Inclusion of recipient procured material in taxable value leads to GST on total contract value at applicable rate.
Under Section 15(2)(b) the taxable value must include amounts the supplier is liable to pay but which were incurred by the recipient and not included in the price; in works contracts the contractor must therefore add the cost of materials supplied by the contractee to the contract value and charge GST on the total. An advance ruling held that such contractees are government entities, the works contract attracts the standard works contract tax rate, and recoveries of cost recovered materials are not subject to reverse charge but must be included in the contractor's taxable value. (AI Summary)

Winding up of a company requires shareholder and creditor resolutions, appointment of an insolvency professional, and statutory filings to liquidate.
Voluntary winding up requires a shareholder resolution, a Statement of Affairs, publication and registry notice, appointment of an insolvency professional to verify creditors, realize assets and prepare a final report, and submission of that report to the adjudicating authority and registrar for dissolution; compulsory winding up is initiated by petition on statutory grounds, with court-appointed liquidation, investigation of books, creditor verification, asset realization, and distribution before striking the company's name from the register. (AI Summary)

Substantial question of law must be framed and reasoned before answering, or the judgment may be set aside.
Substantial question of law must be expressly framed by the High Court before it can be answered on appeal; the High Court may frame questions not in the appeal memo but must record reasons, and answers on issues not framed and reasoned are outside the appellate provision. (AI Summary)

GST on ROC filing fees: statutory ROC services are taxable unless specifically exempted, often collected under reverse charge.
ROC filing fees are charged for statutory regulatory functions performed by a public authority under the Companies Act. Under GST, government activities can constitute "business" and thus taxable supply unless specifically excluded by notification. Relevant exemptions in Notification No.12/2017 may exclude fees for non business entities, small turnover recipients, low value consideration, or registration under law; absent such exemption, GST may be payable under the Reverse Charge Mechanism u/s 9(3). (AI Summary)

Valuation of zero-rated supplies limits ITC refunds by capping export turnover to domestic comparable value, affecting LUT exporters.
The amendment redefines valuation for zero-rated supplies by making the turnover for refund purposes the lesser of export invoice value or 1.5 times the value of like goods domestically supplied by the same or a similarly placed supplier, altering the numerator for proportionate ITC refund calculations while total invoice sales remain the denominator. The change affects exporters using a Letter of Undertaking, creates evidentiary and comparability issues for pure exporters, and does not impact exporters who pay tax and claim refund of tax paid. (AI Summary)

Corporate governance reforms urge mandatory board codes and strengthened risk, audit, and compliance oversight for banks.
Corporate governance in banks must be reinforced by documented board responsibilities, a board-approved Code of Conduct covering directors and one level below, formal induction and annual training, and alignment of directors' duties with statutory fiduciary standards. Boards should constitute dedicated committees-including Governance & Compliance, NPA Management, Ethics, and IT/Cyber Security-conduct regular assessments and due diligence, and ensure that Risk, Audit and Compliance functions operate independently with coordinated reporting, frequent Audit Committee meetings, and structured performance-linked remuneration tied to risk and long-term strategy. (AI Summary)

Time limit for transitional GST credit: whether filing deadlines are mandatory or directory affects entitlement to carry forward input tax credit.
The issue is whether the statutory filing period for claiming Transitional input tax credit is mandatory or directory. Section 140 and implementing rules require a prescribed electronic declaration within a fixed period to carry forward pre GST credit, with limited extension mechanisms. Claimants argue portal failures and vested accruals justify a directory construction; revenue contends input tax credit is a concession subject to strict, time bound conditions. Courts have issued conflicting rulings, producing litigation and uncertainty pending authoritative resolution. (AI Summary)

Mediation under consumer protection enables referral to consumer mediation cells for settlement with empanelled mediators and written agreements.
Mediation may be directed by the consumer commission when elements of settlement exist, with referral to a consumer mediation cell staffed by an empanelled panel of mediators whose qualifications, training, fees and conduct are set by regulation. Certain categories of disputes are excluded from mediation. Mediators must disclose conflicts and conduct mediation in accordance with prescribed procedures; written settlements are reported to and recorded by the Commission. Panels last five years, agreements survive a party's death, and mediation cells must maintain records and submit quarterly reports. (AI Summary)

Anti profiteering powers expanded; limitation on scope of investigation may protect suppliers from broadened probes pending review.
Section 171 and Rules 126/133 empower an anti profiteering mechanism to require passing on tax reductions and to prescribe methodology and procedure; a 2019 amendment authorised suo moto investigations, added a specific penalty provision, and extended the investigation period. For periods predating the amendment, courts have constrained authorities from probing products beyond the complaint, and interim reliefs have been granted where broader data demands or expanded product range scrutiny were challenged. (AI Summary)

Quality management certification shows systematic compliance with regulatory and customer requirements and boosts operational efficiency.
ISO 9001:2015 establishes a framework for a Quality Management System requiring organizations to define, document and maintain processes, roles and responsibilities so products and services consistently meet regulatory and customer requirements. Certification requires an external audit by an accredited registrar and depends on documented process controls, supplier evaluation, traceable records of non conformities and management review, supported by core company documentation such as business scope, legal evidentiary documents, proof of premises, tax identity and authorised attestations. (AI Summary)

Non arbitrariness: administrative discretion must be exercised fairly and reasonably or face Article 14 scrutiny.
Article 14 mandates equality before the law by prohibiting arbitrary state action and requiring that discretionary powers be exercised fairly, reasonably and guided by relevant norms; non arbitrariness underlies legitimate expectation and natural justice (including audi alteram partem), government policy is reviewable if arbitrary or ultra vires, and classifications for taxation or regulatory purposes are permissible only if supported by an intelligible differentia and rational nexus to legislative purpose. (AI Summary)

Product liability establishes strict responsibility for manufacturers, sellers, and service providers to compensate consumers for harm.
Product liability under the Consumer Protection Act, 2019 makes manufacturers, sellers and service providers responsible for compensating consumers for harm from defective products or deficient services, defining product broadly and prescribing that liability may arise from manufacturing or design defects, deviation from specifications, breach of express warranty, or inadequate instructions or warnings; the Act delineates the roles and liabilities of product manufacturers, sellers and service providers and outlines limited exemptions where misuse, modification, expert supervision, employer warnings, or obvious dangers are present. (AI Summary)

Validity of show cause notices depends on prior DRC 01A intimation and jurisdictional sufficiency before adjudication.
Rule 142(1A) requires a proper officer to communicate ascertained tax, interest, and penalty in Part A of FORM GST DRC 01A and permit response or partial payment in Part B before issuing a FORM GST DRC 01 show cause notice under sections 73 or 74. Payment in response to DRC 01A can avoid penalty if accepted; if the officer is unsatisfied after Part B, normal adjudication via DRC 01 follows. High Courts ordinarily should not entertain writs at the intimation stage unless the notice is ex facie without jurisdiction, vague, or barred by statutory preconditions. (AI Summary)

Notice to deceased person invalid; reassessment lacks jurisdiction where no pending proceedings at death, legal heirs not obliged.
A notice issued to a deceased taxpayer that was not validly served on a living assessee or on a legal representative undermines jurisdiction and breaches principles of natural justice. Legal representative liability applies where proceedings were initiated or pending during the assessee's life and the representative steps into the deceased's position; absent such pre-existing proceedings there is no statutory duty on heirs to intimate death and procedural cooperation (such as uploading a death certificate) does not waive statutory notice requirements or cure service or limitation defects. (AI Summary)

Inclusion of interest in aggregate turnover under GST may affect registration and audit obligations, hinging on supply and exemption scope.
Whether interest income is included in aggregate turnover is contested. One view treats interest as an exempt supply that must be aggregated because aggregate turnover expressly includes exempt supplies and administrative rulings have so held. The opposing view contends interest receipts are not a supply-money is excluded from goods, services excludes money, and depositing money for interest lacks furtherance of business-so interest should not form part of aggregate turnover absent legislative clarification. (AI Summary)

Inter-state supply of goods: direct foreign to foreign shipments may be taxable unless excluded by non taxable territory rules.
The AAR found that IGST is triggered at importation when goods are brought into India and customs duties are levied; where goods never enter India, bill of entry will not be filed and IGST on importation does not arise. The AAR also treated direct supply from a foreign vendor to a foreign customer as an inter state supply whose place of supply is the destination outside the State and held it does not qualify as export of goods because the goods are not taken out of India. The author notes Schedule III Item 7 was not considered and may exclude such transactions from GST. (AI Summary)

Jharkhand levies a Covid 19 cess on mineral dispatches to fund pandemic relief, rehabilitation and health infrastructure.
The Jharkhand Ordinance establishes a temporary COVID 19 cess on despatch of specified run of mine minerals from defined mineral bearing land, payable by the holder at rates not exceeding Rs.100 per tonne/cubic metre and credited to a designated COVID 19 Pandemic Fund for pandemic relief, labour rehabilitation, MSME and health infrastructure support; it prescribes assessment, interest on defaults, recovery as arrears of land revenue, appeal and revision mechanisms, rule making powers for administration, penalties for evasion and a state level bar on lower court jurisdiction. (AI Summary)

Time limits for transitional input tax credit are mandatory, barring retrospective claims and preserving revenue predictability.
The court held that time limits under Rule 117 for claiming Transitional Input Tax Credit (Transitional ITC) operate as mandatory, substantive conditions on the concession of ITC; treating those limits as directory would undermine revenue predictability and the transitional scheme, and precedent treats ITC as a concession subject to such conditions. (AI Summary)

Input tax credit reversal for unpaid supplier invoices triggers proportionate reversal and interest until payment discharges the liability.
ITC must be reversed proportionately where payment to the supplier for a taxable invoice remains unpaid beyond the prescribed period, with interest payable from the invoice date until reversal; discounts reduce taxable value and ITC only if documented as required, otherwise the recipient remains liable for reversal, and reclaimed credit on later payment may be constrained by return-reconciliation and supplier-upload limits. (AI Summary)

Interest on net tax liability clarified as payable after deducting input tax credit, with limited exception for post assessment payments.
Interest under the CGST charging provision applies to the tax "remained unpaid", meaning interest should be calculated on the net tax liability after deducting available input tax credit. Belated return filing does not necessarily forfeit ITC entitlement. A later proviso limits interest to net liability but excludes cases where tax is paid after initiation of assessment or recovery proceedings, a carve-out that conflicts with the plain statutory phrase and customary calculation of interest on actual tax payable. (AI Summary)