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Permissible activities after lockdown: phased reopenings under conditions; essential sectors stay operational amid economic losses and inflation uncertainty.
The lockdown mandates phased, conditional resumption of activities: broadly permissible activities will reopen only after government-specified relaxations and protocols, while designated functional activities-agriculture, daily-wage work, cargo movement, health and public utilities, media, IT and maintenance services-remain operational under safety protocols. The lockdown is expected to cause significant short-term economic loss with concentrated impacts on transport, hospitality, restaurants and real estate. The inflationary effect is uncertain, as falling food prices could be offset by cost-push increases in non-food items due to supply disruptions. (AI Summary)
Date 21 Apr 2020
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Liquidity measures: central bank deploys targeted repo operations and LCR relief to sustain credit flows and market functioning.
The central bank implemented liquidity-support measures including targeted long-term repo operations, liquidity injections and a reverse repo rate reduction, combined with a temporary lowering of the Liquidity Coverage Ratio for scheduled commercial banks and special finance facilities to development institutions to sustain credit flows. (AI Summary)
Author
Date 21 Apr 2020
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Due date extensions for tax compliance with concessional interest and suspended procedural time limits during lockdown.
Ordinance grants a common extended deadline for specified income-tax compliance falling within the lockdown period, reduces the monthly interest rate for delayed tax-related payments and filings, and waives penalties for belated/revised returns filed by the extended date. It extends deadlines for TDS/TCS filings, PAN-Aadhaar linking, investment-triggered deduction windows, commencement for special-zone deductions, and applications under a dispute-resolution scheme. Procedural time limits for authorities and assessees-such as completion of proceedings, issuance of notices, and filing of appeals or returns-are similarly suspended and extended to the common date. (AI Summary)
Author
Date 21 Apr 2020
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Work from home enabled by ITES secures operational continuity and prescribes remote documentation, connectivity, and compliance tasks.
Use of information technology enabled services (ITES) to enable work from home or work from anywhere by assessing ITES infrastructure, identifying remotely executable tasks, and downloading and reviewing electronic records (bank, depository, ledger, card statements) and regulatory communications; employ online accounting tools for account finalisation, prepare electronic copies and drafts for later physical dispatch, and establish connectivity, hardware and software readiness to sustain business continuity and compliance. (AI Summary)
Date 21 Apr 2020
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SEBI timeline relaxations ease compliance deadlines for depositories, intermediaries and listed entities during lockdown period.
SEBI issued temporary timeline relaxations excluding the disruption period when computing processing timelines under Regulation 74(4) and 74(5) of the Depositories Regulations and the KRA upload circular, and allowed a short additional period to clear backlogs. Separately, SEBI granted LODR-specific reliefs: reduced prior board-meeting notice requirements for upcoming meetings, non-penal treatment for delayed intimation of lost share certificates during the disruption, temporary exemption from certain newspaper publication obligations for notices and results and specified debt listings, and permitted digital signature authentication for stock-exchange filings. (AI Summary)
Author
Date 21 Apr 2020
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Search and seizure under GST: reasons to believe enable inspection and seizure subject to procedural safeguards and assessee rights.
Inspection, search and seizure under GST allow authorised officers to inspect premises and, when there are reasons to believe tax liability is suppressed, to search and seize goods or documents subject to procedural safeguards such as GST INS-01 and Rule 139; seized goods trigger rights including panchanama, INS-03 seizure orders, access to copies of documents, show cause notices under section 73, and statutory timelines for return or release on payment, while judicial review is confined to rational connection between material and the officer's opinion. (AI Summary)
Date 20 Apr 2020
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GST compliance relaxations extend filing deadlines and conditionally waive interest and late fees for specified return periods.
Government issued temporary GST compliance relaxations during the lockdown that extend filing and payment deadlines for specified forms, allow cumulative application of Rule 36(4) for ITC across February-September 2020, and provide conditional interest relief and late fee waivers for GSTR 3B and GSTR 1 subject to revised filing schedules differentiated by taxpayer turnover and specified exclusions. (AI Summary)
Author
Date 20 Apr 2020
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GST on lottery: classification as taxable supply of goods with prescribed valuation and differentiated Council-set tax treatment.
Supply of lottery tickets is treated as a taxable supply under GST because actionable claims have been included within the definition of goods; the GST Council prescribed differential tax treatments for lotteries confined to the organizing state and those authorized for sale beyond it, and valuation of lottery supplies is determined by deemed valuation formulas now incorporated into the GST Rules. (AI Summary)
Author
Date 20 Apr 2020
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Due date extension for filing returns alters interest entitlement on refunds when administrative orders revise filing deadlines.
An administrative extension of the filing due date under Section 119 replaces the original deadline for specified taxpayers, so returns filed within the extended period count as timely for purposes of return-related provisions and entitlement to interest on refunds under Section 244A; treating such returns as belated for interest calculation under related provisions is inconsistent with the statutory limitation that administrative instructions must not be prejudicial to taxpayers. (AI Summary)
Date 20 Apr 2020
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GST on supply to residents: linked contracts treated as supply to society, GST applies on combined maintenance services.
The authority treats water supplied in tankers as goods and finds that separate contracts for maintenance and water supply are interrelated; because common storage and distribution demonstrate the water is supplied to the society, the contracts are linked and the supplies must be treated together for GST purposes, making the applicant liable to pay GST on the maintenance-related transaction. (AI Summary)
Date 20 Apr 2020
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Name change compliance requires meeting regulatory conditions and securing exchange and registrar approvals before finalizing the listed entity's new name.
Regulation 45 requires a listed entity seeking a name change to wait at least one year from its last name change and to demonstrate that the proposed name reflects its activities by meeting either a revenue test (at least fifty percent of prior year revenue from the new activity) or an investment test (investment in the new activity constituting at least fifty percent of assets). The entity must obtain name availability from the registrar and secure exchange approval supported by certifications from the company secretary and from practicing chartered accountants or statutory auditors; a structured in principle and final documentation checklist governs filings and implementation on share certificates. (AI Summary)
Author
Date 20 Apr 2020
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Inspection and search powers under GST: written authorisation, seizure inventory, and release on bond or security.
Section 67 and rules empower officers at or above Joint Commissioner to authorise inspection by INS 01 where objective reason to believe exists for suppressed supplies, stock, excess ITC claims or evasion via transport or warehousing; no prior notice is required. Search and seizure may follow inspection or be ordered separately where goods liable to confiscation or relevant documents are secreted; search uses INS 01, seizure is recorded in INS 02, custody alternatives use INS 03, release on bond or security, perishable goods released under INS 05, and time limits apply for return or release. (AI Summary)
Date 18 Apr 2020
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Restriction on export with payment of tax limits EOUs using duty-free imported capital goods from opting to pay IGST and claim refunds
Restriction on the option of export with payment of tax applies to goods manufactured using imported inputs or capital goods brought in under duty- and tax-exemption; EOUs using such duty-free capital goods (other than those under EPCG) cannot opt to pay IGST and compensation cess and claim refunds, whereas capital goods under EPCG are eligible for the export-with-payment exception, and a later explanation permitting IGST/CC payment where only basic customs duty was exempted does not extend to these EOUs. (AI Summary)
Author
Date 18 Apr 2020
Replies 1 Reply
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Slip of the tongue: prioritize context and clarification over criticism to avoid politicizing inadvertent speech errors.
Slip of the tongue commonly results from neuropsychological factors, anticipation or reversal of sounds, word-selection mistakes, age, stress, long or extempore speech, and transcription software errors. Public utterances should be interpreted in their full context, prioritising speaker intent and circumstances. Rather than derision or politicization, audiences and media should request clarifications to resolve ambiguity and avoid amplifying inadvertent errors into controversy. (AI Summary)
Date 18 Apr 2020
Replies 3 Replies
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Transfer as going concern exempt from GST when an operating business, with assets and liabilities, is sold intact for continuation.
A Business Transfer Agreement transfers a going concern by conveying assets, liabilities, contracts, employees and related items so the purchaser can carry on the same business; where (i) assets are sold as a business operated as a going concern, (ii) the purchaser intends to continue the same business, (iii) a partial transfer is separately operable, and (iv) there is no series of immediate transfers, the transfer qualifies as a going concern and falls within the exemption under Notification No. 12/2017-Central Tax (Rate). (AI Summary)
Date 18 Apr 2020
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Companies Fresh Start Scheme benefits: immunity for late filings and fee waivers, but director disqualification is not cured.
The Companies Fresh Start Scheme, 2020 and the LLP Modified Settlement Scheme, 2020 allow one time regularisation of belated statutory filings by companies and LLPs with immunity from prosecution limited to delays in filing specified documents; they provide additional fee waivers for enumerated e forms during the schemes' currency, set procedural requirements for struck off or liquidated entities (including NCLT revival where applicable), do not cure director disqualifications, permit DIR 3 KYC reactivation without the usual fee where directors are not otherwise disqualified, and preserve particular conditionalities (such as condonation requirements for MGT 14 and restrictions on certain charge filings). (AI Summary)
Author
Date 18 Apr 2020
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GST on director remuneration: companies liable to pay under reverse charge for services rendered by directors.
Payments made by a company to its directors for services rendered are taxable under GST with the director as supplier and the company as recipient; the company is liable to discharge GST under the Reverse Charge Mechanism. The AAR's finding is binding on the applicant only, challengeable through available appellate channels, and has persuasive but not binding precedent value. (AI Summary)
Author
Date 17 Apr 2020
Replies 4 Replies
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Targeted food subsidy reform: increase concessional rations, tighten eligibility, and reserve free relief for the most vulnerable.
The author urges recalibration of emergency food relief by increasing concessional ration quantities to meet a substantial share of basic dietary needs, reserving fully free supply for defined vulnerable groups, and tightening eligibility through exclusions for households with regular income above a threshold, certain landholders, and families with alcohol dependence. He highlights uneven state entitlements and gaps in public information, and recommends accompanying measures to promote self-reliance and dignity to limit long-term subsidy dependence. (AI Summary)
Date 17 Apr 2020
Replies 2 Replies
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Transfer of business as a going concern: transaction treated as a GST exempt supply under the going concern notification.
The Authority analyzed whether the transfer of land, under construction flats and approved development plan to a purchaser intending to carry on the same construction and sale business constituted a transfer of business as a going concern. Relying on the CGST Act definition of "business" and functional indicators (assets forming a business, purchaser's intent, separable operation, and no consecutive transfers), and on the sale deed showing transfer of the project as a whole with approvals, the Authority treated the transaction as a supply covered by the notification for services by way of transfer of a going concern and exempted it from GST. (AI Summary)
Date 17 Apr 2020
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GST compliance relief and procedural changes recalibrate ITC refund rules and introduce export proceeds recovery safeguards.
Notifications and circulars in March-April 2020 provided COVID related blanket extensions of statutory time limits under the new power while excluding specific provisions; imposed turnover based conditional waivers and reduced interest for delayed returns; tightened refund and ITC rules by restricting refundable ITC to invoices reflected in supplier GSTR 1/GSTR 2A and mandating proportional refund by original payment mode with re credit mechanisms; introduced recovery where export proceeds are not realised; and amended registration Aadhaar authentication and capital goods ITC attribution and reversal mechanisms. (AI Summary)
Author
Date 17 Apr 2020