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Culpable mental state under GST offences shapes prosecution, sanction requirements, and trial limits for disclosure violations.
Offences under GST law include wilful disclosure of information or return contents by officers and other specified persons, with prosecution subject to prior sanction requirements and prescribed punishment by imprisonment, fine, or both. The framework also contains a statutory presumption of culpable mental state, covering intention, motive, knowledge, belief, or reason to believe, while allowing the accused to rebut that presumption by proving absence of such mental state beyond reasonable doubt. Cognizance of GST offences requires the Commissioner's sanction, and trial is restricted to courts not inferior to a Magistrate of the First Class. (AI Summary)
Date 25 Apr 2026
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GST Appellate Tribunal filing demands correct bench selection, timely acknowledgement, strict limitation control, and structured evidence-based advocacy.
Appeal practice before the GST Appellate Tribunal requires correct bench selection, timely filing with final acknowledgement, and vigilance on limitation and pre-deposit requirements. The article stresses structured presentation of facts, evidence, chronology and dates, proper handling of additional evidence, affidavits, cross-objections and authorisations, and careful use of precedents, circulars and statutory provisions. It also notes that AI-assisted drafting must be checked against the law and record before submission. (AI Summary)
Author
Date 25 Apr 2026
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Food fortification in India strengthens staple foods with essential micronutrients to fight hidden hunger and improve public health.
Food fortification in India is presented as a public health intervention that adds essential micronutrients to widely consumed staples such as milk, wheat flour, edible oil, rice and salt to address hidden hunger and widespread deficiencies. The Food Safety and Standards Authority of India has set standards for nutrient levels, approved fortificants, quality checks, certification and the +F logo, while regulated additions such as iron, iodine, vitamins A and D, folic acid and vitamin B12 are used to support health without changing ordinary diets. (AI Summary)
Author
Date 25 Apr 2026
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Unexplained cash deposit principles limit section 69 additions when demonetized notes arise from explained business receipts.
Cash deposits of demonetized notes are not unexplained investment merely because they were accepted or deposited in violation of RBI guidelines. For invoking section 69, the authority must show both an investment and failure to explain its source. Genuine business cash receipts, payment of indirect tax, identifiable customers, consistent cash sales patterns, and practical difficulty in accepting notes after demonetization are relevant factors. Additions based only on cash sales-to-deposit ratio during the demonetization period are improper where the source is otherwise explained. (AI Summary)
Author
Date 25 Apr 2026
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Exclusive Economic Zone customs jurisdiction depends on express statutory extension and must align with international law.
India's Exclusive Economic Zone is a hybrid maritime zone in which the State exercises sovereign rights rather than full sovereignty. Customs jurisdiction does not automatically extend into the EEZ and may operate there only through express statutory extension or notification under the Maritime Zones Act, 1976 and the Customs Act, 1962. Notified offshore installations may be treated as deemed customs territory for limited fiscal and regulatory purposes, but enforcement must remain consistent with UNCLOS and confined to the functional needs of offshore economic activity. (AI Summary)
Author
Date 25 Apr 2026
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GST return correction rights cannot be denied for bona fide mistakes after the statutory timeline, where no fraud or revenue loss exists.
Bona fide correction of GST return particulars cannot be denied merely because the amendment is sought after expiry of the statutory timeline. Where a registered person discovers an inadvertent reporting mistake in GSTR-1 and makes a genuine rectification without fraud, suppression, undue benefit, or revenue loss, technical rigidity cannot override accurate tax reporting. Proceedings under Section 73 that are founded solely on the premise that correction of the return was impermissible are unsustainable once the underlying denial of rectification fails. (AI Summary)
Author
Date 25 Apr 2026
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GST show cause notice must be specific and supported by documents; vague notices are unsustainable in law.
A show cause notice under GST must be specific, reasoned, and supported by the material relied upon, because it forms the foundation of adjudication and must give the assessee a real opportunity to meet the allegations. A notice that merely states conclusions or figures without disclosing the basis of computation, the relevant transactions, or the supporting documents does not satisfy statutory and natural justice requirements. A notice founded on an incorrect factual premise is also vulnerable, and a vague, unsupported, factually incorrect notice is unsustainable in law. (AI Summary)
Author
Date 24 Apr 2026
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Car seat component classification favors seat-parts treatment when imported goods perform integral seat adjustment and locking functions.
Car-seat track assemblies, brake/case sub-assemblies, gear vertical adjusters and bar seat-track locks are treated as parts of seats under CTI 9401 90 00 where they are integral to seat movement, adjustment, lifting and position locking and are supplied to seat manufacturers. Automotive use alone does not make such seat-specific components parts or accessories of motor vehicles under CTH 8708. Judicial discipline requires customs authorities to follow an undisturbed prior appellate classification of similar seat components. (AI Summary)
Author
Date 24 Apr 2026
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Arbitration award challenge by legal representatives must proceed under Section 34, not constitutional supervisory jurisdiction.
Legal representatives of a deceased party to an arbitration agreement may challenge an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, rather than by invoking Article 227 of the Constitution or Section 115 of the Code of Civil Procedure. The statutory scheme treats arbitration as continuing after the death of a party, with the legal representative stepping into the deceased party's position where the right to sue survives. The award binds parties and persons claiming under them, and the corresponding right to seek setting aside of the award also flows to those representing the deceased estate. (AI Summary)
Date 24 Apr 2026
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GST compliance and administration updates include interest recomputation, invoice management offline tools, tribunal benches, and filing deadline relief.
GST developments include demands for an early GST Council meeting, continued controversy over denial of refund for input services under the inverted duty structure, and sector-specific rate rationalisation concerns. The GST portal has enabled re-computation of interest in GSTR-3B after an auto-calculation glitch and introduced an IMS Offline Tool for invoice actions and bulk upload. Additional GSTAT benches have begun functioning, the GSTR-3B due date for March 2026 has been extended by one day, and CBIC has constituted working groups for GST, Customs, and organisational restructuring. (AI Summary)
Date 24 Apr 2026
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Digital EPCG scrip processing streamlines online issuance, revalidation, and customs transmission for faster export incentive use.
Online processing has been introduced for Post Export EPCG duty credit scrips through a DGFT portal module linked with ICEGATE, replacing manual handling with a digital mechanism for issuance, re-issuance, revalidation and transmission. The system enables exporters to apply online, allows Regional Authorities to examine requests electronically, and generates scrips for automatic transmission to customs systems, reducing delays, synchronization issues and physical documentation in scrip utilisation. The module also covers revalidation of untransmitted or expired scrips and generation of electronic scrips where only manual scrips exist. (AI Summary)
Author
Date 24 Apr 2026
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Bill of Entry reassessment under customs law permits verification of self-assessment, revised duty demand, and appellate challenge.
Self-assessment of a Bill of Entry under the Customs Act, 1962 is subject to verification by customs officers, and the proper officer may reassess the entry where discrepancies are found in classification, valuation, exemption claims, description, quantity, or compliance with import policy conditions. Where reassessment results in additional duty, the revised duty must be paid before clearance of the goods. Importers disputing reassessment may seek a speaking order and challenge the matter through the appellate mechanism under the Customs Act. (AI Summary)
Date 24 Apr 2026
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GST input tax credit fraud bail turns on limited compliance role and completed investigation in an advocate's case.
Regular bail was considered in a GST input tax credit fraud prosecution against an advocate alleged to have filed returns for non-existent firms and to have facilitated wrongful availment of input tax credit. The allegations invoked offences under Section 132(1)(b) and Section 132(1)(c) of the Goods and Services Tax law, with the applicant asserting that his involvement was confined to compliance-related work and that the investigation had already concluded with the charge-sheet filed. The Court noted that the applicant's role appeared limited to compliance activities, he did not appear to be a major participant in the alleged conspiracy, and bail was considered subject to conditions. (AI Summary)
Author
Date 24 Apr 2026
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Group insolvency framework expands coordinated resolution, common Bench procedure, and new penalty provisions under the insolvency code.
Group insolvency introduces a coordinated framework for multiple related corporate debtors, with Section 59A empowering rules for common Bench procedure, coordination of insolvency professionals and creditors, appointment of a common insolvency professional, and synchronised agreements. The amendments also add a three-month appeal disposal timeline before the NCLAT, penalties for frivolous proceedings, revised liability for fraudulent and wrongful trading, and new penalty provisions for contravention of moratorium, breach of an approved resolution plan, and concealment of dispute by an operational creditor. (AI Summary)
Date 24 Apr 2026
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Transshipment container procedure regulates bonded movement, seal verification, and controlled cross-stuffing for maritime disruption cargo.
Standard Operating Procedure regulates movement and cross-stuffing of International Transshipment Full Container Load containers under the jurisdiction of Jawaharlal Nehru Custom House. It requires Customs authorization, manifest-based processing, movement under a custodian-cum-carrier bond, seal verification at multiple stages, and restricted storage at designated container freight stations. Cross-stuffing is allowed only on a case-by-case basis with supporting no-objection certificates, video recording, Customs supervision, and record retention. Transshipment cargo must be re-exported within 30 days, subject to extension, and prohibited goods, arms, ammunition, hazardous cargo and non-manifested goods are excluded. (AI Summary)
Author
Date 24 Apr 2026
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Tarrification of customs duty rates shifts disputes from exemption eligibility to tariff classification for imports after 1 May 2026.
The Finance Bill 2026 proposes to tarrify approximately 54 Customs Tariff Headings by incorporating the effective basic customs duty rates directly into the First Schedule to the Customs Tariff Act 1975 from 1 May 2026. The exercise is rate-neutral but displaces exemption notifications and shifts future disputes from exemption eligibility to Tariff Heading classification. Pre-1 May 2026 imports continue under the earlier regime, including pending assessments, refund claims, and provisional assessments, while Social Welfare Surcharge may require verification after the consequential amendments. (AI Summary)
Author
Date 24 Apr 2026
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Assignment of leasehold rights under GST is treated as transfer of immovable property benefits, not a taxable service.
Assignment of leasehold rights under GST is debated on whether it is a taxable supply of service or a transfer of immovable property benefits outside GST. The article states that the Department has tried to tax such assignments as miscellaneous services, but the Bombay High Court, following the Gujarat High Court view, treated the transaction as neither a lease nor a sub-lease and as outside the service classification. Stamp duty payable on such assignments is also highlighted as supporting the property-transfer character. (AI Summary)
Author
Date 24 Apr 2026
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CITES trade controls regulate wildlife commerce through permit-based safeguards, scientific findings, and stricter domestic measures.
CITES regulates international trade in wild fauna and flora through a species-based control system intended to ensure that cross-border trade does not threaten survival in the wild. The Convention operates through three Appendices, with Appendix I allowing only exceptional non-commercial trade under strict permit conditions, Appendix II permitting commercial trade subject to export permission and scientific assessment, and Appendix III covering species protected by individual countries seeking trade-control assistance from other Parties. Each Party must designate a Management Authority and Scientific Authority, and the permit system, stricter domestic measures, and domestic enforcement through wildlife, foreign trade, and customs laws form the core of implementation. (AI Summary)
Author
Date 24 Apr 2026
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Natural justice in GST depends on taxpayer participation; silence after notice weakens later complaints of denied hearing.
GST adjudication requires timely participation by the taxpayer after receipt of a statutory notice. Where a show-cause notice is issued for scrutiny discrepancies and alleged wrongful availment or utilisation of input tax credit, failure to file a reply, place material on record, or specifically request a personal hearing permits the proceedings to continue on the basis of the departmental record. In that situation, the taxpayer cannot later assert denial of natural justice merely because the notice was not answered. A personal hearing under Section 75(4) is not automatic in every case, but is available when sought. (AI Summary)
Author
Date 23 Apr 2026
Replies 1 Reply
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New income-tax regime switching rules clarify option filing, withdrawal, and depreciation treatment under the default tax regime.
New Rule 21AGA lays down the modalities for switching between the old and new income-tax regimes under section 115BAC. A person having income from business or profession must exercise the option in Form No. 10-IEA, while a person without such income may do so in the return of income itself. Withdrawal of the option is also to be made in Form No. 10-IEA, furnished electronically. Related amendments modify exempt allowance benefits, perquisite valuation, and depreciation treatment under the new tax regime. (AI Summary)
Author
Date 23 Apr 2026