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2019 (3) TMI 2114
Case Laws Income Tax
Trial-run receipts remain capital and offset pre-operative costs, alongside limits on exempt-income disallowance and trademark depreciation.
Trial-run sale proceeds generated before commercial production and directly connected with setting up a new plant are capital receipts, adjustable against capitalised pre-operative expenditure rather than revenue income. Where own funds exceed investments capable of yielding exempt income, interest disallowance is not attracted; a voluntary administrative-expense disallowance need not be enhanced without a basis. An acquired trademark qualifies for depreciation when ownership passes under an assignment agreement and it is used, wholly or partly, despite the transferor's limited transitional licensed use to dispose of stock.

Notification No. F.17 (134) ACCT/GST/2017/P.- II-1613-5799512 Dated:- 17-8-2026 Rajasthan SGST
Registration of rent and lease agreements is mandatory for GST registration and amendment where a principal or additional place of business is occupied on rent or lease in Rajasthan. Because State law requires registration of rent or lease agreements for every period, an unregistered agreement is not sufficient for such GST purposes. Electronic registration may be initiated through the e-Panjiyan Portal, followed by examination of admissibility, verification through physical or electronic modes, statutory and stamp-duty scrutiny, and digital endorsement upon satisfaction of all legal and procedural requirements.

Circular No. Bikri-kar/Vividh-28/2018/748 Dated:- 28-4-2020 Bihar SGST Dated:- 28-4-2020 Bihar SGST
Job work services under Heading 9988 cover treatment or processing of goods belonging to another registered person and attract the concessional rate applicable to that entry. Manufacturing services on physical inputs owned by others apply where the goods are owned by persons other than registered persons. This category excludes job work and remains subject to the rate prescribed for manufacturing services, preserving separate classification based on the ownership status of the goods.

Circular No. 41/2026 Dated:- 3-9-2026 Circular Dated:- 3-9-2026 Circular
National Assessment Centre (NAC) Portal creates a common digital repository for customs assessment information, including NAC decisions, legal precedents, CAAR rulings, advisories, audit observations, and material on classification, valuation and related matters. The portal supports transparent access, consistent assessment practices, informed compliance and trade facilitation. Each NAC has role-based access to upload, update and manage information within its allocated functional domain and must regularly update the repository. Commodity issues raised for guidance or assessment uniformity before CCFC or PTFC require priority updating.

2024 (2) TMI 1682
Case Laws Income Tax
Revised return assessment requires a fresh scrutiny notice; reliance on notice for the original return invalidates assessment.
A valid revised return under section 139(5) substitutes the original return and becomes the final return for assessment. Since notice under section 143(2) is return-specific, an assessment under section 143(3) must be preceded by a notice issued in respect of the revised return relied on for assessment. A notice issued for the original return does not meet this requirement once a valid revised return has been filed and accepted. Failure to issue a fresh notice is an incurable jurisdictional defect, rendering the assessment without jurisdiction and invalid.

Notification No. S.O. 4849 (E) Dated:- 31-8-2026 Special Economic Zone
De-notification of 15.59989 hectares from the sector-specific Special Economic Zone for an Apparel Park at Khokhra, Ahmedabad, Gujarat, is effected under section 4(1) of the Special Economic Zones Act, 2005, read with rule 8 of the Special Economic Zones Rules, 2006. The resultant Special Economic Zone area is 4.81501 hectares. The released land parcels are to be used for infrastructure creation that supports the objectives originally envisaged for the Special Economic Zone.

Notification No. S.O. 4870(E) Dated:- 2-9-2026 Foreign Exchange Management
Schedule I permits an e-commerce entity to use an inventory-based e-commerce model exclusively for exporting goods or products manufactured or produced in India, subject to the Foreign Trade Policy 2023, the Handbook of Procedures, and the Foreign Exchange Management (Export of Goods and Services) Regulations, 2015. Business-to-consumer and inventory-based e-commerce restrictions under serial numbers 15.2.1 to 15.2.4 do not apply to such permitted exports.

Circular No. Bikri-kar/Vividh-28/2018/746 Dated:- 28-4-2020 Bihar SGST Dated:- 28-4-2020 Bihar SGST
Bihar's GST refund framework requires specified refund claims to be filed and processed electronically through FORM GST RFD-01. ARN generation marks filing after required uploads and ledger debit, and starts the period for electronic acknowledgement or deficiency memo. Deficiencies require a fresh claim and automatic re-credit of debited amounts. The assigned tax authority issues sanction and payment orders for all tax heads, with payment routed through PFMS after bank-account validation. Unutilized ITC refunds depend on prescribed records, eligibility, credit-ledger balances and formula-based limits; rejected ITC may be re-credited subject to an undertaking against appeal or final appellate resolution.

Customs, DGFT & SEZ
Dated:- 5-9-2026
Free Trade Agreement utilisation is to be advanced through coordinated action by central and state governments, sectoral ministries, Export Promotion Councils, industry associations and local export-support institutions. Preferential treatment is assessed against tariff rates faced by competing countries, while export competitiveness depends on scale, quality, customer trust and timely delivery. The Export Promotion Mission supports export credit, digitised compliance and FTA documentation, including rules-of-origin certification. District-level identification of products, clusters, new exporters and practical constraints, supported by workshops and rapid online facilitation, is intended to deepen market access.

Customs, DGFT & SEZ
Dated:- 5-9-2026
Automotive-sector localisation, export expansion and global-standard manufacturing are prioritised to strengthen India's role in global production and trade. Companies are urged to invest in technology, innovation, research and development, use domestic scale for overseas markets, and avoid supplying inferior products domestically. Trade agreements are positioned as channels for market access, technology absorption and exports. Greater indigenisation is encouraged through component localisation, technology collaborations and expanded exports, supported by critical minerals, batteries, indigenous energy sources, research funding, plug-and-play infrastructure and industrial ecosystems.

News and Press Release
Dated:- 5-9-2026
Memorandum of Understanding for circular textile procurement links certification, standardisation and public-market access for recycled and upcycled products made from textile waste, scrap and second-hand clothes. The Textiles Committee will identify, verify, certify and recognise eligible producers and support specifications, catalogues and capacity building. Government e Marketplace will create dedicated product categories, onboard sellers, facilitate online market linkages, promote products to government buyers, and provide training and handholding to recyclers and upcyclers.

Customs, DGFT & SEZ
Dated:- 5-9-2026
India-EU Free Trade Agreement is presented as reducing or removing tariffs on more than 95 per cent of Indian and European goods exports while protecting sensitive sectors on both sides. It is intended to expand trade, investment and economic resilience, with the Port of Antwerp-Bruges serving as a major gateway for Indian exports into European markets. India-Belgium cooperation is identified in gems and jewellery, semiconductors, green hydrogen, advanced manufacturing, agriculture and food processing, supported by mutual recognition, workforce mobility, skills development and technology collaboration.

Circular No. Bikri-kar/Vividh-28/2018/747 Dated:- 28-4-2020 Bihar SGST Dated:- 28-4-2020 Bihar SGST
Input tax credit on supplier-unuploaded invoices or debit notes is restricted, while import IGST, reverse-charge documents, input service distributor credit, and other credits outside supplier-upload obligations remain available subject to eligibility conditions. The restriction is determined by taxpayer self-assessment on a consolidated, not supplier-wise, basis. Credit on unuploaded invoices cannot exceed 20 per cent of otherwise eligible credit reflected in supplier-uploaded details by the relevant reporting due date. Balance credit may be claimed in later months as suppliers upload invoice details, subject to the aggregate cap.

Corp. Laws, SEBI & IBC
Dated:- 5-9-2026
Corporate Mitra Course has commenced to develop trained and certified paraprofessionals capable of providing affordable business and regulatory compliance support to Micro, Small and Medium Enterprises. The 12-month programme includes six months of structured academic learning and six months of on-the-job training in professional firms. Its digital learning system offers recorded lectures, reference materials, assessments and learner-support facilities. The programme aims to strengthen MSME formalisation, ease of doing business, trust, transparency, accountability and orderly growth.

News and Press Release
Dated:- 5-9-2026
NFRA has constituted an Advisory Committee on Audit Quality, Assurance and Technology under Rules 15 and 16 of the National Financial Reporting Authority Rules, 2018. The Committee will provide expert inputs and suggestions on matters significantly affecting audit quality, while supporting functions relating to awareness of auditing and accounting standards. Its members represent professionals, chief financial officers, audit committees, independent directors, technology experts, regulators and industry.

By: - K Balasubramanian
GST appellate advocacy requires comprehensive factual and legal preparation where a fraud-based demand mechanism is invoked. Invocation of section 74 requires material evidence of fraud, wilful misstatement, or suppression of facts with intent to evade tax; mere non-payment is insufficient. Retrospective cancellation of a supplier's registration does not by itself establish recipient fraud where supplies were made during active registration, payments were through banking channels, and GST return data was available. Parties should advance all grounds, including objections to a single notice spanning multiple financial years, supported by departmental guidance and current High Court authority.

By: - YAGAY and SUN
ISO 45001:2018 establishes an Occupational Health and Safety Management System framework requiring organisations to identify workplace hazards, assess risks, implement controls, meet applicable legal obligations, promote worker participation and continually improve safety performance. Through the Plan-Do-Check-Act cycle, organisations establish objectives and controls, provide resources and training, monitor incidents, inspections, compliance and audits, and address nonconformities through corrective action and management review. Operational measures may include safe procedures, engineering controls, personal protective equipment, contractor management, emergency preparedness and safe procurement.

By: - Dr. Sanjiv Agarwal
GST inspection, search and seizure require prescribed authorisation, seizure and prohibition forms, with inventory and custodial safeguards for seized goods. Provisional release requires a bond and bank-guarantee security covering applicable tax, interest and penalty; non-production permits encashment and adjustment. Perishable or hazardous goods may be released on payment of the lower of market price or tax, interest and penalty payable, while non-payment may result in disposal and adjustment of sale proceeds against dues.

By: - DEV KUMAR KOTHARI
Delayed deposit of Foreign Travel Tax is distinguishable from failure to pay where tax is remitted before a show-cause notice, even if deposited after the prescribed date. The statutory scheme separately imposes interest for delayed payment, while the penalty provision addresses failure to pay. Interest levied or paid for delay is treated as supporting an extended payment period. The prohibition of reformatio in peius prevents an appellant from being placed in a worse position merely for using an appeal or revision remedy.

2026 (9) TMI 341
Case Laws VAT / Sales Tax
Contractor material supplies become taxable sales when their value is recovered through deductions from final contractual payments.
Supply of cement and max fault to contractors, coupled with recovery of their value by deduction from final payments, constitutes a sale liable to tax. The governing principle treats the provision of materials to a contractor and corresponding adjustment against contractual dues as a sale transaction. The supplies were therefore taxable, and the issue was resolved against the assessee.

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