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Alcohol business founders face severe licensing and compliance risks that can halt operations and damage reputation.
Alcohol business operations in India are highly susceptible to regulatory interruption because of the layered licensing and inter-agency compliance regime; founders of breweries, distilleries, and ready-to-drink producers must prioritise alcohol licensing and related approvals. A single corporate change, missing form, unlisted warehouse, or lapsed clearance can invalidate permits, stop sales, fracture supply chains, and trigger cascading checks across customs, GST, excise and trade authorities. Maintain an exhaustive licence inventory and track validity and renewal cycles to avoid operational and reputational harm. (AI Summary)
Date 21 Nov 2025
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Demo goods treated as company property; input tax credit remains admissible if retained, returned or scrapped with GST documented.
The Kerala AAR held demo goods used for demonstrations do not attract reversal under Section 17(5)(h) if title remains with the company, goods are returned or scrapped with GST paid on scrap, and robust records (movement registers, issuance and return slips, scrap invoices, custodian undertakings and SOPs) are maintained to evidence business use and retention of property. (AI Summary)
Author
Date 21 Nov 2025
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Demo samples that remain company property do not trigger ITC reversal under GST when used for demonstrations.
The AAR distinguished demo samples from physician samples by focusing on title and control: demo goods remain company property, are entrusted as custodial units for marketing, and are returned or scrapped, so their issuance is not a supply and does not require reversal of Input Tax Credit under Section 17(5)(h), provided contemporaneous records substantiate continued ownership and eventual scrap accounting. (AI Summary)
Author
Date 21 Nov 2025
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Industry 5.0 promotes human-centric manufacturing with cobots, AI, sustainability, and workforce upskilling for India.
Industry 5.0 prioritises human-centric collaboration between workers and machines, embedding collaborative robotics, AI, IoT, and cyber-physical systems to enable personalised, sustainable, and resilient manufacturing. Realisation in India requires Advanced Technical Wisdom and workforce upskilling in digital literacy, cross-disciplinary competencies, creative problem-solving, and ethics, supported by policy incentives, public-private partnerships, and investment in smart infrastructure. (AI Summary)
Author
Date 21 Nov 2025
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GST demand notices: consolidation of multiple financial years is permissible if year-wise limitation and tax breakup are maintained.
Consolidation of multiple financial years into a single GST show cause notice is permissible as a procedural mechanism provided each period's limitation requirements are independently met, year-wise tax liabilities and break-ups are disclosed to the taxpayer, and natural justice is maintained by permitting year-specific responses. Consolidation aids investigatory coherence and adjudicatory efficiency and does not void proceedings where substantive limitation, compounding and eligibility conditions are complied with and the taxpayer is not prejudiced. (AI Summary)
Date 20 Nov 2025
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Qualified Institutional Buyers enable large-scale institutional participation in securities offerings, with specific eligibility and allocation rules.
Qualified Institutional Buyers are specified institutional classes meeting corpus or asset thresholds and entitled to reduced investor protections and reserved allocation rights in securities offerings; allocation rules set minimum participating QIB numbers and caps on individual allotment, transactional constraints bar cut-off bids and bid withdrawal after closure, and limited pre-filing interactions require recording and regulator notification. (AI Summary)
Date 20 Nov 2025
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Imports from related parties can trigger SVB scrutiny and freeze benefits; prepare pricing documentation now.
SVB scrutiny targets related party imports and emphasizes valuation integrity over duty payment; Customs presumes influenced pricing and shifts the burden of proof to the importer, resulting in questionnaires, provisional assessments, suspended clearances, and blocked benefits until valuation is substantiated. (AI Summary)
Date 20 Nov 2025
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Negative lien restricts asset disposition without creating guarantor liability, unlike a corporate guarantee for transfer pricing purposes.
Negative lien is a restrictive undertaking by an asset owner not to create encumbrances or dispose of specified assets without a lender's prior consent and does not create a payment obligation on the undertaker. It is a negative covenant of convenience that limits alienation of encumbered assets but does not impose liability for the borrower's debt and therefore does not confer a financial benefit or service akin to a guarantee. (AI Summary)
Author
Date 20 Nov 2025
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AEO certification for importers and exporters delivers faster customs clearances, financial relief, and reduced inspections.
The document explains the framework and mechanics of Authorized Economic Operator (AEO) Certification in India: voluntary status for importers, exporters, logistics providers and brokers; four tiers (T1, T2, T3, AEO-LO) with graduated benefits including bank guarantee waivers, deferred duty, reduced inspections and audit frequencies; objective eligibility requirements (valid IEC, transactional threshold, records, security infrastructure) and the disqualifying impact of recent unresolved Show Cause Notices (SCNs) involving fraud or tax non-payment. (AI Summary)
Date 20 Nov 2025
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Corporate restructuring raises capital gains, stamp duty, GST and competition issues; structure transactions to preserve tax attributes.
Corporate restructuring-mergers, acquisitions, spinoffs, amalgamations and slump sales-raise common taxation, stamp duty, company law, competition law and GST issues. Transactions can trigger Capital Gains Tax, affect carried forward losses and ITC, and may qualify for Tax Neutrality or GST exemption when constituting a Transfer of Business as a Going Concern. Structuring must address shareholder approvals, change of control clauses, continuity of contracts, employee obligations, competition clearances and the treatment of immovable property and intellectual property. (AI Summary)
Author
Date 20 Nov 2025
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Incoterms 2021 define when risk, cost, and customs responsibilities shift between exporters and importers.
Incoterms 2021 allocate costs, risks and delivery responsibilities by specifying the point of risk transfer, cost allocation, and delivery obligations between seller and buyer, delineating who arranges transport, insurance and customs formalities and distinguishing seller duties from minimal (EXW) to maximal (DDP) obligations. (AI Summary)
Author
Date 20 Nov 2025
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Indirect taxation: Classification, declaration, valuation, and exemptions shape customs and GST compliance and relief mechanisms.
The four pillars-Classification, Declaration, Valuation, and Exemption & Concession-define how taxes and duties are determined and administered under Customs and GST. Classification uses HSN/SAC codes to fix rates and eligibility for concessions. Declarations (customs bills and GST returns) record transaction details and support self-assessment. Valuation relies primarily on transaction value with additions for freight and insurance and alternate methods if needed. Exemptions and concessions include duty drawback, SEZ benefits, zero-rating of exports, composition schemes, and reduced rates for specified items. (AI Summary)
Author
Date 20 Nov 2025
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GST show cause notices: hearing required when adverse decision contemplated; failure breaches natural justice and allows de novo proceedings.
An opportunity of hearing must be granted where an adverse decision is contemplated under Section 75(4) of the CGST Act; failing to grant such a hearing, even where no reply is filed, violates the principle of Audi Alteram Partem and renders the adjudicatory process procedurally defective. Authorities may initiate de novo proceedings with the intervening period excluded from limitation under the assessment limitation provision. (AI Summary)
Author
Date 19 Nov 2025
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GST penalties must align with assessment procedures and cannot exceed confirmed tax or show cause limits.
Penalty imposition under Section 122 must respect procedural and substantive constraints in the assessment scheme under Sections 73 and 74; orders imposing penalties in excess of the confirmed tax or the show cause notice were held arbitrary and set aside to the limited extent of the excess amount, with remand for reconsideration in accordance with law. (AI Summary)
Date 19 Nov 2025
Replies 1 Reply
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Freedom of contract upheld: administrative public notices cannot be read as empowering executive directions to alter private payment arrangements.
A Public Notice permitted certain importers to pay terminal handling and related port charges directly to terminal operators as an optional payment facility; such administrative clarifications cannot create regulatory authority to override statutes or private contracts. Executive communications purporting to prevent shipping lines from collecting charges beyond port-prescribed terminal handling charges were treated as lacking statutory or contractual basis and as functionally interfering with freedom of contract and rights, because the Notice only offered an optional direct-payment mechanism and did not authorize alteration of existing contractual terms. (AI Summary)
Author
Date 19 Nov 2025
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Sub-contractor turnover deductible from main contractor's VAT turnover to prevent double taxation when sub-contractor is registered and taxed.
Principal contractors may deduct payments made to registered sub-contractors from their total consideration for works contracts for computing VAT under the composition scheme, provided those sub-contractors have accounted for and paid VAT on those amounts, to avoid double taxation and because sales in works contracts occur by accretion and tax follows the person executing the work. (AI Summary)
Author
Date 19 Nov 2025
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Slump sale of business: capital gains via net worth method with FMV floor, GST exempt, stamp duty state dependent.
Gains on a slump sale are treated as capital gains under Section 50B and computed by the net worth method (capital gain = sale consideration - net worth) using book values; FMV rules impose a floor equal to the higher of FMV and actual consideration and a CA report in Form 3CEA is mandatory. Transfer of a business as a going concern is GST exempt (seller need not reverse ITC; buyer cannot claim ITC), while stamp duty treatment is state specific and may treat slump sales as conveyances charged on disclosed allocation or ready reckoner values. (AI Summary)
Author
Date 19 Nov 2025
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Compliance 2.0: preventive frameworks and AI predictive tools improve tax risk detection, notice management, and continuous monitoring.
A shift to Preventive Compliance frameworks and AI-driven Predictive Tools is urged: establish governance and role-based accountability, adopt risk-based classification, automate workflows with audit trails and continuous monitoring, and deploy tax analytics, ML and GenAI for forecasting liabilities, anomaly detection and notice management; mitigate adoption risks through data governance, vendor use, cross-functional teams and AI governance with explainability and periodic model retraining. (AI Summary)
Author
Date 19 Nov 2025
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Consent to Operate requires verified pollution controls and ongoing compliance, securing operational permission under environmental statutes.
The note describes Consent to Establish (CTE) as the pre construction permission requiring site suitability, design stage pollution controls and submission of technical details, and Consent to Operate (CTO) as the post construction authorization granted after verification of CTE compliance, performance testing, laboratory analyses and hazardous waste authorization. CTO validity is category based, White category is exempt, and consents impose air, water, waste, noise and sustainability conditions. The application, inspection, renewal procedures, ongoing monitoring, statutory returns and penalties for non compliance are set out. (AI Summary)
Author
Date 19 Nov 2025
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Prospective application of interest on anti profiteering amounts prevents retroactive interest claims, preserving consumer fund deposit mechanism.
The amendment introducing interest on anti profiteering amounts was given an express future effective date and therefore applies prospectively; interest and penalty cannot be imposed retrospectively on profiteering that occurred before the amendment, while recovery of the identified profiteered sum and its deposit into the consumer welfare fund remain available under the statutory scheme. (AI Summary)
Author
Date 18 Nov 2025