Fiduciary duties require directors to prioritise company interests, with civil and regulatory liability for breaches and nondisclosure.
Directors owe fiduciary duties to act honestly and in the company's best interests, exercising requisite care, avoiding conflicts of interest, and not delegating duties that require personal discharge. They hold governance rights (access to records, participation in board processes, remuneration and expense reimbursement, and collective appointment powers) necessary to fulfil stewardship. Breaches attract civil and regulatory liabilities, including enforcement for disclosure failures, repayment obligations, tax recovery where non-payment stems from gross negligence, prospectus misrepresentation exposure, and liability for fraud on the minority; indemnity or insurance may be used within statutory limits to manage such risks. (AI Summary)

Unutilized VAT credit eligible for transition to GST electronic credit ledger under Section 140 via prescribed transitional mechanism.
Section 140 of the TNGST Act permits transition of VAT or entry tax amounts unutilized in VAT returns into the GST electronic credit ledger. The transitional mechanism requires identification of legitimately earned pre-GST credits shown in VAT returns at switch-over and their migration into the electronic credit ledger, consistent with a purposive interpretation and recognised procedures for transitional filings. (AI Summary)

Pre-deposit requirement: pay from Electronic Cash Ledger when Electronic Credit Ledger is blocked due to ITC denial.
Where a dispute arises from denial of Input Tax Credit, amounts in the Electronic Credit Ledger cannot be applied to meet appellate pre-deposit obligations; the prescribed pre-deposit must be paid from the Electronic Cash Ledger. An appellant contesting ITC denial must furnish the required pre-deposit from cash ledger balances before prosecuting the appeal; use of blocked credit ledger balances does not satisfy the procedural requirement. (AI Summary)

Condonation of delay in GST appeals: limited discretion to extend filing by up to thirty days for sufficient cause.
Appeals from Authority for Advance Ruling orders must be filed within thirty days from receipt; the Appellate Authority may, on proof of being prevented by a sufficient cause, admit an appeal filed within a further period not exceeding thirty days. The computation begins on receipt, and the Appellate Authority, being a statutory forum, lacks power to extend limitation beyond that additional thirty-day ceiling. Case examples show condonation where delays were within the additional thirty days with supporting medical evidence, and refusal where delays far exceeded that limit. (AI Summary)

Intermediary status: marketing/recruitment consultants to foreign universities are not intermediaries and qualify as export when paid in convertible forex.
Services of marketing, recruitment and referral consultants supplied on a principal to principal basis to foreign universities are not an intermediary under Section 2(13) of the IGST Act because the provider renders its own main service and lacks contractual relations with prospective students; the foreign universities are the service recipients. The place of supply is the recipient's location under Section 13(2), and where payment is received in convertible foreign exchange the activity qualifies as an export of service under Section 2(6). (AI Summary)

Place of provision for outbound transport is the destination outside India, so freight margins fall outside service tax.
Rule 10 of the Point of Provision of Services Rules fixes the place of provision for transport of goods at the place of destination; for outbound shipments by air or sea the destination is outside India. Where a supplier contracts on a principal-to-principal basis (not as an intermediary) and arranges carriage by carriers, the service is governed by Rule 10 and the freight margin recovered from customers for outbound transport does not attract service tax. (AI Summary)

Writ of certiorari limited to correcting patent errors apparent on the face; concurrent factual findings not ordinarily reviewable.
A writ of certiorari is a discretionary supervisory remedy limited to correcting patent errors apparent on the face of proceedings; it does not normally permit re examination of concurrent factual findings. Conflicting revenue reports or evidentiary discrepancies do not by themselves require the higher court to prescribe trial procedure, and supervisory jurisdiction may allow aggrieved parties to pursue fresh substantive suits instead of overturning factual determinations. (AI Summary)

AI labeling requirements mandate persistent metadata, user consent notices, and permissions for significant platforms deploying under tested models.
MeitY advisories and complementary Indian instruments require significant platforms to avoid deploying under tested AI/LLM/generative systems without permission, prevent discriminatory or election impacting outputs, label AI generated text and media with persistent identifiers or metadata, provide clear consent notices to users about untrustworthy outputs, and comply with intermediary due diligence obligations under the IT Rules and IT Act, with potential liability for failure to remove unlawful content or observe content moderation and transparency requirements. (AI Summary)

Writ jurisdiction unavailable when alternate statutory remedies are not diligently pursued, despite limitation extensions.
Extraordinary writ jurisdiction under Article 226 cannot be used as a substitute for existing statutory appellate remedies when those remedies have not been efficaciously pursued. Section 107 of the BGST Act prescribes appeal periods and a limited condonation window; pandemic-related extensions affect the outer limit for filing. If an appellant fails to file within the extended limitation and does not diligently invoke condonation, writ relief is inappropriate and the statutory appellate framework governs challenges to decisions such as cancellation of GST registration. (AI Summary)

Reasonable accounting estimates recognised under company and tax law; warranty provisions allowable, excess treated as income.
Reasonable accounting estimates, including provisions for customer guarantees and warranties, are recognised under company and tax law and are allowable to determine taxable income when they reflect accrued or matched liabilities; excess amounts cease to be deductions and are treated as income when the liability no longer exists. Tax authorities should not arbitrarily disallow bona fide provisions, and courts have reaffirmed that reasonable estimated warranty liabilities are deductible subject to statutory exceptions. (AI Summary)

Share transmission by operation of law differs from voluntary share transfer in procedure, documentation, and stamp duty treatment.
A share transfer is a voluntary alienation effected by execution of the prescribed instrument (SH-4), delivery of share certificate/allotment letter to the company within the statutory period and payment of stamp duty, which extinguishes the transferor's liability. Share transmission occurs by operation of law on events such as death, insolvency or mental incapacity, requires successor documentation (death certificate, probate/letter of administration, succession certificate or official assignee proof and identity), does not require a transfer deed or stamp duty, and preserves existing obligations until recorded by the company. (AI Summary)

Duty to seek clarification: adjudicators must request specific additional information before dismissing tax-credit replies, or re-adjudicate.
The adjudicating authority cannot simply label an assessee's replies unsatisfactory without applying its mind; it must consider replies and supporting documents on their merits and, if further particulars are required, specifically request them. Failure to do so renders the order procedurally defective and warrants remittal for re-adjudication after affording the assessee an opportunity to supply the sought clarifications, particularly in input tax credit disputes. (AI Summary)

Mutual recognition agreements ease foreign manufacturer certification by admitting exporting country testing, while final conformity remains with importing NSB.
The FMCS places the obligation on foreign manufacturing factories to obtain a BIS licence through document scrutiny, on site inspection by BIS assessors, and testing at BIS accredited Indian laboratories; MRAs, particularly Bilateral Cooperation Agreements, permit acceptance of in country inspection and testing by the exporting country's NSB to support certification, though the importing NSB retains final discretion to grant the certificate, and BCAs remain limited in product scope and partner coverage. (AI Summary)

Appellate tribunal procedure: tribunals may regulate their own process, exercise civil-court powers while following principles of natural justice.
Section 111 empowers the Appellate Tribunal to regulate its own procedure, be guided by principles of natural justice and CGST law rather than the Code of Civil Procedure, and to exercise civil court powers such as summoning witnesses, compelling production of documents, receiving affidavit evidence, requisitioning public records, issuing commissions, and dealing with defaults and ex parte matters; its orders are enforceable as civil decrees and proceedings are deemed judicial for specific penal and procedural purposes. (AI Summary)

Competence of Adjudicating Authority: appellate bodies cannot validate orders issued by incompetent officers and must treat proceedings as void.
The Court held that the Order in Original and the show cause notice were issued and adjudicated by a Range Superintendent who was not a competent authority; acknowledgment of that incompetence in the appellate order did not cure the jurisdictional defect, and the appellate authority could not lawfully proceed to decide the appeal on merits where the foundational proceedings were vitiated by lack of authority. (AI Summary)

Personal hearing rights ensure noticees can seek adjournments, present submissions, and avoid ex parte adjudication.
Adjudication under GST requires issuance of a Show Cause Notice and a quasi judicial adjudicator must afford a personal hearing when requested or when an adverse decision is contemplated. Assessees should file replies, prepare additional written submissions, seek written adjournments if needed (noting limits on multiple adjournments), and attend hearings in person or via authorised representatives. Failure to attend may lead to ex parte adjudication; the hearing must be recorded in a proceedings sheet signed by the parties, and assessees should ensure all defences and documents are properly presented and recorded. (AI Summary)

Writ against nonfunctioning appellate authority: maintainable during vacancy, but appeal must be decided once the post is filled.
Writ jurisdiction is available where the appellate post is vacant and no effective appellate forum exists, permitting a petitioner to seek judicial intervention to obtain adjudication. Once the vacant appellate Position is filled through administrative orders, the writ becomes infructuous for compelling appellate determination and the appeal should be considered and decided by the duly appointed Appellate Authority. (AI Summary)

Input tax credit eligibility depends on meeting ITC conditions; supplier GSTR-1 timing can affect claimability.
The AAR ruled that ITC was disallowed because the supplier reported the motor vehicle supply in its GSTR-1 for an earlier month when the recipient was opting for a lower tax rate that precluded ITC; the AAR gave precedence to the supplier's statutory GSTR-1 filing over the recipient's physical invoice as evidence of time of supply. A contrary view emphasises that entitlement to credit depends on meeting the statutory conditions for input tax credit and that auto-population in GSTR-2B of an earlier period does not, by itself, bar claim of ITC. (AI Summary)

Surrender of TAN: follow prescribed procedural steps, notify authorities, submit application with supporting documents for cancellation.
Surrendering or cancelling a TAN requires adherence to Income Tax Department guidelines: identify the ground for cancellation (duplicate TAN or cessation of need), assemble required documents including the TAN allotment letter and identity/address proofs, notify relevant deductors, complete the prescribed surrender/cancellation application with reasons and current TAN, and submit the form with supporting attachments to the designated Income Tax office or authorised centre. Monitor the application and provide any additional information requested until a confirmation notice is issued. (AI Summary)

Adjudication principles under GST: procedural safeguards for show cause notices and taxpayer rights to reply and seek hearing.
Adjudication under GST is governed by Section 75, requiring adjudicating officers to act as impartial quasi judicial decisionmakers; proceedings commonly begin with a Show Cause Notice which must be carefully examined and answered, with full factual detail, legal grounds, and supporting documents, and with an expressed request for personal hearing where appropriate. (AI Summary)