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
Goods and Services Tax: CBIC assigns proper officers and monetary thresholds for determination, re-determination and penalty proceedings.
The Board assigns proper officers-Additional/Joint Commissioner, Deputy/Assistant Commissioner and Superintendent of Central Tax-to exercise powers for the tax-determination mechanism, penalty-only proceedings and pre-SCN consultation, and establishes value-tiered monetary thresholds for competence based on the combined central and integrated tax amount, excludes penalties from computation, requires escalation and corrigenda where later statements raise demands above original competence, and designates the original adjudicating authority for re-determination when fraud allegations fail. (AI Summary)
Author
Date 01 Feb 2026
Like 0 Bookmark
Goods and Services Tax: provisional 90% refunds extended to inverted duty refunds and export threshold removed.
Requirements for post-sales discount credit notes and agreement linkage have been removed. Provisional refunds up to 90% are statutorily extended to inverted duty structure refunds. The Rs. 1,000 minimum threshold for refunds on exports with payment of tax is eliminated. Place of supply for intermediary services is shifted to the recipient's location. Existing advance-ruling authorities, including tribunals, are empowered to act as the National Appellate Authority for Advance Ruling pending its constitution. (AI Summary)
Author
Date 01 Feb 2026
Like 1 Bookmark
Budget 2026 proposes sweeping income tax reform, TDS/TCS rationalisation, digital compliance and decriminalisation of many tax defaults.
The Budget tightens fiscal deficit while raising CapEx and introduces a new Income tax Act effective 1 April 2026 with simplification and retained personal slabs. It implements broad TDS/TCS rationalisation (uniform 2% on overseas tour packages and assorted rate changes), procedural digitalisation for nil/lower TDS certificates and depository-based no TDS declarations, clarifies jurisdiction for section 148/148A notices, and provides reliefs (MACT interest exemption, timing of employee contribution deduction). Enforcement is recalibrated: technical defaults are fees, many defaults decriminalised, penalties rationalised, updated/revised return rules relaxed, and FAST DS and expanded immunity schemes introduced. (AI Summary)
Author
Date 01 Feb 2026
Like 0 Bookmark
Postal exports now qualify for electronic export incentives via ICES integration, ICEGATE registration, and E Sanchit documentation uploads.
The amendment enables electronic incentive claims for postal exports by integrating the Department of Posts DNK portal with customs ICES and mandating ICEGATE registration, expanded PBE III/PBE IV data fields, and upload of supporting documents to E Sanchit, thereby allowing DBT disbursal of Duty Drawback, RoDTEP and RoSCTL for postal consignments while preserving the manual drawback route under Rule 12. (AI Summary)
Author
Date 01 Feb 2026
Like 0 Bookmark
Budget 2026: STT and TCS adjusted, buybacks taxed as capital gains, TDS on NRI property sales, ITR deadlines revised.
Budget 2026 increases STT rates for futures and options, taxes all share buybacks as capital gains, mandates TDS by resident buyers on NRI immovable property sales, allows depositories to accept Form 15G/15H for multiple companies, limits Sovereign Gold Bond capital gains exemption to original subscribers who hold to maturity, disallows interest deductions related to dividend or mutual fund income, revises TCS rates for overseas packages and LRS payments, grants one-time relief for small foreign investments, and extends and fees revised-return timelines with redesigned ITR forms. (AI Summary)
Date 01 Feb 2026
Like 0 Bookmark
Budget 2026: revised income-tax filing timelines, single tax-year framework, and lower TCS on travel and education.
Budget 2026 revises filing deadlines (ITR-1/ITR-2: July 31; non-audit entities and trusts: August 31), extends the revised-return window to March 31 for a nominal fee, and introduces a six-month foreign asset disclosure scheme. A new Income Tax Act framework effective 1 April 2026 creates a single tax year, simplifies rules and forms, and allows TDS refunds even after late ITR filing without penalties. Additional measures include exemption of Motor Accident Claims Tribunal interest from income tax, reduced TCS on overseas travel and education remittances to 2%, and tariff changes affecting various imported goods. (AI Summary)
Date 01 Feb 2026
Like 0 Bookmark
Budget 2026 expands PROI investment limits, ramps public capex, and funds infrastructure, industry, and green technologies.
Budget 2026 advances fiscal and sectoral measures to promote inclusive growth, raising public capital expenditure to Rs.12.2 lakh crore and allocating funds to the semiconductor mission, CCUS, container manufacturing and MSME growth. It proposes infrastructure projects including high speed rail corridors and an east-west freight corridor, and sectoral support for textiles, Khadi and handloom. The Budget proposes allowing Persons Resident Outside India (PROI) to invest in listed equity through the Portfolio Investment Scheme and raising the PROI investment limit from 5% to 10%. (AI Summary)
Date 01 Feb 2026
Like 0 Bookmark
Tyres, Tubes and Flaps supply: SCN under extended fraud provision quashed due to voluntary disclosure and absence of fraud.
The supplier communicated intent to treat tyres, tubes and flaps as composite supply and paid differential tax with interest before the investigative authority issued a show cause notice; the court found no fraud, wilful misstatement or suppression and held that the short payment arose from industry confusion warranting ordinary assessment rather than extended fraud proceedings, quashing the SCN for lack of jurisdiction while leaving classification issues open. (AI Summary)
Author
Date 30 Jan 2026
Like 0 Bookmark
Compliance audit assesses whether organizational activities and controls conform with laws, standards and internal policies.
A compliance audit is an independent, systematic assessment of whether organizational activities, records and controls conform in all material respects with applicable external authorities, industry standards and internal policies. Distinct from financial statement and performance audits, compliance audits may be planned and reported separately and can be regulatory or propriety in focus. They identify non compliance gaps, evaluate control effectiveness, recommend remedial measures, and may address specific topics such as procurement, plant operations, environmental norms and corporate social responsibility. (AI Summary)
Date 30 Jan 2026
Like 0 Bookmark
Goods and Services Tax: minimum three month interval between show cause notice and final adjudication required to allow taxpayer reply.
The law mandates a minimum three month interval between issuance of a show cause notice and the outer limit for passing an adjudication order so that the taxpayer has time to file a reply and be heard; this procedural three month requirement is distinct from the outer three year limitation and non observance renders orders susceptible to quashing and remand for fresh consideration. (AI Summary)
Date 30 Jan 2026
Like 0 Bookmark
GST appellate authority hears appeals, follows natural justice, and may increase tax only after show cause within statutory time.
The Appellate Authority under section 2(8) and section 107 is appointed to hear GST appeals, with cross-empowerment ensuring a single appellate channel for dual CGST/SGST components. Its functions include receiving and adjudicating appeals, condoning delays, affording hearings and adjournments, permitting reasonable additional grounds, issuing show cause notices where tax or input tax credit issues arise, and passing a reasoned Order in Appeal. Enhancement of tax or reversal of credits requires prior notice to show cause and compliance with statutory time limits, including those in sections 73 and 74. (AI Summary)
Date 30 Jan 2026
Like 0 Bookmark
India's cross-border trade rules now allow exporters 15 months to realise payments with unified EDF reporting and bank verification.
The 2026 Regulations establish a principle based, transaction focused regime replacing fragmented exports/imports rules. Key operatives: export realisation timelines (15 months generally; 18 months for INR invoices; sale date for overseas warehoused goods), unified Export Declaration Form (EDF) filing options, AD banks empowered to verify genuineness, approve closures/reductions (declaratory closure up to Rs.10 lakh), and permit advances, set offs and temporary investments subject to safeguards and bank SOPs. (AI Summary)
Date 30 Jan 2026
Like 0 Bookmark
GST rectification proceedings: time spent pursuing bona fide Section 161 applications can be excluded when computing appeal limitation.
Time spent in bona fide prosecution of rectification proceedings under Section 161 of the GST Act is liable to be excluded while computing limitation for filing an appeal under Section 107 by applying the principle underlying Section 14 of the Limitation Act, 1963. That exclusion applies where the rectification application is filed within the prescribed period; the benefit is denied if the rectification itself is time barred. (AI Summary)
Author
Date 29 Jan 2026
Like 1 Bookmark
Employee TDS credit cannot be denied when employer fails to deposit deducted tax; recovery must target the employer.
Where salary tax has been deducted, the employee is entitled to credit once deduction is proved by documentary evidence; the statutory duty to remit rests on the employer/deductor and recovery for non-remittance must be pursued against the employer rather than the deductee. Section 199 and Section 205 and CBDT instructions support that the deductee should not be required to pay again and that refunds should not be appropriated to meet employer defaults. (AI Summary)
Author
Date 29 Jan 2026
Like 0 Bookmark
Digital personal data protection mandates corporate governance reforms, consent regimes, rights enforcement, breach reporting, and heightened fiduciary duties.
The Digital Personal Data Protection Act, 2023 requires organisations processing digital personal data connected to India to ensure lawful, transparent, purpose-specific processing with proportional safeguards. Corporates must implement a consent regime and notice obligations, uphold Data Principal Rights, maintain security controls, report breaches to the Data Protection Board and affected individuals, and comply with enhanced duties if designated as Significant Data Fiduciaries, including audits, assessments and appointed data protection officers where mandated. (AI Summary)
Author
Date 29 Jan 2026
Like 1 Bookmark
GST head mismatch: no demand if total tax paid; correct allocations via return amendment or account adjustments promptly.
Demand proceedings under Section 73 and related provisions are not sustainable where the taxpayer has fully paid total GST but misallocated amounts between IGST, CGST and SGST; such head mismatches are administrative allocation errors to be corrected by return amendment or inter-governmental account adjustments rather than by initiating tax demand, and tax officials should enable corrective mechanisms on the GST portal. (AI Summary)
Date 29 Jan 2026
Like 1 Bookmark
GST officer assignments and monetary thresholds clarified for determinations under Section 74A, 75(2), and 122.
The circular designates Additional/Joint Commissioner, Deputy/Assistant Commissioner, and Superintendent of Central Tax as proper officers for exercising powers under Section 74A, Section 122 and Rule 142(1A), and prescribes monetary thresholds allocating competence by office: Superintendent (up to Rs.10 lakh CGST / Rs.20 lakh IGST or combined), Deputy/Assistant Commissioner (above Rs.10 lakh up to Rs.1 crore CGST / above Rs.20 lakh up to Rs.2 crore IGST or combined), and Additional/Joint Commissioner (above those amounts, no upper limit); jurisdiction is based on combined CGST and IGST amounts excluding penalties, with escalation rules where subsequent demands exceed initial competence. (AI Summary)
Author
Date 29 Jan 2026
Like 0 Bookmark
GST assessments: officers must not invoke Section 73 for periods from 2024-25; Section 74A governs.
Subordinate tax officers have repeatedly erred by issuing consolidated show cause notices across multiple years, invoking a repealed assessment provision for post amendment periods and prematurely including the current financial year instead of following the successor provision's procedural route and timelines; the successor provision provides distinct deadlines for issuing notices and completing adjudication which officers must observe. (AI Summary)
Date 28 Jan 2026
Like 0 Bookmark
India-EU FTA establishes a rules-based trade framework with tariff liberalisation, services commitments, and regulatory cooperation.
The India-EU FTA creates a legally enforceable, rules-based framework delivering asymmetric tariff liberalisation (immediate, phased, and TRQs), Product-Specific Rules of Origin with self-certification and MSME flexibilities, and binding services and mobility commitments supported by SPS/TBT cooperation, IPR protections, and institutional mechanisms to preserve policy space for sensitive sectors. (AI Summary)
Author
Date 28 Jan 2026
Like 0 Bookmark
GST refund on education consultancy services: refunds maintainable despite limitation where tax found illegally collected.
Education consultancy services to foreign universities remunerated in convertible foreign exchange qualify as export of services and were never subject to GST. A Supreme Court declaratory judgment renders earlier collection an illegal levy, invoking Article 265 and enabling restitution notwithstanding ordinary limitation under section 54; Explanation (2)(d) may assist interpretatively but does not by itself extend the limitation to all similarly placed taxpayers. (AI Summary)
Author
Date 28 Jan 2026