Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
Filter Across TMI
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • DTAA
  • Benami Property
  • GST
  • GST - States
  • Customs
  • DGFT
  • SION
  • SEZ
  • FEMA
  • Companies Law
  • SEBI
  • IBC
  • Law of Competition
  • LLP
  • Partnership Firms
  • Trust and Society
  • Money Laundering
  • Labour laws
  • Bharatiya Nyaya
  • Indian Laws
  • F. Acts / Amendment Acts
  • Bills
  • Wealth-tax
  • Service Tax
  • Cenvat Credit
  • Central Excise
  • Central Sales Tax
  • VAT - Delhi
Category:
---- All Categories ----
  • ---- All Categories ----
  • Case Laws
  • Acts / Rules
  • Notifications
  • Circulars
  • Forms - Annexure
  • Tariff / Classification
  • Duty Drawback
  • Schedules / SION
  • Discussion Forum
  • Highlights
  • Articles
  • Manuals / Reckoners
  • News / Feed
  • Short Notes
  • TMI Info
From Date:
To Date:
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Search Across Website
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
2014 (3) TMI 1254
Case Laws Indian Laws
Defective prosecution sanction cannot halt ongoing corruption proceedings unless the defect demonstrably causes a failure of justice.
Defects in prosecution sanction, including error, omission, irregularity or lack of competence of the sanctioning authority, do not vitiate criminal proceedings under Section 19(3) of the Prevention of Corruption Act and Section 465 of the Code of Criminal Procedure unless they cause a failure of justice. This protection applies during ongoing proceedings; prosecution cannot be stayed or quashed mid-course merely because sanction is challenged. Allegations that sanction was granted mechanically or without considering relevant material ordinarily require evaluation after trial evidence is recorded. Interdiction of prosecution on sanction defects is therefore impermissible absent an established failure of justice.

FEMA / RBI
Dated:- 25-8-2026
PTI
Foreign-exchange conditions reflected a marginal weakening of the rupee against the US dollar, influenced by elevated crude-oil prices, importer demand for dollars, weaker Asian equities and geopolitical uncertainty. The currency remained within a narrow trading band, with RBI dollar sales described as moderating sharper depreciation. The RBI's special USD-INR forex swap facility for FCNR(B) deposits, Overseas Foreign Currency Borrowings and External Commercial Borrowings mobilised substantial foreign-exchange inflows, indicating support from non-resident Indian participants.

Circular No. 20/20/2017-GST Dated:- 22-11-2017 Gujarat SGST Dated:- 22-11-2017 Gujarat SGST
Terracotta idols are treated as idols made of clay because terracotta is clay-based material. They are therefore covered by the nil-rate entry applicable to clay idols under the relevant State Tax (Rate) notification. Implementation difficulties may be brought to the notice of the Commissioner of State Tax.

Circular No. Corrigendum to Public Notice No. 27/2026-2027 Dated:- 24-8-2026 Public Notice Dated:- 2...
Tariff Rate Quota imports of raw sugar must be converted into white/refined sugar and sold in the domestic market within a period not exceeding two months from the date of filing the bill of entry. This replaces the earlier requirement to process the imported raw sugar within a reasonable period and sufficiently before a specified date for domestic sale. All other applicable terms and conditions remain unchanged.

Circular No. 21/21/2017-GST Dated:- 22-11-2017 Gujarat SGST Dated:- 22-11-2017 Gujarat SGST
Inter-state movement of rigs, tools, spares and goods on wheels, including cranes, between distinct persons is neither a supply of goods nor a supply of services when the movement is not for further supply of the same goods. No IGST applies to such movement, including movement for repairs or maintenance. Applicable GGST, CGST or IGST remains leviable on the repairs and maintenance services performed.

Circular No. Circular No. 4 Dated:- 3-1-2018 Gujarat SGST Dated:- 3-1-2018 Gujarat SGST
Manual GST refund processing applies to accumulated input tax credit from inverted duty structure, deemed exports and excess electronic cash ledger balances until the portal module is available. Applications in FORM GST RFD-01A require prescribed periodic returns, supporting statements and, where applicable, undertakings. Deemed-export claims may be made by the supplier or recipient subject to reciprocal non-claim undertakings. Rejected debits are re-credited to the electronic credit ledger, while Central and State tax authorities coordinate payment of their respective sanctioned components. Accumulated input tax credit refund is unavailable where GST drawback has been availed.

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.

Proceedings Beyond Death - Notice Must Reach the Living
Articles Goods and Services Tax - GST
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).

SEARCH & SEIZURE IN GOODS AND SERVICES TAX
Articles Goods and Services Tax - GST
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.

LIMITATION FOR REFUND OF CUSTOMS DUTY
Articles Customs - Import - Export - SEZ
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.

2026 (8) TMI 1450
Case Laws Indian Laws
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.

2026 (8) TMI 1451
Case Laws Central Excise
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.

2026 (8) TMI 1452
Case Laws SEBI
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.

TMI Search

Back

All TMI Search

Showing Results for :
Reset Filters
No Records Found

TMI Search

Back

All TMI Search

whatsapp Join Channel
Showing Results for : Reset Filters

Topics

Acts Income Tax