Advanced Search Options : ❯
By: - K Balasubramanian
GST Council meeting frequency is examined against the requirement to hold at least one meeting in every financial-year quarter. The commentary identifies recurring quarters without meetings and urges regular quarterly meetings to address GST issues promptly. It also seeks reconsideration of registration thresholds, removal of blocked input tax credit restrictions for real-estate developers and builders, restraint in imposing maximum general penalties for curable procedural lapses without tax short-payment, and consistent, higher-quality adjudication to reduce avoidable litigation.
By: - ARCHANA JAIN
GST and excise classification of goods is governed by the common parlance test where a tariff entry uses ordinary commercial language without statutory or technical definition. Soft serve may fall within ice cream and other edible ice when consumers and trade identify it as ice cream. Technical standards, composition ratios and scientific material prevail only where the tariff or its notes expressly employ technical criteria. Food-safety definitions and quality thresholds cannot be mechanically imported into fiscal classification because regulatory quality-control laws and tax tariffs serve different purposes.
By: - Raj Jaggi
Section 93 preserves GST liability after a taxable person's death but changes the person against whom it may be enforced. If business is discontinued, a legal representative is liable only from the inherited estate and only to its available extent. Proceedings must therefore be initiated against the legal representative through notice, hearing, and inquiry into the estate; they cannot continue against the deceased proprietor. Separately, retrospective Section 16(5) relief must be considered in pending matters where its conditions for input tax credit are met, notwithstanding an earlier denial under Section 16(4).
By: - Dr. Sanjiv Agarwal
GST search and seizure requires a Joint Commissioner-level or higher proper officer to have reasons to believe that confiscable goods or material useful or relevant to proceedings is secreted at any place. Search may be conducted personally or through an authorised officer and can cover premises of any person, including houses, offices, buildings and vehicles. Authorised officers may seize relevant goods or material and, upon denial of access, seal or break open premises, electronic devices, boxes or receptacles suspected to contain concealed items. Authorisation is issued in FORM GST INS-01 and seizure orders in FORM GST INS-02.
By: - Bimal jain
Wrong-head GST payment occurs when IGST is paid on supplies later identified as intra-State supplies attracting CGST and SGST. Section 77(2) of the CGST Act excludes interest on the corresponding correct-head liability. Read with Rule 92 of the CGST Rules, the framework supports adjustment of tax paid under the incorrect head against outstanding liability under the correct head, with an adjustment order in FORM GST RFD-07. The approach treats inadvertent misclassification as revenue-neutral and avoids duplicate tax recovery, interest, or penalty, subject to verification of the supply classification and tax already remitted.
By: - DR.MARIAPPAN GOVINDARAJAN
Customs-duty refund claims under section 27 must generally be filed within one year. Where duty becomes refundable because of an appellate order, limitation runs from that order's date. Claimants must ordinarily show that duty incidence was not passed on, failing which the amount is credited to the Consumer Welfare Fund, subject to exceptions. A refund sought more than one year after appellate relief against finalised provisional export assessments is treated as time-barred; a pending departmental challenge does not change the limitation trigger.
By: - YAGAY and SUN
Temporary trade-facilitation measures allow foreign-destination cargo diverted to Indian ports to be unloaded, stored, handled, repacked where necessary, and transhipped or re-exported under Customs control. Full Container Load, Less than Container Load, liquid bulk, break bulk and solid/dry bulk cargo are covered, subject to prescribed conditions. Safeguards include approved custodians, inventory records, bonds or undertakings, quantity verification, Customs supervision and secure inter-station movement. The cargo cannot be cleared for home consumption or diverted into the Domestic Tariff Area.
By: - YAGAY and SUN
Personal postal imports through Foreign Post Offices are processed through an electronic, risk-based procedure using the FPO Import Application and the Risk Management System. Electronic Advance Data may permit pre-arrival assessment, while physical examination is generally limited to risk-selected or otherwise identified articles; reasons for examining facilitated articles must be recorded. Document Call Letters should be specific and consolidated. Where no adequate response is received within 30 days, assessment may proceed on available information. Delivery requires a Customs clearance order and payment or realisation of applicable duty. Commercial postal imports remain outside this procedure.
By: - YAGAY and SUN
ISO 31010:2019 guides the selection and application of risk assessment techniques within risk management processes aligned with ISO 31000:2018. Risk assessment comprises identification, analysis, and evaluation of risks, including their sources, causes, likelihood, consequences, and existing controls. Organisations select methods according to objectives, risk complexity, information availability, industry requirements, and decision-making needs. Techniques include brainstorming, checklists, FMEA, HAZOP, fault and event tree analysis, Bow-Tie Analysis, risk matrices, Monte Carlo simulation, and scenario analysis. Implementation requires documented assessments, periodic review, suitable expertise, and adaptation to changing conditions.
By: - YAGAY and SUN
Hoshin Kanri aligns long-term organizational vision with measurable strategic objectives, departmental targets, action plans and daily employee activities. It emphasizes focused breakthrough objectives, catchball-based two-way communication, accountability through tools such as the X-Matrix, and performance monitoring through key performance indicators. Progress is regularly reviewed, with corrective action and plan modification where targets are not achieved. Effective use depends on leadership commitment, clear communication, limited priorities and adequate measurement systems, supporting coordinated execution and continuous improvement across manufacturing and service functions.
By: - YAGAY and SUN
Just-in-Time (JIT) requires goods, materials and components to be produced or delivered only in the quantity and at the time required by actual demand. It reduces inventory, overproduction, storage costs, delays, defects and other waste through demand-based production, continuous workflow, supplier collaboration and quality control at every stage. Successful adoption requires reliable supply networks, accurate forecasting, flexible operations, employee training, quality management and digital inventory tools. In manufacturing and services, JIT can improve resource utilisation, responsiveness, productivity and sustainability.
Service-rule amendment power includes rescission, while non-tabling without prescribed consequences does not invalidate an otherwise valid promotion-rule change.
Statutory power to frame service rules includes power to amend, vary or rescind them under Section 21 of the General Clauses Act. Deletion of the promotion bar for technical employees was valid because it was ordered by the Registrar; communication by the Additional Registrar did not affect the exercise of that authority. A legislative laying requirement using "shall" is directory where it prescribes no consequence for non-compliance and does not make tabling a condition precedent to operation. Accordingly, non-tabling before the Legislative Assembly did not invalidate the amendment, and the employee's promotional status, seniority, consequential benefits and partial back wages were restored.
Reasoned refusal of low-value penalty appeals remains mandatory; monetary limits alone cannot justify non-admission.
The second proviso to Section 35B(1) permits the Appellate Tribunal to refuse admission of specified appeals involving a fine or penalty within the prescribed monetary limit, but does not remove its duty to give reasons. As a statutory quasi-judicial forum, the Tribunal must consider the appeal on its merits and record why admission is unwarranted. A refusal based solely on the monetary limit, without reasoned consideration, is invalid; the matter was resolved in favour of the assessee.
Pre-litigation mediation exemption applies where commercial suits genuinely require urgent disclosure and asset-protection interim relief for affected investors.
Section 12A requires pre-litigation mediation before a commercial suit unless the suit genuinely contemplates urgent interim relief. Urgency requires a holistic assessment of the suit's nature, subject matter, cause of action and pleaded circumstances from the plaintiff's standpoint; an interim-relief prayer cannot merely circumvent mediation. Urgent disclosure and asset-protection relief was warranted where investors alleged misappropriation, asset details had not been updated, and claims were received and aggregated over time. The commercial suit therefore fell within the urgent-interim-relief exception, and non-compliance with pre-litigation mediation did not require rejection of the plaint.
Proportionate Customs Broker discipline permits monetary penalty over licence revocation unless discretion is arbitrary, perverse, or unlawful.
Under the Customs Brokers Licensing Regulations, 2013, disciplinary authorities must assess proven breaches and impose proportionate consequences. Appellate interference with a discretionary decision to levy a monetary penalty instead of revoking a Customs Broker licence is limited to arbitrariness, perversity, or legal error; an appellate body cannot substitute its preferred view merely because another outcome is possible. Licence revocation, which affects business operations and livelihood, is not automatic for every regulatory breach. Proven misconduct must support the sanction, as suspicion alone cannot establish liability. In the absence of arbitrariness, perversity, or legal infirmity, a monetary penalty rather than licence revocation remains sustainable.
Prospective customs notification amendments cannot defeat provisional release requests for goods shipped before the amendment took effect.
Prospective operation of a customs notification amendment prevents its use to deny consideration of provisional release where shipment occurred before the amendment took effect. The Bill of Lading date is treated as the shipment date, consistent with the departmental position in similar matters. A request for provisional release under Section 110A of the Customs Act must therefore be considered under the pre-amendment position; goods may be released on compliance with lawful conditions. Determination of the applicable duty rate remains subject to independent statutory adjudication.
Renewable Energy Certificate proceeds are capital receipts, excluded from eligible business profits and minimum alternate tax book profit.
Renewable Energy Certificate sale proceeds are capital receipts because they arise from regulatory incentives for clean-energy generation and environmental protection, rather than from production, sale of goods, services, or operational activities of an eligible undertaking. They therefore do not constitute profits derived from eligible business for deduction under section 80IA and are not taxable as business income. Retaining their character as non-taxable capital receipts, such proceeds must also be excluded from book profit for minimum alternate tax under section 115JB.
Associated Enterprise status and internal CUP analysis require statutory control tests, material price differences, and reliable comparability adjustments.
Associated Enterprise status under section 92A requires the foundational test of direct or indirect participation in management, control or capital; the circumstances listed in section 92A(2), including commercial dependence or distributor exclusivity, do not independently establish that status. Internal CUP comparability does not require identical contractual terms. Contractual differences must be assessed for their material effect on price, and reasonably accurate, objectively verifiable adjustments must be considered under Rule 10B(3). Where CUP cannot be reliably applied after that assessment, the most appropriate method must be selected independently under section 92C and Rules 10B and 10C for royalty benchmarking.
Entity-level TNMM benchmarking prevents separate management-fee adjustments absent distinguishing facts, while refunds, TDS credit and interest require verification.
Entity-level benchmarking under the Transactional Net Margin Method supports deletion of a separate management-fee transfer-pricing adjustment where the entity margin is at arm's length and no distinguishing facts exist from earlier years. Customs and VAT/GST refunds recorded as balance-sheet items, rather than expenses claimed in the relevant year, require factual verification before being treated for tax purposes. Claimed short TDS credit must be verified and allowed to the extent eligible after giving the taxpayer an opportunity. Aggregate interest under the applicable interest provisions requires recomputation with a clear provision-wise breakup to permit verification.
Interest deduction under section 57 is not capped by annual interest income where borrowings retain an income-producing nexus.
Interest expenditure on historical borrowings remains deductible in full under section 57 where the borrowings retain a real nexus with income-producing investments or assets assessable as income from other sources. An oral interest-payment arrangement may be established through the parties' conduct, past treatment and surrounding material; lack of written documentation does not by itself make the liability contingent. Conversion of investments into sale proceeds or fixed deposits does not sever that nexus. Section 57 imposes no arithmetical cap limiting deductible interest to interest income earned in the same year, though year-wise quantification and separate statutory disallowances continue to apply.