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Informer rewards in GST evasion cases are discretionary and cannot be claimed as a matter of right by informers.
Grant of rewards to informers for GST evasion is an administrative discretion and does not vest an informer with an enforceable right to challenge assessment outcomes or to compel payment; award schemes are privileges governed by administrative guidelines, and mandamus is not ordinarily available to convert such discretionary grants into rights, subject to intervention only for gross unfairness, fraud, or procedural impropriety. (AI Summary)
Author
Date 25 Nov 2025
Replies 1 Reply
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Goods and Services Tax enforcement must shift from target-driven scrutiny to risk-based, technology-enabled, legally grounded governance.
Goods and Services Tax enforcement has become mechanical and target driven rather than risk-based and technology-enabled, producing unscientific audit selection, legally weak reports, repeat scrutiny without fresh risk indicators, and harassment of compliant taxpayers. Organisational incentives-manipulated postings and pressure to meet quantitative targets-undermine oversight and drive arbitrary enforcement. Recommended reforms include data backed selection, professional legal standards for audit reports, barring repeat audits absent new risks, scientifically derived targets, and strict discipline for misuse of authority to restore lawful, fair and sustainable revenue collection. (AI Summary)
Date 25 Nov 2025
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GST rate cuts, consolidated show cause notices, customs exemption consolidation and Advance Authorization redemption clarified.
CBIC (Policy Wing) confirms composite show cause notices across multiple financial years are legally permissible under sections 73/74 of the CGST Act, 2017 provided each year's limitation period is separately satisfied and year-wise tax liabilities are delineated; consolidation is a procedural mechanism that preserves natural justice and may promote judicial economy. Notification No. 45/2025 consolidates thirty Customs exemption notifications with effect from 1 November 2025, and DGFT clarifies EODCs shall not be withheld for certain Advance Authorizations where IGST was paid in cash, no duty exemptions were availed, and pre-import conditions were met. (AI Summary)
Date 25 Nov 2025
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Regulatory compliance for Indian businesses requires mapped obligations, governance oversight, digital systems, and a risk based approach.
An effective RCMS for Indian businesses rests on comprehensive regulatory mapping of central, state and industry norms, centralised repositories, and continuous regulatory tracking; strong governance with board oversight and a Chief Compliance Officer; documented SOPs and a risk based approach prioritising high risk domains; digital compliance systems for automation and audit trails; robust internal controls and periodic audits; and employee training, cross functional coordination, external stakeholder integration, incident response protocols, and continuous improvement mechanisms. (AI Summary)
Author
Date 25 Nov 2025
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Seized food must be disposed within set timelines using eco-safe, camera-recorded methods under FSSAI advisory.
FSSAI requires seized unsafe or unfit food to be disposed of within strict timelines using approved, environmentally compliant methods, with mandatory video recording of quantity, method, location, and personnel; States must preserve and upload records, nominate nodal officers, and align disposal with pollution-control and solid waste management norms. (AI Summary)
Author
Date 25 Nov 2025
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Cancellation of sale deed: claims of coercion survive parallel SARFAESI action and remain justiciable under law.
Whether a civil court may entertain a suit for cancellation of a registered sale deed despite concurrent securitisation proceedings depends on pleading adequacy: the plaint must be read as a whole for claims that execution was procured by coercion, undue influence or misrepresentation; failure to file a criminal complaint is not alone fatal; and the debt recovery forum has limited jurisdiction that does not automatically exclude civil relief to rescind or cancel a conveyance challenged for want of free consent. (AI Summary)
Date 25 Nov 2025
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Two wheeler IPR protection combines patents, designs, trademarks, copyright, layout protection and trade secret safeguards against counterfeiting.
Indian two wheeler and e two wheeler IPR protection requires patents for drivetrain, battery, power electronics and hardware tied software innovations (20 year term; novelty, inventive step, industrial applicability; software only excluded), designs for aesthetic elements (up to 15 years), trademarks for brand and model identity, copyright for firmware and UI, semiconductor layout protection for PCB/IC designs, and contractual trade secret safeguards for BMS algorithms and battery processes; enforcement includes civil injunctions, damages, Anton Piller and Customs recordation to block counterfeits. (AI Summary)
Author
Date 25 Nov 2025
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Four wheeler makers must use patents, designs, trademarks, copyrights and trade secrets to protect vehicle innovations.
Protection of intellectual property for four wheeler manufacturers (including electric vehicles) requires a multi layered legal strategy deploying patents, designs, trademarks, copyright, semiconductor layout design protection and trade secret measures. Patents cover drivetrain, battery, power electronics, BMS algorithms and ADAS subject to novelty, inventive step and industrial applicability, with a 20 year term and potential oppositions. Designs protect vehicle aesthetics for up to 15 years. Trade secrets are safeguarded contractually and by cybersecurity. Enforcement includes injunctions, damages, search orders, criminal measures for counterfeiting and Customs recordation to block infringing imports. (AI Summary)
Author
Date 25 Nov 2025
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Pharmaceutical IPRs: Indian law limits patents via Section 3(d) and allows compulsory licensing for access.
Indian pharmaceutical IP protection is patent centric, requiring novelty, inventive step and industrial applicability, and bars patents for mere variants lacking enhanced therapeutic efficacy to prevent evergreening. The law provides a twenty year term without routine extensions and includes compulsory licensing and opposition procedures to balance access. In the absence of standalone data exclusivity, firms rely on patents plus trade secrets and contractual measures, while trademarks, designs, copyrights and biodiversity compliance provide complementary protection. (AI Summary)
Author
Date 25 Nov 2025
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Battery manufacturing requires patents for core technologies and trade secrets for proprietary processes to prevent leakage.
A layered IPR strategy for battery manufacturers centres on patents for chemistry, cell architecture, manufacturing processes and BMS-linked innovations-mitigating Section 3(k) limits by tying algorithms to hardware-while relying on trade-secret governance and contractual protections for non-public manufacturing know how, and using trademarks, industrial designs, copyright and semiconductor-layout rights plus customs recording and civil/criminal enforcement to combat counterfeiting and leakage. (AI Summary)
Author
Date 25 Nov 2025
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Forensic accounting empowers internal audit teams to detect, investigate, and produce legally defensible findings on sophisticated financial frauds.
Forensic accounting equips internal audit departments with investigative, evidence-oriented, and data-analytic methods to detect, prevent, and respond to sophisticated economic frauds, produce legally defensible findings, and strengthen governance by integrating specialized forensic units, risk-based fraud management, SOPs for evidence and whistleblower handling, and techniques such as digital forensics, continuous monitoring, vendor due diligence, and forensic interviews. (AI Summary)
Author
Date 25 Nov 2025
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Company import/export software purchases are not consumer transactions when tied to profit-generating business activities and operations.
Whether a corporate purchaser qualifies as a consumer depends on whether the goods or services purchased have a close and direct nexus with profit-generating activity; Section 2(1)(d)(ii) excludes services availed for a commercial purpose, and the test is factual and purpose-based. Customized export/import software used integrally in a company's business operations was held to have such a nexus and therefore the purchaser was not a consumer for that transaction. (AI Summary)
Date 24 Nov 2025
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Delay in tax payment alone does not prove a wilful attempt to evade tax; mens rea and positive evasive acts are required.
Prosecution under the penal provision requires proof of a wilful attempt to evade tax, not mere delay or non payment; evidence that funds were illiquid and lack of deliberate mens rea negates wilfulness and renders continuation of proceedings after payment an abuse of process. (AI Summary)
Author
Date 24 Nov 2025
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Section 74 of the GST law applies only where material evidence shows intent to evade tax through fraud or suppression.
Section 74 is properly invoked only where material evidence shows fraud, wilful mis statement or suppression of facts to evade tax; such evidence must be part of the show cause notice. Mere non payment, lesser payment, or disputed interpretation leading to ineligible input tax credit is not sufficient to trigger the extended limitation regime absent a factual finding of intent to evade. (AI Summary)
Date 24 Nov 2025
Replies 9 Replies
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Income tax actions should follow independent verification before relying on GST portal data or sales tax information.
Income tax authorities must not act solely on GST Insight Portal or sales tax information without independent verification; the jurisdictional assessing officer must verify leads and, if necessary with prior approval, conduct an inquiry before invoking reassessment notice provisions. The officer must also examine the assessee's documentary records-purchase invoices, ledgers, bank payment proofs and tax auditor certificates-to assess genuineness of transactions rather than relying automatically on third party tax data. (AI Summary)
Author
Date 24 Nov 2025
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Chemical manufacturing IP protection focuses on patents for compounds and processes, trade secrets for process know how, and biodiversity compliance.
Patent protection is primary for chemical innovations-compounds, compositions, processes, catalysts and formulations-subject to novelty, inventive step and industrial applicability, a 20 year term, and statutory exclusions and opposition mechanisms. Trade secrets protect process know how where disclosure would harm commercial value, relying on NDAs, employee confidentiality and contractual measures. Trademarks, designs and copyrights complement technical protection; biodiversity compliance is required for use of Indian biological resources. Enforcement includes civil injunctions and seizure orders, criminal sanctions for counterfeiting, administrative oppositions and customs measures. (AI Summary)
Author
Date 24 Nov 2025
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Air conditioner and refrigerator IPRs require patents, designs, trademarks, copyrights, layout protection and trade secret safeguards.
Protection requires a multi faceted approach: use patents for component, system, IoT and process innovations (20 year term; pre /post grant oppositions), designs for exterior and control panel aesthetics (up to 15 years), trademarks for brand identity and trade dress, copyright for firmware and documentation, semiconductor layout protection for PCB/IC layouts, and contractual trade secret measures (NDAs, employment clauses, IT controls). Enforcement includes civil remedies, criminal actions for counterfeiting and customs recordation; regulatory test data may be protected as confidential information. (AI Summary)
Author
Date 24 Nov 2025
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Compliance ecosystems integrate culture, leadership, and controls so ethics are embedded in everyday organisational decisions.
A compliance ecosystem integrates regulatory requirements, internal controls, risk management, culture, leadership, and monitoring so legal and ethical obligations are embedded into everyday decision-making. Culture-marked by integrity, transparency, psychological safety, and shared accountability-drives voluntary adherence, while leadership sets the tone by modelling behaviour, resourcing compliance, supporting speak-up mechanisms, and enforcing accountability. Core operational elements include governance structures, risk prioritisation, clear policies, role-specific training, continuous monitoring, incident investigation, and iterative improvement. (AI Summary)
Author
Date 24 Nov 2025
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Compliance, internal and statutory audits differ by focus, scope, auditor independence, frequency and legal mandate.
Compliance audit checks adherence to laws, regulations and internal policies and may be internal or external; internal audit evaluates risk management, controls and governance under IIA standards and reports to management/Audit Committee; statutory audit is an independent, legally required external audit of financial statements under ISA/GAAS providing an audit opinion to shareholders and regulators. (AI Summary)
Author
Date 24 Nov 2025
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Internal audit uses risk based reviews, data analytics, and forensic processes to detect, investigate, and prevent organisational fraud.
The guide prescribes the Internal Audit Department as the primary mechanism for fraud detection and prevention through a risk-based audit process: identify and map fraud risks, plan targeted audits, collect and preserve digital and physical evidence, apply data analytics and forensic techniques, conduct transaction testing and interviews, document findings with quantified impact, report to governance, and ensure corrective actions and ongoing monitoring, using tools such as analytics, IT forensics, and a maintained fraud risk register with formal escalation protocols and chain-of-custody safeguards. (AI Summary)
Author
Date 24 Nov 2025