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Curative GST refund formula supports retrospective differential claims when applications meet limitation and substantive eligibility requirements.
The amended Rule 89(5) formula is treated as curative and clarificatory because it corrects an earlier mismatch that could understate refunds of accumulated input tax credit under an inverted duty structure. Curative amendments may apply to earlier tax periods where refund or rectification claims remain within limitation and satisfy substantive requirements. A supplementary claim for an omitted differential amount is not barred merely because an earlier claim was filed, subject to eligibility, limitation, accurate quantification and prevention of duplicate refunds. (AI Summary)
Author
Date 28 Sep 2026
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Reasoned GST appellate orders require consideration of recorded grounds and merits, even when the appellant is absent.
Section 107(12) of the CGST Act, 2017 requires first appellate authorities to issue written, reasoned orders identifying points for determination and recording decisions on each point. Dismissal of a GST appeal solely for absence or lack of prosecution, without considering the record and appeal grounds, is inconsistent with the statutory appellate duty. Appellate authorities must independently examine relevant facts and material grounds, provide an opportunity of personal hearing, and issue speaking orders supported by reasons. (AI Summary)
Date 28 Sep 2026
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Inverted-duty GST refunds depend on higher-taxed eligible inputs, rate inversion, and period-wise formula computation-not business labels or HSN overlap.
Inverted-duty GST refund eligibility under Section 54(3)(ii) depends on accumulation of eligible input tax credit from higher-taxed inputs relative to output supplies, not on whether the claimant is termed a manufacturer or trader. Shared HSN classification of inputs and outputs is not an independent disqualification. All eligible inputs forming Net ITC, including chemicals, packaging and consumables, must be considered under Rule 89(5). The refund must be calculated using tax-period-specific data; annual figures may only corroborate business patterns or assist verification. (AI Summary)
Author
Date 28 Sep 2026
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Faceless reassessment and retrospective validation remain contested where jurisdictional officer notices bypass automated allocation requirements.
Section 147A, retrospectively inserted with effect from 1 April 2021, purports to validate reassessment notices issued by Jurisdictional Assessing Officers. Through a non-obstante clause, it overrides section 151A and judicial pronouncements, and treats the Assessing Officer for sections 148 and 148A as the jurisdictional officer rather than the National Faceless Assessment Centre. The central issue is whether prescribed faceless allocation is mandatory and whether retrospective validation can displace that procedure. (AI Summary)
Author
Date 28 Sep 2026
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GST on in-patient medical supplies turns on whether they are independently taxable or integral to exempt health services.
GST treatment of medicines, consumables and medical devices supplied to in-patients depends on whether they are independently taxable supplies or integral components of exempt health services. Section 76 applies where an amount is collected as tax but is not paid to Government, irrespective of the taxability of the underlying supply. The inquiry requires invoices, procurement and tax-payment details, and the billing method, while distinguishing in-patient treatment supplies from standalone pharmacy sales on which GST is collected and remitted. (AI Summary)
Author
Date 28 Sep 2026
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Penalty-only GST appeals: pre-deposit applicability turns on whether appellate rights vested before the amended regime.
GST appellate pre-deposit for penalty-only orders is disputed because the amended regime effective from October 1, 2025 contains no transitional provision. Earlier provisions tied pre-deposit to tax in dispute, so an order imposing penalty alone with no tax demand did not attract deposit. The central issue is whether the new penalty pre-deposit applies by reference to the show-cause notice commencing adjudication or to the date of filing the GSTAT appeal. An interim arrangement permits the GSTAT appeal to be entertained without pre-deposit pending determination. (AI Summary)
Author
Date 26 Sep 2026
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Proper-officer jurisdiction under GST may validate adjudication assignments while leaving disputed tax liability for statutory appellate review.
Proper-officer jurisdiction under GST requires both appointment as a Central Tax officer and assignment of the relevant statutory function. Existing appointment and power provisions supported allocation of demand-adjudication functions through CBIC instruments, including monetary limits. Assignment of functions differs from delegation of powers and does not necessarily require a separate delegation notification. Valid jurisdiction does not determine whether turnover discrepancies, tax computation, interest, penalty, digital-signature objections, or scrutiny procedures are correct; those issues require statutory appellate examination. The appeal route received case-specific protection from limitation-based rejection. (AI Summary)
Author
Date 26 Sep 2026
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Actual-payment deductions govern business-income claims, while payment timing, deferred interest, and enterprise dues determine deductibility.
Section 37 of the ITA 2025 permits deductions for specified liabilities only in the tax year of actual payment when computing business or professional income. Covered items include statutory levies, employer welfare contributions, leave encashment, employee bonus or commission, qualifying loan interest, railway-asset payments, and overdue micro or small enterprise dues. Except for enterprise dues, payment by the return-filing due date preserves deduction for the year in which liability arose. Conversion of qualifying interest into a deferred instrument is not actual payment, and sums already deducted cannot be deducted again. (AI Summary)
Date 26 Sep 2026
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Provisional GST attachment expiry requires release of personal bank accounts when no valid restraint or demand remains.
Section 83(2) imposes an automatic one-year statutory sunset on every provisional attachment. On expiry, an account cannot remain frozen because an investigation or show cause proceeding continues, a bank lacks fresh instructions, or authorities have not issued a withdrawal. A live, legally valid attachment applicable to the particular account holder is required for any continuing restraint; family relationship, shareholding, financial transfers, or participation in an inquiry do not substitute for that statutory basis. (AI Summary)
Author
Date 26 Sep 2026
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AI-powered CRM combines predictive analytics and automation, requiring privacy safeguards, reliable data, integration, retraining, and human oversight.
AI-powered customer relationship management combines conventional customer-data record keeping with machine-learning analysis and automation. It uses behavioural, engagement and demographic data to rank leads by conversion likelihood; analyses communications for customer sentiment; automates data entry, record updates and workflow triggers; and offers next-action recommendations and revenue forecasts. Data privacy and security compliance require planning for sensitive customer information across differing regional requirements, together with encryption, access controls and compliance with data-protection laws. (AI Summary)
Author
Date 26 Sep 2026
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Show cause notice requirement governs fraud-based GST demands, preventing summons, hearings, or electronic demand forms from initiating adjudication.
Section 74 requires service of a statutory show cause notice before a fraud-based GST demand can be determined. The notice must specify the proposed tax, interest and penalty and disclose the transactions, evidence, legal provisions and foundational facts supporting allegations of fraud, wilful misstatement or suppression. Search materials, summons, personal hearings and Form GST DRC-07 cannot replace that notice. Forms GST DRC-01 and DRC-02 are only electronic summaries supporting a notice or statement, while DRC-07 communicates an adjudicated liability. A hearing or appeal cannot cure the absence of an effective opportunity to answer a properly framed charge. (AI Summary)
Author
Date 26 Sep 2026
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GST return compliance links invoice reporting, credit eligibility and tax payment, while supplier defaults can restrict input tax credit.
Chapter IX GST compliance requires invoice-level outward-supply reporting, portal-based communication of eligible and ineligible credit, self-assessed tax discharge through GSTR-3B, and annual reconciliation. Alignment of GSTR-1 with GSTR-3B enables automated mismatch scrutiny and requires timely reconciliation or payment. Automated GSTR-2A/GSTR-2B matching is facilitative, but input tax credit remains conditional on actual supplier tax payment; bona fide purchaser status does not displace that statutory condition. Zero-rated refund verification similarly depends on accurate return data and input tax credit chains. (AI Summary)
Date 25 Sep 2026
Replies 8 Replies
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Online-game winnings TDS requires deduction on net winnings at the prescribed rate, including where the recipient has not filed returns.
Tax deduction at source on online-game winnings under section 194BA applies from 1 April 2023. The person responsible for paying such winnings must deduct tax at 30% on net winnings after accounting for entry fees where applicable. Section 194BA is excluded from the higher-deduction regime for non-filers under section 206AB, so the prescribed 30% deduction applies even where the recipient has not furnished an income-tax return. (AI Summary)
Author
Date 25 Sep 2026
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E-way bill integrity requires timely statutory extensions; altered invoice data and dispatch details can evidence deliberate portal circumvention.
Rule 138(10) is treated as the exclusive mechanism for extending an E-Way Bill during exceptional transit delays. The transporter must update Part B and act within the stipulated period around expiry; a fresh or secondary E-Way Bill for the same invoice is not an alternative route. Section 129 proceedings apply the preponderance-of-probabilities standard, requiring reliable evidence of any claimed breakdown. Altering an invoice identifier to bypass duplicate-bill portal controls, especially with a changed dispatch location, is distinguished from a minor clerical error and treated as deliberate portal circumvention. (AI Summary)
Author
Date 25 Sep 2026
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Input tax credit reversal cannot rest on aggregate trade payables; only individually verified invoices unpaid beyond the prescribed period matter.
Input tax credit reversal linked to delayed supplier payment must rest on verification of specific purchase invoices remaining unpaid beyond 180 days and cannot be inferred from the aggregate trade-payables figure in a year-end balance sheet. Trade payables may comprise recent purchases within ordinary contractual credit periods. Any reversal demand should follow supplier- and invoice-level verification and be confined to cases of actual non-payment beyond the prescribed period. (AI Summary)
Date 25 Sep 2026
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Udyam Registration Number recovery requires OTP validation through the registered mobile number or email, avoiding duplicate registration.
Udyam Registration Number recovery is available without fee through the official Udyam portal where the enterprise can receive a one-time password on the mobile number or email recorded during registration. The user selects the applicable Udyam Registration or older Udyog Aadhaar Memorandum option, validates the one-time password, and retrieves all registration numbers linked to the registered contact detail. Where access to that contact detail is unavailable, online recovery cannot be completed and support channels should be used. Loss of the number does not require a fresh or duplicate registration. (AI Summary)
Author
Date 25 Sep 2026
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GST document presumptions shift proof burdens, but loose papers and searches require corroboration and proper-officer authority.
Section 144 of the CGST Act creates a rebuttable presumption that documents tendered by the prosecution are genuine unless disproved. Loose sheets, slips, and diaries are not ordinarily books of account and require authentication and independent corroboration before supporting a tax addition. Entries in accounts alone cannot establish liability. Seized material must have a clear legal and factual nexus with an actual taxable supply. Investigation, search, and seizure must also be undertaken by a proper officer, since subsequent proceedings cannot rest on an invalid foundation. (AI Summary)
Date 25 Sep 2026
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Outsourced hospital catering remains taxable because patient consumption cannot transform a standalone food supply into exempt healthcare.
GST exemption for in-patient diets depends on the supplier's own supply. A hospital may supply prescribed food as an ancillary part of exempt healthcare, but an independent caterer supplying food to the hospital makes a standalone taxable food supply. Ultimate consumption by in-patients and institutional communications do not alter classification. A mistaken reliance on a healthcare clarification does not by itself establish fraud-based non-payment; liability may proceed under the normal-demand route, with cum-tax valuation where tax was not separately collected. (AI Summary)
Author
Date 25 Sep 2026
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Tax litigation results show assessee-favouring patterns overall, while revenue proportions increase at higher appellate levels.
Reported litigation results are compared through assessee-favouring and revenue-favouring classifications, with assessee results fixed at one for revenue-to-assessee ratios. Revenue ratios remain below one in overall, Customs, Income Tax, Central Excise, and most GST comparisons, but exceed one at GST advance-ruling levels. Revenue's proportion generally rises from tribunals to High Courts and the Supreme Court. The trend is associated with differences in representation, resources, and the weight of counsel, including persuasiveness, professional standing, expertise, and credibility. (AI Summary)
Date 24 Sep 2026
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GST search safeguards require valid authorisation, premise-specific inspection, documented seizure, and voluntary-not compelled-payment during investigations.
GST search and inspection under section 67 require authorisation by a Joint Commissioner or higher officer on specified grounds, with Form GST INS-01 identifying the applicable ground and premises. Search powers are premise-specific and do not extend to unlisted locations. Liability must be determined through adjudication under section 73 or section 74; on-site recovery is valid only where payment is genuinely voluntary and free from coercion. Seizures must be documented in a panchnama, and cash may be seized only upon a direct and demonstrable nexus with tax evasion. (AI Summary)
Date 24 Sep 2026