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Scheme eligibility limited by initiation timing; deposited amounts reduce net payable and SCNs are treated as whole.
The scheme excludes matters initiated after the statutory cut-offs and treats each SCN as a whole, disallowing issue wise selection; deposits already made are deductible in computing the net payable, with CENVAT credit generally regarded as eligible for offset though future payments must be in cash. Personal penalties are eligible but may require separate applications; treatment of co noticees, payments made prior to notices, and interactions between voluntary declaration and amounts in arrears remain areas of divergent panel views and require formal clarification. (AI Summary)
Author
Date 28 Aug 2019
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Limited protection under s.292BB: procedural and jurisdictional defects can still invalidate tax proceedings, protecting taxpayer rights.
Protection under S.292BB does not validate proceedings suffering from absence of notice, service beyond limitation, issuance by an authority without jurisdiction, or material defects such as missing proper signature; tax officers must ensure timely, properly authorised and correctly served notices, and taxpayers should scrutinise jurisdiction, limitation, form, content and service of communications and preserve originals to protect procedural rights. (AI Summary)
Date 27 Aug 2019
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Registered office verification requires KYC, geolocation, photo and OTP validation to confirm company address compliance.
Companies in active status must verify their registered office via the ACTIVE FORM, supplying prefilled identity data, an editable email verified by OTP, geolocation coordinates, and mandatory exterior and interior photographs including a director's presence and signature. Submission follows successful pre-scrutiny and OTP confirmation. Eligibility to file requires active status, minimum director thresholds and approved DINs, applicable key managerial appointments, and current filings with paid and approved transaction statuses. Failure to comply disables certain corporate filings related to share capital, allotment, director changes (except cessations), registered office change, and restructuring. (AI Summary)
Author
Date 27 Aug 2019
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Intermediary services: qualifying as intermediary places supply in provider's location and excludes zero-rated treatment under GST.
Services rendered by the Indian back office provider constituted intermediary services because they arranged or facilitated supplies between the overseas client and its counterparties, satisfying the three part intermediary test; consequently the place of supply is the provider's location in India and the services are not eligible for zero rated treatment. The intermediary element was treated as the principal component of any composite supply after applying indicative criteria for naturally bundled services, and the provider's claim of supplying on its own account was rejected as the services related to the client's or its counterparty's goods. (AI Summary)
Date 27 Aug 2019
Replies 2 Replies
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Nursing a grudge harms mental health and can lead to physical illness; prayerful forgiveness promotes healing and prevention.
Sustained negative emotions such as hatred, jealousy and revenge are portrayed as psychological root causes that can produce physical illnesses; directed prayer therapy-regular, sincere prayers wishing well for others-purges these negative thought patterns and thereby removes the root cause, with multiple case examples of chronic ailments resolving after a period of prayer without medical or surgical intervention, and an emphasis on prevention by replacing ill will with positive thoughts and forgiveness. (AI Summary)
Author
Date 26 Aug 2019
Replies 6 Replies
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Pass on benefit of GST rate reduction: suppliers must lower prices or remit excess to consumer welfare funds with interest.
The supplier increased base prices concurrent with a tax-rate reduction so that inclusive selling prices did not fall, violating the anti-profiteering obligation; a regulatory investigation quantified excess collections and requires the supplier to reduce sale prices commensurate with the rate reduction and remit the excess with interest into consumer welfare funds, with monitoring, recovery mechanisms, and penalty exposure for non-compliance. (AI Summary)
Date 26 Aug 2019
Replies 2 Replies
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Insurance claim characterization can determine whether proceeds reduce business loss or are treated as capital receipts.
Insurance proceeds for loss of stock-in-trade reduce business loss for the subsidiary, while proceeds received by a holding company under a Global Insurance Policy for investment loss constitute a distinct interest and are treated according to their capital or revenue nature; distributions by the holding company do not convert the original receipt into subsidiary income nor cause accrual in India merely by sharing or correspondence. (AI Summary)
Date 22 Aug 2019
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Arbitration Council of India establishes standards and accredits arbitrators to promote institutional arbitration and effective ADR processes.
The Arbitration Council of India is established as an independent body corporate headquartered in Delhi to promote and regulate arbitration and ADR by grading arbitral institutions, accrediting arbitrators, maintaining an electronic depository of awards, framing policies and norms for infrastructure, arbitrator quality and time bound disposal, conducting training and certification, appointing experts and committees, and making regulations consistent with the Act, with prescribed composition, tenure, administrative structure and removal procedures. (AI Summary)
Date 22 Aug 2019
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Input tax credit on motor vehicles may be excluded for rent a cab leasing unless treated as a further supply qualifying for credit.
The statute bars ITC on inward supplies of motor vehicles for transport of persons up to thirteen seats but excepts cases where the vehicles are used for a further supply of such vehicles, transportation of passengers, or imparting training; related services receive ITC only when connected to such excepted uses. An AAR found rent-a-cab leasing to institutions to be renting of motor vehicles (SAC 9966) and disallowed ITC, while the author contends that leasing constitutes a "further supply" under the broad definition of supply and so should qualify for the exception allowing ITC. (AI Summary)
Author
Date 21 Aug 2019
Replies 3 Replies
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Arbitral Institution: institutionalised appointment, disclosure, time limits and confidentiality reshape arbitration processes under the amended law.
The amendment creates Arbitral Institution designated by the Supreme Court or High Courts and graded by the Council, revises appointment procedures to allow designated institutions to appoint arbitrators where parties fail to act, requires disclosure by prospective arbitrators, permits appointment of third country arbitrators in international commercial disputes, and obliges institutions to determine fees subject to the Fourth Schedule. It prescribes strict time limits for pleadings and awards, confines interim measures to ongoing proceedings, establishes confidentiality and good faith protections, and institutes an Arbitration Council plus qualifications for arbitrators in an Eighth Schedule. (AI Summary)
Date 21 Aug 2019
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Self correction under section 73 lets taxpayers declare missed GST in the annual return and pay tax with interest without penalty.
Taxpayers must reconcile books with filed returns in the GST annual return, using the annual return to declare missed outward supplies and pay tax with interest via FORM GST DRC-03 under the self correction provision, thereby avoiding penalty if done before notice. If books show lower turnover, excess tax paid may be claimed by applying for refund through FORM GST RFD-01A. The annual return itself does not permit claiming or reversing input tax credit. Specific table guidance addresses auto populated credits (Table 8A/8D), HSN and composition dealer reporting (Tables 16/18), classification of exempted/nil/non GST supplies (Tables 5D/5E/5F), timing of reverse charge declarations, accountant certification limits for GSTR 9C, and reconciliation of expense related input tax credit (Table 14). (AI Summary)
Date 20 Aug 2019
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Payment of dues and recovery mechanisms strengthened under the wage code, with authority based claims and inspectorate enforcement.
The Code establishes Central and State Advisory Boards with representative membership (including a minimum proportion of women) to advise on minimum wages and measures to increase women's employment; prescribes employer liability to pay all employee dues and procedures for claiming dues before an appointed authority with time limits, potential compensation and recovery as arrears of land revenue; mandates Inspectors cum Facilitators with investigatory and advisory powers, records and disclosure obligations, appellate review, industrial dispute designation for certain bonus issues, presumptions as to audited corporate accounts, vicarious liability of companies and compounding of specified offences. (AI Summary)
Date 20 Aug 2019
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Reasonable time for compliance: set realistic deadlines and grant timely, sufficient extensions to prevent repeated adjournments.
Fixing and allowing reasonable time for statutory and administrative compliances is necessary to avoid repetitive extension requests and adjournments. Authorities should set and, when needed, grant proactive, sufficient extensions well in advance, taking into account holidays, system constraints, audit and meeting cycles, and limited organizational capacity. Align deadlines for return filings, audit-dependent company filings and report submissions with operational realities to reduce last-minute pressures and administrative inefficiencies. (AI Summary)
Date 20 Aug 2019
Replies 1 Reply
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Assessment of other person's income under Sec.153C allows AO to assess or reassess income when seized material pertains to them.
Under Sec.153C, when material seized during a search in one person's premises belongs to another person, the AO must be satisfied that the items pertain to that other person, hand the material to the AO having jurisdiction over them, and that AO shall proceed to assess or reassess the other person's total income in the same manner as assessments in search cases. Recording of satisfaction is a jurisdictional prerequisite based on cogent material, and abatement, multiple search interactions and scope of additions follow the procedural rules applicable to search assessments. (AI Summary)
Date 19 Aug 2019
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Payment of wages: prescribes permitted payment modes, wage periods, time limits and capped deductions under the Code.
The Code prescribes modes of wage payment, employer-fixed wage periods, and strict time limits for payment including expedited payment on termination. Deductions are permitted only for specified categories, capped at fifty percent per wage period, and fines require prescribed notice, hearing, registration and limits; realizations must fund employee benefits. Bonus rules set eligibility, a minimum floor and productivity ceiling, computation from allocable surplus with prescribed prior charges, graduated set-on/set-off across initial years, and time limits with authority extensions and dispute procedures. (AI Summary)
Date 19 Aug 2019
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Document Identification Number requirement enhances transparency; manual communications without DIN invalid unless duly approved and regularised.
The Board requires a computer-generated Document Identification Number (DIN) to be allotted and quoted in the body of prescribed communications issued by income tax authorities on or after the cut off date; communications not conforming will be treated as invalid. Limited exceptions permit manual issuance only with written reasons and prior written approval of the Chief Commissioner/Director General and subject to prescribed regularisation and system-intimation procedures. The Circular aims to secure an audit trail and better service delivery, while the author critiques the cut off timing, breadth of exceptions, and urges officer accountability in e proceedings so submissions are acknowledged and considered. (AI Summary)
Date 17 Aug 2019
Replies 2 Replies
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Equal remuneration and minimum floor wage framework mandate nondiscrimination and centralized floor wage guidance for wage fixation.
The Code on Wages, 2019 creates a unified framework defining wage, excluding certain specified payments while allowing inclusion where exclusions exceed a prescribed proportion, treats specified in kind remuneration as part of wages up to a threshold, mandates equal remuneration regardless of gender for same or similar work, and allocates responsibility to Central and State Governments as the appropriate Government to fix minimum wages not below a Central fixed floor wage. It prescribes components and procedures for fixation, consultation, notification, periodic review, working hours, rest days and overtime at not less than twice the normal rate. (AI Summary)
Date 17 Aug 2019
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Advance ruling jurisdiction limited to specified GST questions; procedural and pre GST ITC issues lie outside the AAR remit.
The AAR's remit under Section 97(2) and Section 100(1) is limited to defined GST questions such as registration, classification, notification applicability, time and value of supply, ITC admissibility, and tax liability; matters outside that list-including procedural issues, e way bill rules, and pre GST capital goods ITC-are outside AAR jurisdiction and may be rejected, as illustrated by recent rulings where e way bill and pre GST ITC questions were refused and classification or works contract issues were answered only where within scope. (AI Summary)
Author
Date 17 Aug 2019
Replies 1 Reply
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Advance ruling under GST clarifies classification, tax liability and input tax credit issues for applicants; appeal provisions apply.
Advance ruling under GST allows a taxpayer to seek pre decision clarity on classification, notification applicability, time and value of supply, admissibility of input tax credit, tax liability, registration requirement, and whether an act amounts to supply. Applications are filed in Form GST ARA 01 with prescribed fees and documents; the authority may request further information, must hear the applicant, and pronounce a written ruling within ninety days, sending certified copies to the applicant and relevant officers. (AI Summary)
Date 16 Aug 2019
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Taxability of long term lease concession fees affirmed under GST; transitional cesses not creditable; job work and testing services taxable.
Recent state AARs affirmed that a one time concession fee for a long term lease is taxable under GST as a continuous supply and does not meet the notification exemption; transitional carry forward does not permit credit of Education Cess, Secondary & Higher Education Cess or Krishi Kalyan Cess; job work on principal owned inputs is taxable at prescribed concessional rates; and testing services involving foreign provided prototypes tested in India are not zero rated exports of service. (AI Summary)
Date 16 Aug 2019
Replies 2 Replies