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 1 Bookmark
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
Like 0 Bookmark
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
Like 1 Bookmark
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
Like 0 Bookmark
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
Like 1 Bookmark
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
Like 1 Bookmark
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
Like 1 Bookmark
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
Like 1 Bookmark
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
Like 1 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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
Like 0 Bookmark
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