Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
+ Post an Article
Post a New Article ✕
Title :
0/200 char
Description :
Max 0 char
Category :
Co Author :

In case of Co-Author, You may provide Username as per TMI records

Articles

Filter by Law ✕
Filter by Law
View Top Authors
Advanced Search ❮
Reset Filters
Search By:
Search by Text :
Press 'Enter' to add multiple search terms
Select Date:
From To
Category :
Sort By:
Relevance Date
Showing Results for : Reset Filters
Like 0 Bookmark
Customs sampling in the owner's presence is mandatory, and non-compliant samples cannot sustain seizure action.
Section 144 of the Customs Act, 1962 permits sampling of goods for examination, testing, valuation, or other statutory purposes only in the presence of the owner, and the sample may be restored or disposed of according to the Act. The discussion stresses that samples drawn in breach of this requirement are not authentic samples and cannot be relied on for seizure action. In the referenced dispute, conflicting laboratory reports and non-compliant sampling raised questions on reliability, leading to the view that the Department had not shown any valid authority to take samples in the absence of the importer. (AI Summary)
Date 30 Mar 2026
Like 0 Bookmark
Present-moment discipline for GST and accounting professionals strengthens focus, sound judgment, credibility, and work-life balance.
Present-moment discipline is presented as a practical professional habit for GST, tax, and accounting professionals working under deadlines, compliance demands, client expectations, and advisory responsibilities. The article explains that constant movement between past decisions and future concerns reduces focus, increases anxiety, and weakens current work, while present-focused attention improves accuracy, judgment, communication, and professional credibility. It also links this discipline with letting go of the past, maintaining purity of thoughts and purity of action, and protecting physical and mental well-being. (AI Summary)
Author
Date 30 Mar 2026
Like 1 Bookmark
Voucher characterisation under GST turns on substance over form, with discount schemes, services, and perquisites treated differently.
GST vouchers are instruments that carry an obligation to be accepted as consideration for the supply of goods or services and identify either the supply or the supplier. The central test is substance over form: if an instrument does not satisfy the obligation-to-accept requirement, or instead functions as a service, discount, or employee perquisite, it is not a voucher. The article distinguishes vouchers from separately identifiable services, discount coupons, loyalty points, and employee benefit structures by focusing on the rights created and the real nature of the transaction. (AI Summary)
Author
Date 30 Mar 2026
Like 0 Bookmark
GST refund framework governs excess tax recovery, export refunds, unutilized input tax credit, and unjust enrichment conditions.
GST refund covers excess or non-due tax, interest, penalty, fee, or other amount paid under the GST regime, including refunds linked to exports, zero-rated supplies, unutilized input tax credit, inverted duty structure, excess payment, deemed exports, provisional assessment, and specified special cases. The claim is generally filed within two years from the relevant date, supported by prescribed documents and forms, and is governed by the principle of unjust enrichment, under which refund is denied where the tax burden has been passed on to another person. (AI Summary)
Author
Date 30 Mar 2026
Like 0 Bookmark
GST recovery rules govern electronic intimation, multiple recovery modes, and auction sale of detained goods for unpaid penalty.
Recovery of dues under section 79 of the CGST Act, 2017 is implemented through multiple modes under the CGST Rules, including deduction from money owed, sale of goods or property, recovery from third persons, execution of decrees, attachment, recovery through land revenue or court, surety recovery, and liquidation-related recovery. Rule 142B requires electronic intimation in FORM GST DRC-01D for unpaid recoverable tax or interest, treats the intimation as notice for recovery, and permits further recovery if payment is not made within seven days. Rule 144A governs sale of detained or seized goods or conveyance for unpaid penalty under section 129(1). (AI Summary)
Date 30 Mar 2026
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 1 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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