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Packaged drinking water compliance shifts to continuous testing, source traceability, and mandatory laboratory monitoring under FSSAI.
FSSAI has introduced a mandatory Scheme of Testing for packaged drinking water and mineral water, replacing the earlier BIS certification model with continuous, science-based regulatory oversight. Licensed Food Business Operators must carry out periodic laboratory testing, maintain compliance records, verify source changes, and follow prescribed microbiological, chemical, physical, toxicological, packaging, and hygiene requirements under the Food Safety and Standards Act, 2006. (AI Summary)
Author
Date 29 May 2026
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Natural justice in GST adjudication requires an effective personal hearing and fair consideration before final orders are passed.
GST adjudication must comply with natural justice where proceedings follow a special audit and demand notice for a prior financial year. The article discusses a case involving a second show cause notice for the same year, hurried adjudication near limitation deadlines, and a personal hearing fixed on very short notice. The Delhi High Court is described as treating such conduct as inconsistent with the requirements of sections 66(4) and 75(4)-(5), which require a meaningful opportunity to respond and seek adjournment when necessary. (AI Summary)
Date 28 May 2026
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Cattle feed exemption governs GST refund on cotton seed oil cake, and supply to traders does not change exempt character.
Refund of GST paid on cotton seed oil cake was treated as admissible where the product is used as cattle feed and is exempt under Notification No. 02/2017-Central Tax (Rate). The exemption depends on the product's end use as cattle feed, and mere supply to traders does not change its exempt character. The impugned demand orders were set aside and refund was directed. (AI Summary)
Author
Date 28 May 2026
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Post-export amendment of shipping bills under customs law preserves RoDTEP claims despite technical EDI errors and procedural barriers.
Post-export amendment of shipping bills remains available under section 149 of the Customs Act, 1962 where supporting documents are produced, and the power to amend continues even after export completion, EGM filing, or issuance of a Let Export Order. The discussion treats this amendment mechanism as applicable to both manual and electronic records, and states that procedural or system-based constraints do not by themselves extinguish the statutory ability to correct export documents. It also notes that genuine export claims should not be defeated by technical defects where eligibility exists and no fraud is involved. (AI Summary)
Date 28 May 2026
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Anti-profiteering under GST: Tribunal upheld passing on input tax credit benefits, treated procedural timelines as directory, and allowed interest and penalty.
Anti-profiteering under Section 171 of the CGST Act requires suppliers to pass on the benefit of tax reduction or additional input tax credit through a commensurate reduction in prices. In a residential housing project dispute, the Tribunal applied the revised methodology for computing profiteering, held that the Rule 128 timelines were directory, and concluded that delay by the authorities did not invalidate the proceedings. It also held that GST collected on the inflated consideration formed part of the profiteered amount, with interest and penalty provisions applying as stated in the order. (AI Summary)
Author
Date 28 May 2026
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Water treatment exports from India gain momentum as free-policy trade meets compliance, certification and hazardous-chemical requirements.
Export of water treatment plants, machinery and specialty chemicals from India is described as a growing sector covering reverse osmosis systems, sewage treatment plants, effluent treatment plants, desalination plants, filtration equipment, zero liquid discharge systems and related chemicals. The article states that exports are generally under the free category, but remain subject to environmental regulations, customs laws, BIS standards, international quality certifications, hazardous chemical handling norms and SCOMET restrictions where applicable. Exporters must obtain IEC, GST registration and RCMC and comply with FEMA and RBI requirements. (AI Summary)
Author
Date 28 May 2026
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Wage law consolidation under the Code on Wages standardises minimum wages, bonus rules, and equal remuneration compliance.
The Code on Wages, 2019 consolidates earlier labour laws into a single framework governing minimum wages, payment of wages, bonus, and equal remuneration. It introduces universal minimum wages, national floor wages, a uniform definition of wages, timely wage payment, and an inspector-cum-facilitator mechanism. The Central Rules, 2026 are said to supersede multiple earlier wage and bonus rules and to provide the procedural structure for minimum wages, floor wages, payment of wages, bonus, advisory board matters, dues and claims, and forms and wage slips. (AI Summary)
Date 28 May 2026
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Food adulteration controls tighten as Auramine misuse in food triggers strict inspection, testing, and enforcement action.
Strict enforcement is directed against the use of Auramine or Auramine O in food products because it is not a permitted food additive and its use constitutes prohibited adulteration under the food safety framework. Food business operators must ensure compliance with food safety standards at every stage of production, processing, distribution, storage and sale, and non-compliant food may attract prosecution, penalties, suspension of licence or cancellation of registration. The enforcement programme requires inspections, sample collection, laboratory testing and legal action, including scrutiny of online food sellers and e-commerce platforms. (AI Summary)
Author
Date 28 May 2026
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Online gaming TDS rules govern net winnings, valuation, account aggregation, and the monthly threshold for deduction.
Tax deduction at source applies to net winnings from online gaming from 1 April 2023, and tax is deducted at withdrawal and at year-end. Net winnings are computed from withdrawals after reducing non-taxable deposits and opening balance, while bonus credits, in-kind winnings, and certain convertible deposits may form part of the taxable base. GST is excluded from valuation, multiple user accounts may be aggregated, and no deduction is required where net winnings do not exceed the prescribed monthly threshold. (AI Summary)
Author
Date 27 May 2026
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Natural justice under GST bars a successor officer from deciding after a predecessor alone conducted the personal hearing.
An adjudication order under GST passed by a successor officer after the personal hearing was conducted by a predecessor officer was held to violate the principles of natural justice. The Court held that when one authority hears and another decides, the hearing becomes an empty formality and is inconsistent with the fairness protected under Article 14. It further held that alternate statutory remedy does not bar a writ petition where the impugned order is vitiated by breach of natural justice, and remanded the matter for fresh consideration. (AI Summary)
Author
Date 27 May 2026
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Proper GST notice service and recovery safeguards require effective communication, fair hearing time, and adherence to statutory payment timelines.
Effective service of a show cause notice under GST requires compliance with the prescribed sequence of modes of service, and mere affixture or portal posting without prior ineffective attempts at earlier modes is not a valid substitute. A demand order passed in undue haste without adequate time to reply or attend personal hearing is inconsistent with the statutory framework, and recovery cannot be initiated on the same day where the Act provides a minimum period before payment is required, especially without the reasons mandated by the proviso to the recovery provision. (AI Summary)
Date 27 May 2026
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Typographical errors in judgments and rectification orders highlight the need for careful drafting and clear identification of litigants.
Typographical and inadvertent errors in judgments and orders can create an unintended opposite result and may need rectification to reflect the settled legal position. The described rectification substituted the erroneous wording in the earlier judgment with language consistent with the intended conclusion, and the later Special Leave Petition was dismissed without interference. The article also stresses that careful drafting, accurate records, and clear identification of litigants can reduce confusion and avoid unnecessary litigation. (AI Summary)
Date 27 May 2026
Replies 1 Reply
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Section 169 service under GST law permits cumulative modes, including registered post, when portal and email go unanswered.
Service of notice under Section 169 of the CGST Act may be effected cumulatively through multiple modes where portal upload and email do not elicit a response. The Tribunal directed that, in addition to service through the GSTAT portal and email, notice must also be sent by registered post/speed post because no effective response was received despite repeated electronic communications. (AI Summary)
Author
Date 27 May 2026
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GST procedural timelines and portal communication were treated as directory, preserving appellate rights and fairness in digital tax administration.
Procedural timelines under the GST framework were construed as directory rather than mandatory where the statute did not prescribe a consequence for delay. The ninety-day period for deciding appeals under Section 101(2) of the CGST Act was treated as intended to promote expeditious disposal and administrative discipline, not to extinguish appellate rights merely because the period was exceeded. The interpretation was guided by settled principles distinguishing mandatory and directory provisions, with emphasis on legislative intent, statutory purpose, and the need to avoid an interpretation that defeats substantive rights through procedural rigidity. Limitation and service issues arising from GST portal upload, electronic communication, and actual receipt were addressed in the context of departmental appeals against an advance ruling. Portal upload was not treated as the sole determinative factor for communication where actual receipt by the concerned authority was relevant. Delay condonation was treated as a valid statutory exercise of discretion. (AI Summary)
Author
Date 27 May 2026
Replies 2 Replies
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BIS compliance and certification shape lawful market access, foreign manufacturer approvals, and industrial machinery conformity obligations in India.
BIS compliance operates as a statutory precondition for the lawful manufacture, import, distribution, storage, and sale of notified goods in India. For foreign manufacturers, the principal certification pathway is the Foreign Manufacturers Certification Scheme, which requires appointment of an Authorized Indian Representative, technical documentation, factory inspection, product testing, and continuing surveillance. Scheme X applies to specified industrial machinery, mechanical appliances, and electrical equipment and involves classification analysis, conformity assessment, and ongoing reporting and renewal obligations. (AI Summary)
Author
Date 27 May 2026
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Show cause notice replies under GST must be detailed, documented, and structured around factual and legal defences before adjudication.
Show cause notice replies under GST should be drafted as a complete written defence supported by documents, statutory interpretation and judicial pronouncements, and addressed to the adjudicating officer. The reply should cover a summary of allegations, a statement of facts, and detailed submissions on the grounds of defence, including cum-tax valuation, interest on unsustainable demand, limitation, suppression with intent to evade tax, and penalties. It should also reserve the right to add further materials, contain a para-wise reply, and end with a prayer for appropriate disposal and a personal hearing. (AI Summary)
Date 27 May 2026
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Personal liberty in GST prosecutions remains central when documentary evidence is secured and trial delay prolongs undertrial custody.
GST prosecution involving alleged fake invoicing and fraudulent input tax credit was examined in relation to arrest, prolonged custody and personal liberty under section 132 of the CGST Act. The discussion emphasised that the case rested largely on documentary and electronic evidence already secured by the department, including GST portal data, bank records, chats and mobile records. It highlighted that continued pre-trial detention must satisfy fairness, proportionality and necessity, especially where the investigation is substantially complete and the trial is likely to take considerable time. (AI Summary)
Author
Date 27 May 2026
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Food safety and licensing compliance govern non-veg food businesses in India, alongside GST, municipal, labour, and hygiene rules.
Sale of non-vegetarian food in India is regulated through a layered compliance framework covering food safety, municipal licensing, shop and establishment registration, GST, waste disposal, labour, fire safety, and slaughter-related rules. The central requirement is FSSAI registration or licence, with basic registration for small operators, state licences for medium businesses, and central licences for large organised chains, exporters, slaughterhouses, and import-export operators. Meat and fish businesses must also maintain hygiene, cold storage, medical fitness, approved waste disposal, and use approved slaughter facilities. (AI Summary)
Author
Date 27 May 2026
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GST transit-State enforcement cannot override free inter-State trade or expand inspection powers into unlimited penal jurisdiction.
GST transit-State enforcement is limited to inspection and verification of goods in transit and does not extend to unlimited penal jurisdiction over inter-State transactions merely because goods pass through a State. Cross-empowerment under GST operates within the Central-State framework of the same State and cannot be used by one State to penalise transactions substantially connected with another State. The article also emphasises the constitutional protection of free inter-State trade and the practical position that a purchasing dealer should not be penalised solely for a supplier's failure to issue an e-Invoice. (AI Summary)
Author
Date 27 May 2026
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Guar gum export compliance drives India's global trade through product classification, quality standards, and customs documentation.
Guar gum exports from India are described as a major agro-based trade segment supported by India's dominant production, strong processing capacity, and export logistics. The article explains product varieties such as food grade, industrial grade, oil drilling grade, fast hydration guar gum, and guar splits, and notes that export classification depends on product form and end use. It also outlines sourcing, processing, testing, certification, packaging, documentation, customs clearance, and compliance with quality parameters such as viscosity, purity, moisture content, and microbial limits. (AI Summary)
Author
Date 27 May 2026