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Repairs replacing minor parts and share-transfer/listing fees qualify as revenue deductions, not capital outlays.
Minor replacements of parts or effluent pipeline components that do not create a new plant or replace the whole are revenue expenditure under repairs and maintenance principles and deductible as general business expenditure; apply the enduring benefit and independent-asset replacement tests. Professional fees for share transfers, capital reconciliation/audit and listing of existing equity are business/compliance costs and treated as deductible ordinary business expenditure, distinct from capital costs associated with fresh issues of share capital. (AI Summary)
Author
Date 27 Dec 2025
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GST assessments include self-assessment, provisional, scrutiny, best judgement and urgent summary assessments with bonds, notices, and approvals.
Assessment under GST is categorised into procedural types: Self-Assessment requires taxpayers to determine and pay tax through prescribed returns; Provisional Assessment allows payment subject to bond and security where value or rate is uncertain, with later final adjustment; Scrutiny Assessment permits officer examination of returns and issuance of notices for discrepancies; Best Judgement Assessment enables officers to estimate liability where taxpayers fail to file or are unregistered; Summary Assessment permits immediate assessment with higher authority approval in urgent cases, with subsequent rights to challenge or seek withdrawal. (AI Summary)
Author
Date 26 Dec 2025
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Zero rated supplies to SEZ require SEZ officer endorsement for refund claims from 01/10/2023; export duty bars refunds from 01/11/2024.
From 01/10/2023 the statute requires supplies to be for authorized operations of the SEZ and endorsement by the SEZ officer becomes necessary where the supplier claims refund of IGST or ITC; a further amendment (from 01/11/2024) disallows refund where such supplies are subject to export duty. Prior to 01/10/2023 endorsement was not universally required and no endorsement is required where no refund is sought and ITC is simply utilised in business. (AI Summary)
Date 26 Dec 2025
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Intent change in GST can trigger ITC reversal when inputs shift from taxable to exempt or non-business use.
Intent change in GST occurs when inputs or services originally claimed for Input Tax Credit are subsequently used for exempt, non-business, personal use, written off, or permanently transferred, triggering mandatory ITC reversal and adjustment under Sections 16 and 17, Rules 42 and 43, and deemed-supply rules; annual recalculation and tagging of disposals are practical compliance steps, while penalties depend on mens rea though reversal and interest arise from changed use irrespective of intent. (AI Summary)
Author
Date 26 Dec 2025
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Rebate under section 87A applies against tax on long term capital gains from debt instruments when not barred by section 112A.
The Tribunal construed s.112A(6) as limiting the s.87A rebate bar to long term equity capital gains described in s.112A(1)(ii), finding no bar to claiming s.87A against tax on long term debt capital gains governed by s.112; it directed recomputation of tax payable so the mandatory s.87A rebate applies against tax on such debt LTCG where overall tax exceeds the rebate threshold. (AI Summary)
Date 26 Dec 2025
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Indian economic growth and GST changes: tobacco excise revised, new security-health cess, and smarter credit-note handling.
Two Acts amend indirect-tax treatment of specified goods and production processes: the Central Excise (Amendment) Act, 2025 revises central excise duty rates on tobacco and tobacco products to maintain tax levels alongside GST and compensation cess; the Health Security and National Security Cess Act, 2025 levies a cess on machinery or processes used to manufacture specified goods (initially pan masala), directing proceeds to the Consolidated Fund for national security and public health and prescribing levy, calculation, administration, audit and appeal mechanisms. GST administrative updates include a 31 December filing deadline and an IMS upgrade requiring recipient confirmation to determine ITC reduction upon credit-note acceptance. (AI Summary)
Date 26 Dec 2025
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GST notices must be based on transaction-level evidence, not merely income-tax raid material or AI-generated orders.
GST demands must be founded on independent, transaction-specific evidence - invoices, e-way bills, GSTR filings and ITC trails - and not mechanically on income-tax search material. Adjudicating authorities must exercise independent application of mind, read taxpayer replies, and record reasoned satisfaction; AI or templated orders may assist research but cannot substitute human decision-making. (AI Summary)
Author
Date 26 Dec 2025
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Telecom cyber security rules require centralized mobile number validation and impose telecom style obligations on non telecom platforms.
The Amendment mandates a Centralised Mobile Number Validation platform and designates non telecom digital service providers as Telecommunication Identifier User Entities subject to telecom style cyber security, data integrity, reporting, and cooperation obligations. It strengthens IMEI regulation through prohibition of duplicated or tampered IMEIs, a central IMEI blacklist, and mandatory IMEI scrubbing by resale and refurbishment dealers, and it empowers the Government to suspend or disconnect telecom identifiers without prior notice for security, safety, cybercrime prevention, or network integrity concerns. (AI Summary)
Author
Date 26 Dec 2025
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Cheque dishonour: the statutory demand notice must state the exact cheque amount or the notice is invalid.
The document stresses that a written demand preceding a criminal complaint for cheque dishonour must expressly demand the identical amount shown on the dishonoured cheque; any variance in the amount-whether typographical or claimed inadvertence-renders the notice invalid. Ancillary claims (interest, costs) may be severed if the cheque amount is clearly specified, but failure to state the same amount as the cheque defeats the statutory precondition and vitiates proceedings. (AI Summary)
Date 24 Dec 2025
Replies 4 Replies
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GST transitional credit: imposing a 12 month invoice limit on first stage dealers disrupts pass through and risks double taxation.
Section 140(3)(iv) imposes a 12 month invoice age restriction on transitional ITC; applying this manufacturer style time bar to first stage dealers is new and retrospective, disrupts the pass through of duty embedded in pre GST stock, risks double taxation, and lacks a rational nexus to transition objectives. The restriction improperly imports Rule 4(7)'s one year limit (meant for manufacturers/service providers) onto dealers, and accrued credit that has satisfied statutory conditions should be treated as a vested right not arbitrarily extinguishable. (AI Summary)
Author
Date 24 Dec 2025
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GST return scrutiny applies only to filed returns; officers use ASMT notices; 30-day reply and online process.
Section 61 permits scrutiny only of filed GST returns to verify correctness and notify discrepancies; no return, no scrutiny, and no power to issue a filing notice. Where returns are absent, section 62 enables best judgment assessment. Scrutiny operates online, with a 30-day reply period for discrepancy notices. Time limits for issuing notices and orders follow the limitation regime in section 73 and CBIC timelines. Rule 99 requires forms ASMT-10, ASMT-11 and ASMT-12 for the scrutiny process, and section 61(3) allows month-specific corrective measures when discrepancies are accepted. (AI Summary)
Date 24 Dec 2025
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Importer Exporter Code is PAN linked and requires yearly April-June verification to avoid automatic deactivation.
IEC is a PAN linked digital importer exporter profile issued instantly after Aadhaar e authentication; holders must complete online PAN, Aadhaar, GST and bank validations and perform mandatory annual updation every April-June (or immediate updates on material changes). Non updation triggers automatic deactivation, blocking eligibility for export incentive schemes and may delay customs and banking processes; reactivation is permitted upon completion of required updation without penalty. (AI Summary)
Author
Date 24 Dec 2025
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India tax reform: Assessment Year replaced by Tax Year and AI-driven mismatch notices shift compliance duties.
The Income Tax Act, 2025 abolishes the Assessment Year and adopts a single Tax Year from April 1, 2026, changing the temporal basis for taxation. Enforcement increasingly uses algorithmic cross checks via the Annual Information System, producing automated mismatch notices-notably AI misclassification of unlisted share capital gains as business income due to TDS code confusion-that taxpayers must correct through the portal. The regime shifts from Taxation by Declaration to Taxation by Confirmation, raising compliance priorities around reconciling filings with government data. (AI Summary)
Author
Date 24 Dec 2025
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Cold-chains expansion could boost farmer incomes, cut post harvest losses, increase exports, and create rural jobs by 2035.
Expansion of cold-chain infrastructure to 70-80% coverage by 2035 is projected to reduce distress selling and quality degradation, enabling farmers to access distant markets and premium grades, producing aggregate rural income uplift estimated between Rs.1.6-4.5 lakh crore annually and household income increases that vary by commodity class. (AI Summary)
Author
Date 24 Dec 2025
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GST proceedings may use IT search material after independent scrutiny, but IT presumptions and AI generated judgments cannot be directly relied upon.
Statutory presumptions arising from Income Tax search provisions are confined to Income Tax proceedings and cannot be directly applied as conclusive evidence in GST proceedings; GST authorities may independently scrutinize and rely on IT search material to issue show cause notices, but such material has no automatic evidentiary value and subject to rebuttal and procedural safeguards, and departments must verify citations rather than rely on AI generated or fake judgments. (AI Summary)
Author
Date 23 Dec 2025
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Apportionment of spousal non-salary income under community property: TDS credit follows PAN unless apportioned and declared by spouse.
Under the community property regime governed by the Portuguese Civil Code, non-salary income of spouses is apportioned equally and each spouse must report the apportioned share and associated TDS. TDS recorded under a spouse's PAN should not be denied by an ordinary TDS matching rule that does not recognize community-property apportionment; salary TDS remains exclusive to the salary recipient. Tax authorities must verify both spouses' returns and allow credit consistent with apportionment and reported returns. (AI Summary)
Date 23 Dec 2025
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Cold-chains with subsidies, collective storage, and energy-efficient tech boost rural incomes and link farms to higher-value markets.
Expansion of cold-chain infrastructure, supported by government schemes and capital-cost subsidies (often 30-50%) for rural and collective entities, is presented as the principal mechanism to reduce perishable post-harvest losses, extend shelf-life, and link producers to higher-value urban and export markets. Key enablers are shared cold-storage models, institutional support for FPOs/cooperatives, solar and energy-efficient refrigeration, IoT-enabled monitoring, and improved refrigerated logistics and rural-urban connectivity. Policy steps recommended include scaling decentralized micro cold-stores, targeted financial incentives, farmer training, and streamlined institutional support to translate capacity into market access. (AI Summary)
Author
Date 23 Dec 2025
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GST construction ITC: construction for commercial renting is not "on his own account" and should qualify for input tax credit.
Construction undertaken to generate taxable outward supplies-particularly customised buildings designed for renting or leasing-does not constitute construction "on his own account" and therefore should not be excluded from Input Tax Credit; the amendment to "plant and machinery" does not remove the "on his own account" qualification, and denying ITC on such construction embeds tax into downstream prices contrary to GST neutrality. (AI Summary)
Date 23 Dec 2025
Replies 6 Replies
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Statutory compliances for mining require pre-operational permissions and ongoing safety, environmental, reporting and audit obligations.
Mining operations in India are subject to a layered statutory regime requiring pre-operational permissions (mine opening permission, approved mining plan, Environmental, Forest and Wildlife clearances, Consent to Establish/Operate, explosives and groundwater permissions) and ongoing compliance across safety, environmental, mineral-conservation and labour domains. Obligations include daily safety logs, monthly and annual returns to DGMS, IBM and pollution control authorities, mandatory audits and inspections, and reporting; non-compliance leads to suspension of operations, fines, prosecution and other administrative restrictions. (AI Summary)
Author
Date 23 Dec 2025
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Input Tax Credit declared in GSTR-9 cannot be summarily rejected if missed in GSTR-3B; authority must give reasons.
An appellate authority may not dismiss an IGST Input Tax Credit claimed in annual return GSTR-9, though omitted in monthly GSTR-3B, without specifying missing documents or explaining why the GSTR-9 claim cannot be offset against CGST and SGST demands under proceedings arising from Section 73; the matter requires fresh, reasoned adjudication addressing entitlement, documentary support, and offset mechanics. (AI Summary)
Author
Date 22 Dec 2025