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Income tax search and seizure assessments show systemic deficiencies, low appeal sustainability, and weak inter agency coordination.
The Performance Audit finds statutory gaps and systemic failures in income tax search and seizure assessments: non centralisation of group cases, inconsistent and inadequately justified additions, low appellate sustainability of additions, delays in handing over appraisal reports, failures to use or verify statements under section 132(4), incorrect tax and penalty handling, and poor inter agency information sharing. The audit recommends legislative amendments (to restrict set offs and cover bogus transactions), time limits for notices under section 153A/153C, tighter centralisation and monitoring, mandatory Action Notes/Narrative Reports, consistent use of section 132(4) statements, and strengthened information sharing and accountability mechanisms. (AI Summary)
Author
Date 26 Oct 2020
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Registration requirements for research analysts: SEBI rules require qualification, capital adequacy, disclosure and compliance obligations.
SEBI's framework for research analysts defines covered persons and research reports, prescribes minimum qualifications, certification and capital/net worth requirements, and mandates registration subject to fit and proper and infrastructure assessment. It requires written policies to manage conflicts of interest, restricts personal and entity trading around recommendations, and imposes blackout periods for publication where the analyst or entity has managerial or underwriting roles. Mandatory disclosures, recordkeeping, annual compliance audits, appointment of a compliance officer for corporate entities, inspection powers, enforcement measures and a time bound exemption for regulatory sandbox activities are also prescribed. (AI Summary)
Date 24 Oct 2020
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Anti profiteering: failure to pass input tax credit benefit requires recalibration of sale prices and compliance.
Supplier alleged not to have passed the benefit of additional Input Tax Credit post GST; investigation compared ITC as percentage of turnover pre GST (0.49%) and post GST (7.73%) to compute an incremental ITC benefit of 7.24%. That percentage was applied to amounts collected from buyers in differing tariff phases to determine base profiteered sums and tax components on a unit wise basis. The anti profiteering provision of the CGST framework and implementing rules were applied to require passing the quantified ITC benefit, payment with interest, potential penalty, and monitoring by tax commissioners. (AI Summary)
Date 24 Oct 2020
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Costs discretion in tax appeals: tribunals should consider and award costs to deter harassment in e-proceedings.
The article criticises use of e proceedings where assessing and appellate officers ignored submissions filed electronically and confirmed a penalty on contentious grounds. The Tribunal reviewed several grounds and vacated the penalty on precedent but failed to record or decide the assessee's ground seeking discretionary costs of appeal. The author argues that costs are an appropriate deterrent where notices lack specificity or disallowances are on unsettled issues and that e proceedings require greater attentiveness and accountability to prevent taxpayer harassment. (AI Summary)
Date 23 Oct 2020
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Breach of natural justice requires demonstrable prejudice to invalidate administrative action; courts must assess likelihood of harm.
Violation of the audi alteram partem rule does not automatically invalidate administrative action; the key test is whether such breach caused prejudice. Courts must assess the nature of charges, the enquiry process, and whether facts are admitted; if facts are indisputable, remand may be futile. Where an affected party was kept completely in the dark and suffered consequential loss or debarment, a definite inference of prejudice supports judicial intervention to remedy procedural unfairness. (AI Summary)
Date 22 Oct 2020
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GST compliance deadlines revised and procedural relaxations introduced, altering filing schedules and invoicing requirements for registered taxpayers.
A cluster of CBIC notifications issued on 15.10.2020 reconfigure GST procedural obligations: staggered GSTR 1 and GSTR 3B filing schedules for October 2020-March 2021 based on turnover and state categories; optional filing of annual returns under section 44(1) for eligible low turnover taxpayers for specified years; phased HSN code invoicing requirements by turnover; and amendments to CGST Rules and GST forms affecting invoices, audit thresholds, e way bill reporting and return furnishing. (AI Summary)
Date 22 Oct 2020
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Notice board effectiveness undermined by haphazard display; recommends location-and-bench organisation and direct notices by email or SMS.
The notice board function of the appellate tribunal website fails to provide effective notice because information is displayed haphazardly without logical sequencing by location, bench, date or category, and uploads of bench constitutions and cause lists are often delayed or incomplete. The author recommends structured webpages per location and bench, category-wise segregation of constitution and cause lists, reverse-chronological display, and supplementary direct communications such as email and SMS to ensure parties receive timely hearing information. (AI Summary)
Date 21 Oct 2020
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Consumer commissions jurisdiction restructured into three tiers with specified composition, staffing, transitional rules and appellate paths.
The Act creates a three tier consumer dispute redressal structure-District, State and National Commissions-each with prescribed composition, appointment and staffing rules, transitional provisions preserving incumbents, delegation mechanisms for vacancies, and tiered jurisdictional thresholds for complaints, appeals and for addressing jurisdictional excesses or material irregularities. (AI Summary)
Date 21 Oct 2020
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AI integration in MSME single-window portal enhances real-time grievance detection and analytics for faster stakeholder response.
The Ministry implemented AI and ML in its Champions single window portal to derive real time insights from social media, blogs, forums and news, providing sentiment analysis and consolidated analytics that augment portal complaint data. This produces easy to share live dashboards for control rooms, enables non specialist staff to identify actionable trends without manual data preparation, and prepares the system for a second phase focused on real time grievance redressal, AI chatbots, and end to end workflow analytics to improve response and stakeholder satisfaction. (AI Summary)
Author
Date 21 Oct 2020
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Intermediary services classification: pre sale marketing that facilitates foreign supply is taxable under GST as intermediary services.
Pre sale and marketing activities that identify prospects, promote an overseas principal's products, address customer queries and act as a liaison between principal and customers constitute intermediary services under the IGST framework. Because the service provider does not supply the goods on its own account but facilitates the principal's supply into the taxable territory, those services are taxable and the AAAR upheld the AAR's ruling that such activities fall within the definition of intermediary and are exigible to GST. (AI Summary)
Date 19 Oct 2020
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GSTR reporting concessions continued for FY 2019 20, easing GSTR 9 and GSTR 9C filing requirements, including netting options and turnover threshold.
CBIC's 15.10.2020 amendments preserve concessions for FY 2019 20: GSTR 9 must report only that financial year's figures in Tables 4-7, permits netting of credit and debit notes into primary tables, consolidated reporting of exempt/nil/non GST supplies, aggregated treatment of inputs and input services with mandatory separate capital goods disclosure, cumulative reporting for reverse charge inward supplies, single cell reporting for ITC reversals, and use of GSTR 2A as of 01.11.2020 for Table 8A. Amendments during April-September 2020 are confined to Tables 10-13. Rule 80 keeps the existing turnover threshold for GSTR 9C audit applicability and continues prior form concessions. (AI Summary)
Author
Date 19 Oct 2020
Replies 1 Reply
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Prohibitory order under GST: provisional release allowed where prolonged prohibition lacks timely adjudication and reasoned basis.
Section 67 empowers inspection, search and seizure and permits a prohibitory order barring removal of goods when seizure is impracticable and there is reason to believe tax evasion or suppression of stock. Such orders must be reasoned and concluded without undue delay. Courts may review whether the reasons for belief have a rational connection to the belief. Where material underpinning the belief is deficient and adjudication is delayed, a prohibitory order may be modified to allow provisional release on security while seizure continues pending proceedings. (AI Summary)
Date 17 Oct 2020
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SEBI listing obligations during corporate insolvency require the IRP/RP to assume board duties and make mandated disclosures.
SEBI (LODR) Regulations apply to listed corporate debtors in CIRP and require the interim resolution professional or resolution professional to assume and discharge the roles and responsibilities of the board and specified committees, with tailored exemptions for resolution plans approved under the Insolvency Code and mandatory Schedule III disclosures of insolvency events to stock exchanges. (AI Summary)
Date 16 Oct 2020
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GST compensation shortfall: borrowing option for states debated, alongside return, ITC reconciliation and e invoicing reforms.
GST policy debate focused on compensation shortfall financing, with the Centre and many states endorsing extension of the compensation cess to service repayment and permitting certain states opting for the Centre's borrowing route to raise market debt to cover shortfalls. Parallel compliance reforms include quarterly outward supply filing for smaller taxpayers with monthly challan payments, differentiated HSN reporting thresholds, refund disbursal to PAN/Aadhaar-validated accounts, clarifications on annual return applicability, cumulative application of Rule 36(4) for ITC reconciliation, and expanded e-invoicing rules with temporary relaxations. (AI Summary)
Date 16 Oct 2020
Replies 1 Reply
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Tax Collection at Source on motor vehicle sales requires eligible sellers to collect specified TCS at receipt, subject to exclusions.
Tax Collection at Source requires sellers with prior-year turnover above the statutory threshold to collect TCS at receipt on motor vehicle sales that meet prescribed value criteria; higher rates apply where buyer PAN/Aadhaar is not furnished. Exemptions cover specified government and import transactions and certain traded instruments; discounts, sale returns and indirect taxes including GST are not deductible in computing threshold or collectible TCS. Sellers must assess vehicle scope, prior-year turnover, per-buyer aggregate values and comply with administrative guidance on exclusions and interaction with other withholding rules. (AI Summary)
Date 15 Oct 2020
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Deeming provisions should not substitute for evidence of real income when valuing transactions for tax purposes.
Deeming provisions that treat stamp or registration authority valuations as consideration are statutory presumptions and prima facie indicators only; tax additions should not be made solely on such valuations without independent factual evidence of undisclosed or extra consideration, because guideline values serve limited administrative purposes for stamp duty and may not reflect the real income relevant for constitutional taxation and are rebuttable in judicial review. (AI Summary)
Date 15 Oct 2020
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Retrospective application of Section 50C permits agreement-date stamp valuation to determine deemed consideration, relieving bona fide hardship.
The proviso to Section 50C is a curative amendment to be applied retrospectively, allowing the stamp authority value on the date of the agreement-where a bona fide prior agreement fixes the consideration and payment is evidenced-to be taken as deemed full value of consideration, thereby relieving assessees from hardship arising when market value increases between agreement and registration, subject to safeguards against lack of bona fides. (AI Summary)
Date 14 Oct 2020
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Seizure of cash: proceeds of illicit supplies may qualify as "things" under GST seizure provisions and be seized.
Whether cash constitutes a seizable item under Section 67(2) CGST turns on the scope of the term "things"; a purposive reading of the Act and its definitions supports treating monetary proceeds of illicit supplies as seizable investigatory material when a proper officer, on reasonable belief, considers them useful or relevant to proceedings, subject to provisos limiting seizure of goods and retention of documents, books or things and pending investigation and adjudication. (AI Summary)
Date 14 Oct 2020
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GST anti profiteering: tax reductions or ITC benefits must be passed to consumers or face statutory recovery and penalties.
Section 171 of the CGST Act, 2017 mandates that any reduction in tax rate or benefit of input tax credit be passed to recipients by way of a commensurate reduction in prices. The statutory enforcement process involves DGAP investigation, comparison of pre change average base prices with post change invoice base prices to compute any excess realization, and application of rules governing recovery, deposit to consumer welfare funds where recipients are not identifiable, interest on collected amounts, and potential penalties for contravention. (AI Summary)
Date 13 Oct 2020
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E-invoice under GST standardises electronic B2B invoicing, mandates IRP authentication with IRN and QR code for compliance.
E-invoicing under GST mandates electronic B2B invoice reporting in prescribed JSON format to an Invoice Registration Portal (IRP) which validates data against the central GST registry, issues a digitally signed invoice with a unique Invoice Reference Number (IRN) and QR code, and forwards authenticated invoice data to GST and e way bill systems to automate return reporting and e way bill generation. (AI Summary)
Author
Date 12 Oct 2020
Replies 3 Replies