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Retrospective refund limitation amendment cannot defeat vested input tax credit claims under the inverted duty structure.
Amendment to the definition of "relevant date" for refund of unutilised input tax credit under the inverted duty structure cannot be applied retrospectively to curtail refund claims for pre-amendment periods. A vested right to seek refund accrued before the amendment cannot be taken away unless retrospective operation is expressly provided. The refund claim for July 2017 to December 2018 was not time-barred under the extended limitation period, and the claim for January to March 2019 was also not barred under the refund provision. (AI Summary)
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Date 04 May 2026
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Tax invoice compliance under GST and fake invoice misuse affecting input tax credit, turnover, and revenue integrity.
Tax invoice under the GST framework is the document required to be issued by a registered person at or before the time of supply, showing the description, quantity and value of goods or services, tax charged and other prescribed particulars. It evidences the supply transaction, supports determination of time of supply, enables the recipient to claim input tax credit, and forms the basis for matching inward and outward supplies. A revised invoice is also included within the concept of tax invoice, while debit notes and credit notes are dealt with separately. (AI Summary)
Date 04 May 2026
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Marine choke points shape global trade routes, with disruptions driving rerouting, freight volatility, and supply chain risk.
International marine choke points are narrow, strategically located maritime passages through which major volumes of global seaborne trade, including energy shipments and containerized cargo, must pass. Their significance in EXIM trade lies in their role as control nodes in international shipping lanes, where disruption from geopolitical, military, environmental, or infrastructural causes can produce supply chain shocks, freight rate volatility, rerouting of vessels, and increased transit costs. The article identifies principal chokepoints and alternative routes, and stresses the need for diversified routing, resilient logistics planning, and maritime cooperation. (AI Summary)
Author
Date 04 May 2026
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Export refund valuation under GST compares FOB, CIF, and invoice value across ITC and IGST routes
Zero-rated export of goods under GST may be routed either through export without payment of tax under LUT with refund of accumulated input tax credit, or through export with payment of IGST followed by refund on the IGST route. The note compares these mechanisms and states that, for export without payment of tax, refund of input tax credit is linked to the FOB value in the shipping bill, while export with payment of IGST is described as being based on the invoice value, often aligned with CIF value on the commercial invoice. The discussion also refers to section 15 valuation principles and refund guidance under the CGST Rules, stating that export refund is computed with reference to the lower of FOB value or invoice value declared for export. It raises a practical issue on whether, in the IGST route, the GST invoice should mirror FOB value or continue to reflect the higher commercial invoice value for valuation and reconciliation. (AI Summary)
Date 04 May 2026
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Zero-rated SEZ supplies under GST preserve input tax credit while keeping tax from becoming a business cost.
Supply of goods or services to SEZ units and developers is treated under GST as a zero-rated supply aligned with export-oriented treatment, so that tax may apply in form but does not become a cost. Zero-rating preserves input tax credit and maintains the GST credit chain, unlike exemption, which breaks the credit chain and may require reversal of ITC. The article explains the post-01.10.2023 authorised operations requirement, the prospectivity of that change, and the revised procedural route for zero-rated supplies through bond or Letter of Undertaking, subject to notified exceptions. (AI Summary)
Author
Date 04 May 2026
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Section 210 investigation power requires statutory triggers and adequate circumstances before a company inquiry can be ordered.
Section 210 of the Companies Act, 2013 allows the Central Government to order investigation into a company's affairs only on the statutory triggers of a Registrar's or inspector's report, a special resolution, public interest, or a court or Tribunal direction. In the discussed case, the petitioners challenged an investigation notice after an inspection report under Section 208 did not recommend investigation, and the High Court held that the order lacked adequate circumstances to justify the power and set aside the impugned notice. (AI Summary)
Date 04 May 2026
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Reverse charge service tax cannot be demanded again when the service provider has already paid the full liability.
Service tax under the Reverse Charge Mechanism cannot be demanded again from the recipient where the service provider has already discharged the entire tax liability on the same taxable service, because a second demand on the same transaction would amount to double taxation and there would be no loss of revenue to the exchequer. Payment made by the service provider may be treated as payment on behalf of the recipient, but the benefit applies only if the assessee conclusively proves full payment by the provider. (AI Summary)
Author
Date 04 May 2026
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Container port connectivity drives EXIM efficiency at Jawaharlal Nehru Port through logistics integration, automation, and capacity expansion.
Jawaharlal Nehru Port (Nhava Sheva) is India's premier container port and a central gateway for containerized EXIM trade. Its strategic location and multimodal connectivity support faster cargo evacuation, lower logistics cost, and reduced dwell time. The port's modern terminals, global shipping links, logistics ecosystem, digital customs clearance, and ongoing capacity expansion strengthen its role as a strategic logistics hub, despite congestion, road dependence, and competition from private ports. (AI Summary)
Author
Date 04 May 2026
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Humane Section 264 revision requires enquiry-based scrutiny, not faceless dismissal of exemption claims and supporting records.
Section 264 revision requires the Commissioner to exercise revisional powers through an enquiry-based and humane approach, particularly where the assessee claims exemption and has placed prima facie supporting material on record. The revisional authority is not a passive forum of document collection; it must call for records, conduct or cause further enquiry where necessary, and then pass an order that is not prejudicial to the assessee. Faceless handling of the revision, without meaningful verification or clarification, was treated as falling short of the statutory standard. (AI Summary)
Author
Date 04 May 2026
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Unauthorized commercialization of residential areas strains zoning controls, weakens urban governance, and burdens civic infrastructure.
Unauthorized commercialization of residential areas occurs when residential premises are converted into commercial uses without the approvals required under master plans, zoning regulations, building sanctions, and municipal licensing and safety norms. Mixed-use policies, when implemented inconsistently and without clear criteria or monitoring, may encourage further violations by creating expectations of regularization. The article also notes that such conversions burden residential infrastructure, raise environmental and public health concerns, and persist because of weak enforcement, fragmented governance, selective action, and limited accountability. (AI Summary)
Author
Date 04 May 2026
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Composite supply in GST keeps ocean freight within import value, while air freight remains taxable under existing law.
GST on CIF import freight is explained through the composite supply treatment of imported goods, where freight is already included in the assessable value and taxed at import. The article states that a reverse charge levy on ocean freight was found inconsistent with the statutory scheme because the importer was not the real recipient of the transportation service and the same freight component could not be taxed twice. It then distinguishes air freight, which continues to be taxed under the existing statutory framework and is not automatically affected by the ocean freight position. (AI Summary)
Author
Date 02 May 2026
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CGST penalty on employees requires taxable person status, retained benefit, and no retrospective application before the provision's commencement.
Penalty under Section 122(1A) of the CGST Act applies only where the person retains the benefit of the specified transaction and the transaction was conducted at that person's instance. The provision is linked to a taxable person, so company employees who are not registered or liable to be registered cannot be treated as taxable persons merely because they hold managerial positions. The provision, effective from 1 January 2021, cannot be applied retrospectively to earlier periods. (AI Summary)
Author
Date 02 May 2026
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Input tax credit on motor vehicles used for renting services depends on the agreement and blocked credit exceptions.
Input tax credit on motor vehicles used for renting services depends on whether the supply falls within the blocked credit rule for motor vehicles under the GST law. Motor vehicles for transportation of persons with approved seating capacity of not more than thirteen persons, including the driver, are generally ineligible for input tax credit, except where used for further supply of such motor vehicles, transportation of passengers, or specified training services. The outward supply is identified under SAC 996601 for rental services of road vehicles, including cars, with operator, and ITC eligibility must be examined with reference to the agreement and the nature of use. (AI Summary)
Author
Date 02 May 2026
Replies 1 Reply
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Single-use plastics prohibition and extended producer responsibility remain central, despite persistent compliance gaps and enforcement weaknesses.
India's prohibition on selected single-use plastics operates through the Plastic Waste Management Rules, 2016, as amended under the Environment (Protection) Act, 1986, and targets items such as plastic cutlery, straws, balloon sticks, certain packaging materials, and thermocol used for decoration. The regulatory scheme bars manufacture, import, stocking, distribution, sale, and use of identified products, and is reinforced by penal consequences under environmental law. It also assigns compliance responsibilities across producers, importers, brand owners, local bodies, and consumers, while placing environmentally sound collection and disposal obligations on producers through Extended Producer Responsibility. (AI Summary)
Author
Date 02 May 2026
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VAT reform and labour tax relief in Germany depend on broadening the consumption tax base.
Germany's tax debate concerns reducing the burden on labour and shifting more of the tax load toward consumption through VAT reform. The article says this requires broadening the VAT base rather than relying on rate increases alone, because reduced rates and exemptions narrow the taxable base. It also notes that any reform must consider EU VAT limits, fairness concerns for lower-income households, and business impacts on input tax recovery, pricing, systems, and cross-border compliance. (AI Summary)
Date 02 May 2026
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Debt Recovery Tribunal contempt jurisdiction is unavailable; wilful disobedience of its orders must be pursued before the High Court.
The Debt Recovery Tribunal, though it exercises quasi-judicial powers in debt recovery matters, does not have inherent jurisdiction to punish for contempt under the Contempt of Courts Act, 1971 because it is not a "court" for that purpose. Wilful disobedience of a DRT order must be pursued before the High Court or Supreme Court, which alone can exercise contempt jurisdiction in relation to subordinate tribunals. The article further notes a SARFAESI dispute in which the DRT observed an alleged breach of its stay order but held that it could not entertain contempt proceedings. (AI Summary)
Date 02 May 2026
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Manhole cover exports from India rely on HSN classification, GST export benefits, and strong foundry clusters.
Export of manhole covers from India is supported by a diversified manufacturing base, with products supplied in cast iron, ductile iron, reinforced cement concrete, FRP/composite, steel and aluminium variants. The article identifies major production clusters in West Bengal, Tamil Nadu, Punjab, Gujarat, Maharashtra and Karnataka, and explains that export competitiveness is aided by established foundry capacity, skilled labour, supply-chain access and proximity to ports. It also notes that correct product classification under the applicable HSN headings is important for customs compliance, export documentation and access to export promotion benefits. (AI Summary)
Author
Date 02 May 2026
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Statutory university affiliation and GST taxability turn on public duty, not commercial supply.
GST cannot be applied to a university's affiliation activity when it is performed as a statutory and regulatory function rather than as a commercial service. The affiliation process is described as a legislatively mandated oversight mechanism for academic standards, infrastructure, and institutional compliance, with fees incidental to that public duty. Taxability under GST depends on the existence of a legally recognised taxable event, including supply, business, and consideration, and not merely on the receipt of money. Even otherwise, affiliation is said to fall within the exemption for services in relation to education. (AI Summary)
Author
Date 01 May 2026
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Transitional CENVAT credit and cess carry-forward under GST hinge on unnotified amendments, vested rights, and statutory limits on recovery.
Transition of unutilised CENVAT credit of Education Cess, Secondary and Higher Education Cess, and Krishi Kalyan Cess under Section 140(1) of the CGST Act is examined as a preservation of accumulated pre-GST credit. The article contends that the restrictive amendments linking the explanations to sub-section (1) were not notified, so they do not limit the carry-forward of CENVAT credit. It further argues that cess credit was validly part of CENVAT credit under the old regime, that accrued credit is a vested right protected by Section 174(2), and that Rule 117 cannot override the statute. (AI Summary)
Date 01 May 2026
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E-invoicing transparency and compliance are reshaping cross-border business operations through digital reporting and data governance.
The global move toward e-invoicing is driven by transparency objectives, with tax administrations seeking real-time or near real-time transaction data to reduce tax leakage and improve compliance. Cross-border businesses must navigate differing formats, validation rules, and platform requirements, while effective implementation depends on ERP upgrades, data governance, redesigned workflows, and coordination across finance, IT, and operations. The practical benefits include faster invoicing, fewer errors, easier audits, and better financial visibility. (AI Summary)
Date 01 May 2026