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    2010 (7) TMI 1243
    Case LawsIncome Tax
    Business expenditure for prompt port handling remains deductible when trade practice, necessity, and payment genuineness are established.
    Speed money paid through sub-contractors to port workers for prompt cargo handling may qualify as allowable business expenditure where it is incurred in the ordinary course of clearing and forwarding operations to prevent demurrage and related losses. Trade practice and business necessity support deductibility when no material shows that the payments were bogus, inflated, or unrelated to business purposes. Deduction of tax at source and recipient accounting further support the business character of the payments. An estimated disallowance without a rational basis is not justified; the disallowance was deleted.

    Circular No. 42/16/2018-GST Dated:- 13-4-2018 Gujarat SGST Dated:- 13-4-2018 Gujarat SGST
    Unrecovered arrears of value added tax, entry tax, wrongly availed input tax credit and inadmissible transitional credit are recoverable as State tax arrears under the Gujarat GST framework. Principal tax liabilities may be paid from the electronic credit ledger or electronic cash ledger and must be recorded in Part II of FORM GST PMT-01. Related interest, penalty and late fee are payable only through the electronic cash ledger. Pre-GST returns may be filed and paid through the earlier online procedure, while unregistered persons remain subject to recovery and cash payment under the existing-law procedure.

    2022 (7) TMI 1641
    Case LawsIndian Laws
    Abatement in multi-party appeals requires assessment of surviving rights, estate representation, and risk of conflicting or inexecutable decrees.
    In a multi-party appeal, non-substitution of legal representatives of a deceased respondent does not automatically abate the entire appeal. Continuation depends on whether the right to sue survives, the deceased party's estate is adequately represented by existing parties, the decree is joint and indivisible, and further proceedings could result in conflicting or inexecutable decrees. Co-owners who instituted proceedings concerning jointly owned land may represent the common estate, while non-contesting co-sharers may remain proper parties. A court must assess these factors before treating an appeal as wholly abated and should decide the merits if effective, non-conflicting adjudication remains possible.

    FEMA / RBI
    Dated:- 24-8-2026
    PTI
    Banking labour relations are affected by proposed nationwide industrial action over five-day banking, performance-linked incentives, and pension-related demands. Five-day banking remains pending despite a bipartite arrangement for extended weekday hours. Unions dispute an incentive scheme that differentiates awards by seniority and individual performance, contending that it departs from bank-level performance linkage and uniformity across cadres. They also allege that implementation during pending conciliation breaches a status quo obligation, while pension revision, uniform dearness allowance, and a pension-scheme switch option remain unresolved.

    Circular No. 46/20/2018-GST Dated:- 6-6-2018 Gujarat SGST Dated:- 6-6-2018 Gujarat SGST
    Priority Sector Lending Certificates, Renewable Energy Certificates and similar scrips are classified under heading 4907 and attract GST at 12%. The residual 18% rate applies only where goods are not covered by a specific GST rate-schedule entry. The earlier residual-rate clarification for Priority Sector Lending Certificates is modified. Duty credit scrips classifiable under heading 4907 attract Nil GST under the applicable exemption entry.

    Circular No. 47/21/2018-GST Dated:- 8-6-2018 Gujarat SGST Dated:- 8-6-2018 Gujarat SGST
    Free-of-cost moulds and dies supplied by an OEM to an unrelated component manufacturer are not a supply without consideration and do not require input tax credit reversal when provided in the course or furtherance of business. Their value is excluded from the component supply value unless the component manufacturer was contractually required to use its own moulds or dies; in that event, amortised cost is included and related credit must be reversed. Separately stated spare parts and labour in car servicing are taxable at their respective applicable rates.

    Customs & Trade
    Dated:- 24-8-2026
    PTI
    India's free trade agreement strategy seeks to expand preferential market access and integrate the country into global value chains as a trusted trading partner. Negotiations with additional country groups and individual nations are intended to extend agreement coverage to a substantial share of global trade. Investment opportunities are identified in data centres, manufacturing and artificial intelligence, alongside an objective of developing more balanced trade relations between India and Japan.

    Circular No. 48/22/2018-GST Dated:- 14-6-2018 Gujarat SGST Dated:- 14-6-2018 Gujarat SGST
    Services of short-term accommodation, conferencing, banqueting and similar services supplied to an SEZ developer or unit are inter-State supplies, as the specific rule governing supplies to SEZs prevails over the general place-of-supply rule for immovable-property-related services. Zero-rated treatment and related refund claims require receipt of supplies by the SEZ for authorised operations, supported by prescribed evidence and endorsement. Textile fabric processors supplying job-work services may claim inverted-duty-structure refund because their output is a service, not a supply of fabrics.

    FEMA / RBI
    Dated:- 24-8-2026
    PTI
    Foreign exchange market conditions supported a modest early appreciation of the rupee against the US dollar due to relative dollar softness. The gain was limited by elevated crude oil prices, importer demand for dollars, and caution over anticipated sanctions affecting Iranian oil trade, banking networks and shipping routes. Currency markets remained sensitive to geopolitical uncertainty and possible wider trade effects.

    OPPORTUNITY FOR HEARING IN GST MATTERS
    ArticlesGoods and Services Tax - GST
    By: - DR.MARIAPPAN GOVINDARAJAN
    Section 75(4) requires an opportunity of hearing where a taxable person seeks it in writing or an adverse GST decision is contemplated. The safeguard requires effective notice, proper service, reasonable time to reply and a meaningful chance to present submissions. Failure to provide hearing details, service through an inaccessible portal location, or notice at an incorrect registered email or address may breach natural justice. Conversely, the requirement may be satisfied where adequate hearing opportunities were provided and the taxpayer adopted the written defence as final submissions.

    By: - Bimal jain
    Consideration of a taxpayer's response to Form GST DRC-01A is integral to adjudication of alleged wrongful input tax credit under Section 74 of the CGST Act. Where invoices, e-way bills and bank statements support the genuineness of purchases and ITC, an authority cannot presume that no response was filed without evaluating that material. Section 75(4) requires a meaningful hearing where an adverse decision is contemplated. An ex parte demand based on an unexamined record may justify a fresh opportunity to produce documents and participate in hearing.

    By: - Raj Jaggi
    Statutory appeal is ordinarily the proper first forum for GST show-cause notice challenges, including alleged incomplete service, missing relied-upon documents and an incorrect tax period. Such objections remain available before the appellate authority and are not extinguished merely because writ relief is declined. The decisive enquiry is whether the taxpayer understood the allegations, had essential material, received a meaningful opportunity to respond and suffered actual prejudice. Taxpayers should raise defects promptly in writing, seek clarification or documents, participate under protest where necessary, and preserve records supporting non-supply and prejudice.

    By: - Anshul Singh Patel
    Tax computation under the Income-tax Act, 1961 is controlled by statutory provisions and the real-income principle, not merely by Ind AS or ICDS accounting entries. Notional income from discounting refundable security deposits, amortisation of royalty already taxed, or other temporal accounting allocations does not create taxable income without a real receipt or enforceable right to receive. Asset-related grants must follow the statutory actual-cost mechanism, while Ind AS-ICDS borrowing-cost differences are computational timing differences. A procedural delay in certification cannot defeat a substantive research-and-development deduction where underlying approval is undisputed.

    By: - DR.MARIAPPAN GOVINDARAJAN
    Imported dry laser imagers that receive digital inputs from imaging systems and print them on film lack independent diagnostic capability and are accessories, not diagnostic instruments or apparatus. Under Chapter 90 Note 2, accessories are classified with particular machines only when suitable for use solely or principally with one machine type or machines under the same tariff heading. Where laser imagers are compatible with medical imaging apparatus under different tariff headings, they fall under the residual heading for unspecified parts and accessories of Chapter 90.

    Article By: - Raj Jaggi Dated:- 24-8-2026
    Got 1 Replies
    Goods and Services Tax - GST
    Input tax credit on telecommunication towers under Section 17(5)(d) depends first on whether the particular tower is movable or immovable property. Exclusion from "plant and machinery" does not itself deem a tower immovable. Classification requires examination of annexation, intention, functionality, permanence, dismantlability, relocation, and marketability. Towers capable of dismantling, transport, and reassembly without losing identity may remain movable despite foundations or supports. Only after immovability is established can the blocked-credit provision apply. The approach is fact-dependent and requires technical evidence of the tower's design, installation, and relocatability.

    By: - Dr. Sanjiv Agarwal
    GST on a DBFOT road concession may arise where toll-collection rights granted to a concessionaire are non-monetary, deferred consideration for highway-construction services. The arrangement may constitute barter, requiring valuation where consideration is not wholly in money. The subcontractor's construction supply to the concessionaire remains distinct from the concessionaire's supply to NHAI. Although road access on payment of toll is exempt, toll rights received as reciprocal or annuity-like consideration for construction form taxable consideration and fall outside that exemption.

    By: - Raj Jaggi
    GST appeal limitation under Section 107 runs from communication of the order challenged and is not automatically suspended or restarted by rectification under Section 161. Though the Limitation Act does not directly apply to GST appellate authorities and delay beyond the statutory outer limit cannot be condoned, Section 14 principles may exclude time spent pursuing rectification. Exclusion requires the same matter and parties, diligence, good faith and a reasonable basis for a patent error. Rectification cannot be used to reopen disputed merits, introduce fresh evidence or obtain an indirect extension of appeal time.

    By: - YAGAY and SUN
    Eligible INR export realisations for exports to countries other than Nepal and Bhutan may receive export benefits, incentives, and recognition towards fulfilment of export obligations on par with foreign-currency realisations, where proceeds are received through banking channels by credit to INR accounts of persons resident outside India opened under the applicable deposit regulations. The change applies within the Foreign Trade Policy framework and does not remove scheme-specific conditions, documentation obligations, or FEMA and Reserve Bank compliance. GST refund and zero-rated supply treatment remain governed separately by GST law and applicable procedures.

    Layers of Anti-Dumping Duty under Indian Customs Laws.
    ArticlesCustoms - Import - Export - SEZ
    By: - YAGAY and SUN
    Indian anti-dumping duty is a trade-remedy measure requiring legally determined dumping, injury to the domestic industry, and a causal link. The Directorate General of Trade Remedies investigates product scope, normal value, export price, dumping margin, like article, domestic industry, injury, and causation, but its findings and recommendations do not themselves create a levy. Enforceable liability arises through a Central Government notification, after which Customs assesses and collects duty. Importers must verify the notified product scope, origin, export country, producer or exporter identity, applicable rate methodology, effective period, and supporting import documentation.

    By: - YAGAY and SUN
    Environmental compliance is a continuous corporate legal and governance obligation requiring prior approvals, preventive safeguards, monitoring, documented compliance and remediation throughout a project's lifecycle. Regulated activities should not commence while environmental clearances, consents or other mandatory approvals remain pending, and post-facto regularisation is not an alternative to prior approval. Environmental compensation under the Polluter Pays Principle is restorative and deterrent, with exposure extending to remediation, delays, closure directions and financial risk. Companies should maintain approval matrices, compliance records, periodic audits, environmental due diligence and board-level reporting for material risks.

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