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Refund of itc: statutory right or legislative concession?

Supreme Court Narrows Input Tax Credit Refund Scope, Emphasizing Legislative Discretion in GST Regime Under Section 54(3)
A legal analysis of Input Tax Credit (ITC) refund under GST reveals conflicting judicial interpretations. The Supreme Court strictly construes Section 54(3), limiting ITC refunds to specific scenarios involving zero-rated supplies and tax rate differentials. The court emphasizes that refunds are a legislative concession, not a constitutional right, and Parliament retains discretion in defining refund circumstances. This interpretation contrasts with a more permissive Sikkim High Court ruling, creating potential legal uncertainty regarding ITC refund eligibility.

Written by Karlegal

13 Jun 2025

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S.80jjaa- incentive for new and additional employment - must be further expanded, liberalized, and simplified to achieve its purpose.

Tax Breaks for Job Creation: 30% Deduction Offered to Businesses Expanding Workforce and Generating New Employment Opportunities
Section 80JJAA provides tax incentives for creating new employment. The provision allows a 30% deduction on additional employee costs for businesses that increase their workforce. Key recommendations include expanding the scope to professionals, increasing the monthly salary limit beyond Rs. 25,000, simplifying complex compliance requirements, and waiving certain conditions like provident fund participation. The goal is to promote employment generation and provide more flexible tax benefits for businesses creating new jobs.

Written by Devkumar kothari

13 Jun 2025

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The future role of accountants in indias gst regime - a technological shift over the next five years

Accountants in India Evolve: From Tax Compliance to Strategic Tech-Driven Advisory Roles Transforming Business Landscapes
The article examines the transformative role of accountants in India's GST regime over the next five years, highlighting the shift from traditional compliance to technology-driven strategic advisory. As AI, e-invoicing, and automated systems reshape tax administration, accountants must develop new skills in data analytics, technology integration, and business insights. The future accountant will be a tech-savvy advisor focused on strategic guidance, ethical data management, and value-added services rather than routine tax filing.

Written by Visahan kothandaraman

13 Jun 2025

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A landmark gesture in tax jurisprudence: kerala high court cites assistant commissioner hareendran’s order in gst case

Taxpayer Wins: Honest Tax Credit Mistake Doesn't Warrant Punitive Action Under GST Rules
A GST-registered dealer mistakenly classified Integrated GST (IGST) credit as Central and State GST in their tax filing. Tax authorities demanded credit reversal, but the Kerala High Court intervened. The court extensively quoted an Assistant Commissioner's order, recognizing that technical misclassification without revenue loss should not trigger punitive action. The judgment emphasizes substance over procedural form and highlights administrative competence in tax dispute resolution.

Written by Jayaprakash gopinathan

13 Jun 2025

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Simplifying post-export amendments: key highlights from circular no. 11/2025-customs

Automated Shipping Bill Amendments Streamline Export Processes Under Section 149, Enabling Electronic Post-Export Modifications Within One Year
A new customs circular introduces an automated mechanism for post-export amendments to shipping bills. The regulation enables electronic processing of changes under Section 149 of the Customs Act, with specific approval requirements for sensitive fields like port details, invoice value, and goods description. Exporters can file post-export conversions within one year, with provisions for scheme transfers and benefit reversals, aimed at simplifying export documentation and enhancing business efficiency.

Written by Yagay andsun

13 Jun 2025

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Streamlining global trade: cbic’s circular no. 09/2025-customs brings new ease to import and export through personal carriage.

Customs Circular Revolutionizes Personal Carriage Imports and Exports with Digital Documentation and Streamlined Clearance Protocols
The Central Board of Indirect Taxes & Customs issued Circular No. 09/2025-Customs to streamline import and export procedures through personal carriage. The directive covers goods transported via designated airports, mandating electronic processing of shipping documents, establishing clear procedures for importers and exporters, and introducing standardized customs clearance protocols. The circular aims to minimize logistics delays, digitize documentation, and enhance trade facilitation across key sectors like gems, jewelry, and industrial prototypes.

Written by Yagay andsun

13 Jun 2025

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Llp annual filing: process, e-filing & due dates

LLP Partners Must File Annual Forms 8 and 11 with MCA or Face Penalties and Risk Business Deregistration
LLP annual filing is a mandatory compliance requirement for limited liability partnerships in India. Entities must submit two forms annually: Form 8 for financial statements and Form 11 for partner details. The filing process involves preparing documents, logging into the MCA portal, uploading forms, attaching required documents, paying fees, and completing verification. Late filings incur penalties of Rs. 100 per day, with potential risk of being struck off if consistently non-compliant.

Written by Ishita ramani

12 Jun 2025

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Common mistakes while filing rodtep annual return

Exporters Must Precisely Calculate and Document RoDTEP Annual Returns to Avoid Claim Disqualification and Potential Penalties
Exporters filing RoDTEP Annual Returns must carefully navigate complex calculations and reporting requirements. Key areas of potential error include incorrect allocation of duties and taxes, miscalculation of fuel-related expenses, inappropriate electricity duty computation, and improper GST embedded in unregistered dealer purchases. Inaccurate reporting may lead to potential refund or surrender of RoDTEP claims, necessitating meticulous documentation and justifiable calculation methods.

Written by Shilpi jain

Co-Author Vinay kumar

12 Jun 2025

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Physical verification of business premises should be done in the presence of person

Procedural Flaws Invalidate GST Verification: Lack of Witness and Proper Documentation Leads to Registration Restoration
A GST department official conducted a physical verification of a business premises without a witness, finding the location locked. The high court ruled that such verification must be done in the presence of a person, with statements from nearby shop owners, and countersigned by witnesses. The court quashed the cancellation order, restored the business registration, and awarded costs, emphasizing procedural compliance in administrative actions.

Written by Bimal jain

12 Jun 2025

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Judicial scrutiny of epcg scheme compliance.

Export Promotion Capital Goods Scheme: Partial Duty Demands Upheld with Nuanced Interpretation of Export Compliance Requirements
A legal analysis of an Export Promotion Capital Goods (EPCG) scheme case involving customs duty and export obligations. The Customs, Excise & Service Tax Appellate Tribunal partially upheld duty demands related to export obligations while setting aside confiscation and penalty claims. The ruling emphasized strict compliance with import conditions, proper documentation, and good faith disclosure to avoid extended legal penalties.

Written by Yagay andsun

12 Jun 2025

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Definition of work and why do we work?

Understanding Work: More Than Income, a Pathway to Personal Growth, Societal Contribution, and Human Potential
Work is a purposeful activity involving mental or physical effort to achieve specific outcomes across various contexts. It serves multiple human needs beyond survival, including purpose, identity, personal growth, social connection, and societal contribution. Fundamentally, work provides income, meaning, and opportunities for individual development and collective progress, reflecting both economic necessity and personal fulfillment.

Written by Yagay andsun

12 Jun 2025

1 Replies

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How teams work: a clear and practical explanation.

Unlocking Team Potential: Navigating Collaborative Dynamics Through Shared Goals, Trust, and Adaptive Communication Strategies
Teams are collaborative groups with shared objectives, interdependent skills, and mutual accountability. Effective teams require clear goals, defined roles, open communication, trust, and constructive conflict management. They progress through developmental stages, adapting and learning continuously. Success depends on shared purpose, diverse skills, strong leadership, and a commitment to collective achievement across various organizational contexts.

Written by Yagay andsun

12 Jun 2025

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Smart hiring, strong teams: proven strategies to recruit and retain top talent.

Strategic Talent Acquisition: Seven Proven Methods to Transform Hiring, Attract Top Performers, and Build High-Performing Organizational Teams
A comprehensive guide to strategic talent acquisition and retention focuses on transforming hiring from a reactive to a proactive process. The article outlines seven key strategies: precisely defining roles, building talent pipelines, prioritizing cultural fit, using data-driven assessments, marketing positions effectively, implementing robust onboarding, and investing in employee retention. The approach emphasizes creating environments where top talent can thrive and contribute meaningfully to organizational success.

Written by Yagay andsun

12 Jun 2025

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Strict warning from fssai: misuse of ‘100%’ on labels will attract action.

FSSAI Cracks Down on Misleading "100%" Claims, Demands Proof and Transparent Food Labeling Practices
The Food Safety and Standards Authority of India (FSSAI) issued a strict advisory warning food business operators against using "100%" on product labels without substantiation. The regulatory body emphasized that such claims are undefined in existing regulations and can mislead consumers. FSSAI cautioned that unverified absolute claims, particularly in beverage labeling, violate fair advertising principles and may result in regulatory penalties. Businesses are directed to immediately review and revise product labels to ensure compliance.

Written by Yagay andsun

12 Jun 2025

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Legal analysis of circular no. 15/2025-customs: procedural reforms in air cargo and transhipment regime

Customs Reforms Slash Transhipment Fees, Modernize Air Cargo Logistics with Digital Platforms and Simplified Procedures
The Central Board of Indirect Taxes and Customs issued Circular No. 15/2025 introducing comprehensive reforms in air cargo and transhipment procedures. Key changes include abolishing transhipment permit fees, establishing a harmonized framework for temporary import of Unit Load Devices, implementing a national transhipment bond, and enabling electronic filing through digital platforms. The reforms aim to reduce compliance costs, streamline logistics operations, and enhance trade efficiency for high-value and sensitive cargo movements.

Written by Yagay andsun

12 Jun 2025

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Demand order cannot be passed without considering the reply and providing an opportunity of hearing

Corporate Tax Battle: Procedural Fairness Wins as Tech Firm Successfully Challenges Arbitrary Tax Demand Order
The Delhi High Court set aside a demand order issued by tax authorities against a technology company. The court found that the order was passed without considering the company's reply and without providing an opportunity for a hearing. The court directed the authorities to issue a personal hearing notice, review the submitted documents, and pass a fresh order. The case involves challenging certain GST notifications, with the final decision pending Supreme Court review.

Written by Bimal jain

11 Jun 2025

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Opc annual return filing for dormant companies

One Person Company Must File Annual Returns Annually, Even When Dormant, to Preserve Legal Standing and Avoid Penalties
One Person Company (OPC) must file annual returns even when dormant, maintaining legal status and avoiding penalties. The process involves applying for dormant status, preparing minimal financial statements, filing required forms online, and paying necessary fees. Timely compliance prevents fines, potential legal actions, and maintains eligibility for future government benefits or business revival.

Written by Ishita ramani

11 Jun 2025

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Defective income tax return – a ground for rejection of refund claim?

Minor TDS Discrepancy Cannot Justify Wholesale Rejection of Income Tax Return, Refund Rights Protected
A taxpayer filed an income tax return claiming a refund, which was not processed due to alleged defects in the return. The Centralized Processing Centre issued a notice for rectification. Despite filing a revised return, the revenue department did not process the refund. The Delhi High Court ruled that a minor discrepancy in Tax Deducted at Source cannot be grounds for completely rejecting a return. The court directed the revenue to process the refund application and affirmed the taxpayer's right to seek rectification.

Written by Dr.mariappan govindarajan

11 Jun 2025

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Analysis of the limitation period prescribed under section 107 of the cgst act, vis-à-vis applicability of section 5 of the limitation act, 1963

Judicial Scrutiny of GST Time Limits: Section 5 Limitation Challenges Spark Nationwide Legal Debate on Tax Appeals
Legal analysis of GST limitation period reveals a complex judicial debate regarding the applicability of Section 5 of the Limitation Act to Section 107 of the CGST Act. Multiple high courts have conflicting interpretations about whether delays beyond the prescribed four-month period can be condoned. Currently, most courts restrict extensions, emphasizing strict adherence to statutory timelines. The Supreme Court's pending decision will ultimately resolve this legal uncertainty, with significant implications for tax dispute resolution.

Written by Anuj bansal

11 Jun 2025

1 Replies

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Legal commentary on circular no. 14/2025-customs: substitution of "certificate of origin" with "proof of origin" under carotar, 2020

Origin Verification Overhaul: New Proof Requirements Streamline International Trade Documentation and Customs Compliance
A legal circular issued by the Central Board of Indirect Taxes and Customs introduces significant amendments to origin verification procedures. The key change involves replacing "Certificate of Origin" with "Proof of Origin", expanding documentation options under trade agreements. The modification centralizes verification processes through the Directorate of International Customs, standardizes signature and seal management, and provides broader recognition of self-declaration mechanisms in international trade documentation.

Written by Yagay andsun

11 Jun 2025

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