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Restricted import compliance demands DGFT authorization, correct HS classification, sectoral clearances, and strict end-use controls.
Restricted goods may be imported into India only through a layered compliance framework under the foreign trade regime. The governing structure distinguishes free, restricted, and prohibited imports, with restricted goods requiring prior authorization based on policy classification, sectoral sensitivity, national security concerns, environmental safeguards, public health, or strategic considerations. Importers must identify the correct ITC (HS) code, obtain an Import Export Code, and assess whether the goods fall within SCOMET or any other controlled category. Restricted import approval ordinarily involves an import licence or authorisation issued by DGFT, together with any required NOCs, technical approvals, end-use certificates, industrial licence requirements, BIS certification, or Chartered Engineer certification depending on product type. (AI Summary)
Author
Date 23 Mar 2026
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Input tax credit availability: ISD distribution required only after statutory conditions for ITC are satisfied, not on invoice issuance.
Distribution of credit by an ISD is triggered only when input tax crystallises into input tax credit (ITC) after fulfilment of statutory prerequisites, and not simply upon issuance or receipt of the underlying invoice. The phrase "input tax credit available for distribution in a month" must be read as ITC that has become available after all conditions for availing credit are met; subordinate rules imposing same month distribution cannot be read to override those statutory conditions where the parent statute did not empower a temporal mandate for the relevant period. (AI Summary)
Author
Date 21 Mar 2026
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Work-life balance: adopt the 8-8-8 daily partition to protect wellbeing, focus, and sustainable professional performance.
The article urges GST professionals to adopt the 8-8-8 time-allocation-eight hours work, eight hours sleep, eight hours personal life-as a practical, historically grounded framework to preserve professional effectiveness and personal wellbeing; work hours should be disciplined for focused productivity, sleep treated as essential capacity-building, and personal time protected for relationships and self-care, with the rule applied flexibly as a guiding principle rather than a rigid timetable. (AI Summary)
Author
Date 21 Mar 2026
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Documentation accuracy and correct HS classification prevent customs delays and protect export incentives and payments.
Export compliance for Indian exporters requires mandatory registrations (IEC, GST with LUT, AD Code) and strict document consistency-invoice, packing list, HS code and shipping bill-to prevent customs delays, penalties, and loss of export incentives. Secure payment terms (LC or advance), adherence to FEMA/RBI realisation/reporting rules, product-specific licenses (FSSAI, CDSCO, phytosanitary), marine insurance, correct Incoterms allocation, and coordination with experienced CHAs and freight forwarders are key practical measures to mitigate shipment, payment, and regulatory risks. (AI Summary)
Author
Date 21 Mar 2026
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Seizure of cash in GST searches is unlawful where not stock in trade, requiring return or refund to the taxpayer.
The GST search and seizure regime targets goods liable for confiscation, with statutory limits on retention, rights to copy seized documents and inventorying; money excluded from goods cannot be treated as goods for seizure absent evidence it forms part of stock in trade or represents proceeds, and courts have repeatedly found seizures or coercive cash collections unlawful where procedural or evidentiary thresholds were not met, recognising remedies including return, refund or compensation. (AI Summary)
Date 21 Mar 2026
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Export compliance checklist ensuring documentation, customs filings, GST and foreign exchange reporting for secure shipments.
Export shipments require a structured compliance workflow across pre shipment, shipping/customs, and post shipment stages. Key pre shipment tasks include maintaining an active Import Export Code, GST registration, bank AD arrangements, buyer due diligence, clear Incoterms and export licences or certifications. The shipping phase requires GST procedural steps (including filing a LUT when applicable), electronic customs filing of the shipping bill, use of digital signatures, port clearance and obtaining transport documents and certificates. Post shipment obligations include payment tracking, obtaining FIRC/BRC, foreign exchange reporting, GST filings and incentive claims, and a final internal audit to ensure documentary consistency and compliance. (AI Summary)
Author
Date 21 Mar 2026
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Inter-State Input Tax Credit transfer upheld despite GST portal limits, affirming statutory supremacy and seamless credit flow.
Inter State transfer of unutilised Input Tax Credit pursuant to business amalgamation is not subject to a territorial restriction under the statutory provision permitting transfer, and a technological constraint in the GSTN portal that requires both registrations to be within the same State constitutes a non statutory imposition; administrative or portal limitations cannot override substantive statutory entitlement and alternative mechanisms must be provided to effect the prescribed transfer. (AI Summary)
Author
Date 20 Mar 2026
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Input Tax Credit denial cannot bar bona fide purchasers absent fraud, collusion, or non bona fide conduct.
ITC cannot be denied to a bona fide purchasing dealer solely because the supplier failed to deposit the tax collected where proceedings are under non fraud provisions and there is no finding of fraud, collusion or non bona fide conduct; the court read down the statutory deposit condition to prevent imposing an impossible burden on innocent purchasers and set aside the demand order restoring the purchaser's ITC. (AI Summary)
Author
Date 20 Mar 2026
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Limitation applicable to arbitration under MSME Act makes time-barred claims subject to limitation in arbitral proceedings.
Conciliation under Section 18(2) of the MSME Act is not rendered subject to the Limitation Act and may produce a contractual settlement to recover time-barred claims, while arbitration under Section 18(3) is deemed equivalent to arbitration pursuant to an arbitration agreement and thereby attracts the Limitation Act by application of the Arbitration and Conciliation Act as incorporated by the MSME statute. (AI Summary)
Date 20 Mar 2026
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Export compliance: mandatory registrations and documentation secure lawful cross border supply and access to export incentives.
Export from India requires mandatory core registrations-Import Export Code, PAN and GST-alongside an Authorized Dealer code and compliant bank account for foreign currency receipt. Exports are effected through customs filings on ICEGATE with shipping bills, digital signatures and electronic document uploads; services require Softex reporting and FIRC. Tax procedures permit export under a Letter of Undertaking to avoid IGST, supported by GST filings and refund claims, while export incentives and product specific certifications are conditional on statutory compliance and realization reporting. (AI Summary)
Author
Date 20 Mar 2026
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Prolonged incarceration and completed investigation justify regular bail where no antecedents and limited statutory punishment apply.
Prolonged incarceration, completion of investigation, absence of criminal antecedents, and the limited maximum punishment under Section 132 of the CGST Act support grant of regular bail. The court noted the charge-sheet had been filed, the accused had no prior antecedents, and the evidence in such GST prosecutions is often documentary; accordingly, the petitioner was ordered released on bail subject to bond, sureties and conditions including appearance, non-tampering with evidence, passport surrender and location sharing. (AI Summary)
Author
Date 20 Mar 2026
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BTT procedure for returned export cargo restores goods to domestic circulation while ensuring reversal of export incentives.
The Back to Town (BTT) mechanism governs returned export cargo: exporters must apply to the Assistant/Deputy Commissioner with documentary proof of repayment or suspension of export incentives and IGST treatment. Conditional BTT permission triggers electronic movement orders; seal integrity determines direct release or diversion to CFS for escort, 100% examination, and resealing. LCL consignments must be routed to originating CFS; inter-station movements require NOC from the originating Customs station or a BTT NOC from JNCH, and final cancellation of LEO and Shipping Bills is handled manually until system enablement. (AI Summary)
Author
Date 20 Mar 2026
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Adjudication beyond show cause notice breaches Section 75(7), making such orders unsustainable while allowing fresh proceedings.
Adjudication that proceeds on a basis not disclosed in the show cause notice infringes the statutory limit on issues that may be finally determined and cannot sustain a demand. The statutory principle in Section 75(7) requires that no demand be confirmed on grounds other than those specified in the notice; converting a matter about proportional reversal of input tax credit into a determination of product classification thus travels beyond the notice and is procedurally defective. (AI Summary)
Author
Date 19 Mar 2026
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Registrar power limits: District Registrar cannot cancel registered deeds; civil courts determine validity where fraud is alleged.
District Registrar's supervisory authority under the Registration Act is confined to superintendence, control and rectification of clerical or book errors apparent on the record; it does not include power to cancel or nullify registered deeds or to adjudicate competing civil rights. Allegations of fraud must be pleaded and proved in the appropriate civil or criminal proceedings, and registrars may only intervene where fraud is manifest on the face of the record; otherwise determination of validity or extinguishment of title lies with the civil courts. (AI Summary)
Date 19 Mar 2026
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Fraud or wilful misstatement requirement for extended GST proceedings prevents Section 74 action absent recorded evidence.
Proceedings under Section 74 require recorded, evidence-supported allegations of fraud, wilful misstatement or suppression of facts to confer jurisdiction; absent such findings, Section 74 action is without jurisdiction. The court held that adverse inference from non-production of toll receipts was unjustified where tax invoices, e-way bills, transporter ledgers, bilty, banking payments and GST returns were on record and undisputed, and that circular trading allegations lacked material. State GST jurisdiction must be established; in this case impugned orders under Section 74 were quashed. (AI Summary)
Author
Date 19 Mar 2026
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Input tax credit reversal confirmation: recipient certificate documents ITC reversal for credit notes and annexure details for compliance.
Certificate confirming that the recipient has reversed Input Tax Credit attributable to credit notes issued for post supply discounts and/or sales returns, with an annexure listing each credit note, taxable value, tax components, original invoice references, reversal document and month of reversal. It records that the prior requirement for a practising accountant's certificate as evidence has been withdrawn, includes an authorised signatory attestation, and is intended to document compliance with statutory ITC reversal mechanisms for supplier verification and audit support. (AI Summary)
Author
Date 19 Mar 2026
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Retrospective GST registration cancellation requires prior proposal in the show cause notice, disclosure and a reasoned order.
Retrospective cancellation of GST registration requires a specific proposal for retrospective effect in the show cause notice, disclosure of documents relied upon by the authority, and a reasoned, speaking cancellation order demonstrating application of mind; absence of any of these elements violates principles of natural justice and renders the cancellation process unsustainable. (AI Summary)
Author
Date 19 Mar 2026
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OIDAR taxation: expanded GST scope and foreign-supplier liability ensure destination-based tax on cross-border digital services.
The statutory definition of OIDAR under Section 2(17) focuses on services delivered by information technology over the internet, covering advertising, cloud services, streaming, e-books, software, data provision, digital storage and online gaming; the Finance Act, 2023 removed the requirement of "essentially automated and involving minimal human intervention," expanding scope. Section 14 shifts IGST liability to foreign suppliers for non-taxable online recipients, with simplified registration; Section 13(12) deems recipient location where any two non-contradictory indicators (address, card issuance, billing address, IP, bank location, SIM country code, fixed line) point to the taxable territory. (AI Summary)
Author
Date 19 Mar 2026
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Allocation of goods and services for GST upheld, requiring a uniform effective rate on solar power plant contracts.
The article explains that the government prescribed a uniform 70:30 allocation of supplies to goods and services for solar power plant contracts to standardise GST incidence, describes three operational allocation routes used by developers and auditors, and notes a judicial direction to complete reassessment by applying the uniform effective rate on gross consideration derived from that allocation. (AI Summary)
Date 19 Mar 2026
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Tax Recovery through third party notices and bond enforcement enables collection from debtors and property under GST.
Section 79 authorises recovery of GST dues by multiple modes - including deduction from monies owed, seizure and sale of goods, detention of property, third party notices to persons holding funds for a defaulter, and recovery through district collectors or magistrates - and binds noticees to pay unless they satisfactorily prove the funds are not due to the defaulter. It further permits enforcement against bonds or instruments permitting such recovery and requires apportionment of amounts recovered between Central and State Governments in proportion to the dues. (AI Summary)
Date 19 Mar 2026