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RECENT DEVELOPMENTS IN GOODS AND SERVICES TAX
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
Departmental appeals from DGGI matters decided by a Common Adjudicating Authority require separate appeals for each taxpayer, filed by the respective jurisdictional Commissioner before the GSTAT Bench having territorial jurisdiction over that taxpayer. GSTAT has commenced or reorganised specified Benches, revised case classifications, released part-heard matters for reassignment, and required classification based on pleadings and legal issues. Proposed e-way bill enhancements, including final-recipient GSTIN capture and voluntary closure, are on hold until further notice; existing functionality continues unchanged.

By: - Raj Jaggi
Goods Transport Agency classification depends on the substance of the transport arrangement and whether a consignment-note-like document is issued, not on the transporter's status or the document's title. Records such as pay slips, freight slips, or route slips may qualify if they evidence goods movement and contain material particulars including vehicle details, goods description or quantity, origin, destination, and transporter acknowledgment. Individual truck owners are not automatically included or excluded. Under GST, the same enquiry applies, subject to the exclusion for specified electronic commerce operators connected with local delivery services.

By: - YAGAY and SUN
International trade compliance requires advance review of tariff classification, customs valuation, licensing, Rules of Origin, documentation and exemption conditions. Classification should be supported by technical specifications and written analysis, while customs value may include payments and costs beyond invoice price where legally connected to the imported goods. Preferential claims require independent origin verification and retained records. Importers and exporters should use pre-shipment documentation checks, monitor export obligations and policy changes, assess intellectual-property and geopolitical risks, and maintain internal compliance controls because legal responsibility remains with the trader.

By: - YAGAY and SUN
Customs dispute prevention depends on accurate tariff classification, commercially informed valuation, complete and consistent documentation, independent verification of Rules of Origin, and strict fulfilment of exemption conditions. Classification should be supported by technical and functional material, while valuation should consider all agreements and payments linked to imported goods. Businesses should maintain procedural controls for declarations, deadlines, authorisations, notices, and digital audit trails. Written compliance policies, periodic audits, employee training, centralised records, legal review of complex transactions, and cross-functional oversight help identify and correct weaknesses before assessment or post-clearance scrutiny.

By: - YAGAY and SUN
A service recipient may reject services only on objective legal grounds, particularly a material breach, significant deficiency, essential non-performance, fundamental delay, statutory or professional non-compliance, or fraud or misrepresentation affecting consent. Minor or curable defects, substantial acceptance and benefit, unsupported dissatisfaction, or contractual restrictions may make rejection unavailable and favour rectification, re-performance, price reduction, compensation or damages. Service-level agreements may prescribe performance standards and acceptance procedures, with remedies governed by their contractual terms.

By: - YAGAY and SUN
Customs and GST classification requires accurate product or service identification and application of the statutory hierarchy of tariff headings, Section Notes, Chapter Notes, and the General Rules for Interpretation. Classification of goods is supported by HSN Explanatory Notes, technical evidence, commercial understanding, and relevant legal principles, while GST service classification turns on the actual activity, principal supply, and composite or mixed supply rules. Businesses should document their analysis, monitor tariff and notification changes, and seek expert advice or advance rulings in doubtful cases, as incorrect classification may affect tax liability, exemptions, refunds, incentives, and compliance exposure.

Circular No. GST Circular No. 4/2021 Dated:- 24-5-2021 Rajasthan SGST Dated:- 24-5-2021 Rajasthan SG...
Revocation of cancelled registration may be applied for in FORM GST REG-21 within 30 days of service of the cancellation order. Where the application is delayed but remains within the extended period, the registered person must request extension by letter or email through the proper officer, stating grounds. The jurisdictional extension authority may allow it upon sufficient cause and recorded written reasons, and may grant a personal hearing before rejecting a request. The proper officer then processes the revocation application according to law.

News and Press Release
Dated:- 6-8-2026
Consolidated monthly accounts up to June 2026 report total receipts of Rs.10,49,243 crore, comprising net tax revenue, non-tax revenue and non-debt capital receipts. Tax devolution transfers to State Governments total Rs.2,63,336 crore. Total expenditure is Rs.13,57,076 crore, including revenue expenditure of Rs.10,16,818 crore and capital expenditure of Rs.3,40,258 crore. Revenue expenditure includes interest payments and major subsidies.

News and Press Release
Dated:- 6-8-2026
Illicit manufacture and trafficking of Alprazolam and Diazepam, psychotropic substances regulated under the Narcotic Drugs and Psychotropic Substances Act, 1985, were detected at a clandestine facility. Searches recovered finished and intermediary substances, together with raw materials and reaction mixtures used in manufacture, and the goods were seized under the Act. The manufacturer and an intended buyer were apprehended, with material indicating a proposed transaction for further illicit trafficking. Preliminary investigation indicated prior involvement in illegal drug production and trafficking.

2026 (8) TMI 319
Case Laws Indian Laws
Same-transaction test permits one FIR for conspiracy-linked cheating, while joint trial depends on factual nexus between alleged acts.
A single FIR may cover complaints by multiple victims alleging cheating arising from one criminal conspiracy when the alleged acts form part of the same transaction. The relevant assessment considers unity of purpose and design, proximity of time and place, and continuity of action; these indicators are not cumulative. Later complaints concerning the same cognizable occurrence may be treated as investigation statements rather than requiring a second FIR. Joint charges and trial depend on the Magistrate's assessment of the investigation material; separate trials are required where the acts lack the necessary factual nexus, subject to statutory joinder provisions.

2026 (8) TMI 320
Case Laws Indian Laws
Corporate cheque dishonour liability requires arraigning the company; later addition cannot cure a defective complaint against its signatory.
For cheque dishonour involving a company account, the company is the drawer and primary offender under the Negotiable Instruments Act. Vicarious liability of an authorised signatory, director, or person in charge arises only if the company is arraigned as an accused, making its inclusion a mandatory precondition. A complaint omitting the company has a fundamental defect and cannot validly support cognizance. Section 319 of the Code of Criminal Procedure cannot be used to add the company later to cure that defect after the limitation period for filing a complaint has expired; a fresh complaint must be filed within limitation or after condonation for sufficient cause.

2026 (8) TMI 321
Case Laws VAT / Sales Tax
Incomplete Form 38 entries alone cannot justify penalty without further material establishing a contravention by the dealer.
Penalty for incomplete transit documentation cannot rest solely on blank columns 7 and 8 of Form 38. Incomplete entries, without additional material indicating a contravention, do not justify an adverse inference against the dealer. Penalty under Section 54(1)(14) is therefore unsustainable where the only alleged defect is the failure to fill those columns, and the issue stands resolved in favour of the assessee rather than the Revenue.

2026 (8) TMI 322
Case Laws VAT / Sales Tax
VAT composition liability follows registered property sales, preventing tax on construction-stage advances contrary to binding advance rulings.
VAT under the composition scheme arises on execution and registration of the sale deed, not on advances received from prospective purchasers during construction, where a binding advance ruling so provides. The ruling under Section 67(4) binds Commercial Tax Department authorities, preventing an assessing authority from adopting a contrary interpretation. "Received or receivable" must be read with the requirement to discharge tax in the month the property sale is concluded and registered, based on the consideration in the initial agreement. Levying VAT on pre-registration advances would also undermine legal certainty and legitimate expectation and create impermissible double taxation.

2026 (8) TMI 323
Case Laws VAT / Sales Tax
Transfer of right to use identifiable payment terminals attracts VAT despite supplier ownership, maintenance duties and operational controls.
Separate rentals for Electronic Data Capture Terminal machines constitute consideration for transfer of the right to use goods where identified equipment is installed at merchant premises and made available for accepting customer payments. Retention of ownership, maintenance obligations, supervisory controls, restrictions on alteration or transfer, and deactivation rights do not negate the deemed-sale element. Service tax paid on a service component does not preclude VAT on the identifiable deemed-sale component. Undisclosed terminal-rental receipts were treated as taxable turnover, with statutory interest and penalty applying consequentially.

2026 (8) TMI 324
Case Laws VAT / Sales Tax
Contractual tax-payment disputes subject to an invoked arbitration clause must proceed through arbitration, not Article 226 writ jurisdiction.
Article 226 jurisdiction is ordinarily unavailable for recovery of a differential tax amount withheld under a private construction contract when the agreement contains an operative arbitration clause. The payment dispute remains within private contractual law, and, where arbitration has already been invoked, the claim for the deducted amount must be pursued before the arbitrator. Entitlement to the differential tax amount remains for arbitral adjudication rather than determination through a public-law remedy.

2026 (8) TMI 325
Case Laws Central Excise
Natural gas compression for transport is not manufacture when decompressed and sold as natural gas, eliminating consequential excise penalties.
Compression of natural gas into cascades solely to facilitate transportation does not constitute deemed manufacture where the gas is decompressed at customers' premises and sold as natural gas rather than CNG. Note 5 to Chapter 27 treats compression as manufacture only when undertaken to market the gas as CNG; accordingly, no excise duty, interest or company penalty arises under the stated arrangement. Personal penalties on the Chairman-CEO, being consequential to the unsustainable duty demand against the company, also do not survive.

2026 (8) TMI 326
Case Laws Central Excise
Cenvat credit on proforma invoices remains available when prescribed particulars and tax payment are established; extended limitation fails without suppression.
Cenvat credit is admissible where the taxable service was rendered, service tax was paid, and the supporting proforma invoice contained the material prescribed particulars; its label alone does not defeat credit, particularly when regular invoices subsequently cover the same service and tax. Recovery through the extended limitation period requires evidence of suppression. Disclosure of the credit in statutory returns, audit quantification of the disputed credit, and departmental knowledge of the relevant tax payments and invoices preclude extended limitation where no further investigation establishes suppression. Accordingly, the credit remains available and the proposed recovery is time-barred.

2026 (8) TMI 327
Case Laws Central Excise
Purchaser liability for coal cess and confiscation penalties depends on producer status and proven knowledge of confiscation risk.
Clean Energy Cess on removal of raw coal is imposed on the producer under the Clean Energy Cess Rules, 2010; purchasers who merely buy coal are not liable for that cess. Penalty for dealing with confiscation-liable goods requires, under Rule 26 of the Central Excise Rules, 2002, a finding that the person knew or had reason to believe the goods were liable to confiscation. Rule 25 applies to specified regulated categories and does not extend to ordinary purchasers outside those categories. In the absence of such a finding, purchasers of confiscated coal cannot be penalised, and penalties collected for release of the coal must be returned.

2026 (8) TMI 328
Case Laws Central Excise
Manufacture requires a new marketable article; customer-specific grouping and plugging of imported photocopier modules does not qualify.
Manufacture requires transformation into a new and distinct marketable article with a different name, character or use; labour, skill, value addition or processing alone is insufficient where the commodity remains commercially unchanged. Note 6 to Section XVI applies only when an incomplete or unfinished article with the essential character of a finished article is converted into the complete article. Where imported photocopier modules were already assessed as complete machines and warehouse operations were limited to unpacking, grouping, pinning and plugging modules for customer-specific dispatch, those operations did not amount to manufacture. Rule 2(a), being a classification rule, does not determine whether a later process constitutes manufacture.

2026 (8) TMI 329
Case Laws Service Tax
Road-work exemption and soil sales treatment defeated service-tax demand, while bona fide belief barred extended limitation.
Road construction and maintenance services performed for municipal and public works authorities fell within the road-related works exempt under Notification No. 25/2012-ST, based on supporting certificates and documents. Receipts for supply of soil represented a sale of goods and were not subject to service tax. A bona fide belief regarding the exempt or non-taxable nature of these receipts did not support invocation of the extended limitation period under Section 73(1). The service-tax demand, together with consequential interest and penalties, was therefore unsustainable.

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