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Export of goods under GST depends on direct causation of cross-border movement, not mere export intention.
Under GST, a transaction is not treated as an export of goods merely because the goods ultimately leave India; the relevant inquiry is whether the particular supply directly occasions the movement of goods outside India. The distinction between a supply made with an export intention and a supply in the course of export turns on legal causation, privity of contract, and the contractual structure of the transaction, rather than on the commercial end result or the final destination of the goods. Where the supplier contracts only with an Indian intermediary and completes delivery in India, the supply is a domestic supply even if the intermediary separately exports the goods to a foreign buyer. (AI Summary)
Author
Date 25 Mar 2026
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GST communication rules require actual service before limitation starts; portal upload alone is not conclusive.
Uploading a show cause notice or adjudication order on the GST common portal does not by itself amount to effective communication for limitation under Section 107. The term "communicated" must be read with Section 169, and limitation begins only on actual or constructive communication recognised by the statute. Mere portal upload, even with email or SMS alerts, is not conclusive service in the absence of a statutory deeming fiction. Where both electronic and physical modes are involved, the date of physical communication may prevail unless earlier electronic service is proved. (AI Summary)
Author
Date 25 Mar 2026
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GST on supply, not settlements: arbitral award payments, refunds, and compensatory interest fall outside taxable supply.
GST applies only where there is a supply of goods or services or both made for consideration in the course or furtherance of business. Payments directed under an arbitral award, including amounts for outstanding invoices, price variation, refund of an encashed performance bank guarantee, and compensatory interest, are treated as settlements or corrections of prior contractual adjustments rather than fresh supplies. The article also states that transitional provisions and TDS provisions do not apply where the underlying payment is not linked to a taxable supply. (AI Summary)
Author
Date 25 Mar 2026
Replies 1 Reply
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Legal services exemption bars service tax on advocate-to-advocate firm services under binding notifications and reverse charge rules.
Legal services rendered by an individual advocate to a partnership firm of advocates were held not liable to service tax in view of Notification No. 25/2012-Service Tax and Notification No. 30/2012-Service Tax dated 20 June 2012. The exemption covered legal services provided by an individual advocate or partnership firm of advocates to an advocate or partnership firm of advocates, and the reverse charge notification prescribed nil service tax on such legal services. On that basis, the designated officer lacked jurisdiction to proceed with the demand. (AI Summary)
Author
Date 25 Mar 2026
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Natural justice in customs law requires fair notice, disclosure, hearing, and reasoned orders in adjudicatory proceedings.
Natural justice operates as a foundational fairness requirement in customs administration, particularly in quasi-judicial proceedings involving assessment, confiscation, penalties, classification, valuation, exemptions, and enforcement actions. The doctrine is applied in customs proceedings unless expressly excluded by statute, ensuring decisions are made transparently, impartially, and without arbitrariness. Fair hearing requirements include clear show-cause notice, disclosure of relied-upon material, reasonable time to reply, personal hearing, cross-examination where appropriate, and reasoned speaking orders. (AI Summary)
Author
Date 25 Mar 2026
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FEMA penalty discretion: maximum punishment under section 13 is not mandatory, and enhancement needs clear justification.
Section 13(1) of FEMA authorises penalty up to thrice the sum involved in a quantifiable contravention, but it does not prescribe either a fixed amount or a minimum amount of penalty. The article explains that the adjudicating authority must exercise discretion judiciously on the facts and evidence of each case, and that the maximum penalty is not mandatory. In the discussed case, the tribunal accepted that a lower penalty had been imposed after considering mitigating circumstances and declined to enhance it, noting that enhancement requires reasons and justification. (AI Summary)
Date 25 Mar 2026
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Extended Producer Responsibility for metal cans creates a mandatory recycling, registration, and reporting framework for non-ferrous metal waste.
Extended Producer Responsibility has been introduced for scrap of non-ferrous metals, creating a material-specific compliance framework for metal cans and related products. The regime covers aluminium beverage containers, food-grade tins, edible oil containers, and aerosol or refrigerant canisters, and shifts responsibility for environmentally sound management from municipal systems to Producers, Importers and Brand Owners. It requires compulsory registration, phased recycling targets, minimum recycled content, reporting, audits, and environmental compensation for non-compliance. (AI Summary)
Author
Date 25 Mar 2026
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Equitable interference in GST ex parte demands is unavailable when notices were missed through a chartered accountant's lapse.
Failure to respond to GST show cause notices because a Chartered Accountant did not communicate them does not, by itself, justify equitable interference with ex parte assessment orders passed under section 73. Where the taxpayer had linked GST registration to the Chartered Accountant's email address and remained non-responsive, the order is treated as passed in accordance with statutory procedure. A willingness to deposit part of the demand is not a ground to bypass the prescribed process or seek a fresh hearing. (AI Summary)
Author
Date 24 Mar 2026
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Employee liability under GST requires statutory preconditions; civil adjudication cannot be merged with criminal prosecution.
Penal liability under the CGST Act for company-level GST defaults is examined in relation to employees and authorised representatives, with emphasis on the limits of Section 122(1A) and Section 137. Employee liability cannot be fastened merely because a person is associated with compliance or business operations; the statutory conditions of being a taxable person, conducting the transaction at the person's instance, and retaining the benefit of the alleged fraudulent act are treated as essential prerequisites for penalty. The discussion also distinguishes civil tax adjudication under Section 74 from criminal prosecution under Section 137 and states that GST law does not recognise automatic vicarious liability of employees. (AI Summary)
Author
Date 24 Mar 2026
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Employees' contributions dispute turns on strict statutory interpretation, conflicting High Court views, and the relevance of Checkmate Services.
Employees' contributions to welfare funds are discussed as an area of conflicting High Court views, with the commentary noting a Supreme Court notice order and the need to consider the strict language of section 2(24)(x), section 36(1)(va) and the due date requirement. The article stresses the relevance of the Checkmate Services ruling, the importance of placing complete precedent history before the Court, and the possibility of reconsideration by a larger bench. It also records the view that, on one line of authority, timely payment before the section 139(1) due date supports allowance. (AI Summary)
Date 24 Mar 2026
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Sustainable AI development hinges on electricity, water, and infrastructure planning to balance growth with environmental and social costs.
India's AI expansion is framed as a major economic opportunity, but one constrained by electricity, water, land, connectivity, skilled human capital, and physical infrastructure needs. AI workloads and data centres are highly energy-intensive and cooling-intensive, creating pressure on power grids, fossil-fuel dependence, carbon emissions, groundwater depletion, and water stress in major urban hubs. The article also notes capital concentration, foreign technology dependence, e-waste, and regional inequality, and calls for green infrastructure, renewable energy, efficient cooling, decentralised deployment, stronger regulation, and domestic innovation. (AI Summary)
Author
Date 24 Mar 2026
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Consumer rights in electricity supply are widened through faster connections, time-of-day tariffs, solar metering reforms, and stronger grievance redressal.
Proposed amendments to the Electricity (Rights of Consumers) Rules, 2020 seek to strengthen consumer rights, improve service delivery, and align electricity regulation with renewable integration, smart systems, storage, and grid-balancing needs. The draft rationalises timelines for new connections, introduces Time-of-Day tariffs, creates safeguards against abnormal bills, reworks net metering and rooftop solar charging, enables storage requirements for larger prosumers, provides for demand response programmes, and standardises grievance redressal forums and digital complaint-handling mechanisms. (AI Summary)
Author
Date 24 Mar 2026
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Regular bail in fake input tax credit cases may follow prolonged custody, delayed trial, and limited maximum punishment.
Prolonged pre-trial custody, non-commencement of trial and absence of charge-framing may justify grant of regular bail even where allegations concern serious fake input tax credit fraud under the GST laws. The accused had remained in judicial custody for more than eight months as an under-trial prisoner, the prosecution had not yet progressed to trial, and the proceedings were not likely to conclude within a reasonable time. The offences were treated as magistrate-triable, with a maximum punishment of up to five years. (AI Summary)
Author
Date 24 Mar 2026
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Slump sale as going concern transfer carries capital gains, GST, labour, and stamp duty implications.
A slump sale is the transfer of an entire business undertaking or division as a going concern for a lump sum consideration, without separate valuation of individual assets and liabilities. The article explains that the transaction is generally treated as a capital gains event under the Income-tax Act, 1961, with gain computed by reference to sale consideration and net worth, while fair market value may be deemed in appropriate cases. It also notes that going-concern transfers may be exempt from GST and that the transaction can affect labour, environmental, property, intellectual property, company law, and stamp duty obligations. (AI Summary)
Author
Date 24 Mar 2026
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Intellectual property royalty under GST attracts the standard rate; reverse charge shifts liability, not the tax rate.
GST on royalty paid by a publisher to an author is a supply of intellectual property rights, properly classified under SAC 997334 for licensing of the right to reprint and copy manuscripts, books, journals and periodicals. Reverse charge mechanism shifts liability to the publisher but does not alter the nature of the supply or the applicable rate. The article states that the correct rate is 9% Central Tax and 9% State Tax, with no concessional 12% rate for such royalties, and that the September 2025 rate rationalisation did not change this position. (AI Summary)
Author
Date 23 Mar 2026
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GST registration restoration follows once tax dues are cleared and statutory revocation conditions are satisfied.
Cancellation of GST registration has civil consequences and requires observance of the hearing safeguard under Section 29. Where the taxpayer has cleared the entire tax liability, interest and penalty, and no GST dues remain outstanding, Section 30 read with Rule 23 of the CGST Rules, 2017 contemplates revocation of cancellation and restoration of registration. Continued cancellation despite satisfaction of these conditions is contrary to the statutory scheme. (AI Summary)
Author
Date 23 Mar 2026
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Tax recovery under GST law covers deduction, attachment, third-party notices, auctions, and liquidation-based enforcement mechanisms.
Recovery of tax dues under Section 79 of the CGST Act, 2017 operates through deduction of amounts owed to the defaulter, detention and sale of goods, recovery from third persons holding money for the defaulter, attachment and sale of movable or immovable property, assistance from the District Collector or Magistrate, execution of civil decrees, and recovery from companies in liquidation. The text also notes Rule 144A for sale of detained or seized goods or conveyances for recovery of penalty, together with prescribed notices, auctions, and related procedural forms. (AI Summary)
Date 23 Mar 2026
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Interest subvention for export credit now turns on UIN compliance, RBI norms, and stricter eligibility controls.
Amendments to the Interest Subvention Support Scheme under the Export Promotion Mission make export credit subsidy conditional on RBI-compliant lending, disbursement timing, product eligibility, and mandatory UIN generation. The scheme excludes subsidy for loans that become NPAs, caps aggregate benefit across multiple bank loans, requires online claim processing by banks, and limits subvention on early closure, top-up loans, and post-exclusion lending under the Positive List. (AI Summary)
Author
Date 23 Mar 2026
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Self-assessed tax recovery under GST applies only to admitted return liabilities, not disputed input tax credit claims.
Recovery under section 75(12) of the CGST Act is confined to unpaid self-assessed tax or interest clearly disclosed in a return furnished under section 39. Coercive recovery under section 79 cannot be used where the liability is disputed or where the Revenue alleges wrongful utilisation of input tax credit; such matters require adjudication under sections 73 or 74, preceded by notice, hearing and a quantified order before recovery is pursued. (AI Summary)
Author
Date 23 Mar 2026
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Restricted goods import compliance demands HS classification, DGFT licensing, NOCs, customs clearance, and strict end-use monitoring.
Import of restricted goods into India requires accurate HS classification, verification of restricted or controlled status, and compliance with sector-specific approvals, NOCs, end-use certificates, and DGFT licensing requirements. The process covers pre-shipment checks, customs clearance, post-import end-use monitoring, record retention, internal approvals, and special controls for SCOMET goods, second-hand machinery, and hazardous materials. (AI Summary)
Author
Date 23 Mar 2026