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Supplementary refund under GST permits independent additional claims, subject to limitation, unjust enrichment, and strict documentation requirements.
Supplementary refund under GST is an additional refund claim filed after the original application where the full eligible refund was not claimed, some invoices or amounts were missed, or only part of the refund was sanctioned. It is recognised through Section 54 of the Central Goods and Services Tax Act, 2017 and the related rules, with each refund claim treated as independent if it satisfies the statutory conditions and is filed within two years from the relevant date. Procedural defects, technical errors, and portal issues should not defeat a legally admissible refund, but duplication and unjust enrichment remain restrictions. (AI Summary)
Author
Date 30 Mar 2026
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Rectification of bona fide GST return errors should be permitted where no revenue loss arises from the correction.
Bona fide clerical errors in Form GSTR-1, including misreporting B2C supplies as B2B, cannot by themselves justify a show cause notice where the correction reflects the true nature of supplies and causes no revenue loss. The discussion emphasizes that rectification of genuine mistakes in GST returns should be permitted, and that proceedings founded solely on the alleged ineligibility to amend such errors are inconsistent with the settled approach recognising correction of inadvertent mistakes. (AI Summary)
Author
Date 28 Mar 2026
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Input Tax Credit retention under GST can trigger interest where non-utilisation is not proved and reversal is delayed.
Wrongly availed transitional Input Tax Credit under GST may attract interest where the credit is retained for a prolonged period and non-utilisation is not proved by documentary evidence. The article explains that prolonged retention of inadmissible credit can create a liquidity benefit and justify compensatory interest, even where the taxpayer cites technical glitches or eventual reversal. It further states that GST interest is statutory and automatic, recovery may proceed without a separate show-cause notice, and interest must be paid in cash because ITC cannot be used for such dues. (AI Summary)
Author
Date 28 Mar 2026
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Pricing transparency in e-commerce demands tax-inclusive disclosure and mandatory packaging declarations, with strict compliance consequences for non-compliance.
E-commerce pricing and packaging in India require tax-inclusive pricing, mandatory product and importer disclosures, and full compliance with legal metrology, consumer protection, and GST obligations. Non-disclosure of inclusive pricing or missing packaging declarations may constitute strict liability non-compliance, unfair trade practice, misleading advertisement, and tax irregularity, exposing sellers and platforms to parallel civil, criminal, and regulatory consequences, including fines, seizure, consumer complaints, tax demands, and compliance action. (AI Summary)
Author
Date 28 Mar 2026
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Goods and Services Tax compliance updates cover portal procedures, appeals, pre-deposit linkage, cess registration and collection trends.
Goods and Services Tax developments include the fiscal and economic context of geopolitical disruption, the revised GDP series with FY 2022-23 as base year, CBIC's allocation of duties, simplified procedures for returning export cargo, extension of deferred duty payment, and portal-based compliance advisories. The article also covers SOPs for Health Security se National Security Cess registration and payment, GSTAT appeal filing requirements, pre-deposit linkage through DRC-03A, confirmation of the tax liability breakup in GSTR-3B, and February 2026 GST collection trends. (AI Summary)
Date 28 Mar 2026
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Energy security strategy reshapes India's import diversification, strategic reserves, and renewable transition amid global geopolitical shocks.
India's energy security strategy is shaped by the combined disruption of the Russia-Ukraine war and continuing instability in the Middle East, which have altered global oil and gas flows, intensified price volatility, and exposed the risks faced by energy-importing economies. A key feature of the response is diversification of energy imports, with India expanding procurement from multiple suppliers to reduce dependence on any single source and improve bargaining position in global markets. The article further describes a layered strategy built around Strategic Petroleum Reserves, renewable energy expansion, energy diplomacy, and domestic energy reform to reconcile growth with sustainability. (AI Summary)
Author
Date 28 Mar 2026
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GST evidence gathered in an allegedly invalid search can still support proceedings if relevant and fairly disclosed.
Proceedings under Section 74 of the CGST Act may continue on the basis of relevant material gathered during search and coordinated investigation, even where the search under Section 67 is alleged to be invalid or procedurally infirm. The governing test is the relevance and admissibility of the material, not the procedural perfection of the search through which it was obtained. Material collected by one Commissionerate or through multi-jurisdictional investigation may be relied upon by the proper officer issuing the show-cause notice, provided it is made available to the assessee and an effective opportunity to respond is afforded. (AI Summary)
Author
Date 27 Mar 2026
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Restaurant service classification under GST treats soft drinks and food as a single composite supply, not item-wise goods.
Restaurant service under GST is described as a composite supply in which food and drinks supplied for human consumption are taxed as a single service rather than as separate commodity items. The legal focus is on the supply made by the restaurant within the dining environment, not on whether a beverage is manufactured by the restaurant or purchased from a third party. Once supplied as part of the restaurant experience, items such as soft drinks are treated as integral to the service and are not to be isolated for item-wise tax classification. The commentary explains that the statutory framework supports a uniform tax treatment for food and non-alcoholic drinks supplied by restaurants. (AI Summary)
Date 27 Mar 2026
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Proper application of mind in GST adjudication requires real scrutiny of precedents, not reliance on fake or irrelevant citations.
GST adjudication orders that rely on non-existent, misquoted, wrongly attributed, or irrelevant judicial precedents may be vulnerable as orders passed without proper application of mind and in breach of natural justice. The article states that a quasi-judicial authority must independently examine the assessee's defence, identify the real controversy, and record reasons based on applicable law. Where substantive submissions are rejected by invoking fictitious or unrelated authorities, the adjudication may become a mechanical or non-speaking order. (AI Summary)
Author
Date 27 Mar 2026
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Limitation and electronic service demand timely compliance, as delayed notice or filing can become time-barred and ineffective.
Limitation-sensitive compliance and electronic communication require legal acts, service of notice, filing, payment, or other prescribed steps to be completed well before the deadline, because even slight delay may make the act time-barred, void, invalid, or ineffective. The text highlights that electronic records can establish exact times of signature, transmission, and receipt, and discusses tax notices through portals where service after the cutoff was treated as barred by limitation. It also notes a Supreme Court order dismissing a delayed challenge and not interfering with the High Court's view. (AI Summary)
Date 27 Mar 2026
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Business combination accounting under Ind AS 103 requires fair value measurement, goodwill recognition, and detailed disclosure for going concern acquisitions.
Ind AS 103 governs accounting for acquisition of a business as a going concern through the acquisition method, requiring identification of the acquirer and acquisition date, fair value measurement of identifiable assets and liabilities, and recognition of goodwill or bargain purchase gain. It also addresses consideration transferred, contingent consideration, non-controlling interest, acquisition-related costs, measurement period adjustments, common control combinations, consolidation under Ind AS 110, goodwill impairment under Ind AS 36, and required disclosures. (AI Summary)
Author
Date 27 Mar 2026
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Inverted duty structure refund cannot be denied merely because input and output supplies are taxed at the same rate.
Refund of accumulated input tax credit under Section 54(3)(ii) of the CGST Act cannot be denied merely because the input and output supplies are the same or taxed at the same rate. The statute does not require comparison of principal input and principal output tax rates, and CBIC circulars cannot curtail statutory entitlement. Circular No. 135/05/2020-GST was inapplicable once Circular No. 173/05/2022-GST removed the restrictive portion, and interest on delayed refund is payable under Section 56 after 60 days. (AI Summary)
Author
Date 27 Mar 2026
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Electronic credit ledger blocking under Rule 86A applies only to available input tax credit, not negative balances.
Rule 86A permits temporary restriction on debit from the electronic credit ledger only when input tax credit is actually available and the officer has recorded reasons to believe that the credit was fraudulently availed or ineligible. The rule is a provisional safeguard and does not authorise permanent recovery or negative blocking. Where credit has already been utilised or is not available in the ledger, Rule 86A cannot be invoked, and wrongful availment or utilisation must be addressed under the statutory recovery framework under Sections 73 and 74. (AI Summary)
Date 27 Mar 2026
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Customs value declaration rules target suspected undervaluation in identified imports through enhanced disclosure and verification requirements.
The Customs (Assistance in Value Declaration of Identified Imported Goods) Rules, 2023 create a targeted compliance framework for imported goods where undervaluation is suspected. They supplement the Customs valuation regime, apply only to goods specifically identified by the Board, and operate through a two-tier screening and evaluation process. Importers of identified goods must furnish enhanced value declarations, additional documents, and responses to queries, while the proper officer may seek clarification and proceed under the valuation rules if doubt remains. (AI Summary)
Author
Date 27 Mar 2026
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GST input tax credit transfer faces uncertainty in business restructuring, cross-State mergers, and registration cancellation rules.
Section 18(3) of the CGST Act permits transfer of input tax credit in cases of merger, demerger, amalgamation, sale, lease, or transfer of business, subject to transfer of liabilities, and Rule 41 provides the Form ITC-02 mechanism. However, business restructuring raises unresolved issues where operations are shifted across States, mergers involve different State registrations, or the transferor's GST registration is sought to be continued after NCLT approval. The article highlights judicial divergence, portal restrictions without statutory basis, and the need to distinguish between transferable IGST and CGST credit and State-specific SGST credit. (AI Summary)
Author
Date 27 Mar 2026
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Section 129 GST procedure demands timely notice, portal uploading, and personal hearing before detention proceedings can stand.
Proceedings under Section 129 of the GST Act must strictly comply with the prescribed notice, order, and communication requirements. Belated uploading of FORM GST MOV-09 on the GST portal without explanation, together with failure to meet Rule 142(5) and denial of personal hearing, undermines the validity of the detention proceedings. Discrepancies in the statutory forms and doubtful service of FORM GST MOV-07 and FORM GST MOV-09 further affect the procedural regularity of the action. (AI Summary)
Author
Date 26 Mar 2026
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Debit-freeze of bank account requires Magistrate's order, and territorial jurisdiction lies where the account is frozen.
Police authorities do not have power to debit-freeze a bank account directly under Section 94 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is confined to summons or written requisition for production of documents or other things. Any restraint over property must follow the statutory scheme of seizure under Section 106 and attachment under Section 107, with reporting to or orders from the jurisdictional Magistrate. A debit freeze cannot be continued indefinitely without an appropriate Magistrate's order. Territorial jurisdiction under Article 226(2) depends on where the material facts and legal injury arise. (AI Summary)
Author
Date 26 Mar 2026
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Charitable and religious trust administration: court directions, audit requests, trustee advice, and procedural limits under the Act.
The Charitable and Religious Trusts Act, 1920 enables interested persons to seek court directions concerning public charitable or religious trusts, including disclosure of trust particulars and audit of accounts, while allowing trustees to obtain opinion, advice, or directions on questions of management or administration. The Act regulates petitions, inquiry, notice, hearing, costs, and stays where related title or trust-existence disputes are pursued by suit, and it limits the Court's role by excluding title adjudication and barring petitions in specified circumstances. Its procedural framework incorporates relevant provisions of the Code of Civil Procedure, 1908, and no appeal lies from orders or opinions under the Act. (AI Summary)
Date 26 Mar 2026
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Additional depreciation and appellate claims may be admitted despite no revised return where procedural limits cannot defeat substantive tax entitlement.
Maintainability of a revenue appeal depends on the correct tax effect arising from the actual dispute, and not on erroneous or inflated figures in the appeal papers; if the properly computed tax effect is below the CBDT monetary limit, the appeal is liable to be dismissed in limine. Although the Assessing Officer cannot entertain a fresh claim except through a revised return, appellate authorities may admit and decide such claims to determine the correct taxable income, including correction of depreciation due to an opening written down value error and supported additional depreciation. (AI Summary)
Author
Date 26 Mar 2026
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Non-conventional energy sources offer cleaner LPG alternatives through biogas, DME, and solar power for energy security.
Non-conventional energy sources such as biogas, solar power, and dimethyl ether (DME) are presented as practical alternatives to LPG and conventional fossil fuels in the context of global energy shortages. Biogas can substitute for cooking and heating fuel in rural and semi-urban areas, DME can function as a near-equivalent LPG replacement with minor equipment modifications, and solar power can reduce reliance on grid-based electricity generated from coal, gas, or diesel. These alternatives are described as locally available, renewable, and capable of reducing dependence on imports while supporting energy security. (AI Summary)
Author
Date 26 Mar 2026