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Continuing personal guarantees may extend to renewed credit facilities where the guarantee remains effective until all dues are paid and the guarantor signs the renewal. Contractual liability can also exceed a stipulated principal cap where the guarantee expressly provides for interest at the stipulated or subsequently notified rate from demand. On these terms, the guarantee applies to the renewed facility and covers contracted interest in addition to the capped principal amount, supporting initiation of a personal insolvency resolution process against the guarantor.

Finality of unchallenged personal insolvency resolution orders prevents a personal guarantor from reopening findings at the consequential bankruptcy stage. Where the guarantor was validly proceeded against ex parte in the resolution process, Section 121 does not require fresh prior notice before a bankruptcy order, particularly where the closure application and bankruptcy petition were served. A limitation objection also fails where an earlier SARFAESI demand enforced security interests rather than invoked the guarantee, and the insolvency application was filed within three years of the subsequent Code demand. Separate proceedings against other guarantors remain independent, and new grounds not raised before the Adjudicating Authority cannot ordinarily be introduced in appeal.

Attachment of properties as proceeds of crime may be sustained where funds from money-laundering activities are traceable to their acquisition and no complete legitimate source is established. Active participation in MLM operations, rather than mere receipt of brokerage commission, supported the finding that the funds were tainted. A bank loan did not establish a legitimate source where its repayment remained unexplained. Continued receipt of rent from property held in another person's name indicated beneficial enjoyment and supported treating the ostensible transferee as a name-lender. The provisional attachment of the properties was therefore confirmed.

2022 (7) TMI 1639
Case Laws Income Tax
Rectification of apparent mistakes cannot become review of a Tribunal's merits assessment or justify recall of its order.
Rectification under section 254(2) is confined to a mistake apparent from the record and cannot be used to review or reassess a concluded merits order. A request to revisit the Tribunal's appreciation of submissions, documents, the memorandum of understanding, transaction details, additional grounds, evidence, or applicable authorities amounts to an impermissible review rather than rectification. Alleged factual or legal errors in a detailed merits determination must be challenged before the High Court, not through an application seeking recall under section 254(2). Consequently, no apparent mistake supported recall of the earlier order.

Notification No. 1/2022-State Tax (Rate) Dated:- 31-3-2022 Gujarat SGST
Gujarat State Tax (Rate) revises GST classification for specified brick and tile products from 1 April 2022. Fly ash bricks or qualifying fly ash aggregates, fly ash blocks, bricks of fossil meals or similar siliceous earths, building bricks, and earthen or roofing tiles are removed from the 2.5 per cent State tax schedule and placed in the 6 per cent State tax schedule. The amendment changes the applicable State tax rate for these goods.

2022 (7) TMI 1638
Case Laws Income Tax
Cost of improvement includes fixtures integral to residential property, while movable personal effects and unverified loan interest remain excluded.
Capital gains computation permits expenditure on furnishings, fixtures and other items that are embedded in, or permanently integral to, residential flats as cost of improvement, with consequential indexation. Cash payments alone do not disprove such expenditure where lack of funds is not established. Movable items, including furniture, appliances and entertainment equipment, remain personal effects and cannot be included. Housing-loan interest may be considered as part of acquisition cost only after verification of repayment and interest records, particularly where interest has also been claimed under income from house property, to prevent double deduction.

Notification No. G.O.Ms.No. 72 Dated:- 10-8-2021 Telangana SGST
FORM GSTR-4 return filing due date is extended under the Telangana Goods and Services Tax framework. The earlier notification is amended by substituting the due date of 15 July 2020 with 31 October 2020. The amendment is deemed effective from 13 July 2020, applying the revised return-filing deadline from that date.

Notification No. 3/2022-State Tax Dated:- 31-3-2022 Gujarat SGST
Gujarat's registration-threshold framework is amended from 1 April 2022 and is described as reducing the threshold from rupees 40 lakh to rupees 20 lakh. The amendment expands the relevant table to include fly ash bricks, high fly ash-content aggregate and blocks, bricks of fossil meals or similar siliceous earths, building bricks, and earthen or roofing tiles. These specified products are incorporated into the amended registration-threshold framework through their applicable tariff headings.

Notification No. 4/2022-State Tax Dated:- 31-3-2022 Gujarat SGST
Composition levy eligibility is restricted for manufacturers of specified brick and tile products, including fly ash bricks and blocks, high fly ash-content aggregates, fossil-meal bricks, building bricks, and earthen or roofing tiles. These manufacturer categories are excluded from the composition scheme from 1 April 2022.

Notification No. 10/2022-State Tax Dated:- 8-7-2022 Gujarat SGST
Registered persons with aggregate turnover not exceeding two crore rupees in financial year 2021-22 are exempt from filing the annual return for that year under the first proviso to section 44 of the Gujarat Goods and Services Tax Act, 2017. The exemption is issued pursuant to the recommendations of the Goods and Services Tax Council.

Customs, DGFT & SEZ
Dated:- 14-8-2026
Enforcement action against clandestine manufacture of psychotropic substances led to the detection of a residential drug-production facility. Searches recovered amphetamine and intermediary forms, precursor chemicals, reagents, raw materials, and manufacturing equipment. Field testing indicated the presence of amphetamine, a psychotropic substance regulated under the Narcotic Drugs and Psychotropic Substances Act, 1985. The recovered apparatus and materials indicated illicit manufacture, while preliminary investigation pointed to short-term, intermittently operated facilities intended to conceal production activities.

By: - Vivek Jalan
Transitional credits arising under VAT or CENVAT law cannot be reopened or adjudicated by GST authorities merely because they were carried forward through TRAN-1. Eligibility and validity must be assessed under the law in force when the credit accrued. Section 142(11)(a) applies the test of whether tax was leviable under the existing law, not whether it was actually paid. Non-payment under service tax, VAT, or central excise does not by itself permit retrospective GST on the same transaction, thereby preventing duplication of tax.

By: - Bimal jain
GST appellate limitation runs from actual communication of an adjudication order, not merely its date of passing. If a taxpayer declares the date on which the order came to its knowledge, the Revenue must rebut that date with cogent proof of service or delivery. In the absence of such material, the declared date must be accepted for computing limitation. An appeal should not be rejected as delayed without examining the taxpayer's communication plea and evidence of effective service.

By: - Raj Jaggi
Omission of Rule 96(10) of the CGST Rules without a saving clause prevents the deleted export-refund restriction from governing pending proceedings for refund of integrated tax paid on exports. A saving clause may preserve pending liabilities and proceedings, but no such preservation arises merely from the former existence of a subordinate rule. Pending refund claims, show-cause proceedings, adjudications, appeals and writ disputes must be distinguished from matters that have attained finality. Independent refund conditions, including eligibility, export proof, tax payment, limitation, unjust enrichment and procedural compliance, remain subject to examination.

By: - Raj Jaggi
Promotional expenditure incurred by a holder of acquired music rights to monetise those rights is own-account commercial activity where no service is performed for the assignor for consideration. Agreements must be read as a whole: rights assignment, revenue sharing, marketing, and related obligations may constitute one commercial arrangement rather than a separate marketing service. A contractual obligation, flow of money, or incidental benefit cannot alone establish a declared service or taxable supply. Taxability must first identify the activity, supply relationship, and consideration or a specific statutory deeming basis before valuation arises.

BAGGAGE RULES, 2026 – AN OVERVIEW
Articles Customs - Import - Export - SEZ
By: - DR.MARIAPPAN GOVINDARAJAN
The Baggage Rules, 2026 establish duty-free baggage clearance for eligible personal effects, bona fide gifts, souvenirs, re-imported articles and temporary imports, subject to declarations, customs satisfaction and specified exclusions. General allowances vary by passenger category and mode of arrival, cannot be pooled, and include a duty-free laptop facility for eligible adult passengers. Transfer of residence concessions provide additional allowances based on overseas stay, subject to conditions on prior concessions, residence duration and short visits to India. Unaccompanied baggage is permitted within prescribed timelines, with limited extensions for circumstances beyond the passenger's control.

By: - YAGAY and SUN
Cross-border IPR, royalty and technical know-how payments require characterisation from the actual rights, services, contractual obligations and economic substance. FEMA governs remittance and documentation; customs may add royalty to imported-goods value where it relates to the goods and is a condition of sale; income tax considers Indian source taxation, treaty relief and withholding; transfer pricing requires arm's-length benchmarking between associated enterprises; and GST may impose IGST under reverse charge on imported IP services. Where royalty is included in customs value, the corresponding IGST exemption requires review to avoid double taxation.

By: - YAGAY and SUN
ISO 14064 provides a framework for organisational and project-level greenhouse gas quantification, reporting, validation, and verification, covering organisational inventories, emission-reduction projects, and credible greenhouse-gas statements. ISO 14067 governs lifecycle-based calculation and reporting of product carbon footprints, from raw materials through production, transport, use, and end-of-life stages. Implementation requires defined boundaries, emission-source identification, reliable data, appropriate calculation methods, transparent reporting, and application of accuracy, completeness, consistency, relevance, and conservativeness principles.

By: - YAGAY and SUN
Corporate risk management requires testing economic substance rather than accepting invoices, contracts and accounting entries as conclusive evidence. Revenue should be assessed through the complete order-to-collection cycle, with attention to customer capacity, receivables, returns, cash conversion and year-end concentration. Circular trades require network-level review of ownership, locations, funds, goods movement and commercial purpose. Material transactions should be assessed for purpose, reality, ownership, actual inflows and outflows, and fairness; unclear factors require enhanced or independent review. Boards, tax teams, whistle-blower systems and risk-sensitive dashboards should support independent challenge and early detection of fraud, tax and third-party risks.

By: - YAGAY and SUN
Customs import and export compliance is a layered, continuous regulatory framework covering registration, product classification, regulatory approvals, licensing, valuation, origin, duty determination, documentation, declarations, clearance, post-clearance obligations, audit readiness and record retention. Importers and exporters bear primary responsibility under self-assessment for accurate declarations and compliance. Correct classification, valuation and origin determination affect duties, restrictions, exemptions, preferential treatment and regulatory controls. Compliance continues after clearance through end-use conditions, bond and warehousing management, record maintenance and readiness for audit or investigation.

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