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Ombudsman grievance redressal: insurers must participate in mediation and comply with ombudsman awards under prescribed procedures.
The Rules create a statutory grievance redressal framework for life and general insurers, governed by an Insurance Council and its Governing Body which appoints Ombudsmen. Ombudsmen have specified jurisdiction, powers to receive complaints on claim repudiation, premium disputes, policy construction related to claims, delays and non issuance of documents, and may mediate or award relief. Complaints require prior written representation to the insurer and are subject to filing limits and bars where court or tribunal proceedings exist. Awards and mediated settlements follow prescribed acceptance and compliance procedures, and an Advisory Committee reviews Ombudsman performance. (AI Summary)
Date 24 Sep 2019
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Insanity defence limits criminal liability where mental incapacity negates culpability; may lead to acquittal on reasonable doubt
Section 84 IPC exempts from criminal liability those who, by reason of unsoundness of mind at the time of the act, were incapable of knowing the nature of the act or that it was wrong or contrary to law. The crucial inquiry is the accused's mental state at the time of commission; the accused must prove mental disorder by expert and other evidence against a rebuttable presumption of sanity, while the prosecution continues to bear the burden to prove mens rea beyond reasonable doubt. Mere abnormality or eccentricity is insufficient to attract the exception. (AI Summary)
Date 23 Sep 2019
Replies 2 Replies
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Profiteering on GST rate reduction: increased base price negated tax benefit, triggering deposit obligations and penalty exposure.
Benefit of a GST rate reduction must be passed to recipients by a commensurate reduction in prices; a supplier raised base prices after a rate cut on ventilating hoods, producing a measured profiteering amount by comparing pre- and post-reduction basic prices. Incorrect invoicing concealed the true basic price and resulted in collection of additional tax, rendering the supplier liable for deposit of the profiteered sum with interest into the Consumer Welfare Fund and exposure to penalties for incorrect tax invoices, while authorities must monitor price adjustments to secure compliance. (AI Summary)
Date 21 Sep 2019
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GST audit obligations require statutory, departmental, special and voluntary management reviews with prescribed procedures and timelines.
GST provides statutory, departmental and special audit regimes to verify declared turnover, taxes, refunds and input tax credit and to assess compliance. Statutory audit mandates audited accounts, annual return and a reconciliation statement filed in prescribed form for taxpayers above the turnover threshold; departmental audit allows officers to inspect records with prior notice and set timelines for completion; special audit permits appointment of a CA/CMA by the administration for complex valuation or abnormal credit issues. Voluntary management and IT audits serve as non mandated assurance reviews. (AI Summary)
Author
Date 20 Sep 2019
Replies 1 Reply
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Professional readiness: focus beyond exam success to practical skills, internships and continuous learning for career competence.
Common misconceptions among aspiring chartered accountants include treating exam success as the primary professional objective and relying on rote learning, leaving graduates unprepared for employer expectations such as teamwork, communication, initiative and practical problem solving. Additional pitfalls are opting for nominal internships, poor engagement with English for global practice, low business news awareness, and neglect of technological change; the author urges substantive internship experience, continuous learning beyond the CA, and development of attitudinal and practical skills. (AI Summary)
Date 20 Sep 2019
Replies 1 Reply
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E-assessment scheme centralizes tax assessments with automated unit allocation, mandatory electronic communication and video-conference hearings.
The statutory E-assessment scheme centralizes income-tax assessment through a National E-assessment Centre and Regional Centres, creating Assessment, Verification, Technical and Review Units with specified functions. Cases are allocated automatically; units request information, verification and technical assistance through the National Centre; assessment units prepare draft orders subject to review and taxpayer electronic response; communications and authenticated deliveries are exclusively electronic; hearings and examinations, where allowed, occur by video conferencing; and records may be returned or cases transferred to jurisdictional Assessing Officers for penalty, recovery, rectification, appellate compliance or prosecution steps. (AI Summary)
Date 20 Sep 2019
Replies 2 Replies
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GST simplification to protect business cash flows and streamline input tax credit, with targeted technical clarifications following slowdown concerns.
Tax policy and the Goods and Services Tax are a central regulatory focus, with calls for a stable, transparent, forward-looking regime that advances ease of doing business, preserves enterprise cash flows, and reduces GST as a working-capital burden. Recommended reforms include a simpler rate structure subject to holistic review, expedited input tax-credit processes, and targeted B2C incentives. Technical clarifications sought include GST treatment of ocean freight on imports, allocation of common services via Input Service Distribution or cross-charges, the need for self-invoicing, liquidated damages treatment, and reconciliation between GSTR 3B and GSTR 1. (AI Summary)
Date 19 Sep 2019
Replies 1 Reply
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Impleading non signatories in arbitration depends on clear intent and composite transactional links to bind affiliates.
Impleading non signatories in arbitration depends on whether the facts demonstrate a mutual intent to bind signatory and non signatory entities. Exceptional application of the Group of Companies Doctrine, agency principles, assignment, and the composite nature of transactions can justify referring a non signatory to arbitration, but the claimant bears the burden to prove assent by conduct, relationship to the signatory, and commonality of subject matter; mere group membership is insufficient. (AI Summary)
Date 19 Sep 2019
Replies 1 Reply
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Reverse charge mechanism: recipients must pay GST on specified service categories, with input tax credit if outward supplies are taxable.
Reverse charge liability requires the recipient to pay GST on listed categories of services including GTA services, legal services, arbitral tribunal services, sponsorship, services from government authorities (with specified exceptions and separate rule for renting of immovable property), transfer of development rights/FSI, long term land leases for construction, director's services to the company, insurance/recovery/author/DSA/BF/BC agent services, and security services. Recipients paying tax under RCM may claim input tax credit if their outward supplies are taxable, and receipt of such services alone does not necessarily require GST registration. (AI Summary)
Date 18 Sep 2019
Replies 5 Replies
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Intermediary service classification clarifies place of supply implications for cross border marketing services under IGST treatment
The promotional and marketing activities were held to be intermediary services, bringing the place of supply rules for intermediaries into play; after sales support was contractually separable and not a composite supply due to identifiable pricing and lack of natural bundling; determination whether the contracts qualify as export of service (zero rating) depends on place of supply, which the AAR lacked jurisdiction to decide. (AI Summary)
Date 18 Sep 2019
Replies 2 Replies
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Sabka Vishwas scheme allows settling legacy excise disputes by paying reduced percentages of duty with full waiver of interest and penalty.
The Sabka Vishwas Scheme, 2019 permits settlement of legacy central excise disputes and voluntary disclosures by payment of specified duty percentages: disputed matters quantified/admitted by 30.06.2019 receive relief of 70% where duty Rs.50 lakh (payer pays 30%) and 50% where duty > Rs.50 lakh; confirmed demands with no appeal receive relief of 60% if Rs.50 lakh (payer pays 40%) and 40% if > Rs.50 lakh (payer pays 60%). Voluntary disclosures require full payment; interest and penalty are fully waived. The process is electronic with specific forms (SVLDRS 1 to SVLDRS 4), separate declarations per case, adjustment of pre deposits, and issuance of a Discharge Certificate on full payment. (AI Summary)
Date 18 Sep 2019
Replies 2 Replies
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Pension reporting: pensions must be declared in the correct ITR schedules based on source and commutation status.
Pension income must be reported according to source and nature: employer-funded pensions are reported under the salary schedule with pensioner status and employer/fund particulars if tax was withheld; taxable commuted and uncommuted pension are shown as salary while exempt commuted pension is entered under allowances/exempt income. Pensions arising from the individual's own contributions are reported as income from other sources, with commuted exempt amounts shown as exempt income. Family pension is reported under income from other sources or the designated family pension option in the simpler return. (AI Summary)
Author
Date 17 Sep 2019
Replies 1 Reply
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Share capital reconciliation required by external assurance providers to confirm dematerialisation, register updates and listing approvals.
Issuers listed on recognized exchanges must obtain from a practicing company secretary or qualified chartered accountant a periodic reconciliatory certificate reconciling issued, paid up, listed and depository held capital; confirming register of members updates; disclosing dematerialisation requests pending beyond twenty one days and reasons; detailing capital changes from corporate actions; and confirming in principle listing approvals, with separate reconciliation for multiple ISINs. (AI Summary)
Author
Date 17 Sep 2019
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Anti-profiteering obligation absent where no pre-GST baseline exists, so no duty to reduce prices for post-GST projects.
Anti-profiteering requires either a reduction in tax rate or an increased input tax credit benefit that must be passed on. If a project and all related transactions commenced after GST implementation, no pre-GST tax rate or ITC baseline exists for comparison; absent a demonstrable post-GST benefit to the supplier, the anti-profiteering obligation does not arise and a profiteering complaint is not maintainable. (AI Summary)
Date 17 Sep 2019
Replies 1 Reply
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Pure services exemption: services to government for panchayat/municipality functions exempt from GST, subject to composite supply and ITC reversal.
Notification No.12/2017 exempts pure services-services not involving supply of goods and excluding works contracts or composite supplies with goods-when supplied to government, local authorities, or governmental authorities/entities for activities relating to functions entrusted to Panchayats or Municipalities under Articles 243G/243W. Determination requires testing whether the supply is a pure or composite service, whether the recipient qualifies as the prescribed government body, and whether the activity maps to the Eleventh/Twelfth Schedule functions. Input tax credit attributable to such exempt supplies is ineligible and must be reversed if claimed. (AI Summary)
Date 16 Sep 2019
Replies 3 Replies
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Exception to monetary limits for filing appeals allows departmental merits appeals in alleged organised tax evasion cases despite thresholds.
Circulars issued under Section 268A set monetary thresholds for departmental appeals, but recent CBDT circulars add exceptions allowing appeals on merits in cases of alleged organised tax evasion involving securities transactions despite those thresholds. Circular No. 17/2019 increased the monetary limits and clarified assessment year wise computation of tax effect; Circular No. 23/2019 permits, by special Board order, escalation of cases that the Board identifies as organised tax evasion, while raising concerns about the short interval between circulars, the unspecified basis for additional exceptions, and evidentiary practices relied on by tax authorities. (AI Summary)
Date 16 Sep 2019
Replies 1 Reply
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Passport impoundment requires statutory grounds and recorded reasons; foreign exchange probes do not alone justify suspension.
Impoundment of a passport is governed by the Passport Act's specified grounds and procedure, requiring recorded reasons for revocation or suspension and surrender of the document; administrative measures taken in aid of foreign exchange investigations do not independently satisfy those grounds without a demonstrated nexus such as warrants, criminal proceedings, convictions meeting statutory thresholds, or interests of sovereignty and security. (AI Summary)
Date 14 Sep 2019
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GST applicability on composite supplies and construction: tax applies to pump set installations and JDA works upon possession transfer
Advance rulings determine that pump sets with installation constitute a composite supply with the pump as principal supply (not a works contract); JDA construction is taxable when possession is transferred under GST; club membership fees qualify as consideration for taxable services but related ITC for banquet/catering is not allowed; post purchase discounts established before supply reduce taxable value and, where conditions are unmet, ITC may be claimed without proportionate reversal; inter unit crane leasing with netted payments between separate registrations does not permit input tax credit. (AI Summary)
Author
Date 13 Sep 2019
Replies 1 Reply
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Registered office verification under INC-22A requires geolocation, photo evidence and OTP email validation, non-compliance blocks key filings.
The Active Form (INC-22A) mandates verification of a company's registered office for companies incorporated on or before 31 December 2017 that are active. It requires CIN entry, prefilled company details (email editable), longitude and latitude of the office, OTP email verification, and mandatory exterior and interior photographs with a director present to sign. Filing follows pre-scrutiny and OTP confirmation. Eligibility requires active status, minimum director compliance, approved DINs, requisite KMP appointments, and filing of specified annual forms with paid and approved/pending SRNs; non-compliance bars several corporate filings. (AI Summary)
Author
Date 12 Sep 2019
Replies 1 Reply
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GST compliance updates: monitor official notifications and advance rulings; use centralized repositories and specialist services.
Practitioners should monitor GST developments via the CBIC portal for central notifications and circulars, State GST portals for local issuances and advance rulings, and High Court, Supreme Court and public databases for judicial interpretations. To manage the burden of continuous tracking, many rely on specialist repositories-both paid and free-that aggregate notifications, circulars, forms and case law; examples include TaxTMI, Taxguru, Taxindiaonline/TIOL, Taxongo and ClearTax, which supplement official sources with newsletters, forums and searchable archives. (AI Summary)
Date 11 Sep 2019
Replies 2 Replies