Authorised Representatives must obtain prior creditor-class instructions before concurring to resolution-plan timeline extensions under Section 25A(3); procedural character or time sensitivity does not excuse unilateral concurrence. They must also contemporaneously record consultations, including the date, participation or representative character, and views expressed. Emails may evidence consultations, but incomplete records of participation remain a contravention. Cancellation of an insolvency professional's registration requires a penalty proportionate to the misconduct. Where consultation records were incomplete and extensions were uninstructed, but fraud, personal gain, concealment, stakeholder prejudice, or impact on the resolution ou.....

Reasoned adjudicatory orders imposing or affirming FEMA penalties must disclose the evidence and reasons supporting liability. Where the Tribunal accepted the company's explanation for seized Indian and foreign currency, it had to address any further evidence justifying penalties against the appellant; reasons could not be inferred merely from factual narration. The High Court set aside the Tribunal's order because it did not reveal the basis for affirming the penalties, and remanded the appeal for fresh, reasoned adjudication uninfluenced by earlier observations.

Retrospective withdrawal of net SGST reimbursement under IPR 2015 was invalidated as arbitrary, discriminatory and unconstitutional insofar as it affected projects that had invested and commenced production in reliance on the scheme. A policy-review power permitted prospective modification but did not support retrospective deprivation without material showing overriding public interest. Failure to issue or communicate a timely rejection after inspection and verification triggered deemed approval of provisional Priority Sector status; that approval remained subject to reimbursement conditions and quantification. The Negative List did not exclude clinker-based cement manufacture where the specified exception, investment threshold and verification supported eligibility. Net SGST reimbursement must therefore be determined and released under IPR 2015, subject to applicable conditions.

Admission of the drawer's cheque signature triggers presumptions of consideration and discharge of debt, rebuttable on a preponderance of probabilities; an uncorroborated lost-cheque claim supported only by a General Diary entry and stop-payment instructions does not suffice. Lack of loan documentation or tax disclosure does not by itself invalidate a modest hand loan absent a timely, probable challenge to the lender's financial capacity. A proprietary concern lacks separate juridical identity, leaving its proprietor personally liable as cheque drawer. Revision does not permit fresh evidence appraisal absent perversity, complete misreading, or manifest legal error causing miscarriage of justice. Semantic inconsistency concerning financial d.....

Admitted execution of a cheque triggers presumptions of consideration and legally enforceable liability; the drawer must rebut them through a probable defence on a preponderance of probabilities. Inconsistent claims that the cheque was lost or stolen, unsupported challenges to the payee's financial capacity, and non-disclosure of a cash loan in accounts or income-tax returns did not displace that presumption. Bank evidence showing credit to the named payee and a signed return memo established presentation and dishonour, notwithstanding alleged deposit through the payee's firm. "Refer to drawer" falls within dishonour for insufficiency of funds. Revisional jurisdiction does not permit reappreciation of evidence absent perversity, so the concurrent conviction remained undisturbed.

Section 122(1A) of the CGST Act extends penalty exposure to registered and unregistered persons, not only taxable persons, for specified invoice and input tax credit contraventions. Liability requires cumulative proof that the person retained the benefit of the identified transaction and that it was conducted at that person's instance; status as a director, employee, signatory or associate is insufficient. Proceedings must identify the covered underlying contravention and make person-specific, evidence-based findings on both elements, consistent with natural justice and reasoned adjudication. The provision does not create general vicarious liability and applies prospectively only to underlying acts or transactions occurring on or after 1 January 2021.

Corporate-debtor premises may be recovered through the insolvency process when ownership is established and an occupant fails to prove an enforceable tenancy, leasehold interest, or licence. Resolution professionals must obtain custody and protect assets; recovery has a sufficient insolvency nexus for the Adjudicating Authority, while administrative assistance may follow a competent order. Permission to store goods, prolonged occupation, utility records, and business registrations do not by themselves create proprietary or possessory rights. Oral tenancy remains legally possible but requires reliable proof of agreed terms, intention and, where relevant, payment and acceptance of rent. Lease or licence character depends on the arrangement's substance, not labels or exclusive possession alone.

Input tax credit relating to inputs, input services, and capital goods used in construction services must be apportioned and finalised project-wise using carpet-area measures. Excess credit attributable to exempt or unbooked portions must be reversed with applicable interest, while excess reversals may be claimed as credit. Shared inputs, input services, and capital goods must be assigned among projects on a reasonable basis. Integrated-tax credit must first be applied against integrated-tax liability before other tax credits may be used.

Effective from 1 October 2023, the reference in S.O. No. 141-State Tax to registered persons making supply under the composition levy under section 10 is qualified by an express exclusion. Registered persons making supply of specified actionable claims, as defined in section 2(102A), are excluded from the category described by that reference. The amendment applies the existing statutory definition to delimit the relevant class of registered persons.

Valuation of online gaming, including actionable claims involved in online money gaming, is based on the total amount paid, payable or deposited with the supplier by or on behalf of the player, whether in money, money's worth or virtual digital assets. Amounts returned or refunded to the player cannot be deducted from taxable value. Winnings reused in a further event without withdrawal are excluded from amounts paid or deposited by that player.

Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.

Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.

Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.

Input tax credit on an invoice or debit note reported in FORM GSTR-1 or the Invoice Furnishing Facility must be reversed in FORM GSTR-3B by 30 November following the financial year of availment if the supplier has not filed the corresponding FORM GSTR-3B by 30 September; interest applies on default, and credit may be re-availed after supplier filing. A liability mismatch between FORM GSTR-1 or the Invoice Furnishing Facility and FORM GSTR-3B triggers FORM GST DRC-01B, requiring payment with interest or an electronic explanation. Non-payment without an acceptable explanation is recoverable and restricts later return filing.

Related-person supply of corporate guarantee services to a banking company or financial institution is valued at one per cent of the guarantee amount or the higher actual consideration. The amendments also replace an order with an intimation in the specified procedure, limit the continuing effect of orders under rule 159 and FORM GST DRC-22, add One Person Company registration, revise cancellation procedures for tax deductors and collectors, and update tax collected at source reporting and practitioner enrolment forms.

Registered persons must furnish bank-account details within the prescribed post-registration period or before filing outward-supply details, whichever occurs first. Non-compliance may suspend registration until rectified and blocks outward-supply reporting. Where input tax credit claimed in FORM GSTR-3B exceeds input tax credit reflected in FORM GSTR-2B beyond the prescribed threshold, an electronic intimation requires payment with interest or a reasoned reply within seven days; unresolved discrepancies may be subject to demand proceedings.

State tax is levied on intra-State goods supplies at schedule-specific rates determined by the goods' Customs Tariff classification and description. Schedule I covers specified food, agricultural, medical, accessibility, renewable-energy, transport, industrial and consumer goods. Schedule II covers a broad range of goods and operates as the residual classification for goods absent from the other stated schedules. Separate schedules apply higher rates to specified beverages, vehicles, actionable claims and tobacco, and concessional rates to precious metals, jewellery, diamonds and precious stones.

Covered manufacturers of specified pan masala and tobacco goods must electronically register packing machines in FORM GST SRM-I, promptly report machine additions, capacity changes and disposals, and upload Chartered Engineer certification. Machine disclosures include capacity, package weight, power consumption, operational status and product details. FORM GST SRM-II must be filed monthly by the tenth day of the succeeding month, reporting inputs, production by machine and package, and electricity, generator and solar-power consumption.

Refunds of unutilised input tax credit for export of electricity require electronic filing of FORM GST RFD-01 under the "Any Other" category, with Statement 3B, scheduled-energy records, tariff agreements and refund calculations. The relevant date is the last day of the export month reflected in the Regional Energy Account. Export turnover is based on scheduled energy and contractual tariff, using the lower quantity where invoices and scheduled-energy records differ. Domestic electricity turnover is excluded from Adjusted Total Turnover, and ITC used for domestic exempt supplies must be excluded.

Electronic credit ledger re-credit is available when a registered person repays an erroneous refund through FORM GST DRC-03 by debit to the electronic cash ledger, with applicable interest and penalty. It covers specified erroneous IGST and unutilised input tax credit refunds. Until automated portal functionality is available, a written Annexure-A request is required. On verification of full payment, the proper officer re-credits only the refund amount through FORM GST PMT-03A, preferably within 30 days from the later of the request or full payment.