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Preferential tariffs depend on rules of origin and certified documentation to qualify goods for reduced import duties.
Preferential tariff eligibility depends on Rules of Origin-including Wholly Obtained, Substantial Transformation, Regional Value Content, and Change in Tariff Classification-applied through Certificates of Origin or authorised declarations and verified by customs at clearance, by post-clearance audit, or through cooperation with exporting authorities to prevent circumvention and ensure accurate entitlement to reduced duties. (AI Summary)
Author
Date 11 Dec 2025
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Free trade agreements depend on accurate origin verification and harmonized procedures to enable preferential trade.
FTAs rely on effective customs implementation to translate negotiated preferences into tariff concessions by verifying origin, preventing misuse, and preserving integrity. Rules of Origin compliance requires examination of certificates, post-verification checks, monitoring of product-specific requirements, and prevention of transshipment or mis-declaration. Customs must operationalize commitments via harmonized procedures, risk-based inspections, single-window systems, published advance rulings, electronic data interchange, and Authorized Economic Operator programs to balance facilitation with enforcement and enable predictable preferential trade. (AI Summary)
Author
Date 11 Dec 2025
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Customs show cause notice: preprinted waivers cannot replace the written notice, written representation and personal hearing required.
Section 128 requires three procedural safeguards before confiscation or penalty: a written notice of grounds (with specified officer approval), an opportunity to submit a written representation within a reasonable time, and a reasonable opportunity for personal hearing; oral notices are permitted only at the person's request. Routine use of pre printed waivers to dispense with these safeguards is inconsistent with natural justice, and cannot substitute for a conscious signed waiver plus an opportunity of hearing. (AI Summary)
Date 10 Dec 2025
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Tariff classification and customs valuation challenges threaten consistency with WTO rules while balancing revenue protection and trade facilitation.
Tariff classification under the Harmonized System faces disputes from technological change, ambiguous headings, and divergent interpretations across ports, causing inconsistency and potential WTO non compliance. Customs valuation follows the WTO preference for transaction value but is complicated by under invoicing concerns, related party transactions, use of valuation databases, and limited comparable data. Remedies proposed include technical training, wider use of advance rulings, improved data and risk systems, and stakeholder collaboration to harmonise practice and protect both revenue and trade facilitation. (AI Summary)
Author
Date 10 Dec 2025
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Indian seafood exporters face market openings as U.S. tariffs and China's reopening reshape demand in China and ASEAN.
U.S. tariff increases have redirected Asian seafood exports toward China and ASEAN while China's lifting of the Japanese seafood ban increases procurement demand and competition; Indian exporters can seize displaced demand by supplying Vannamei and black tiger shrimp, value added and sustainably certified products, provided they strengthen compliance with Chinese customs and health documentation, secure long term distributor contracts, invest in rapid freeze and processing capabilities, and diversify species offerings. (AI Summary)
Author
Date 10 Dec 2025
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Software copyright in India protects code expression but not functional elements, shaping licensing, trade secret and patent strategies.
Indian law treats computer programmes as literary works, protecting source and object code, documentation and creative user-interface elements while excluding ideas, algorithms, programming languages, data formats and purely functional modules. Rights include reproduction, adaptation, distribution, public communication and rental, but protection is constrained by the expression-function dichotomy to prevent monopolistic control over functional aspects. (AI Summary)
Author
Date 10 Dec 2025
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Fair dealing balances educational and critical uses with authors' rights, focusing on purpose, amount, market effect and transformation.
Fair dealing under the Copyright Act, 1957 is a purpose-specific, enumerated limitation permitting private study, criticism or review, reporting of current events, judicial or legislative reproduction and educational reproduction; courts first determine whether the dealing falls within these statutory purposes and then apply a fairness inquiry focused on purpose and character, amount and substantiality, market effect and nature of the work, with transformation, market substitution and availability of licensing as pivotal considerations. (AI Summary)
Author
Date 10 Dec 2025
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Well-known trademarks gain cross-class and online protection, but require strong evidence and face overprotection concerns.
Well-known trademarks under the Trade Marks Act and the 2017 Rules are determined by factors including public recognition, duration and geographic spread of use and promotion, enforcement history and commercial value, with trans-border reputation explicitly considered; the Registrar may declare marks well-known suo motu or on application, and protection extends across classes and into the digital sphere to prevent dilution, blurring, tarnishment and free-riding, subject to evidence-intensive determinations and concerns about overprotection and harmonisation between administrative and judicial tests. (AI Summary)
Author
Date 10 Dec 2025
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GST recovery: authorities must respect the statutory three-month protection before initiating coercive collection against taxpayers.
The article stresses that the statutory three-month protection after service of an order with demand is a mandatory safeguard allowing taxpayers to arrange finances, prepare appeals, seek legal advice, or apply for instalments, and that early recovery may proceed only where the proviso's procedural prerequisites-recorded written reasons showing expedience in the interest of revenue, specification of a shorter payment period, and high-level scrutiny-are strictly observed. (AI Summary)
Date 09 Dec 2025
Replies 3 Replies
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Re-imported exports: reverse all export benefits and notify to secure duty exemption under Notification 45/2017.
Re-imported goods qualify for duty exemption under Notification 45/2017 only if the exporter effects the full reversal of all export benefits claimed (such as duty drawback, IGST refunds, RoDTEP/RoSCTL credits and authorisation exemptions). The exemption is also subject to a prescribed re-import period and requires timely intimation and acknowledgement by the relevant regulatory authorities prior to clearance; failure to reverse any benefit, miss the return window, or omit required notifications will invalidate the exemption and lead to duty liability. (AI Summary)
Date 09 Dec 2025
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Profits from cricket betting treated as proceeds of crime when linked to predicate offences, and provisional attachments sustained.
Section 2(1)(u) of the PMLA covers property obtained directly or indirectly from criminal activity relatable to a scheduled offence, so profits from downstream activities such as illegal betting are traceable as proceeds of crime where they form the operative culmination of scheduled criminality. The material seized-turnover figures, settlements, documents, cash recoveries and the petitioner's role in distributing login IDs without KYC-supported a written reason to believe and justified provisional attachment as a protective measure; a show cause notice may be issued irrespective of prior attachment, with statutory remedies preserved. (AI Summary)
Date 09 Dec 2025
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Importer Exporter Code requirement: annual verification April-June; non update causes deactivation, blocking incentives and clearance, with instant reactivation after update.
IEC operates as a PAN based electronic Importer Exporter Profile issued after Aadhaar authentication and PAN verification; it is mandatory for import/export unless exempt. Every IEC holder must perform statutory annual updation during April-June (including a no change declaration) or face automatic deactivation. IECs may be modified online at any time and are reactivated immediately after required updation without penalty. Deactivation blocks access to DGFT authorisation schemes, export incentives, and may cause customs and banking delays. (AI Summary)
Author
Date 09 Dec 2025
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EPCG compliance: maintain monitoring, timely installation, and systematic EO tracking to secure redemption and avoid penalties.
Internal SOP for EPCG compliance designates an EPCG Compliance Officer and departmental roles, mandates an EPCG Compliance File and monitoring register recording EO value, duty saved, install by date and EO block deadlines, prescribes pre application checks (Nexus Certificate, HS codes, technical specs), import declaration practices, installation and CE inspection with Installation Certificate submission, monthly EO tracking via e BRCs and shipping bills, and procedures for EODC/redemption filing, record retention for ten years, internal audits and CAPA for non compliance. (AI Summary)
Author
Date 09 Dec 2025
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Monsooned coffee processing can be treated as taxable supply if done before finding a buyer.
Processing one's own goods before securing a buyer can constitute a self-supply that converts an intended zero-rated export into a taxable outward supply; classification under goods, services, composite or mixed supply and contemporaneous documentation determine whether zero-rating survives or tax, credit reversal and scrutiny will follow. (AI Summary)
Date 08 Dec 2025
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Digital personal data protection: Act imposes consent rules, fiduciary duties, breach notifications and hefty per instance penalties.
The Act regulates processing of digital personal data including digitised offline data and extraterritorial processing for services offered within the territory. It establishes a consent based framework with specified non consent grounds, grants rights of access, correction and erasure, requires pre collection notice, cybersecurity measures, breach notification, grievance mechanisms and DPO contact information, imposes enhanced obligations on Significant Data Fiduciaries (India based DPO, audits, DPIAs), and empowers a Data Protection Board to enforce a per instance penalty schedule and block non compliant platforms. (AI Summary)
Author
Date 08 Dec 2025
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EPCG Scheme: ensure valid authorizations, timely installation, accurate documentation and proactive DGFT communication and EO monitoring.
EPCG compliance requires valid EPCG Authorization, Nexus Certificate and matching HS codes, model numbers and specifications across all import and export documents; timely installation supported by a Chartered Engineer Installation Certificate and commissioning evidence; monthly and block wise monitoring and reconciliation of Export Obligation using export invoices, shipping bills and e BRCs before EODC/redemption; coordination among Import, Plant, Finance and DGFT teams; retention of EPCG records and adherence to SOPs; and prior DGFT approval for any sale, lease, relocation or change of installation address. (AI Summary)
Author
Date 08 Dec 2025
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EPCG compliance: maintain documentation, ensure timely installation and export fulfilment, and file EODC to prevent penalties.
EPCG authorisations require confirming capital goods are essential for export production, obtaining a Nexus Certificate listing model and specification details, and matching supplier invoices to the authorisation. During import, declare the EPCG number in the Bill of Entry, apply duty exemption notifications, and preserve original import and freight documents. Install machinery within prescribed timelines and submit an Installation Certificate; delay requires condonation. Maintain block wise export obligation records and supporting export documentation, and apply for EODC redemption before EO expiry with reconciled certificates and CA certification. (AI Summary)
Author
Date 08 Dec 2025
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GST registration cancellation upheld where no actual business existed and rental agreements were forged.
Cancellation of GST registration is valid where inspection shows no business at the declared premises and rental agreements are forged or inconsistent, permitting authorities under the CGST Rules to suspend and cancel registrations when there is reason to believe the registration is not genuine. (AI Summary)
Author
Date 06 Dec 2025
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EPCG Scheme requires nexus and installation certificates to validate duty-free capital goods and export obligations.
The EPCG Scheme requires a DGFT issued Nexus Certificate confirming direct linkage between imported capital goods and the export product, and an Installation Certificate attesting timely installation and functionality; DGFT nexus certification is conclusive and customs should defer to DGFT, while delayed or missing ICs impede redemption and can attract duty recovery, interest, confiscation and penalties unless DGFT permits corrective filings for bona fide, non mala fide cases. (AI Summary)
Author
Date 06 Dec 2025
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Goods and Services Tax appellate order invalid when issued without reasons; appellate authority must state points, decision and reasons.
An appellate order that reproduces case history without meaningful analysis fails the statutory requirement to state points for determination, the decision thereon and reasons; absence of such reasons severs the link between narrative and directive, renders the order void, and requires fresh consideration by the appellate authority on the merits, with the duty to address grounds of appeal persisting notwithstanding procedural defaults by the appellant. (AI Summary)
Author
Date 06 Dec 2025