Just a moment...

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
Trade insurance: strengthen marine and export credit protections to reduce SME under insurance and emerging risk gaps.
Marine insurance covers cargo and transit perils while ECGC export credit cover insures exporters and banks against commercial and political buyer default; together they mitigate physical and payment risks, but suffer from SME under penetration, reliance on international capacity, premium spikes in high risk zones, and limited coverage for emerging risks. Recommended reforms include SME outreach, micro policy pilots, ECGC digitalisation, domestic marine/P&I capacity building, targeted premium support for risky routes, formalising cover for non delivery/diversion/tariff/cyber risks, linking insurance to trade facilitation, and establishing monitoring dashboards and international cooperation. (AI Summary)
Author
Date 12 Nov 2025
Like 0 Bookmark
Negative blocking under GST Rule 86-A: conflicting approaches create uncertainty for ITC replenishment and compliance.
Divergent interpretations of Rule 86-A center on whether the rule can target only ITC actually available in the Electronic Credit Ledger or may effectuate negative blocking of future credits. One line construes the rule as limited to ledger-available credit and invalidates orders issued when the ledger balance was nil. An alternate approach permits conditional negative blocking and directs taxpayers to replenish blocked credit pending final adjudication under statutory recovery procedures, creating operational uncertainty for ITC utilisation and compliance. (AI Summary)
Date 11 Nov 2025
Like 1 Bookmark
Chocolate-coated wafer classification hinges on ingredients and tariff schedule indentation, affecting duty treatment for industry.
Tariff classification depended on whether the coating met the statutory definition of chocolate, the coating's composition as compound chocolate using vegetable fat, and the tariff schedule's indentation linking the contested description to communion wafers rather than ordinary commercial wafers, with precedent and consistent practice supporting classification under "Other Wafers." (AI Summary)
Date 11 Nov 2025
Like 0 Bookmark
Re-credit of Input Tax Credit cannot be denied due to GST portal technical limitations; department must manually re-credit blocked ITC.
The court held that technical limitations of the GST portal cannot defeat a taxpayer's substantive entitlement to re-credit of Input Tax Credit; where the portal lacks functionality to issue PMT-03 or re-credit amounts adjusted against demands or erroneous refunds, the department must post the credited amount to the taxpayer's Electronic Credit Ledger and may effect manual re-credit to ensure statutory rights are honoured. (AI Summary)
Author
Date 11 Nov 2025
Like 0 Bookmark
Maritime security: safeguarding sea lines of commerce through naval presence, cooperation and legal frameworks to protect global trade.
Maritime security protects sea lines of commerce by countering piracy, terrorism, cyberattacks, and climate-driven disruptions through naval presence, legal frameworks, multilateral cooperation, and industry partnerships. Major powers pursue overlapping strategies-forward naval deployments, freedom of navigation assertions, overseas basing and dual-use port development, Arctic and regional control, and maritime domain awareness-while international instruments (such as UNCLOS and the ISPS framework), regional information-sharing mechanisms, and public-private practices provide the governance and operational tools to deter, detect, and respond to threats. (AI Summary)
Author
Date 11 Nov 2025
Like 0 Bookmark
GST rate reform consolidates HSN-based slabs and revises exemptions, integrating cess and correcting inverted duty anomalies.
Comprehensive statutory restructuring of the GST rate framework effective September 22, 2025, consolidates HSN-based rate slabs and revised exemption lists, integrates Compensation Cess incidence into GST for specified goods, corrects inverted duty structures by aligning input and output rates, and substitutes prior rate and exemption schedules while adding sector-specific amendments for petroleum, motor vehicles, construction materials, handicrafts and e-commerce services. (AI Summary)
Author
Date 11 Nov 2025
Like 0 Bookmark
Date of shipment/dispatch rules determine transport-specific shipment dates and FTP benefit eligibility for imports and exports.
The date of shipment or dispatch is determined by mode-specific transport documents: Bill of Lading for sea, Airway Bill for air reflecting departure, dispatch date for land-locked consignments, postal dispatch stamp for parcels, courier receipt/waybill for registered courier, and handover date to the first carrier on Combined Transport Bills for multimodal shipments; export rules mirror these principles with additional sea-specific provisions (bulk, containerised, ICDs, LASH barges), Customs officer notation for air, Railway Receipt for rail, and border certification for road. Special provisions protect exporters against adverse procedural changes and preserve export-obligation accounting. (AI Summary)
Author
Date 11 Nov 2025
Like 0 Bookmark
Maritime security requires coordinated compliance, vessel hardening, supply chain resilience and enhanced maritime domain awareness.
Maritime security requires coordinated operational, regulatory and insurance measures: shipowners must comply with ISPS and SOLAS, maintain Ship Security Plans and certificates, implement crew training, vessel hardening and tracking systems, and procure war risk and kidnap and ransom insurance; importers/exporters should select certified logistics partners, track cargo, diversify routes and include contractual war risk protections; administrations must align national laws with UNCLOS and IMO instruments, enhance maritime domain awareness and mandate port cybersecurity and contingency planning. (AI Summary)
Author
Date 10 Nov 2025
Like 0 Bookmark
Residential leases: GST and water charges are not part of lease rent for stamp duty calculation on homes.
Renting or leasing of residential dwellings for residential use is exempt from GST under Notification No. 12/2017-Central Tax (Rate), and therefore GST should not be included in lease rent for stamp duty calculation; water charges likewise do not constitute immovable property consideration and are not includible in lease rent for stamp duty purposes. (AI Summary)
Author
Date 10 Nov 2025
Like 0 Bookmark
Appointment of interim resolution professional must follow the applicant's proposal; tribunal cannot substitute absent disciplinary proceedings.
Where a financial creditor under Section 7 or a corporate applicant under Section 10 proposes an insolvency professional, the Adjudicating Authority must appoint that nominee as Interim Resolution Professional on admission provided no disciplinary proceedings are pending against them; the NCLT cannot substitute its own choice for reasons other than a statutory or disciplinary bar. (AI Summary)
Date 10 Nov 2025
Like 0 Bookmark
Passing on GST rate-cut benefits requires commensurate price reduction; increasing quantity does not satisfy supplier's obligation.
Non-passing of GST rate reductions by increasing product quantity without reducing price breaches the obligation under Section 171; the benefit must be passed by a commensurate reduction in price at the level of each supply and calculated SKU-wise. Commercial schemes that maintain the same MRP while augmenting quantity or offering freebies do not absolve suppliers of liability to pay the profiteered amount with interest. The anti-profiteering rules and investigatory powers are constitutionally valid, though arbitrary exercises of power that ignore genuine cost factors may be subject to merits-based adjudication. (AI Summary)
Author
Date 10 Nov 2025
Like 0 Bookmark
Duplicate share certificates: procedure to replace lost certificates and re-establish legal ownership through affidavit and indemnity.
Application for duplicate share certificates replaces lost, stolen, destroyed, or mutilated originals after the shareholder notifies the company or its Registrar and Transfer Agent, files a police report, and submits a notarised affidavit plus an indemnity bond. Where required a public notice is published to invite objections; the company verifies records, obtains an authorised resolution and issues a certificate marked "Duplicate," recording the action in its registers. Dematerialisation of the duplicate certificate is recommended to prevent future physical-loss risks. (AI Summary)
Author
Date 08 Nov 2025
Like 0 Bookmark
Input tax credit: acceptance of wrongful availment and utilisation affects interest and penalty exposure under GST.
The note explains that Input Tax Credit comprises tax charged on inward supplies and is availed in the electronic credit ledger; interest and penalty arise on wrongful utilisation of credit, while mere wrongful availment without utilisation does not attract interest or penalty. It emphasizes that a taxpayer's electronic admission of wrongful availment and portal communications are decisive for adjudication, affecting issues of service, opportunity to be heard, and the scope of demands, and that adjudicating officers may impose tax and interest where based on such admissions. (AI Summary)
Date 08 Nov 2025
Like 0 Bookmark
GST cross-empowerment is automatic; intelligence-based enforcement may be initiated by Centre or State regardless of taxpayer allocation.
Cross-empowerment under Section 6 of the CGST Act functions automatically unless the Government issues a notification to impose conditions; intelligence-based enforcement may be initiated by Central or State authorities irrespective of administrative taxpayer allocation; limits in administrative circulars govern work allocation but do not strip senior officers such as Joint Commissioners of competence to issue show cause notices; and bunching of notices across assessment years under Section 74 is not expressly prohibited and can be challenged in adjudication. (AI Summary)
Author
Date 08 Nov 2025
Like 0 Bookmark
Free Trade Agreements reshape India's trade integration and policy choices, prompting balanced measures to protect domestic industries.
FTAs have expanded India's market access, attracted foreign direct investment, and integrated Indian firms into regional and global value chains, stimulating employment and consumer welfare in export-oriented sectors. Simultaneously, they have contributed to widened trade deficits, competitive pressures on SMEs and agriculture, and underutilization due to complex rules of origin and compliance. Policy responses prioritize strengthening manufacturing competitiveness, simplifying origin procedures, and including safeguard and sustainability provisions to reconcile liberalization with domestic industrial, social, and environmental objectives. (AI Summary)
Author
Date 08 Nov 2025
Like 0 Bookmark
Tax paid by mistake: limitation period does not bar refunds and claims require formal adjudication, not summary defect memos.
The two year limitation under Section 54 does not apply to refund claims for tax paid by mistake on exempt services because such payments are without authority under Article 265; entitlement must be decided through formal adjudication with issuance of notice, opportunity to reply, and a reasoned order, and defect memos summarily rejecting claims as time barred are procedurally improper. (AI Summary)
Author
Date 08 Nov 2025
Like 0 Bookmark
International trade needs aligned tariffs, standards, customs procedures and digital rules to boost predictability and resilience.
Harmonizing international trade requires aligning tariffs, regulatory standards, customs procedures, and interoperable digital and legal frameworks to reduce transaction costs, enhance predictability, and build resilience. Institutional pathways include multilateral and regional agreements, customs security frameworks with mutual recognition for trusted traders, and digital trade initiatives. Effective harmonization balances openness with environmental responsibility and inclusion of developing economies, and rests on revitalized multilateral mechanisms, regional connectivity, technological adoption, and public-private collaboration to automate compliance and foster transparency across supply chains. (AI Summary)
Author
Date 08 Nov 2025
Like 0 Bookmark
Search and seizure powers: documented reason to believe permits inspections, subject to privacy and procedural safeguards.
Surprise inspection and seizure under Section 67 are permissible when a properly documented reason to believe exists, requiring a rational link to supporting materials; officers must follow procedural safeguards including formal access, sealing or breaking-open protocols where consent is absent. Electronic evidence and residential CCTV may be copied or accessed only as strictly necessary, in the presence of a family member and an authorised representative, with non-relevant content returned. Official communications must use prescribed channels with officer identification; allegations of coercion require separate fact-finding and may be pursued in adjudicatory processes. (AI Summary)
Author
Date 07 Nov 2025
Like 0 Bookmark
Electronic registration option enables automated GST registration for low-output taxpayers, subject to Aadhaar authentication and procedural safeguards.
Rule 9A introduces electronic registration allowing applications under Rules 8, 12 or 17 to be granted on the common portal within three working days based on data analysis and risk parameters. Rule 14A permits taxpayers with monthly output tax liability below the prescribed threshold to opt for electronic registration subject to Aadhaar authentication and ineligibility rules; withdrawal requires FORM GST REG-32 and decision in FORM GST REG-33 or REG-05, with specified return and procedural conditions. (AI Summary)
Date 07 Nov 2025
Like 1 Bookmark
Choice among STPI, SEZ, EOU, and MOOWR depends on export focus, import intensity, tax benefits, and compliance capacity.
Choice among STPI, SEZ, EOU and MOOWR depends on export focus, import intensity, tax and customs benefits, and compliance capacity. STPI suits IT/ITES with duty-free import of select capital goods and foreign exchange obligations. SEZ offers the strongest duty and GST exemptions but demands location binding, separate books and high compliance. EOU allows duty-free imports with limited domestic sales on payment of duties and requires positive Net Foreign Exchange. MOOWR permits deferment of customs duty and IGST in bonded premises without export obligations, giving cash-flow advantage while requiring strict record-keeping. (AI Summary)
Date 07 Nov 2025