Just a moment...

Top
Help
AI Credits Reduced 🎉

• AI Advanced Search
4 Credits3 Credits
• Drafter – Issue Extraction
25 Credits20 Credits
• Draft Generation / Issue
50 Credits25 Credits

Enjoy more AI usage with fewer credits! Get up to 50% more value from your AI Credits.

Try Now
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law
Filter by Law
View Top Authors
Advanced Search
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Risk allocation in international exports turns on contract design, payment security, and financial tools that manage cross-border trade exposure.
Risk allocation in international export transactions is structured through contractual drafting, internationally recognised trade frameworks, and financial protection tools. Incoterms, governing law, jurisdiction, arbitration, force majeure, limitation of liability, and inspection clauses are central to allocating loss, liability, and dispute mechanisms, while international sales frameworks support risk transfer and breach-related remedies. Exporters also manage commercial, legal, political, operational, and financial risks through Letters of Credit, bank guarantees, export credit insurance, hedging, factoring, and forfaiting, with integrated contractual and financial safeguards improving predictability, liquidity, and risk coverage. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
GST on settlement payments turns on real supply, not rebranding damages as forbearance or litigation withdrawal.
GST on settlement payments made in satisfaction of an arbitral award cannot be sustained by recharacterising the withdrawal of enforcement proceedings as toleration of breach or forbearance. The Bombay High Court held that payment made under the award and consent terms did not amount to supply under Section 7 of the CGST Act, because the consent terms did not create an independent commercial bargain for a taxable service and withdrawal of proceedings was only a legal consequence of satisfaction of the award. Entry 5(e) of Schedule II cannot independently create taxability where supply is absent. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Leasehold rights in immovable property are treated as transfer of rights, not a taxable GST service in cited authorities.
Assignment of leasehold rights in immovable property is discussed in relation to the GST meaning of supply and the treatment of land-related transactions under Schedule II. The article notes that long-term leases of industrial plots by State Industrial Development Corporations may attract a nil rate on the one-time upfront amount under the exemption notification, while the transfer of leasehold rights to a third party has been treated as an assignment of rights in immovable property rather than a taxable service in the cited authorities. (AI Summary)
Date 06 May 2026
Like 0 Bookmark
Small charitable trusts registration validity extended for ten years, reducing compliance burden and renewal requirements.
Statutory amendments and administrative clarification are discussed in relation to small charitable trusts and institutions whose income or receipts fall within the prescribed threshold. The article states that the validity of registration and approval under the charitable trust regime has been increased from five years to ten years, and that this extension is intended to reduce compliance burden. It further notes that, on the author's reading, eligible trusts and institutions are not required to make fresh renewal applications where the statutory extension applies. (AI Summary)
Date 06 May 2026
Like 0 Bookmark
Contractual risk management in export transactions relies on governing law, payment security, delivery terms, and dispute resolution.
Contractual risk management is a central tool in export transactions for allocating and mitigating commercial, legal, political, and operational risks arising from cross-border trade. Export contracts must address payment default, jurisdictional uncertainty, enforcement difficulties, regulatory non-compliance, shipment delay, quality disputes, and disruption caused by war, instability, or government restrictions. Effective export contracts commonly include detailed provisions on delivery terms and risk transfer, payment security through letters of credit, advance payment or bank guarantees, inspection and quality assurance, force majeure, limitation of liability, and dispute resolution. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Place of supply rules for SM REIT token transactions determine GST treatment, registration, and export eligibility across services.
Place of supply under the IGST Act determines whether SM REIT and token-related services attract IGST or CGST and SGST, and whether cross-border services qualify as export of service. Fund management fees to the SM REIT trust follow the general rule under Section 12(2)(a), property management services directly related to immovable property follow Section 12(3), and legal or advisory services remain under Section 12(2)(a). Platform fees depend on the investor's status and location, while post-omission of Section 13(8)(b), cross-border services to NRI or foreign investors follow Section 13(2) and may qualify as zero-rated exports. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Burden of proof in customs confiscation demands concrete evidence of foreign origin before penalty or vehicle seizure.
Transport of green peas and yellow peas could not be treated as smuggled merely on suspicion of foreign origin, where the goods were not covered by the notified goods regime under Section 123 of the Customs Act, 1962. The burden remained on the Revenue to establish by documentary or other concrete evidence that the goods were of foreign origin and illegally imported. Mere opinion of local traders was insufficient to justify confiscation of the goods or the vehicle, or the imposition of penalty under Section 112(b). (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Global EXIM trade depends on specialized seaports, from export gateways and transhipment hubs to smart logistics centres.
Important seaports in global EXIM trade function as specialized logistics nodes that support container throughput, transhipment, re-export activity, energy movements, and multimodal supply-chain connectivity. Shanghai, Ningbo-Zhoushan, and Shenzhen operate as major export gateways within China's manufacturing ecosystem, while Singapore and Hong Kong are described as high-efficiency transhipment and re-export centres with strengths in customs-free cargo handling and value-added logistics services. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Notified gold and burden of proof justify confiscation, while carrier role may reduce penalty under customs law.
Gold, as a notified item under Section 123 of the Customs Act, places the burden on the possessor to prove lawful procurement. Failure to produce supporting documentation for possession of foreign-marked gold can justify confiscation and penalty under Section 112(b), particularly where the goods appear smuggled. A claim of being only a carrier may affect the quantum of penalty when the role is minor and supported by the facts. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Indian seaport logistics drive EXIM trade, linking container cargo, energy imports, and export corridors across global supply chains.
India's EXIM trade depends on a network of major seaports that function as strategic gateways for containerized cargo, bulk commodities, energy imports, and manufactured exports, with growing integration into global maritime trade lanes through port-led development and multimodal logistics expansion. Jawaharlal Nehru Port and Mundra are leading container and commercial hubs, while other ports handle petroleum products, bulk cargo, automobiles, iron ore, fertilizers, agro-exports, and transshipment traffic. Together, these ports support energy security, industrial supply chains, and India's connectivity with global maritime trade networks. (AI Summary)
Author
Date 06 May 2026
Like 0 Bookmark
Customs valuation error and suppression of facts require different proof before extended limitation and penalties can apply.
Customs valuation disputes may arise where import declarations reflect an incorrect freight or invoice base, resulting in a short levy under the valuation rules. The technical correctness of the assessable value must be distinguished from deliberate misstatement or suppression. Extended limitation under Section 28(4) requires proof of collusion, wilful misstatement, or suppression of facts, and penalties depend on the same elements. Where documents were filed before Customs and no intent to evade duty is shown, the exceptional extended period and consequential penalties are not justified. (AI Summary)
Date 05 May 2026
Like 0 Bookmark
Input tax credit under section 16(2)(c) should not penalise genuine purchasers for supplier defaults and compliance burdens.
Input tax credit under section 16(2)(c) of the CGST Act is discussed as a compliance safeguard, but the article argues that genuine purchasers should not be forced to satisfy all six conditions in every case. It treats clauses a, aa, b and ba as sufficient to establish the genuineness of the transaction, while clauses c and d should operate only where the recipient has not paid the supplier or has colluded with the supplier. The article also calls for legislative clarification and real-time invoice-wise tracking to protect bona fide recipients from vendor defaults. (AI Summary)
Date 05 May 2026
Like 0 Bookmark
GST treatment of pigmy agents depends on substance over form, with employment status defeating reverse charge liability.
GST treatment of pigmy agents depends on whether the relationship is in substance employment rather than an independent service. If the agents are employees, their activity falls within Schedule III and is outside the scope of supply, so commission is treated as wages and reverse charge cannot be applied without first establishing a taxable supply. The analysis turns on labour-law indicators such as control, economic dependence, assured remuneration, gratuity, and disciplinary arrangements. (AI Summary)
Date 05 May 2026
Like 0 Bookmark
Canalised import through State Trading Enterprise supports high sea sale clearance of technical grade urea without penalty.
Import of Technical Grade Urea on a High Sea Sales basis from a State Trading Enterprise was treated as satisfying the requirement of importation under ITC (HS) Code 31021000, where the canalised import was undertaken through the State Trading Enterprise and not necessarily by direct import clearance in the buyer's own name. The dispute concerned whether clearance by the domestic purchaser without a direct DGFT licence attracted confiscation and penalty for alleged breach of the import policy. (AI Summary)
Author
Date 05 May 2026
Like 0 Bookmark
Helmet use as road safety protection outweighs the financial and human cost of preventable two-wheeler accidents.
Wearing a helmet is presented as a basic road safety measure that costs far less than the financial, emotional, and social consequences of a serious two-wheeler accident. Helmet use reduces the risk of head injury, improves chances of survival, and should be treated as an investment in safety rather than an avoidable expense. The text rejects excuses such as short-distance travel, discomfort, or overconfidence, and stresses that accidents are unpredictable and often occur close to home. (AI Summary)
Author
Date 05 May 2026
Like 0 Bookmark
Customs Query Memos demand timely, factual replies backed by documents, legal references, and careful follow-up to avoid delays.
Effective handling of Customs Query Memos requires importers to identify the precise issue raised by Customs, review core import documents, and prepare a clear, point-wise, factual, and professionally worded reply supported by relevant evidence. Where legal issues arise, the reply should refer to the appropriate customs law framework, including the Customs Act, Customs Tariff Act, relevant notifications, CBIC circulars, and applicable tribunal or court decisions. Timely response and follow-up through the customs system help reduce detention, demurrage, port charges, and delivery delays. (AI Summary)
Date 05 May 2026
Like 0 Bookmark
Two-wheeler compliance framework demands valid licence, registration, helmet use, PUC certificate, and compulsory insurance for lawful road use.
Two-wheeler operation is governed by a mandatory compliance framework requiring a valid driving licence, valid registration certificate, helmet use, Pollution Under Control certification, and compulsory third-party insurance. The guide explains that these requirements collectively secure lawful road use through legal authorization, safety protection, environmental responsibility, and financial security. It also notes that non-compliance may attract fines, seizure risk, liability exposure, and enhanced digital enforcement through CCTV, ANPR, digital challans, and linked vehicle databases. (AI Summary)
Author
Date 05 May 2026
Like 0 Bookmark
Goods and Services Tax reforms ease compliance through faster exporter claim processing, revised beverage classification, and updated revenue trends.
Goods and Services Tax administration has been accompanied by reform measures to ease compliance, including faster processing of RoDTEP and RoSCTL scrolls, extension of the GSTR-3B filing due date, revised HSN codes for beverages, and the rollout of GSTAT at several places. April 2026 GST collections showed modest year-on-year growth in gross and net revenue, with higher import revenue and refunds, and mixed collection trends across states. (AI Summary)
Date 05 May 2026
Like 0 Bookmark
Land Customs Stations shape India's border trade by enabling overland EXIM flows, customs clearance, and regional connectivity.
India's Land Customs Stations are the principal overland gateways for cross-border EXIM trade with neighbouring countries, operating under customs control and, in many cases, through Integrated Check Posts that combine cargo handling, warehousing, immigration facilitation, security, and electronic clearance. They support bilateral and sub-regional trade flows and handle a broad mix of agricultural goods, textiles, consumer products, machinery, construction materials, petroleum products, and other bulk cargo. Major stations such as Petrapole, Raxaul, Attari, Moreh, and Zokhawthar perform distinct logistical and strategic functions within this border trade network. (AI Summary)
Author
Date 05 May 2026
Like 0 Bookmark
Customs detention of goods for re-testing is unjustified where the initial laboratory report already shows compliance.
Imported goods should not be indefinitely detained for suo motu re-testing when the initial laboratory report is favourable and shows compliance with the applicable tolerance limit. A borderline result does not, by itself, justify continued retention of the cargo. The Department may keep samples for further testing, but the goods must be cleared without delay to avoid deterioration, insect infestation, and loss of fitness for human consumption, subject to furnishing the necessary documents and a bond. (AI Summary)
Date 04 May 2026