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Fake invoices and input tax credit fraud in GST demand stronger scrutiny, portal controls, and anti-evasion enforcement.
GST frauds commonly arise through fake invoices, fraudulent input tax credit claims, fake e-way bills, dummy or shell entities, forged identity documents, circular trading, and non-existent suppliers or transactions. The article also notes enforcement difficulties caused by multi-State fraud networks, overlapping jurisdiction, weak registration scrutiny, inadequate real-time connectivity, and limited invoice-matching capability, and it suggests stronger portal checks, audits, intelligence functions, e-way bill controls, and action against fake registrations. (AI Summary)
Date 12 May 2026
Replies 1 Reply
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Consumer littering of FMCG packaging fuels India's waste crisis, showing why behavioural environmentalism must complement recycling and enforcement.
Consumer disposal of FMCG packaging in India has become a major environmental governance problem driven by urbanisation, single-use consumption, and the normalisation of public littering. The article links packaging waste to diffusion of responsibility, weak civic ethics, limited environmental literacy, and social conditioning that separates private cleanliness from public accountability. It also notes that existing waste-management and anti-littering frameworks are undermined by inconsistent enforcement, and argues that circular economy measures must be paired with responsible consumption, source segregation, return-based packaging systems, education, and behavioural environmentalism. (AI Summary)
Author
Date 12 May 2026
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Extended Producer Responsibility and greenwashing shape FMCG packaging regulation through waste accountability, traceability, and circular economy compliance.
FMCG packaging generates major environmental externalities through single-use plastics, multilayer laminates, composite materials, landfill accumulation, and microplastic pollution, while the true cost is often externalized onto municipalities, taxpayers, and ecosystems. Greenwashing arises where sustainability claims such as recyclable, biodegradable, or net-zero packaging lack verification, lifecycle transparency, or practical infrastructure. Extended Producer Responsibility shifts post-consumer waste responsibilities to producers, importers, and brand owners through registration, collection and recycling targets, recycled content use, reporting, traceability, and certificate trading. Effective circular packaging depends on stronger enforcement, independent verification, waste reduction, and improved integration of informal waste systems. (AI Summary)
Author
Date 12 May 2026
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Binding jurisdictional High Court rulings in GST govern fact-based decisions, remand orders, and bona fide input tax credit claims.
Jurisdictional High Court orders that finally decide a GST issue on the facts of a case are binding on all lower authorities within that jurisdiction, whereas remand orders are not. Pending proceedings before the Union or CBIC do not displace that binding force until the Supreme Court rules otherwise. The article also discusses High Court rulings on resident welfare associations, mutuality, and input tax credit under section 16(2)(c), noting that bona fide transactions may not be denied credit. (AI Summary)
Date 11 May 2026
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Gratitude and resilience shape life when people stop letting temporary darkness eclipse the remaining canvas.
Modern dissatisfaction is portrayed as arising from a focus on the black spot rather than the larger white canvas of life's blessings. The discussion emphasizes postponing happiness, expecting perfection, and comparing private struggles with others' edited success. It also highlights the invisible burdens of professional life, the dignity of facing personal loss without surrendering to self-pity, and the healing power of creativity, gratitude, and purposeful work. (AI Summary)
Author
Date 11 May 2026
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Customs duty compliance through HSN audits, MOOWR planning, drawback discipline, and FTA documentation can materially reduce import costs.
Customs duty compliance requires periodic review of HSN classification, timely use of MOOWR for duty deferral, strict adherence to drawback and e-BRC requirements, duty-free re-import conditions for rejected goods, and retrospective refund claims for missed FTA preferential tariff benefits under the prescribed limitation period. (AI Summary)
Date 11 May 2026
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Consolidated GST notices across multiple years permissible under Sections 73 and 74, with writ interference declined despite alternate remedy.
Consolidation of multiple financial years in a single show cause notice and adjudication order under the CGST Act is treated as permissible where the statutory language refers to notices issued for "any period" and statements covering "such periods." The Delhi High Court, following its earlier view, accepted that Sections 73 and 74 allow multi-year notices and rejected the argument that such consolidation is confined to fraudulent input tax credit matters. The judgment also declined to examine merits in writ jurisdiction because an effective statutory appellate remedy was available under Section 107. (AI Summary)
Author
Date 11 May 2026
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Startup compliance in India requires entity choice, tax registrations, IP protection, labour compliance, and ongoing filings.
Startup compliance in India requires choosing an appropriate business entity, incorporating where needed, obtaining DIN and DSC, and registering under Startup India to access government benefits. Tax compliance includes PAN, TAN, GST where applicable, and state professional tax. Additional steps include MSME registration, intellectual property protection, labour law compliance, legal agreements, and ongoing filings such as annual returns, GST returns, statutory registers, board resolutions, and audits where required. (AI Summary)
Author
Date 11 May 2026
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Suspicion and application of mind can justify FEMA seizure, with further statutory remedies remaining available after seizure.
Section 37A of FEMA enables seizure and eventual confiscation of equivalent assets in India where foreign assets are held in contravention of the Act. Suspicion, when supported by application of mind in the seizure order, can trigger action, and seizure is not final because further statutory procedures and an appeal to the Appellate Tribunal are available. (AI Summary)
Author
Date 11 May 2026
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Export support mechanisms distinguish incentives, remission, marketing assistance, and risk insurance across India's foreign trade framework.
India's export support framework distinguishes between export incentive schemes, remission or rebate schemes, market development assistance, and export credit risk protection. Export incentives reduce production or capital costs through duty-free or concessional import facilities and usually carry export obligation conditions. Remission schemes such as RoDTEP, RoSCTL, and Duty Drawback refund embedded taxes or duties without a profit element, while MDA, MAI, and ECGC provide marketing assistance or insurance cover rather than tax relief. (AI Summary)
Author
Date 11 May 2026
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Honourific use for constitutional functionaries is limited to sovereign offices, not civil servants or administrative posts.
Honorific "Hon'ble" is reserved for constitutional functionaries who exercise sovereign functions of the State and is not available to civil servants merely because they hold high office. The distinction turns on whether the office is created by or derives authority from the Constitution and whether the office-holder performs sovereign functions through the legislative, executive, or judicial organs of the State. Ministers, Judges, Speakers, Members of Parliament, Members of State Legislative Assemblies, and similarly placed constitutional authorities are treated as entitled to the prescribed form of address. (AI Summary)
Author
Date 11 May 2026
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GST on statutory regulatory fees fails where electricity commissions act as quasi-judicial bodies, not commercial service providers.
GST cannot be levied on statutory regulatory fees collected by Electricity Regulatory Commissions merely because money is received under a statutory framework. The core issue is whether commissions performing regulation, adjudication, licensing, tariff fixation, and supervision under the Electricity Act, 2003 can be treated as entities carrying on business and making a taxable supply for consideration. The article explains that the judicial response rejects this approach as inconsistent with the statutory and constitutional structure of GST. (AI Summary)
Author
Date 11 May 2026
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Duty drawback framework clarifies AIR drawback and Brand Rate fixation, with shipping bill declarations driving claim eligibility and processing.
Duty drawback refunds customs duties suffered on imported inputs used in exported goods so exports do not carry domestic tax burdens. The article distinguishes All Industry Rate (AIR) drawback, a standard notified rate claimed automatically through EDI, from Brand Rate fixation, a product- and exporter-specific rate based on actual duties suffered and supported by detailed records. It stresses that the shipping bill declaration, often using drawback serial 9801 for Brand Rate, is central to eligibility, processing route, and any later conversion request. (AI Summary)
Author
Date 11 May 2026
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Free trade agreement expands tariff access, services mobility, and strategic cooperation while protecting sensitive domestic sectors.
India-New Zealand Free Trade Agreement expands bilateral economic cooperation through tariff liberalisation, preferential market access, services mobility, investment cooperation, and strategic alignment in the Indo-Pacific. New Zealand grants near-complete duty-free access to Indian exports, while India reduces or eliminates tariffs on a large share of tariff lines and preserves sensitivity for dairy, sugar, coffee, and edible oils. The agreement also strengthens investment, technology transfer, supply-chain integration, trade diversification, and long-term economic cooperation. (AI Summary)
Author
Date 11 May 2026
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Customs self-assessment and penalty under section 114A cannot rest on mere classification dispute without collusion or suppression.
Penalty under section 114A of the Customs Act applies only where short levy, non-levy, or erroneous refund of duty or interest results from collusion, wilful misstatement, or suppression of facts. In import matters, classification is part of self-assessment, and an importer must declare the tariff heading according to its understanding, subject to re-assessment by customs authorities. Where the importer pays the differential duty with interest and informs the Department in writing, section 28(2) bars a notice in respect of that duty, interest, or any related penalty. (AI Summary)
Date 11 May 2026
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GST suppression and evasion under section 74 require proof of intent, not routine disclosure lapses or genuine hardship.
Section 74 of the GST law is described as an exceptional provision reserved for fraud, wilful misstatement or suppression of facts with intent to evade tax, and not for ordinary defaults or genuine compliance lapses. The commentary stresses that non-reporting in GSTR-3B, hardship, cash-flow problems or interpretational disputes do not by themselves justify the extended period under Section 74. The Revenue must support such action with specific material particulars showing deliberate evasion; otherwise, the notice, higher penalty and extended limitation can be questioned. Section 73 is said to govern bona fide errors and routine disputes. (AI Summary)
Date 11 May 2026
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M&A tax structuring in India: amalgamation, demerger, share purchase, slump sale and asset sale each trigger different compliance and tax rules.
Mergers and acquisitions in India are structured through amalgamation or merger, demerger or hive-off, share purchase, slump sale, and asset sale, each with distinct implications for continuity, liability transfer, valuation, tax treatment, and compliance burden. The Companies Act, 2013, together with insolvency, securities, competition, foreign exchange, and sector-specific laws, forms the main framework, while the National Company Law Tribunal approves schemes of amalgamation and demerger through a staged process of meetings, majority approval, regulatory scrutiny, and final sanction. (AI Summary)
Author
Date 11 May 2026
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Electronic credit ledger blocking under Rule 86A ends automatically after one year, despite pending departmental action.
Restriction on the electronic credit ledger under Rule 86A of the CGST Rules is a temporary safeguard and cannot continue beyond one year from the date of imposition. Once the statutory period expires, the blocking of Input Tax Credit ceases to operate automatically by operation of law, and the credit is to be treated as unblocked without requiring any further intervention for that limited purpose. The one-year ceiling in Rule 86A(3) is an absolute outer limit on the restriction and is not extended by cancellation of registration or pending departmental action. (AI Summary)
Author
Date 09 May 2026
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eBRC compliance drives GST refunds, export monitoring, and foreign exchange realisation for service exporters.
Electronic Bank Realisation Certificates (eBRCs) provide digital proof of realisation of export proceeds in convertible foreign exchange and have become the central compliance document for service exporters. The self-certification system on the DGFT portal replaces the older bank-issued BRC process, allowing exporters to generate eBRCs by linking inward remittance messages with invoices and relevant service descriptions. The system is integrated with GSTN, ICEGATE and RBI's export monitoring framework, and is intended to support export compliance, tax processing and regulatory tracking through a paperless workflow. For service exports, the eBRC is closely tied to GST refund claims because export of services is treated as a zero-rated supply and refund eligibility depends on proof of foreign exchange realisation. The article stresses the need for consistency between the RBI purpose code, the GST invoice SAC code and the DGFT purpose code mapping, and notes that mismatches or delays in generation can lead to scrutiny or refund rejection. It also explains that the eBRC is used for refund claims relating to export of services, supplies to SEZ units or developers, and deemed export supplies. (AI Summary)
Author
Date 09 May 2026
Replies 1 Reply
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Compensation for breach is not GST consideration; the ruling limits tax on arbitral damages and settlement payments.
GST liability on payments arising from contractual breach, arbitration awards and settlement arrangements was examined in the context of the Tata-Docomo dispute. The Bombay High Court was described as having rejected the attempt to treat compensatory payments made pursuant to an arbitral award as taxable consideration for a supply, and as having drawn a distinction between compensation for breach and consideration for supply under GST law. The commentary explains that indirect tax under GST applies to a reciprocal commercial transaction, not to a payment made because an obligation has failed. (AI Summary)
Date 09 May 2026