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GST interest recovery requires prior determination where liability or computation is genuinely disputed, while delayed refunds attract statutory interest.
GST interest may arise automatically under section 50, but a disputed interest base, period or quantum must be determined before coercive recovery. Recovery under section 79, including garnishee notices through Form GST DRC-13, can enforce only an amount that has become payable and cannot adjudicate an unresolved dispute. Admitted interest may be recovered without unnecessary proceedings. Payments during investigation require assessment of genuine voluntariness. Conversely, delayed refunds attract statutory interest under section 56 after the prescribed period, without requiring a separate claim. (AI Summary)
Author
Date 13 Aug 2026
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Wrongly availed input tax credit attracts interest only upon actual utilisation, measured through usable Electronic Credit Ledger balances.
Interest on wrongly availed input tax credit under Section 50(3) arises only when the credit is both wrongly availed and utilised. Under Rule 88B(3), utilisation is determined by the extent to which the Electronic Credit Ledger balance falls below the wrongly availed amount before reversal or payment. For IGST credit, IGST, CGST and SGST balances are considered together, while Compensation Cess credit is excluded where it was not legally usable for the relevant liability. Reversal before utilisation may prevent interest; ledger records must establish the usable balance throughout the relevant period. (AI Summary)
Author
Date 13 Aug 2026
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GST delayed-payment interest depends on net cash liability and eligible Electronic Cash Ledger balances, not delayed return filing alone.
Delayed-payment interest under Section 50 of the CGST Act is computed on the net cash component of tax liability, subject to the statutory exception for returns furnished after commencement of specified proceedings. Deposit into the Electronic Cash Ledger is distinct from formal discharge of tax through ledger debit, but Rule 88B recognises that eligible cash credited by the return due date may be excluded from interest computation. Determination requires review of the cash liability, ledger deposits, available balance, balance movements and final appropriation date. (AI Summary)
Author
Date 13 Aug 2026
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Corporate resilience requires economic substance testing, independent challenge, and early detection of fraud, tax, third-party, and ethical risks.
Corporate resilience requires governance that tests the legality, accounting and tax treatment, economic substance, and ethical defensibility of significant transactions. Controls should identify fraud indicators through data analytics and timely scrutiny of unexplained anomalies. Tax risk registers, documented reasoning, exposure assessment, and independent review should support material transactions. Circular trades and third-party dealings require beneficial-ownership mapping, commercial-purpose assessment, verification of actual performance and funding, and counterparty due diligence. Management override requires independent review, while effective speak-up mechanisms and Board oversight support early risk identification and remediation. (AI Summary)
Author
Date 13 Aug 2026
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Deep-fried onion export compliance requires verified product classification, food-safety certification, Customs documentation, and destination-specific import requirements.
Deep-fried onion exports require verification of the applicable HSN classification based on product composition and processing, compliance with food-safety and buyer specifications, and completion of registration, Customs and documentation requirements. Exporters generally need PAN and GST registration, an Import Export Code and APEDA registration where applicable, followed by Shipping Bill filing, Customs clearance and receipt of export proceeds through authorised banks. Documentation may include commercial and GST invoices, packing list, transport document, certificate of origin, inspection certificate and transaction-specific phytosanitary or fumigation certificates. Incentive, refund, insurance and export-finance facilities may apply subject to conditions. (AI Summary)
Author
Date 13 Aug 2026
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Customs valuation follows transaction value first, then sequential alternative methods, with evidence required before declared values are rejected.
Transaction value is the primary basis for customs valuation, subject to a genuine export sale, sole consideration, absence of prohibited restrictions, unaffected related-party pricing, and reliable documentary support. Prescribed additions include relevant commissions, packing, containers, royalties, buyer-supplied assists, resale proceeds, freight, handling, and insurance. Declared value may be rejected only on legally sustainable grounds supported by procedure, evidence, reasoned findings, and an opportunity for the importer. If unavailable, valuation must proceed sequentially through identical goods, similar goods, deductive value, computed value, and finally residual valuation without arbitrary or fictitious values. (AI Summary)
Author
Date 13 Aug 2026
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Retrospective input tax credit restrictions threaten accrued commercial leasing entitlements and warrant prospective application with recovery held in abeyance.
Retrospective restriction of input tax credit under section 17(5)(d) is characterised as a substantive narrowing of the exception for plant or machinery, rather than a clarificatory drafting correction. The analysis contends that retrospectively removing credit eligibility for commercial properties used to generate taxable rental income divests taxpayers of accrued statutory benefits and disrupts completed investment, leasing and cash-flow arrangements. It urges prospective operation of any tightened credit restriction and recommends that coercive recovery and final adjudication of related show-cause notices remain in abeyance pending factual consideration of the functionality test. (AI Summary)
Date 12 Aug 2026
Replies 2 Replies
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Subsequent statutory pre-deposit requires consideration before a timely Service Tax appeal is treated as permanently defective.
Mandatory pre-deposit is a condition for entertaining a Service Tax appeal, but filing an appeal within limitation is distinct from entertaining it for adjudication. Where the prescribed deposit is subsequently made before final disposal and the appeal has not been decided on merits, the later compliance is a material circumstance requiring consideration. This is not a request for waiver of pre-deposit. A dismissal based solely on absence of deposit at filing, without considering subsequent payment and satisfaction of the statutory condition, may amount to non-application of mind. (AI Summary)
Date 12 Aug 2026
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Clubbing of FIRs requires a common transaction; separate cyber fraud complaints may warrant independent investigations despite shared banking links.
Clubbing of FIRs is ordinarily unavailable where separate complaints disclose distinct occurrences rather than one transaction. The same-transaction inquiry turns on unity of purpose, proximity of time and place, and continuity of action, without requiring all factors cumulatively. In cyber fraud matters, different complainants, separate inducements and occasions, and no live transactional link may support separate investigations. Transfer of alleged proceeds into a common bank account alone does not establish a single transaction. Separate inquiries may be needed to examine electronic evidence, banking records, money trails, and the persons involved. (AI Summary)
Date 12 Aug 2026
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GST appellate limitation requires month-based computation, supporting timely tribunal appeals against adverse first appellate orders.
GST appellate limitation must be computed in calendar months where the prescribed periods are expressed as "three months" and "one month"; the order date is excluded under the General Clauses Act. A first appeal should not be rejected by converting those periods into fixed days. Prompt GSTAT appeals are emphasised where first appeals were dismissed on limitation or where fraud-based recovery was invoked without material evidence of fraud, wilful misstatement, or suppression with intent to evade tax. Other identified grounds include denial of hearing and demands exceeding the show-cause notice. (AI Summary)
Date 12 Aug 2026
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Telecommunication tower ITC depends first on immovability, with plant-and-machinery exclusion relevant only after asset classification.
Input tax credit on telecommunication towers requires a two-stage enquiry. First, the asset must be classified as movable or immovable by examining its attachment, intended permanence, functionality, and capacity for dismantling and relocation. Exclusion of towers from "plant and machinery" does not itself make them immovable. Only if a tower is immovable do the blocked-credit restrictions for construction under Section 17(5)(c) or Section 17(5)(d) arise, where the exclusion becomes material. The retrospective alignment of "plant or machinery" with "plant and machinery" resolves terminology but does not deem towers immovable. (AI Summary)
Author
Date 12 Aug 2026
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HUF property ownership requires evidence beyond a PAN entry, demanding inquiry into purchaser capacity, investment source, and appellate procedure.
Misquotation of an HUF PAN in property-purchase records may initiate reassessment, but PAN reference alone does not establish that the property or investment belongs to the HUF. Determination of ownership requires examination of the purchaser's capacity, purchase documentation, patta, encumbrance records, and the accounts of both the HUF and its Karta. The article also raises concerns over additional evidence at the appellate stage, the need for opportunity to the Assessing Officer, and correct identification of the assessee where an HUF assessment is pursued but an individual legal heir is named in appeal proceedings. (AI Summary)
Date 12 Aug 2026
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Telecom tower immovability determines whether construction-related input tax credit restrictions apply despite exclusion from plant and machinery.
Input tax credit for telecommunication towers requires a prior determination of whether the tower is immovable property. Exclusion of telecom towers from the statutory definition of plant and machinery does not itself establish immovability. Construction-related blocked-credit provisions apply only where goods, services or works contract services relate to construction of immovable property. Immutability depends on annexation, purpose, intention, functionality, permanence, dismantling capability and marketability. Towers fixed for operational stability may retain their movable character if they can be dismantled, relocated, reassembled and sold without losing their essential identity. (AI Summary)
Author
Date 12 Aug 2026
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Disputed GST interest requires reasoned determination before garnishee recovery can proceed against taxpayer debtors under statutory recovery powers.
Disputed GST interest must be determined before garnishee recovery is initiated. Section 79 recovery presupposes an amount payable and cannot be used to determine a contested liability. Where a taxpayer raises reasoned objections to interest computation, including the effect of deposits in the Electronic Cash Ledger, the authority must examine competing legal positions and issue a reasoned determination. Rule 145 and Form GST DRC-13 cannot convert an undecided interest dispute into a crystallised recoverable amount. (AI Summary)
Author
Date 12 Aug 2026
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ESG reporting under BRSR requires measurable disclosures, reliable data governance, value-chain assessment, and continuous responsible business improvement.
BRSR is a standardised ESG reporting framework for eligible listed companies, structured around nine responsible business conduct principles and designed to move reporting from policy commitments towards measurable performance. It includes general, management-process and principle-wise performance disclosures covering environmental, social, governance and stakeholder matters. BRSR Core emphasises key measurable ESG indicators and, where applicable, assurance or independent assessment. Effective compliance requires clear data ownership, standardised collection, validation, supporting evidence, value-chain consideration, management review and continuous improvement. (AI Summary)
Author
Date 12 Aug 2026
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Customs classification requires structured application of HS headings, Notes and interpretative rules while preserving international tariff uniformity.
Customs classification is governed by the HS Convention and the legally operative HS text comprising headings, subheadings, Notes and the GIRs. Classification begins with heading terms and applicable Section or Chapter Notes; titles are only reference tools. The GIRs provide a sequential method for incomplete goods, mixtures, competing headings, composite goods, containers and subheading classification. Explanatory Notes and Classification Opinions provide authoritative international interpretative assistance but cannot override the Convention, headings, Notes or GIRs. National tariff subdivisions, advance rulings and judicial interpretation operate domestically while remaining consistent with the internationally harmonised six-digit HS structure. (AI Summary)
Author
Date 12 Aug 2026
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National Traders' Welfare Board advances trader welfare through policy consultation, digital inclusion, credit access and simplified business compliance.
National Traders' Welfare Board operates as an advisory and consultative mechanism to address traders' concerns and recommend reforms concerning taxation, licensing, compliance, infrastructure and business regulation. It promotes trader welfare through social security, formalisation, digital compliance, skill development, financial inclusion and credit access. Stakeholder consultation, awareness of pension, insurance, loan and digital-payment schemes, and adoption of e-commerce, electronic billing and inventory-management practices are central functions. Its effectiveness depends on policy adoption, stakeholder participation and awareness among small traders. (AI Summary)
Author
Date 12 Aug 2026
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ISO 14001 environmental management requires risk-based planning, operational controls, compliance evaluation, corrective action and continual environmental performance improvement.
ISO 14001:2015 provides a framework for establishing and continually improving an Environmental Management System. Organisations identify environmental aspects and significant impacts, determine compliance obligations, set measurable objectives, and implement operational controls, training, documented processes and emergency preparedness. The Plan-Do-Check-Act cycle requires performance monitoring, compliance evaluations, internal audits, management review and corrective action for nonconformities. The framework supports pollution prevention, resource efficiency, waste and emissions reduction, environmental risk management and integration with other ISO management systems. (AI Summary)
Author
Date 12 Aug 2026
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Unauthorised exterior shop lighting can trigger electricity misuse, public-space encroachment, safety concerns and indirect advertising scrutiny.
Extension of wine-shop lighting into roads, pavements or other public areas may constitute unauthorised use of electricity, encroachment and a public-safety violation. Commercial electricity connections are ordinarily limited to approved premises and sanctioned load; exterior use beyond those limits may result in penalties, disconnection or legal action. Lighting crossing shop boundaries may obstruct public access, affect traffic and create safety hazards. Where exterior illumination increases visibility and customer footfall beyond normal shop lighting, it may also support an inference of indirect advertising. (AI Summary)
Author
Date 12 Aug 2026
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GST proceedings against deceased registrants require lawful limitation, effective service, and opportunity to respond before adjudication.
GST demand proceedings against a deceased registered person raise questions of limitation, use of the extended-demand provision, service of notice, and procedural fairness to legal heirs. Portal-based notices after cancellation of registration may not provide a meaningful opportunity to respond where the taxpayer has died and the legal heir lacks access or knowledge of the GST account. The commentary stresses that delayed action cannot justify use of a more stringent demand mechanism without the required basis, and that communication through available contact details, email, or post is necessary before adjudication. (AI Summary)
Date 11 Aug 2026