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Emission intensity targets mandate tradable carbon credit compliance, with market issuance, banking, and doubled penalty pricing for non compliance.
The Rules notify emission intensity targets for obligated entities and prescribe compliance obligations including meeting targets, following the Scheme procedures, registering in the carbon market, submitting documentation (with baseline deeming for non submission), and addressing shortfalls by surrendering banked credits or purchasing certificates. They set formulas for issuance and purchase based on the intensity shortfall or outperformance multiplied by units of output, permit banking of credits, designate the Bureau to issue certificates and determine average traded prices, and impose an environmental compensation calculated at twice the average traded price, subject to procedural safeguards and directed utilisation of collected funds for the Scheme. (AI Summary)
Author
Date 18 Feb 2026
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Belated LUT filings are curable; procedural delay should not automatically bar zero-rated refund claims when exports are genuine.
Belated furnishing of Letter of Undertaking does not automatically disentitle exporters to refund of unutilised input tax credit; where exports are genuine and undisputed, the procedural requirement of prior LUT is curable and authorities must consider CBIC circulars permitting condonation and ex post facto acceptance before rejecting refund claims. (AI Summary)
Author
Date 17 Feb 2026
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Post-sale discount rule change: credit notes and input tax credit reversal now enable exclusion from taxable value.
Amendments permit exclusion of post-supply discounts from taxable value where the supplier issues a credit note under section 34 and the recipient reverses attributable input tax credit, removing the earlier requirement that post-sale discounts be established by a pre-supply agreement linked to invoices; section 34 is correspondingly amended to allow credit notes for such discounts while other credit-note conditions remain applicable. (AI Summary)
Date 17 Feb 2026
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Show cause notice under Section 74 unjustified when tax and interest are voluntarily paid; civil recovery principles apply.
Issuance of a show cause notice under Section 74 requires nonpayment or short payment by reason of fraud, wilful misstatement or suppression of facts; voluntary communication of liability and payment of tax with interest before any enforcement establishing fraudulent intent negates those ingredients, making the penalized Section 74 framework inapplicable and directing the matter to the civil recovery regime instead. (AI Summary)
Date 17 Feb 2026
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Export restriction on pharmaceutical-grade sugar requires restricted licensing and documentary compliance and authorization before international shipment.
Pharmaceutical-grade sugar is treated as a pharmaceutical excipient produced to pharmacopoeial monographs under Good Manufacturing Practices, requiring batch-wise analytical testing and a Certificate of Analysis. Customs classification follows chemical identity and physical form within the sugars chapter, with final determination by customs based on product specifications and documentation. Exports are subject to a restricted licensing regime requiring prior authorisation, pharmaceutical credentials, valid drug manufacturing licence, compliant laboratory reports, and prescribed declarations, with allocation and penalties governed by trade policy notifications. (AI Summary)
Author
Date 17 Feb 2026
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Decriminalisation of tax offences introduces graded punishments tied to monetary thresholds and a safe harbour for timely remittance.
Sections 477-479 have been amended to replace rigid custodial sanctions with a graded punishment regime linked to monetary thresholds and to substitute rigorous imprisonment with simple imprisonment. Section 477 penalises failure to remit tax collected at source but provides a safe harbour for timely deposit within the prescribed statement-filing timeline. Section 478 addresses wilful attempts to evade tax or payment, with definitional clauses covering false entries and omissions and preservation of concurrent civil penalties. Section 479 targets wilful non-filing of returns, linking prosecution risk to the revenue impact while distinguishing bona fide errors from deliberate concealment. (AI Summary)
Author
Date 17 Feb 2026
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Geographical Indication exclusion: festivals cannot be GIs, but creative works and festival branding can obtain IP protection.
Under Indian law festivals are excluded from Geographical Indication protection because the GI Act confines protection to goods whose quality or reputation is essentially attributable to a specific territory. However, festival-associated elements-original songs, choreography, pandal designs, sculptures, promotional materials and audio visual recordings-may be protected by copyright, while event names, logos, taglines and merchandising can receive trademark protection when used commercially; UNESCO recognition provides preservation and cultural acknowledgement but creates no proprietary rights. (AI Summary)
Author
Date 17 Feb 2026
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Transfer of unutilised ITC: statutory transfer mechanism bars refund by a transferor after amalgamation.
The statutory scheme governing amalgamation requires transfer of the transferor's entire unutilised ITC to the transferee through FORM GST ITC-02; the scheme does not contemplate encashment of residual ITC by the transferor as an alternative, and once the amalgamation becomes effective the transferor ceases to exist as a separate legal person, precluding post-amalgamation refund claims by the transferor. (AI Summary)
Author
Date 16 Feb 2026
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Decriminalisation of tax offences shifts to proportionate sentencing, graded penalties, and safe harbour for timely deposit of deducted tax.
The Finance Bill, 2026, proposes decriminalisation and proportional sentencing reforms in tax prosecution: replacing many instances of rigorous imprisonment with simple imprisonment, introducing fines as alternatives or additions, capping maximum terms, grading punishments by the magnitude of withholding defaults, providing a safe harbour for timely deposit of deducted tax, and excluding certain wholly in kind digital transactions from criminal prosecution, while preserving offences that require fraudulent intent or involve tampering with evidence. (AI Summary)
Author
Date 16 Feb 2026
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Real Estate Regulation: reconsider RERA's role after finding it aids defaulting builders and fails homebuyer protection.
The Supreme Court questioned RERA's current institutional form, observing that the authority appears to benefit defaulting builders rather than protect homebuyers, and urged States to reassess who gains from RERA's functioning and revisit the original purpose of the Real Estate (Regulation and Development) Act, 2016 to ensure transparency, timely project delivery, and effective buyer protection. (AI Summary)
Author
Date 16 Feb 2026
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Final fact-finding authority: appellate remand under Section 75(2) requires proper officer re determination when fraud is absent.
The Tribunal declares itself the final fact-finding authority and explains that when fraud under Section 74 is not established, Section 75(2) mandates re-determination by the proper officer by treating the matter as if a Section 73 notice were issued; appellate authorities cannot themselves convert Section 74 proceedings into Section 73 assessments and must remand for fresh adjudication, with contextual consideration of early GST filing constraints and protection for honest taxpayers. (AI Summary)
Date 16 Feb 2026
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Protection for bona fide buyers: suppliers' failure to remit tax alone cannot strip recipients of input tax credit.
A bona fide purchaser cannot be penalised under Section 16(2)(c) CGST absent findings that the transaction was collusive, fraudulent, or intended to evade tax; the Tripura High Court applied the ratio in Sahil Enterprises, set aside the adjudicating order, and directed restoration of input tax credit where no adverse finding on genuineness was recorded, cautioning that mere supplier default without an assessment of the buyer's bona fides does not justify depriving ITC. (AI Summary)
Date 16 Feb 2026
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Anti-smuggling strategy focused on tariff rationalization, inter agency intelligence, and WTO/WCO aligned customs modernization.
A comprehensive national anti smuggling strategy requires tariff rationalization and predictable trade policy, statutory updates to strengthen penalties and cross border operations, and regulatory modernization including advance rulings and pre arrival filing. Operational measures include integrated inter agency coordination via a National Anti Smuggling Coordination Platform, intelligence driven enforcement with AI risk engines and financial intelligence, and technology based border controls such as Non Intrusive Inspection and RFID cargo tracking. WTO and WCO alignment focuses on Trade Facilitation Agreement commitments, the WCO SAFE Framework, harmonized HS classification, and data interoperability to secure supply chains without obstructing legitimate trade. (AI Summary)
Author
Date 16 Feb 2026
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Protection of honest taxpayers: tribunal remands GSTR return differences for fresh scrutiny and reasoned adjudication.
GSTAT addressed GSTR 1 vs GSTR 3B differences by protecting honest taxpayers, finding that where full disclosure and tax payment exist, penalties under Section 74 require a proper hearing and intent analysis. Noting manual filing and COVID era errors, the tribunal remanded the case to the Learned Proper Officer under Section 73 to examine the genuineness of credit/debit notes and reconciliation documents and to pass a reasoned order; there shall be no orders as to costs. (AI Summary)
Date 16 Feb 2026
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Risk-based controls enable AI to prioritize inspections and expedite low-risk cargo while targeting high-risk consignments for inspection.
AI-enabled customs risk management uses machine learning, NLP, computer vision, network analysis and anomaly detection on integrated data-manifests, scanner images, seizure histories and OSINT-to generate dynamic risk scores that prioritize inspections, enable expedited clearance for low-risk consignments, and target high-risk shipments, while preserving human validation, auditability, and alignment with trade facilitation and supply chain security objectives. (AI Summary)
Author
Date 16 Feb 2026
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Selective appeal filing: recommend limiting SLPs/CAs to strong GST cases to avoid predictable litigation losses.
A review of ten Revenue-filed Special Leave Petitions/Civil Appeals under GST found seven dismissals and three partial modifications, revealing predictable litigation risk. The author recommends selective filing only in strong cases, treating reasoned High Court decisions as final in appropriate matters, and expediting full functioning of GST appellate benches nationwide to reduce writs and Supreme Court petitions. (AI Summary)
Date 14 Feb 2026
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Name rectification: identical corporate name elements deemed undesirable, requiring the respondent to adopt a distinct company name.
Section 16 provides that where a company's registered name is identical with or too nearly resembles a previously registered company's name or a registered trade mark, the Central Government may direct a name change, requiring an ordinary resolution and prescribed compliance; failing which the Central Government may allot a new name and the Registrar issue a fresh certificate. The High Court found the shared element "REFEX" to be prominent and identical in the competing names and treated the respondent's name as undesirable under the statutory test, setting aside the Regional Director's contrary order and directing name-rectification measures. (AI Summary)
Date 14 Feb 2026
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Mentor-led leadership promotes relationship-driven development and employee empowerment, transforming supervision into coaching for organisational agility.
The article advocates shifting from traditional managerial control to a mentor-led leadership model that emphasises trust-based relationships, development of thinking and problem-solving, employee autonomy, and vision over supervision. It prescribes competencies-active listening, coaching dialogue, growth mindset, emotional regulation and ethical influence-and operational measures including individual development conversations, empowered goal-setting, continuous constructive feedback and ownership through delegation, linking this approach to higher engagement, innovation, agility and succession readiness. (AI Summary)
Author
Date 14 Feb 2026
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Delayed reporting fee framework imposes structured charges for late returns, statements, audits, and certifications to enforce timely compliance.
Clause 83 substitutes Sections 427 and 428 to create a structured fee regime for delayed tax reporting: Section 427 imposes a uniform daily fee for late withholding tax statements and financial transaction reports with statutory caps to protect proportionality; Section 428 consolidates fees for late returns, late revised returns beyond an early window, failure to furnish audit reports, and delayed accountant certifications, using graded and income linked charges to incentivise timely compliance. All fees are payable before submission of the delayed documents and the regime takes effect from April 1, 2026. (AI Summary)
Author
Date 14 Feb 2026
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Ethical leadership as governance guardianship: align integrity with compliance to embed trust and organisational resilience.
Governance Guardianship places integrity, transparency, fairness, and top-down accountability at the centre of organisational decision-making, requiring leaders to align personal conduct with institutional values and to set clear, accessible processes for compliance and oversight. To operationalise these principles, leaders must cultivate a compliance culture, provide ethical literacy training, implement ethical risk management, strengthen internal controls and segregation of duties, and create safe, confidential reporting channels for early detection of wrongdoing. (AI Summary)
Author
Date 14 Feb 2026