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JOB WORK: ESSENTIAL COMPLIANCE
Articles Goods and Services Tax - GST
By: - Sadanand Bulbule
GST job work is a supply of services where a job worker processes goods belonging to a registered principal without acquiring ownership. Goods move under delivery challans and e-way bills, while the principal reports prescribed job-work return details. Return transit documents must show the composite consignment value, comprising the original goods value, processing charges and incorporated materials; GST is charged separately on the job worker's service invoice. Failure to return or directly supply inputs or capital goods within prescribed periods triggers deemed taxable supply from the original dispatch date, with tax reporting, payment and applicable interest.

By: - K Balasubramanian
GST adjudication should afford cross-examination where a proposed tax or penalty liability materially depends on information or details furnished by connected third parties. A specific request made in reply to a show-cause notice should be addressed before an adjudication order is passed. Procedural fairness also requires a meaningful personal hearing, disclosure of relevant relied-upon material, an opportunity for a further reply after cross-examination, and a reasoned and speaking order. Cross-examination may be particularly relevant where input tax credit is denied on allegations concerning a supplier's GST default.

By: - Raj Jaggi
Statutory status does not by itself exclude service-tax liability; taxability depends on the character of the particular activity and the consideration received. Leasing or renting land for ground rent, lease premium, or similar consideration is assessed by reference to the arrangement permitting use of immovable property, and labels such as land revenue, premium, or salami do not alter the substantive character of the receipts. Compulsory statutory levies differ from commercial consideration. Membership and subscription charges for sports-complex facilities also require independent activity-specific assessment.

AUTHORISED PERSONS UNDER ‘FEMA’
Articles FEMA - Foreign Exchange Management
By: - DR.MARIAPPAN GOVINDARAJAN
Foreign Exchange Management (Authorised Persons) Regulations, 2026 govern written authorisation for foreign-exchange or foreign-security dealings. Applicants must be incorporated companies meeting prescribed net-worth and fit-and-proper standards, with qualified directors and key managerial personnel. Authorisation categories determine permitted activities. Applications, renewals, continuing eligibility, turnover, reporting, management-control changes, and restoration of deficient net worth remain subject to regulatory scrutiny. Authorisation may be varied, revoked, or cancelled for non-compliance or public-interest grounds after procedural safeguards, with an appellate mechanism available against rejection or revocation.

By: - Raj Jaggi
Rule 10A requires bank-account particulars to be furnished within 30 days of GST registration or before GSTR-1/IFF, whichever is earlier. Its non-compliance may affect outward-supply filing and can lead to suspension or cancellation proceedings. The rule does not expressly require disclosure of all bank accounts; one valid account accepted on the portal may ordinarily suffice. Nevertheless, accounts regularly used for substantial business transactions or GST refunds should be disclosed and validated, while declared accounts that become inoperative or change should be updated.

By: - YAGAY and SUN
DGFT has strengthened the PSIA/PSIC digital workflow by requiring PSIC generation and issuance on the actual inspection date, with later system generation not permitted. Inspection dates are standardised, and authorised users may maintain scanned signatures and official stamps for automatic embedding in PSICs. Inspector details are selected through a system-populated dropdown, while country selection enables automatic retrieval of read-only registered instrument details. The framework also expands digital inspection evidence through increased photograph capacity and an enhanced inspection-video limit. PSIAs must maintain accurate master data and complete certificate-related steps as part of the inspection-day workflow.

By: - YAGAY and SUN
Contract Lifecycle Management is a continuous control system for managing contracts from initiation through drafting, negotiation, approval, execution, performance, renewal, amendment, termination and closure. It should ensure contractual enforceability, appropriate signatory authority, clear obligations, controlled risk allocation and compliance with applicable legal requirements. Defined templates, risk-based reviews, Delegation of Authority controls, execution checks, centralized storage, obligation ownership, renewal alerts and documented amendment procedures support effective management. Tax, cross-border, technology, data-protection and other transaction-specific considerations should be addressed where applicable.

By: - YAGAY and SUN
ELRM should operate as an enterprise-wide system for identifying, assessing, controlling and monitoring legal, regulatory, contractual, governance and reputational risks. A Legal and Regulatory Universe and Compliance Obligations Register should map applicable requirements, owners, deadlines, evidence, risk ratings and escalation routes. Business functions own compliance under a three-lines model, while Legal and Compliance provide oversight and Internal Audit gives independent assurance. Risk-based controls, incident management, third-party diligence, plant-level accountability, role-specific training, technology-enabled monitoring and Board dashboards support escalation, remediation and continuous improvement.

2026 (9) TMI 173
Case Laws Indian Laws
EEZ fishing access requires regulated territorial transit channels and timely verification of Access Pass applications by State authorities.
Union regulation of fishing in the EEZ and State regulation of territorial waters operate in distinct constitutional fields and must be implemented cooperatively. EEZ Access Passes permit regulated fishing beyond territorial waters, while State rules may govern transit and fishing within territorial waters. States should prescribe specified transit channels for purse-seine vessels holding the required EEZ permissions, taking account of relevant expert recommendations. The Access Pass framework also requires effective coordination between the Union issuing authority and State verifying authority. Prolonged non-verification cannot function as an unwritten prohibition on a lawful occupation; applications require efficient and timely verification and clearance under the governing rules.

2026 (9) TMI 174
Case Laws VAT / Sales Tax
Mens rea and false representation are essential before penalising concessional Form C purchases for registered business machinery use.
Penalty under Section 10A of the Central Sales Tax Act requires proof of mens rea and false representation in the use of Form C. Purchase of an excavator at the concessional rate for civil works, mining and excavation did not satisfy those requirements where the machinery was used in the registered business and no mala fides or false claim of entitlement was established. Subsequent amendment of the registration to include civil contractor activity supported the bona fide business use. In the absence of the essential ingredients for penalty, the levy could not be sustained.

2026 (9) TMI 175
Case Laws VAT / Sales Tax
Input tax credit survives subsequent supplier registration cancellation when contemporaneous banking and goods-movement evidence supports genuine purchases.
Turnover enhancement and rejection of books of account require established, quantified suppression supported by specific adverse material; unverified invoices alone do not justify enhancement where other transaction records have been verified and no suppression is detected. Input tax credit cannot be reversed merely because suppliers' registrations are cancelled after the transactions, if the suppliers were registered on the transaction dates and banking records and contemporaneous documents establish purchase and physical movement of goods. On these principles, the tax determination based on turnover enhancement and input tax credit reversal lacked legal sustainability.

2026 (9) TMI 176
Case Laws VAT / Sales Tax
Finality of assessments bars challenges to consequential demand notices seeking to revive exhausted disputes through recovery proceedings.
Consequential demand notices cannot be used to reopen assessment orders that have attained finality after statutory appellate and revisional remedies have been exhausted. An advocate's asserted illness does not establish denial of reasonable opportunity where the taxpayer has pursued multiple remedies challenging the assessments. Recovery demands flowing from concluded assessments therefore remain unaffected by a challenge seeking to revisit the underlying liability. Any further challenge must proceed through the available statutory remedy, subject to compliance with its prescribed prerequisites.

2026 (9) TMI 177
Case Laws VAT / Sales Tax
Title-based classification of railway rolling-stock transfers determines taxable sales, while agency procurement avoids an intermediate sales-tax transaction.
Under the Delhi Sales Tax Act, 1975, the Railways may fall within "dealer" because the definitions of business and dealer encompass Central Government sales activities irrespective of profit motive. A transfer of rolling stock is taxable only when the Railways held title as principal and transferred the property to the financing corporation for consideration, including adjustment of advances. Rolling stock procured solely as the corporation's agent passes directly from manufacturers and creates no intermediate sale. For established sales, exclusion from Delhi tax requires transaction-specific proof that the sale occasioned inter-State movement or occurred outside Delhi; manufacture, dispatch, later use elsewhere, or head-office location is insufficient. Taxable turnover must exclude agency-procured stock and be determined assessment-year-wise.

2026 (9) TMI 178
Case Laws Central Excise
Buyer-funded tooling valuation requires proportionate amortisation, while disclosed methodology defeats extended limitation, interest, and penalties.
Buyer-funded tooling constitutes additional consideration only to the extent of the proportionate amortised value attributable to finished goods. Assessable value should reflect the tool's expected life, production capability and quantity of goods manufactured, rather than the entire tooling advance upon receipt. Reliable tooling, production, invoice and payment records may substantiate the amortisation method; a Cost Accountant's certificate is not an indispensable statutory requirement. Extended limitation requires deliberate suppression, misstatement or withholding of material information with intent to evade duty. Prior disclosure during audit, bona fide valuation methodology, revenue neutrality and duty payment on amortised cost preclude extended limitation, consequential interest and penalty.

2026 (9) TMI 179
Case Laws Central Excise
Assessable value in buyback supplies requires arm's-length pricing; below-cost contractual prices triggered cost-based valuation and eliminated penalties.
Transaction value under a buyback arrangement cannot serve as assessable value where batteries are supplied below manufacturing cost, co-packed into torches sold exclusively back to the supplier, and the price is neither arm's length nor the sole consideration; cost-based valuation was therefore sustained. Extended limitation requires suppression or an equivalent statutory ground. Registration, prescribed returns and Revenue knowledge of the agreements precluded extended limitation, rendering that demand time-barred, although demands within the normal limitation period and interest remained enforceable. Penalties based on suppression failed, and the CENVAT-credit penalty provision was inapplicable because no wrongful credit availment or utilisation was alleged or invoked.

2026 (9) TMI 180
Case Laws Central Excise
Payment under protest preserves excise refund eligibility by excluding limitation where duty liability remained continuously disputed.
Excise duty paid during an intervening disputed period may be treated as paid under protest under Rule 233B where formal protest records are unavailable but accepted protests exist immediately before and after that period. Continuous challenge to duty liability, particularly where the underlying contention that the activity did not constitute manufacture has attained finality, supports that treatment. Payment under protest excludes the limitation bar otherwise applicable to the refund claim, preserving entitlement to refund.

2026 (9) TMI 181
Case Laws Central Excise
Job-work valuation under Rule 10A excludes notional profit, while exemptions depend on valid principal-manufacturer undertakings.
Plastic lamination of cotton, jute or man-made fabrics produces a commercially distinct article and constitutes manufacture. Job-work exemption depends on the principal manufacturer's undertaking or declaration that processed goods will be used for dutiable final products or export; incidental inputs used by the job worker do not negate job work, but unsupported clearances remain dutiable. Laminated HDPE fabrics are not excluded as plastic strips and qualify for small-scale industry exemption. Rule 10A excludes notional profit from job-work valuation, while own-account sale prices are cum-duty values. Extended limitation applies where required undertakings were missing for some clearances. Personal penalty fails absent an order of confiscation. Duty requires redetermination accordingly.

2026 (9) TMI 182
Case Laws Service Tax
Transitional Cenvat credit disclosed in a timely revised return remains refundable in cash despite omission from TRAN-1.
Timely revised pre-GST returns can establish entitlement to differential Cenvat credit even where the credit was not carried forward through TRAN-1. Under the CGST transitional provisions, admissible credit disclosed in a return revised within the permitted period may be refunded in cash, subject to the applicable unjust-enrichment requirements. Eligible pre-GST credit refund claims are to be processed under the existing law, and inability to amend a TRAN-1 declaration does not extinguish an admitted substantive credit entitlement. The differential credit is consequently refundable in cash with consequential relief according to law.

2026 (9) TMI 183
Case Laws Service Tax
Residential complex construction before July 2010 remained non-taxable self-service, including when executed under composite works contracts.
Construction of residential complexes by a builder for prospective purchasers before 1 July 2010 was treated as self-service and was not subject to service tax, including where undertaken through composite works contracts. The Explanation inserted in section 65(105)(zzzh) of the Finance Act, 1994 deemed construction intended for sale by a builder to be a service provided to the buyer, thereby expanding the taxable-service scope. Its operation was prospective from 1 July 2010 and did not apply to pre-insertion construction activities. Accordingly, no service tax liability arose for such pre-1 July 2010 residential-complex construction.

2026 (9) TMI 184
Case Laws Service Tax
Extended limitation requires deliberate suppression; a bona fide exemption dispute prevents service-tax demand beyond the normal period.
Extended limitation for service-tax recovery requires evidence of a positive, deliberate act of suppression with intent to evade tax; mere non-payment or non-declaration is insufficient. Interpretation of the exemption for airfield drainage services under Entry 12(e) of Notification No. 25/2012-ST supported a bona fide belief that the services were exempt. As no wilful suppression was established, the extended period under Section 73(1) of the Finance Act, 1994 was not available, rendering the demand sustained solely on that basis unsustainable.

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