produce overlapping jurisdiction; challenge out-of-jurisdiction actions promptly.
Cross-empowerment under the GST scheme via Section 6 permits Central and State/UT officers to exercise powers across Acts, producing overlapping jurisdiction especially where intelligence-based enforcement is initiated. Executive clarifications allow the initiating administration to complete investigation and adjudication without mandatory transfer, while judicial decisions vary: courts quash actions where officers lack statutory appointment or territorial/functional nexus as the proper officer, and uphold enquiries where registration or activities confer local jurisdiction. Taxpayers should verify the authorising officer and challenge out-of-jurisdiction proceedings. (AI Summary)
Date 12 Jun 2021
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GST on cryptocurrencies could depend on classification as goods, services, or intangible asset, affecting levy and place of supply.
Whether GST applies to cryptocurrencies depends on classification as goods, services, money, or intangible asset; cryptocurrencies are not recognised as currency by the Reserve Bank and thus are unlikely to be treated as money. If classified as goods or as services/intangible assets, transactions-including mining, trading and facilitating activities-would be taxable under residual commodity or generic service entries, with valuation to be determined in rupee terms or equivalent foreign currency and place-of-supply and registration rules applying to domestic and cross-border transactions. (AI Summary)
Author
Date 11 Jun 2021
Replies 1 Reply
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Transitional GST credit protection - genuine filing errors from technical glitches should not extinguish taxpayers' accumulated credit.
The court held that systemic technical glitches and rapid transition to the electronic GST regime prevented many taxpayers from filing TRAN 1 error free, and that relief limited to those able to produce specific digital evidence was irrational. It emphasised that genuine, inadvertent omissions should not extinguish taxpayers' entitlement to carry forward transitional credits and that the absence of an effective rectification mechanism necessitates procedural accommodations-including reopening electronic portals or allowing manual submission-to enable claiming of accumulated credits. (AI Summary)
Author
Date 10 Jun 2021
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Foreign exchange transaction risk can be hedged using forwards, options and near time contracts to manage currency exposure.
Foreign exchange instruments-spot, forward, futures, options and swaps-differ by settlement timing, standardisation and obligations. Currency exposure, particularly transaction risk, arises from the delay between contract agreement and settlement and grows with longer settlement lags. Principal mitigation strategies include using forward contracts to lock rates, buying options to retain execution choice, and preferring near-time contracts to minimise the period of exposure. (AI Summary)
Author
Date 10 Jun 2021
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Ethanol blending policy: expanded interest subvention to incentivize distillery expansion and accelerate petrol blending targets.
The paper explains the expanded interest subvention scheme that subsidises loan interest for new or expanded distilleries using approved feedstocks, conditional on supplying at least 75% of added capacity to oil marketing companies for blending; outlines accelerated national targets and capacity estimates for 20% ethanol blending; details regulatory standards for E5/E10/E20, vehicle compatibility, and safety (including BIS, MoRTH notifications and AIS 171); and identifies implementation constraints such as environmental clearances, feedstock availability, interstate transport issues, and pricing models tied to FRP and molasses rates. (AI Summary)
Author
Date 10 Jun 2021
Replies 1 Reply
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Shop and Establishment Registration added to incorporation compliance via revised AGILE PRO form, expanding integrated onboarding registrations.
The amendment expands the AGILE PRO incorporation form (revised as AGILE PRO S) to include Shop and Establishment Registration alongside GSTIN, ESIC, EPFO, professional tax and bank account opening; it revises clause sequencing and substitutes Form INC 35 to reflect these integrated onboarding changes. (AI Summary)
Author
Date 09 Jun 2021
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TDS on purchase of goods makes buyers primarily liable to withhold tax, with sellers collecting only if buyers default.
Section 194Q imposes primary TDS on buyers for purchases of goods exceeding the statutory threshold where the buyer meets a turnover condition, with deduction at time of credit or payment; section 206(1H) requires TCS by sellers on receipts above the threshold but yields to other TDS provisions. Both provisions operate on aggregate annual transactions, may include indirect taxes in the taxable base, involve distinct reporting and certificate obligations, and create operational burdens requiring automation and clarifications on GST inclusion and the threshold computation date. (AI Summary)
Date 09 Jun 2021
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Provisional attachment powers expanded, raising risks of misuse and business disruption absent strict evidentiary safeguards.
Provisional attachment under GST allows the Commissioner to attach property, including bank accounts, during specified pending proceedings to protect revenue, but only when the Commissioner, acting on tangible material, forms an opinion that such attachment is necessary and proportionate. Courts treat this power as drastic and exceptional, require strict compliance with statutory ingredients, disallow mechanical or delegated use, and mandate that liquid assets be attached only as a last resort. A recent amendment broadens scope to other persons and additional proceedings, prompting concerns about misuse absent clear statutory benchmarks and administrative guidance. (AI Summary)
Author
Date 08 Jun 2021
Replies 2 Replies
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Interest on electronic cash ledger payments limited to ledger debited amounts, with staggered relief and filing extensions implemented.
Interest on tax paid from the electronic cash ledger is made retrospectively applicable, with interest on delayed returns confined to amounts debited from that ledger. Notifications further extend GSTR 1 filing dates for specified months, prescribe staggered interest relief tied to turnover bands for delayed electronic cash ledger payments, reduce late fees across GSTR 3B, GSTR 1, GSTR 4 and GSTR 7 subject to turnover and nil liability categories, exempt government entities from e invoice rules, extend many compliance time limits (with listed exceptions), and allow temporary EVC filing and cumulative ITC adjustment limits when supplier details are missing. (AI Summary)
Author
Date 08 Jun 2021
Replies 1 Reply
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QRMP scheme simplifies GST compliance for small taxpayers, permitting quarterly returns with monthly tax payments.
The QRMP scheme allows eligible small GST taxpayers to file GSTR-1 and GSTR-3B quarterly while making monthly tax payments, with eligibility set by PAN level turnover as reflected in prior GSTR-3B filings. Payments in the first two months may be made via the Fixed Sum Method-using a system generated challan based on prior cash payments-or the Self Assessment Method; IFF is optional for early transmission of invoice details to facilitate recipient ITC. The portal provides draft quarterly GSTR-3B auto-populated from GSTR-1 and any IFF entries, and frequency selection is subject to prescribed timelines. (AI Summary)
Author
Date 08 Jun 2021
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Overseas investment limits increased for mutual funds; scheme disclosures and monthly reporting obligations adjusted accordingly.
The circular raises per-fund overseas investment ceilings and the per-fund ETF investment cap while maintaining the industry aggregate cap. New-scheme documents must disclose intended overseas investment amounts at NFO, which will operate as soft limits for monthly reporting. Ongoing schemes retain a prescribed investment headroom based on recent average overseas AUM to permit incremental overseas investments, subject to the revised per-fund ceilings. All other previously specified conditions governing overseas investments remain unchanged and the modifications are effective immediately. (AI Summary)
Author
Date 08 Jun 2021
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Economic recovery depends on coordinated monetary support, targeted sectoral liquidity and accelerated vaccination to restore demand.
Second-wave Covid-19 is depressing services-led demand while goods activity persists under selective restrictions; monetary policy remains accommodative with unchanged policy rates and targeted central bank measures-additional bond purchases, dedicated liquidity for affected sectors, and incentives for banks-to support credit. Recovery depends on health containment, vaccination rollout and revival of private consumption and investment, and requires complementary stimulus and targeted sectoral support. The author recommends expanding priority-sector definitions to include health and education to bolster socio-economic resilience. (AI Summary)
Date 07 Jun 2021
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Higher TDS/TCS rates for non-filers require increased withholding and new TDS obligations on purchases and returns filing.
Amendments introduce higher withholding obligations: withholding at original rates on non-salary payments, an elevated withholding regime for payments to specified non filers, and withholding on purchase of goods by specified buyers. Provident fund interest on employee contributions above prescribed thresholds is taxable; employer must timely deposit employee contributions to claim deductions. Goodwill is not depreciable and its purchase price is treated as cost for capital gains with prior depreciation adjustments. Filing windows, audit thresholds, tax regime election filing, exclusions from presumptive taxation, ULIP equity conditions, notice timelines, equalisation levy scope, and assessment time limits are also modified. (AI Summary)
Author
Date 07 Jun 2021
Replies 1 Reply
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Input tax credit timing adjustment allows landowners in joint development agreements to claim credit earlier when developer pays GST.
Permissive amendment for Joint Development Agreements allows developers to discharge GST prior to issuance of completion certificate so landowners can immediately claim input tax credit when flats are sold before completion, enabling back-to-back contractual payment arrangements that remove prior timing mismatches in ITC utilisation. (AI Summary)
Author
Date 05 Jun 2021
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GST exemptions and rate changes extended for COVID items; amnesty and fee rationalisation introduced to ease compliance burdens.
Extension of GST Exemptions for specified COVID 19 items until 31 August 2021 and a targeted suite of clarifications and rate changes: exemption of mid day meal services to educational institutions; exemption of fee based examination services by recognised boards; permitted utilisation of input tax credit by land owner promoters with developer discharge rules; reduction of MRO services for ships to 5%; B2B place of supply as recipient location; conditional exemption/5% rate for milling services for PDS distribution; GST on annuity road payments; and specified rates for rope way construction and other services. (AI Summary)
Author
Date 05 Jun 2021
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Royalty taxation: characterization and place-of-supply rules determine GST and income-tax treatment of IP transfers.
Characterisation and contractual form determine tax consequences for IP exploitation: payments for use, licensing, or sale may be treated as royalties for income-tax purposes, while indirect tax treatment hinges on whether the transfer is a supply of goods (permanent transfer) or a service (temporary/short-term transfer), with place-of-supply rules governing short-term transfers and contractual terms and judicial criteria determining classification. (AI Summary)
Date 05 Jun 2021
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Medical treatment deduction permits tax relief for health insurance, specified ailment treatment, and disability maintenance.
Deductions for medical treatment are provided under three regimes: health insurance and preventive care premiums and medical expenditure; treatment of specified serious ailments subject to specialist prescription and prescribed limits with enhanced relief for senior citizens; and maintenance and treatment of dependants with disability, subject to defined dependant and disability definitions, mandatory medical certification, approved insurance schemes with beneficiary nomination, and reduction for insurance reimbursements. (AI Summary)
Date 04 Jun 2021
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Late fee Amnesty for GST returns reduces penalties and clarifies interest liability and temporary compliance extensions.
An amnesty reduces or waives late fees for past-period GSTR-3B filings within a prescribed window and caps prospective late fees across return types; interest remains payable on unpaid tax while a retrospective amendment clarifies interest is payable on tax actually paid from the electronic cash ledger. Extensions and staged reliefs for filing and interest are provided for various taxpayers and returns, several statutory provisions are excluded from the general extension, and operational changes include e invoice exemptions for certain public entities, temporary EVC filing for companies, and cumulative application of Rule 36(4) for ITC reconciliation. (AI Summary)
Author
Date 04 Jun 2021