Regulator-initiated insolvency: new framework makes appropriate regulator sole applicant, appoints Administrator with insolvency powers, preserves third-party assets.
Regulator-initiated insolvency for systemically important Financial Service Providers makes the appropriate regulator the sole applicant to commence CIRP and proposes the Administrator, who holds the powers of insolvency professionals, may be advised by an Advisory Committee, and may be replaced by the Adjudicating Authority on the regulator's application. An interim moratorium runs from filing to admission or rejection but excludes third-party assets, which the Administrator will control and manage under rules to be notified; licences remain in force during moratorium, resolution plan approval requires a regulator 'no objection' based on fit-and-proper criteria, and voluntary liquidation requires prior regulatory permission with an opportunity to be heard. (AI Summary)

Event-based food supply treated as event catering under GST, not regular restaurant supply, with corresponding tax treatment.
Supplies of food served as part of organised social events at club premises that are event-based and occasional are classifiable as event catering rather than regular restaurant supply, and are taxable under the rate notification entry for event supplies. Food supplied from the club's restaurant is classifiable under SAC 9963 and taxed under the restaurant/food supply entries where applicable. Other club services are classifiable under SAC 9995. Input tax credit reversal provisions apply to supplies treated as exempt for ITC purposes under the GST rules. (AI Summary)

Regulation of debt instruments: foreign investors' access to specified securities subject to RBI permissions and prescribed account conditions.
The Regulations implement FEMA authority to define and regulate specified debt instruments, listing eligible securities and vesting RBI with power to determine permissible classes, limits and conditions. They restrict investment and receipt of investment by persons resident outside India except as permitted under the Regulations or by RBI approval, prescribe permitted investor categories (including FPIs, NRIs, OCIs and certain banks), and set account based payment and remittance rules. Disposal and remittance of sale or maturity proceeds require adherence to the Regulations, banking channels, tax compliance and RBI or authorized dealer conditions. (AI Summary)

Restriction on e-way bill generation for consecutive return non-filing may halt goods movement and disrupt business operations.
Rule 138E restricts furnishing information in PART A of FORM GST EWB-01 and prevents e-way bill generation where a registered person has not filed returns for two consecutive months or composition taxpayers have not filed FORM GST CMP-08 for two successive quarters; the Commissioner may, on application in FORM GST EWB-05 and for reasons recorded, permit furnishing of PART A information subject to conditions and an opportunity of being heard. (AI Summary)

Goods and Services Tax receipts rose 6% in November 2019 amid festive demand, compliance gains and anti-evasion actions.
Goods and Services Tax (GST) receipts rose 6% year-on-year to Rs. 1,03,492 crore in November 2019-comprising CGST, SGST, IGST (including significant import-related IGST) and cess-largely driven by festive demand, increased voluntary compliance and anti-evasion measures. The collection increase is set against a broader GDP slowdown to 4.5% in July-September 2019, with the author identifying GST implementation shortcomings, excessive compliance burdens, and the lack of a clear GST policy roadmap as barriers to sustained revenue growth, and urging coordinated policy action to boost consumption and production. (AI Summary)

Onion price management can stabilise markets through timely imports/exports, inventory, crop protection, storage and processing measures.
Operational measures focus on active market management: early monitoring of crop and price data, pre-emptive import or export adjustments to rebalance supply, rapid implementation to avoid shortages, agricultural protections against weather damage, and storage improvements to extend shelf life. Post-harvest solutions include vacuum or airtight packaging and development of processed products like paste, flakes and pickles to reduce dependence on fresh supplies and stabilise prices. (AI Summary)

Moratorium protection for corporate debtor assets bars third party auction of seized imported goods during CIRP, requiring claim through the resolution professional.
Conflict between Section 48 of the Customs Act and the Code's moratorium: imported machinery with unpaid customs duty, held to be assets of the corporate debtor, fell within the interim resolution professional's control under Section 18(1)(f) and could not be auctioned after initiation of CIRP and declaration of moratorium under Section 14; the department must submit a claim to the resolution professional and sales conducted in breach of the moratorium are void ab initio. (AI Summary)

Condonation of delay: Court restores appeals where lack of knowledge of tribunal order was unrefuted by respondent.
Supreme Court condoned a 1754 day delay where appellants, managed by a Court of Wards, averred they lacked knowledge of the Tribunal's order until confronted with auction notices in June 2008; the respondent did not refute that uncontested affidavit, and therefore the delay was condoned and the appeals restored to the High Court for hearing on merits. (AI Summary)

GST filing deadlines and procedural clarifications eased with extended due dates and fully electronic refund processing.
CBIC extended filing deadlines for multiple GST returns and cautioned against last minute filings due to portal capacity constraints; reiterated that salaries are not taxable and that inter office supplies are taxable with input tax credit available because offices are treated as distinct persons. A court decision curtailed arrests of professionals absent corroborative evidence of fraud. Transitional migration procedures were prescribed for reorganised territories. Circulars enabled optional annual return filing for small taxpayers, allowed reconciliation adjustments via FORM GST DRC 03, made the refund process fully electronic, and clarified GST rates applicable to job work versus manufacturing services on others' inputs. (AI Summary)

High-handedness during searches undermines procedural safeguards; court ordered a proper, accountable inquiry into officers' conduct.
High-handed conduct by officers during GST searches and surveys, including remaining on premises and monitoring family telephone calls, was criticized; a senior authority's lenient enquiry report defending subordinates was found inadequate, and the court ordered a proper, rigorous inquiry into officers' conduct to ensure accountability and adherence to procedural safeguards. (AI Summary)

Appeal remedy under income tax law requires exhaustion of statutory appeals before resorting to writ jurisdiction.
Statutory appeal provisions under the Income-tax Act are broadly worded so that any order determining, levying or demanding tax, interest, fees or penalty is appealable; the judicial construction of "denial of liability" embraces denials in particular circumstances, and therefore taxpayers must ordinarily pursue appeals or revision remedies rather than writ petitions, with courts exercising restraint and following precedent to require exhaustion of these statutory remedies. (AI Summary)

GST transition for Jammu and Kashmir requires payment of appropriate tax in returns and permits transfer of input tax credit.
Notification 62/2019-Central Tax prescribes a transition regime for GST following the Jammu and Kashmir reorganisation: split tax periods for October-November 2019; obligation to pay the appropriate applicable tax in returns under section 39 for supplies from 31 October 2019 to the transition end date; an option to transfer ITC from pre-reorganisation GSTIN to new UT GSTINs by turnover ratio, with intimation to jurisdictional officers and mechanised adjustment via FORM GSTR-3B electronic credit ledger entries; SGST balances for Ladakh to be treated as Union territory tax; and exemption from compulsory registration for inter-UT supplies during the transition. (AI Summary)

Input tax credit restriction: ITC denied for goods and services distributed as gifts or free incentives under GST.
The AAR held that goods and services procured and distributed as free gifts or free travel under incentive schemes do not qualify as a taxable supply and that input tax credit is ineligible to the extent attributable to such gifts or free samples under the GST credit restriction; a government circular similarly states that ITC is not available on inputs, input services and capital goods used in relation to gifts or free samples distributed without consideration. (AI Summary)

Exam stress: personalised study, wellness routines and exam day tactics to reduce anxiety and improve focus and performance.
Practical guidance to manage examination anxiety by using a personalised timetable matched to individual peak study hours, active revision tools (concise self made notes, mnemonics and lists of higher order questions), scheduled doubt clearing sessions, short outdoor breaks and regular meals. On exam day, arrive early, record necessary identification and abbreviations, prioritise shorter questions first to build momentum, budget time for reading and review, leave space for additions, perform brief breathing exercises, and avoid discussion, signalling or unauthorised materials. (AI Summary)

Input tax credit restriction under rule 36(4): consolidated cap tied to supplier uploads, with remaining ITC claimable later.
A High Court permitted electronic or manual filing or revision of Form TRAN 1 for transitional credit, disallowed treating the procedural due date as a mandatory bar, and enabled post filing verification. CBIC mandated Document Identification Numbers on communications, expanded GST Practitioner authority to amend registration fields, extended and simplified annual and periodic return filing (including optional reporting relaxations in GSTR 9/GSTR 9C), clarified consolidated ITC restriction mechanics under rule 36(4) limiting immediate ITC to a proportion of eligible credit tied to supplier uploads with balance claimable later, and moved refund processing to a fully electronic workflow. (AI Summary)

Inter State supply to SEZ: accommodation services treated as zero rated where received for authorized operations and endorsed accordingly.
Accommodation and allied services supplied to SEZ developers or units are classified as inter State supplies under the specific SEZ provision overriding place of supply rules; such supplies qualify as zero rated when received for authorized operations and endorsed by the specified SEZ officer. Suppliers must evidence admission or receipt for authorized operations and follow IGST/CGST refund, bond/LUT and endorsement procedures to claim unutilised input tax credit or refund, subject to restrictions in the input tax attribution provisions. (AI Summary)

Profiteering on tax rate reduction requires registered suppliers to pass on GST benefits to recipients by reducing prices accordingly.
The authority examined whether a supplier passed on a GST rate reduction by comparing pre- and post-rate-change transaction values, treating the supplier's charged transaction value (exclusive of discounts) as the operative price; an increase in base price after a tax-rate reduction gives rise to a quantifiable profiteered amount, triggering requirements for price adjustment, repayment with interest, deposit into consumer welfare funds, and potential penalties for incorrect invoicing under the GST framework. (AI Summary)

Insolvency of financial service providers: regulator led proceedings, administrator appointment and regulator no objection for resolution plans.
The rules apply the Code's corporate insolvency and liquidation framework to notified financial service providers, replacing "corporate debtor" with "financial service provider" and designating an administrator to perform roles of insolvency professionals. Only the appropriate regulator may initiate insolvency proceedings and propose the administrator. An interim moratorium operates from filing until admission or rejection, with exclusions for third party assets. An Advisory Committee appointed by the regulator advises the administrator, and resolution plans require regulator "no objection" based on fit and proper criteria. (AI Summary)

Classification of water purifying reactor: treated as filtering/purifying apparatus, attracting GST applicable to such machinery.
The reactor retrofitted into hand pumps performs a distinct purification function and is not essential to the hand pump's water lifting function; it can be used in diverse pipeline and tank installations. Classification depends on nature, design and function rather than end use or endorsements. The authorities held the reactor is properly classifiable as filtering or purifying machinery and apparatus for liquids and therefore attracts the GST treatment applicable to such apparatus. (AI Summary)

Final tax collection: shift from credit-and-refund systems to direct output taxation to simplify compliance and curb fraud.
The article advocates replacing collect-then-credit/refund regimes with final tax collection to simplify administration and reduce fraud. It identifies Input Tax Credit mechanisms as creating carryforwards, paperwork, and avenues for bogus invoices. Recommended measures include exempting certain suppliers from GST on inputs-thereby reducing ITC-and concentrating output tax liability on large or responsible taxpayers (PSUs, banks, insurers, major manufacturers, and service recipients). Replies propose flat rates without ITC or supplier-based fixed-percentage remittance to eliminate set-off claims and curb tax rackets. (AI Summary)