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Circular No. 13/13/2017-GST Dated:- 27-10-2017 Gujarat SGST Dated:- 27-10-2017 Gujarat SGST
Classification of unstitched salwar suit fabric under GST remains under the relevant fabric headings where fabric is merely cut from bundles or thans into pieces of varying lengths and packed for sale. Cutting and packing does not alter the character of the goods, including where purchasers subsequently have the pieces stitched. Such fabrics remain subject to GST at 5%, without refund of unutilised input tax credit.

1968 (10) TMI 117
Case Laws Indian Laws
Office of profit disqualification arose from continuing Railway counsel duties and contingent remuneration, despite a terminable engagement.
Electoral disqualification for holding an office of profit arises where an engagement creates a continuing position with attached duties and a possibility of remuneration, even if payment depends on work performed and the engagement is terminable. Inclusion on a Railway panel of lawyers met this test because it required continuing duties to monitor litigation, notify the administration, seek adjournments when instructions were absent, and refrain from acting against any Railway; the engagement therefore disqualified the member. In contrast, a gazetted appointment as President of an Improvement Trust Tribunal did not establish that the office was held without evidence of acceptance, assumption of charge, or performance of functions.

Circular No. PUBLIC NOTICE NO. 124/2026 Dated:- 21-8-2026 Trade Notice Dated:- 21-8-2026 Trade Notic...
Custodianship under the Customs Act is conferred on M/s. Apollo World Connect Ltd. for imported goods landed at Kamarajar Port, Ennore and received at its container freight station, until clearance for home consumption, warehousing, or transhipment. The entity is also appointed custodian of export cargo brought into its premises until export from that port. The custodian must comply with applicable customs provisions, cargo-handling regulations, rules, and instructions.

Circular No. PUBLIC NOTICE NO. 121/2026 Dated:- 21-8-2026 Trade Notice Dated:- 21-8-2026 Trade Notic...
Marine Infrastructure Developer Pvt. Ltd.'s premises at Kattupalli Village are declared a Customs Area under section 8(b) of the Customs Act, 1962. The area may handle imported FCL and LCL cargo arriving from Kamarajar Port, excluding passengers' unaccompanied baggage, and export cargo until export from the port. Cargo operations must comply with the Handling of Cargo in Customs Areas Regulations, 2009 and applicable public notices.

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 proper officer to have reasons to believe that confiscation-liable goods or records useful or relevant to proceedings are secreted at a place. Search may cover any premises or vehicle and may be conducted personally or through an authorised officer. On denial of access, authorised officers may seal or break open premises, electronic devices, boxes or receptacles where relevant goods or records are suspected to be concealed. Authorisation is issued in FORM GST INS-01 and seizure requires 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.

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