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Circular No. PUBLIC NOTICE NO. -121/2020 Dated:- 21-9-2020 Trade Notice Dated:- 21-9-2020 Trade Noti...
For licences already issued with non-standard UQCs, the electronic system permits Shipping Bill filing despite a UQC mismatch until 30 October 2020. Exporters must declare standard UQCs in the Shipping Bill item table, while stating quantity in the licence table according to the UQC specified in the licence. The relaxation is limited to licence Shipping Bills filed within the specified period.

Circular No. CCT/26-4/2017-18/D/1797 Dated:- 23-11-2020 Goa SGST Dated:- 23-11-2020 Goa SGST
ITC claimed in GSTR-3B for February to August 2020 must be cumulatively reconciled with eligible supplier-uploaded invoices and debit notes reflected up to the September 2020 GSTR-1 due date. Aggregate ITC for those months cannot exceed 110% of the cumulative eligible uploaded credit, while remaining subject to statutory ITC eligibility conditions. Excess credit identified on reconciliation must be reversed in Table 4(B)(2) of the September 2020 GSTR-3B; non-reversal is treated as ineligible ITC in September 2020.

2020 (9) TMI 1333
Case Laws Money Laundering
Access to PMLA adjudicatory orders enabled the petitioner to pursue available legal remedies after receiving the relevant copies.
Relevant orders issued by the Adjudicating Authority and Appellate Authority under the Prevention of Money Laundering Act, 2002 were to be supplied to the petitioner through counsel within two weeks, without prejudice to the respondent's rights and contentions. Upon receipt, the petitioner could pursue remedies available in law. The writ petition was disposed of on that limited basis.

Circular No. CCT/ 26-4/2017-2018/C/1153 Dated:- 1-8-2019 Goa SGST Dated:- 1-8-2019 Goa SGST
Eligible registered persons seeking the 3% central-tax composition option may file Form GST CMP-02, using the specified supplier category, up to 30 September 2019 rather than 31 July 2019. The revised timetable retains the obligation to furnish Form GST ITC-03 under applicable composition-rule requirements for persons opting for this composition treatment.

2018 (6) TMI 1880
Case Laws Income Tax
Interest on operational bank deposits is business income eligible for co-operative credit society deduction; surplus funds remain other-source income.
Interest earned by a co-operative credit society on fixed deposits with nationalised or scheduled banks may qualify as business income eligible for deduction under Section 80P(2)(a)(i) where the deposits form part of operational funds used in providing credit facilities to members. The decisive distinction is whether the deposits are connected with the society's business activity. Interest on business-related deposits is attributable to that activity, whereas interest from surplus funds not required for business purposes is assessable as income from other sources under Section 56.

Circular No. CCT/26-2/2025-26/99 Dated:- 7-4-2025 Goa SGST Dated:- 7-4-2025 Goa SGST
Specified premises are classified from 1 April 2025 by the preceding financial year's hotel-accommodation transaction value or by a premises-specific opt-in declaration. Restaurant services at specified premises attract GST at 18% with input tax credit; those outside attract GST at 5% without input tax credit. Registered suppliers may opt in or opt out through prescribed declarations, while registration applicants may declare new premises within the stipulated period after registration acknowledgement. Classification remains fixed for the financial year, declarations generally continue until opt-out, and separate declarations are required for each premises.

Circular No. CCT/26-4/2017-2018/C/2073 Dated:- 7-11-2019 Goa SGST Dated:- 7-11-2019 Goa SGST
Explanation to concessional-rate entry 3(vi) excludes activities or transactions undertaken by Government and local authorities from the meaning of "business" for that entry. Inserted within one year under section 11(3) of the Goa GST Act, the explanation is treated as forming part of the entry from its inception on 21 September 2017. A stated later commencement date does not alter that operation.

By: - Jayaprakash Gopinathan
MDR on specified UPI transactions, if introduced, would ordinarily be a payment-processing charge collected from or deducted from the merchant's settlement, without necessarily creating a separate customer charge. GST, where applicable, would generally apply to the separate payment-processing or acquiring service and not to the amount transferred through UPI. The ultimate burden may be absorbed, renegotiated or reflected in prices. Eligible registered persons may claim input tax credit on GST charged on the service if statutory conditions are met, while composition taxpayers, unregistered persons and persons making exempt supplies may face unrecoverable costs.

New Tax on tax by UPI MDR- Treatment under GST and ITC
Articles Goods and Services Tax - GST
By: - Ca Aman Rajput
MDR on specified P2M UPI payments is treated as consideration for a separate payment-processing service. GST at 18% applies to the MDR actually charged, rather than directly to the underlying supply or the GST in the customer invoice, although MDR may be calculated on the gross payment. A registered merchant making taxable supplies may claim input tax credit on GST paid on MDR where the service is used for business and normal eligibility, documentation and credit restrictions are satisfied; exempt, composition and unregistered merchants may bear that GST as cost.

By: - K Balasubramanian
Input tax credit mismatch adjudication requires verification of invoice-wise evidence before confirming GST demands. Where credit claimed in Form GSTR-3B is absent from Form GSTR-2A, the proper officer must examine tax documents, receipt of goods or services, supplier payment including tax, required reversals, and the time limit for availing credit. Taxpayers must furnish requested information, while adjudication must consider reconciliations, follow binding circular-based verification requirements, and provide personal hearing.

By: - Bimal jain
Cash disbursement of a sanctioned GST refund is required where permanent business closure and surrender or cancellation of registration make re-credit of input tax credit in the Electronic Credit Ledger unusable. Although the normal refund mechanism releases only the cash-paid component in cash and re-credits the ITC-debited component, that mechanism presumes a going concern with future tax liabilities. Where the ledger has become non-functional, no statutory prohibition prevents payment of the sanctioned amount in cash or to the taxpayer's bank account, with applicable interest in accordance with law.

TIME EXTENSION CHARGES – CIRP COST?
Articles Corporate Laws / IBC / SEBI
By: - DR.MARIAPPAN GOVINDARAJAN
Time-extension charges under development lease deeds were examined for classification as corporate insolvency resolution process costs where homebuyers continued a stalled housing project through a Committee of Creditors-approved Pool and Build mechanism. The charges were characterised as penal consequences of the developer's delay rather than costs incurred by the resolution professional for project continuation. Their inclusion would transfer the defaulting developer's liability to homebuyers and the resolution applicant. Charges, including those sought under an extended policy beyond the original three-year lease arrangement, were excluded from CIRP costs.

2026 (9) TMI 1491
Case Laws GST
E-Way Bill Reuse Allegations Require Independent Proof Beyond Toll Records to Sustain GST Detention and Penalties
Detention and penalty under the GST framework for alleged reuse of invoices and e-way bills require a demonstrated contravention relating to the movement of goods. Where goods are accompanied by invoices and a valid e-way bill with no discrepancy in description, quantity, value, or ownership, toll-plaza photographs and vehicle-movement data alone do not prove that the same goods were previously delivered and re-transported. Independent, cogent evidence is required, including verification of explanations and documents concerning prior transport. Suspicion or presumed intent to evade tax cannot replace proof; unsupported detention and penalty proceedings are unsustainable.

2026 (9) TMI 1492
Case Laws GST
Bail in CGST prosecutions may follow prolonged custody, completed investigation, documentary evidence, and low trial-risk factors.
Bail in CGST prosecutions engages Article 21's requirement that pre-conviction detention follow a just, fair and reasonable procedure and not operate punitively. Release may be justified where custody is prolonged, the accused has no criminal antecedents, similarly situated co-accused have received bail, investigation is complete, charges remain unframed, and no material indicates flight risk, witness intimidation, or evidence tampering. The absence of assessment proceedings under the CGST Act may bear on criminal prosecution. Documentary evidence, Magistrate-triable offences, limited maximum punishment, and an unlikely timely trial further support bail.

2026 (9) TMI 1493
Case Laws GST
Voluntary tax payment under fraud proceedings does not remove statutory interest and penalty liability after allegations remain unchallenged.
Voluntary payment of tax demanded for fraudulent transactions under Section 74 does not remove consequential liability for interest and penalty where the taxpayer neither disputes the original notice nor challenges the basis for invoking Section 74. Acceptance of the tax demand without objection amounts to acquiescence in the notice's allegations and findings, so no further determination of fraud is required. Subsequent proceedings limited to computing and recovering interest and penalty remain valid. Tax payment alone does not establish non-compliance with Section 74(5) or defeat interest and penalty leviable under Section 74(9).

2026 (9) TMI 1494
Case Laws GST
Successive writ petitions fail when withdrawal without liberty abandons the remedy and statutory GST appeal remains unpursued.
Successive writ petitions challenging the same adjudication order are not maintainable where an earlier petition was withdrawn without liberty to file afresh. The public-policy principle underlying withdrawal of proceedings treats such withdrawal as abandonment of the Article 226 remedy for that cause of action; altered grounds cannot support identical relief. Availability of the statutory GST appellate remedy also weighs against exercise of writ jurisdiction, particularly where it was not pursued promptly and the delay in approaching the court is unexplained. These principles preclude a later writ petition against the same adjudication order.

2026 (9) TMI 1495
Case Laws GST
Natural justice requires fresh merits adjudication when an overlooked portal notice and absent hearing prevent an effective response.
Natural justice requires an effective opportunity to respond where a show-cause notice is uploaded on an additional notices portal and no personal hearing is notified. A notice that could genuinely be overlooked, together with a hearing marked not applicable and an order issued without considering a response or supporting documents, requires fresh adjudication on merits. Limitation should not be used to reject the affected parties' contentions in these circumstances; they should be permitted to file their response and supporting material.

Withdrawal of a writ petition without liberty to file afresh abandons the Article 226 remedy for the same cause of action, although it does not create res judicata. Applying the public-policy principle underlying Order XXIII Rule 1 CPC to writ proceedings, the High Court treated a later GST challenge seeking substantially identical relief against the same adjudication order as non-maintainable. Altering the grounds did not create a fresh basis for relief. The unavailed statutory appellate remedy and unexplained delay in invoking writ jurisdiction further supported dismissal; pending interlocutory applications were disposed of.

Voluntary payment of tax demanded under an unchallenged show-cause notice alleging fraudulent transactions amounts to acquiescence in the notice and admission of its allegations. Once tax is paid without objection to the invocation of section 74, no separate finding of fraud is required for consequential interest and penalty. Payment does not permit the taxpayer to later deny that liability, and the procedure does not breach section 74(5). The interest and penalty demand therefore remains enforceable.

Pre-trial detention in CGST prosecutions is non-punitive and serves to secure the accused's attendance at trial, subject to the presumption of innocence and the right to a speedy trial. Bail may be appropriate where investigation is complete, a complaint has been filed, no criminal antecedents or risks of absconding, witness intimidation or evidence tampering are shown, and trial completion is unlikely within a reasonable time. Parity with co-accused already released on bail may also support release. Bail conditions should secure attendance and preserve trial integrity.

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