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GST ON CONSULTANCY SERVICE TO FOREIGN COMPNAY
Discussion Forum Goods and Services Tax - GST

FEMA / RBI
Dated:- 17-9-2026
PTI
Tata Sons' board reappointed its executive chairman by majority vote, but Tata Trusts contend that the resolution is void under the Articles of Association because both Trust-nominated directors must approve a chairmanship resolution. The dispute also concerns the effect of the chairman's earlier decision to step aside, an ongoing successor-selection process, and uncertainty over a nominee director's status following a failed general meeting. Separately, the rejection of Tata Sons' deregistration request has revived questions over compliance with the listing requirement applicable to an upper-layer non-banking financial company.

Customs & Trade
Dated:- 17-9-2026
PTI
Deep-sea fishing policy promotes expansion of fishing operations within India's Exclusive Economic Zone (EEZ) and on the high seas to increase fisherfolk income through exports of high-value species. High-seas catch classification has been altered so that fish caught on the high seas and offloaded at a foreign port are treated as exports rather than imports.

2024 (9) TMI 1972
Case Laws Central Excise
Rectification of apparent errors cannot replace reconsideration where no recorded direction supports an expected remand for fresh adjudication.
Rectification under Section 129B(2) is limited to a patent, self-evident error of fact or law apparent from the record and cannot be used to seek reargument or reconsideration. A daily order sheet merely recording that the matter was heard and orders were reserved, without any recorded or approved indication of remand, does not establish that remand was contemplated. Where merits submissions were addressed in the final order, an unrecorded expectation of remand does not justify rectification; no mistake apparent from the record exists.

2026 (7) TMI 2029
Case Laws Money Laundering
Humanitarian interim bail requires an emergent, exceptional medical need; limited custody parole may still address family contact.
Humanitarian interim bail was not warranted where the spouse's metastatic ovarian carcinoma was stable, showed mild lesion reduction, and was managed through periodic day-care maintenance chemotherapy without an immediate emergency or critical procedure. The applicant's presence was not shown to be medically indispensable, and available family support was not shown to be inadequate. Alleged offence gravity, the applicant's position, and risks of flight, witness influence, and evidence tampering outweighed humanitarian considerations absent emergent or exceptional circumstances. Interim bail was declined, while limited custody parole for three specified days enabled a meeting with the spouse.

2024 (11) TMI 1664
Case Laws Customs
Wet Metric Ton calculation governs earlier iron ore exports, requiring contemporaneous moisture and impurity tests for export-duty classification.
For iron ore fines exported before 1 May 2022, Fe percentage for tariff classification and export-duty assessment must be calculated on a Wet Metric Ton basis, deducting moisture and other impurities from gross weight. The Dry Metric Ton method introduced through the Supplementary Note to Chapter 26 applies only from 1 May 2022 and does not govern earlier shipping bills. Moisture and impurity data should be taken from contemporaneous Load Port Test Reports issued by accredited, government-approved laboratories rather than substantially delayed CRCL reports. The prescribed conversion is Fe x (100 - M)/100, requiring reassessment where dry-basis Fe content was used.

2025 (4) TMI 2088
Case Laws Income Tax
International shipping profits under Article 8 include feeder-vessel and slot-hire freight, preventing Indian taxation of qualifying income.
Article 8 of the India-Malaysia DTAA assigns taxing rights over profits from operating ships in international traffic to the residence State. Its scope encompasses cargo transportation undertaken by ship owners, lessees, or charterers. Freight earned through feeder-vessel arrangements, materially equivalent to slot-hire arrangements, consequently forms part of international shipping profits. In the absence of contrary facts or legal position, such freight income is not taxable in India and is governed by Article 8.

2025 (4) TMI 2089
Case Laws Income Tax
Prospective taxation under Section 115BBE applies from the prescribed assessment year, while unexplained cash additions require reasonable withdrawal credit.
Cash deposits in specified bank notes may be treated as unexplained money only after allowing a reasonable estimate of cash retained from prior withdrawals; one-third of cumulative withdrawals is recognised as available cash where no evidentiary basis supports either full availability or nil retention. The residual addition remains taxable under the substituted Section 115BBE rate, which applies prospectively from assessment year 2017-18 based on its stated commencement, regardless of when the underlying transaction or income arose.

2025 (4) TMI 2090
Case Laws Income Tax
Excess-stock additions fail when corrected books eliminate survey discrepancies and no independent evidence supports unexplained investment.
Alleged excess stock cannot be treated as unexplained investment where a survey-based tentative trading account omits direct manufacturing expenses, salary and wages already recorded in the books. A corrected trading account incorporating those undisputed expenses may eliminate the apparent stock difference. In the absence of documentary evidence of excess stock, disputed purchases, or other adverse material, an addition cannot rest solely on a director's erroneous admission based on an incomplete account. The alleged excess stock was therefore not assessable under Section 69B or taxable under Section 115BBE.

2025 (5) TMI 2324
Case Laws Income Tax
Reassessment notice requirements and development agreements: invalid reopening returns need no scrutiny notice, while licences may not trigger transfer.
Reassessment based on an invalid return filed in response to a reopening notice does not require a scrutiny notice, because no valid return exists for assessment. A joint development agreement and power of attorney do not trigger a deemed transfer where the developer receives only a development licence, legal possession remains with landowners, the payment is a refundable security deposit, and no consideration or possession in part performance exists. Revisionary jurisdiction is unavailable where the Assessing Officer examined the capital-gains issue and adopted a legally sustainable view after inquiry.

2025 (6) TMI 2168
Case Laws Income Tax
Predominantly charitable trusts retain approval eligibility despite incidental pilgrim-service objects that are not confined to a religious community.
Section 80G(5) approval should not be refused solely because a trust's objects include service camps for pilgrims at religious places. Where the trust's predominant activities provide food distribution, medical assistance and other welfare services to the public, animals and birds, an incidental pilgrim-service object does not displace its charitable character. The object must also not be confined to a particular religion, community or caste. On these principles, denial of approval is unsustainable.

2026 (4) TMI 1919
Case Laws Income Tax
Religious expenditure threshold under Section 80G requires examination before approval can be rejected for religious objects.
Section 80G(5-B) treats an institution or fund incurring expenditure on religious activities not exceeding five per cent of its total income as eligible within the provision's scope. Rejection of Section 80G approval solely because a trust has religious objects is unsustainable without examining and recording whether actual religious expenditure exceeds that statutory threshold. Examination of the approval claim must therefore be confined to the requirements of Section 80G(5-B), including the extent of religious expenditure relative to total income.

GST
Dated:- 17-9-2026
PTI
Merchant Discount Rate at 0.4 per cent will apply from October 15 to person-to-merchant UPI payments above Rs 2,000, payable by merchants and subject to a cap for high-value transactions. Individual transfers and most everyday merchant payments remain free, while eligible small QR-code merchants are exempt. Essential-service payments and capital-market transactions receive separate fee treatment, and a portion of MDR collections will support small-merchant UPI adoption.

Notification No. S.R.O. No. 480/2022 Dated:- 18-7-2022 Orissa SGST
Composition levy treatment under the Odisha Goods and Services Tax Act, 2017 is amended under the proviso to section 10(1) on the recommendations of the Goods and Services Tax Council. The entry in column (3) against serial number 4 in the relevant table is replaced with "Fly ash bricks; Fly ash aggregates; Fly ash blocks". The change is confined to that specified goods entry.

FEMA / RBI
Dated:- 17-9-2026
PTI
Tata Sons' board approved by majority vote the Executive Chairman's reappointment for a further five-year term after he reconsidered an earlier decision not to seek renewal. Tata Trusts contest the validity of the resolution, maintaining that the Articles of Association require affirmative votes from both Trust-nominated directors and that a dissenting vote renders a chairmanship resolution legally void. They also cite the accepted succession process and unresolved directorship status arising from a general meeting lacking quorum.

Notification No. S.R.O. No. 482/2022 Dated:- 18-7-2022 Orissa SGST
Covered persons must furnish FORM GST CMP-08 containing details of self-assessed tax payments. This additional Odisha GST compliance obligation applies to the quarter ending 30 June 2022 and must be completed by 31 July 2022. It specifies the prescribed form, reporting content, quarterly period, and filing deadline.

Reporting persons or entities receiving Form No. 97 declarations for transactions covered by rule 159 must furnish Form No. 98 electronically by 31 October for declarations received by 30 September and by 30 April of the following financial year for declarations received by 31 March. They must register on the Reporting Portal, obtain an ITDREIN, and upload digitally signed statements through the principal officer's credentials. Existing Form No. 61 registrants may use their existing ITDREIN and principal officer. Inaccuracies and Data Quality Report defects require correction statements, while inadvertently filed reports may be removed through deletion statements. Entities must maintain information-security, archival and retrieval procedures. The procedure applies from 15 September 2026; earlier-year reporting remains under Form No. 61.

Recognition of NSE Clearing Limited as a clearing corporation is renewed for a three-year period from 3 October 2026 to 2 October 2029. The renewed recognition is subject to compliance with conditions specified from time to time and any further conditions that may be prescribed or imposed. The renewal permits the clearing corporation to continue operating within the applicable securities-market regulatory framework during that term.

Recognition of Metropolitan Stock Exchange of India Limited under the Securities Contracts (Regulation) Act, 1956 is renewed for one year, from 16 September 2026 to 15 September 2027, for contracts in securities. The renewal is subject to compliance with conditions prescribed or subsequently imposed by SEBI from time to time. The exchange may continue operating under the renewed recognition during that period, subject to those regulatory conditions.

Tariff values for specified imports are substituted under the customs valuation framework with effect from 16 September 2026. Listed edible oils, including crude and refined palm oil, palmolein and soybean oil, are valued between US$1,219 and US$1,268 per metric tonne, while brass scrap is valued at US$8,218 per metric tonne. Specified gold forms, including qualifying concessional imports and identified bullion and coins, carry a tariff value of US$1,373 per 10 grams; specified silver forms carry US$2,028 per kilogram. Areca nuts remain at US$11,574 per metric tonne. These substituted values govern customs valuation of the identified goods.

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