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
IP commercialisation requires valuation, verified ownership, tailored licensing and continuing compliance to convert protected assets into economic value.
IP commercialisation requires valuation of legal, technical and commercial factors, including ownership, protection, market demand, revenue potential, remaining life, licensing potential and enforceability. Cost, market, income and relief-from-royalty methods may be used according to the asset and available information. Licensing preserves ownership while granting defined rights, unlike assignment, which transfers ownership. Effective arrangements should define scope, territory, exclusivity, royalties, confidentiality, improvements, enforcement, audit and termination. Due diligence should address title, existing rights, third-party claims and freedom to operate, alongside competition, tax, accounting and cross-border considerations. (AI Summary)
Author
Date 01 Oct 2026
Like 0 Bookmark
Long-term land lease exemption requires strict compliance with tenure, government ownership, permitted plot use, and recipient eligibility.
Entry No. 41 of Notification No. 12/2017-Central Tax (Rate) conditionally exempts upfront lump-sum consideration for long-term land leases. The lease must be for at least 30 years, concern eligible industrial or financial-business infrastructure plots, be granted by a qualifying government-owned lessor, and be received by an industrial unit or developer. Exclusive authorised use is required, and changes may attract joint and several liability for tax, interest, and penalties. Strict construction places the burden on the claimant, while substantial compliance can cure a procedural omission, such as an exemption recital, but not mandatory conditions concerning tenure, ownership, recipient, or qualifying use. (AI Summary)
Date 30 Sep 2026
Replies 1 Reply
Like 0 Bookmark
Mandatory written rectification orders require timely decisions on taxpayer applications, with non-disposal argued to imply allowance.
Rectification provisions are treated as requiring the competent income-tax authority to issue a written order making an amendment or refusing an application by an assessee, deductor, collector, or specified appellate applicant. The order must be passed within six months from the end of the month of receipt, subject to the four-year amendment limitation and statutory exceptions. Adverse amendment requires notice and a reasonable hearing. By analogy with deemed registration following non-disposal of a statutory application, non-disposal of a rectification application without objection or rejection is argued to permit deemed allowance. (AI Summary)
Date 30 Sep 2026
Like 0 Bookmark
GST portal service validity remains unsettled where notices and orders appear in less visible portal tabs.
Validity of GST portal-based service is under examination where a show-cause notice and adjudication order were uploaded under less visible portal tabs. Section 169 of the CGST Act includes making communications available on the Common Portal among permitted service modes. Competing interpretations treat portal availability either as insufficient without effective communication or as an independent, complete mode of service. The issue bears on ex parte adjudication, recovery action, appeal limitation, and principles of natural justice. (AI Summary)
Author
Date 30 Sep 2026
Like 0 Bookmark
Scope of total income remains substantially aligned, preserving resident and non-resident taxation rules while recasting provisions structurally.
Section 5 of the Income-tax Act, 2025 substantially retains the scope-of-total-income framework under the Income-tax Act, 1961. Residents are taxable on Indian receipts, Indian accruals, and foreign accruals, subject to the restricted inclusion of foreign income for persons who are not ordinarily resident. Non-residents are taxable on Indian receipts and Indian accruals. Foreign income is not deemed received merely because it appears in an Indian balance sheet, and income included on accrual cannot be included again on receipt. (AI Summary)
Date 30 Sep 2026
Like 0 Bookmark
Workplace humour supports leadership trust, emotional resilience, and respectful relationships when it remains inclusive, proportionate, and free from humiliation.
Appropriate workplace humour can coexist with serious professional purpose, enabling proportionate responses to mistakes, pressure and disagreement without reducing responsibility. In leadership, self-aware and respectful humour may reduce psychological distance, encourage candid feedback and timely disclosure of problems, and strengthen trust and psychological safety. It must not become sarcasm, ridicule, personal insult or humour directed at characteristics or mistakes of persons with less power. Its value depends on context, restraint, authenticity and whether it preserves every participant's dignity. Professional achievement is strengthened by humility, emotional accessibility, gratitude and the ability to remain connected to colleagues and family. (AI Summary)
Author
Date 30 Sep 2026
Replies 2 Replies
Like 0 Bookmark
Patent Cooperation Treaty filing preserves foreign patent options while deferring jurisdiction-specific costs and supporting informed national-phase choices.
The PCT provides a unified international patent-filing route that preserves foreign filing options while deferring many country-specific decisions and expenses. It does not grant an international patent; enforceable rights arise only after national or regional examination and grant. Indian corporates should file within the priority period, ensure ownership, confidentiality and inventor details, and comply with Section 39 requirements before foreign filing where applicable. International search results and written opinions provide non-binding patentability information, while national-phase entry, freedom-to-operate analysis and portfolio management remain necessary. (AI Summary)
Author
Date 30 Sep 2026
Like 0 Bookmark
Inverted-duty GST refunds depend on higher-taxed processing inputs, while appellate re-quantification may implement final eligibility without fresh adjudication.
Inverted-duty GST refund eligibility under Section 54(3)(ii) depends on whether unutilised input tax credit arises because eligible inputs bear higher tax rates than outward supplies. Higher-taxed chemicals, dyes, reagents and consumables used in processing lower-taxed fabric must be considered; a common HSN classification or the status of an input as non-principal does not negate rate inversion. Circular No. 135/05/2020-GST concerns identical goods sold at lower rates after a rate reduction, not multi-input processing. Once appellate eligibility is finally decided, verification and calculation under Rule 89(5) are consequential, not a remand. (AI Summary)
Author
Date 30 Sep 2026
Like 0 Bookmark
Design registration protects qualifying product appearance where visual features are novel, undisclosed, and accurately represented before commercial launch.
Registrability depends substantially on novelty or originality, visual character, application to a relevant article, and absence of excluded subject matter. Prior publication or disclosure can affect registration, including disclosure through existing products, catalogues, websites, e-commerce platforms, trade fairs, advertisements, social-media posts, databases, and earlier commercial activity. Businesses should conduct prior-design searches, maintain confidentiality, restrict prototype access, use appropriate confidentiality arrangements, and file before public disclosure. Companies using employee, consultant, or external designer contributions should secure ownership, assignment, confidentiality, registration, and prototype-use rights through clear written arrangements. (AI Summary)
Author
Date 30 Sep 2026
Like 0 Bookmark
Trademark registration requires distinctive marks, accurate classification, examination responses, publication, opposition clearance, and timely renewal to secure statutory protection.
Trademark registration requires selection of a distinctive and adequately represented mark, a search for identical or deceptively similar earlier marks, and precise identification of goods or services under the appropriate Nice class or classes. The proprietor files Form TM-A with applicant, mark, specification, use and supporting details as applicable. Registry examination may lead to objections, replies and a hearing. Accepted applications are published for a four-month opposition period; registration then remains subject to statutory conditions, renewal every 10 years and restrictions on using the (r) symbol before registration. (AI Summary)
Author
Date 30 Sep 2026
Like 0 Bookmark
Eligible startup deduction permits full profit relief for an elected consecutive period, subject to business, machinery, audit and valuation conditions.
Section 140 permits an eligible start-up to claim a full deduction of profits derived from eligible business for any chosen three consecutive tax years within ten years of incorporation. Eligibility requires a qualifying company or limited liability partnership engaged in innovation-oriented or scalable business, compliance with incorporation, turnover and certification conditions, and restrictions on reconstruction and use of previously used machinery. The deduction requires audited accounts and timely audit reporting, with eligible-business profits computed independently and internal transfers valued at market value or an arm's length basis where applicable. (AI Summary)
Date 29 Sep 2026
Like 0 Bookmark
Indian Customs Waters define maritime customs reach, while specialised laws govern fishing, offshore resources, and maritime security.
Indian Customs Waters extend to the Exclusive Economic Zone and give Customs law a maritime enforcement reach beyond ports and the shoreline. Customs officers may, where statutory conditions are met, stop and search vessels, search persons, arrest persons, and act against prohibited or undeclared goods intended for unlawful importation. Geographical presence within Indian Customs Waters does not make Customs the regulator of all maritime activities; fishing, offshore resources, security and environmental matters remain subject to their specialised statutory regimes. (AI Summary)
Date 29 Sep 2026
Like 0 Bookmark
GSTAT infrastructure and accessible jurisprudence require stronger institutional support for consistent GST appellate adjudication.
The Goods and Services Tax Appellate Tribunal is presented as a specialised appellate forum requiring stronger infrastructure, permanent premises and adequate supporting personnel for effective GST adjudication. Its freely accessible E-Journal consolidates significant orders and emerging GST jurisprudence, including issues concerning personal hearing and proper notice, e-way bill penalties, tax-head classification, section 74 proceedings, GSTR-2A and GSTR-3B mismatch, pre-deposit, and waiver of interest and penalty. First appellate authorities are expected to decide appeals consistently with applicable legal requirements. (AI Summary)
Date 29 Sep 2026
Like 0 Bookmark
Insider trading liability arises from trading with UPSI, while commercial necessity and use of sale proceeds provide no defence.
Trading by an insider while in possession of unpublished price-sensitive information gives rise to a presumption that the trade was motivated by that information. Commercial necessity, financial distress, subsequent use of sale proceeds, absence of personal enrichment, and lack of immediate share-price movement do not rebut that presumption. Permitted defences are confined to structured, transparent, or regulated transactions that negate misuse of UPSI. Liability does not require proof of profit, and loss avoided may support remedial disgorgement. (AI Summary)
Date 29 Sep 2026
Like 0 Bookmark
Tax audit reporting deadlines should follow deduction-payment cut-offs to prevent incomplete filings, revisions, and avoidable penalty exposure.
Tax Audit Report deadlines are criticised where prescribed disclosures include payments and tax deposits that may be made until the later income-tax return deadline. This timing mismatch may prevent complete reporting, cause qualified or revised audit reports and returns, and expose assessees to delayed-filing penalty proceedings. The analysis invokes impossibility-of-compliance principles and proposes fixing the payment cut-off before the Tax Audit Report deadline, with sufficient time thereafter for accurate reporting and return filing. (AI Summary)
Date 29 Sep 2026
Replies 1 Reply
Like 0 Bookmark
Input tax credit adjudication must precede refund exclusion, preserving notice-based due process and preventing collateral credit disallowance.
Refund authorities may verify entitlement, computation and formula-based exclusions under Section 54 and Rule 89(5), but cannot determine that already availed input tax credit is substantively ineligible through refund adjudication. Allegedly wrongly availed credit requires separate determination under Sections 73 or 74. A notice proposing rejection must identify disputed transactions, statutory grounds and computation; a vague allegation of "wrong ITC" is insufficient. Appellate examination cannot introduce a new factual basis absent from the original notice. (AI Summary)
Author
Date 29 Sep 2026
Like 0 Bookmark
Trademark licensing fees remain revenue expenditure when users acquire contractual use without ownership or enduring proprietary rights.
Recurring trademark fees paid under licences are characterised as revenue expenditure when the user receives only contractual use and no ownership, proprietary interest, or enduring asset. Payments for trademarks or technical know-how are similarly treated as revenue where ownership remains with the licensor. The same criterion distinguishes capital receipts from taxable income: incentives or subsidies directed to capital purposes are capital receipts. Trademark licensing costs may qualify for business-expenditure deduction where incurred for business without transfer of proprietary rights. (AI Summary)
Author
Date 29 Sep 2026
Like 0 Bookmark
Period-specific ITC reversals affect zero-rated export refunds only when reversed credit formed part of current-period Net ITC.
Refunds of accumulated Compensation Cess credit on zero-rated exports must be calculated from Net ITC actually availed during the relevant period. A reversal recorded in Form GSTR-3B within that period affects the formula only where the reversed credit was availed and included in that period's Net ITC. Historical credit reversed during the period, but never included in the current computation, cannot be deducted merely because of the timing of the entry. Administrative clarification and income-tax accounting cannot add conditions absent from the statutory formula. (AI Summary)
Author
Date 29 Sep 2026
Like 0 Bookmark
Tax appeal defect compliance requires timely correction and appearance; persistent non-compliance may lead to rejection before admission.
Defects capable of preventing admission include an illegible vakalatnama; appeal papers or supporting documents lacking digital signatures; an uncertified, unsigned, or illegible show-cause notice; omission of the order-in-original; and an impugned appellate order lacking its reference number or date. Failure to cure defects, upload supporting material, attend listed hearings, or seek adjournment despite repeated opportunities may result in rejection under Rule 24(4) of the GSTAT (Procedure) Rules, 2025. (AI Summary)
Date 28 Sep 2026
Like 0 Bookmark
GST Exemption Evidence: claimants must furnish GSTIN-wise records to establish interest-related adjustments and avoid adverse evidentiary presumptions.
GST exemption claims must be supported by cogent GSTIN-wise documentary evidence. GSTR-9C disclosure, entity-level audit records, or a non-speaking Chartered Accountant certificate cannot independently establish that unreconciled turnover is exempt interest income attributable to another registration. The taxpayer bears the burden of proving that the amount satisfies the exemption conditions and relates to the relevant period. Failure to produce available records at assessment and appellate stages may support an adverse inference that the withheld evidence would be unfavourable. (AI Summary)
Author
Date 28 Sep 2026