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    By: - YAGAY and SUN
    Environmental compliance is a continuous corporate legal and governance obligation requiring prior approvals, preventive safeguards, monitoring, documented compliance and remediation throughout a project's lifecycle. Regulated activities should not commence while environmental clearances, consents or other mandatory approvals remain pending, and post-facto regularisation is not an alternative to prior approval. Environmental compensation under the Polluter Pays Principle is restorative and deterrent, with exposure extending to remediation, delays, closure directions and financial risk. Companies should maintain approval matrices, compliance records, periodic audits, environmental due diligence and board-level reporting for material risks.

    By: - YAGAY and SUN
    Legal Metrology compliance for pre-packaged commodities requires more than correct label content. Applicable declarations, including responsible-person identity and address, net quantity and MRP inclusive of taxes, must be displayed in the prescribed manner on the Principal Display Panel. Net quantity is assessed with the applicable Maximum Permissible Error framework. Revised MRP, unit sale price, QR-code disclosures and wholesale-package treatment require compliance with their specific mechanisms. Registration of manufacturers, packers and importers remains an independent obligation, while sector-specific requirements may apply alongside packaged-commodity controls.

    By: - YAGAY and SUN
    WFH is a digitally enabled workplace model whose effectiveness depends on technology, organisational capability and the nature of the role. It can reduce commuting, resource use and operating costs while supporting flexibility, global talent access, inclusion and business continuity. Risks include weaker collaboration and organisational culture, employee isolation, blurred work-life boundaries, performance-management difficulties, unequal home-working conditions and cybersecurity and data-protection exposure. Role-based policies are necessary because knowledge-intensive digital work is generally suitable for remote delivery, whereas roles requiring physical presence, specialised equipment or direct services are not. Hybrid work can combine remote focus with on-site collaboration and training.

    2026 (8) TMI 1393
    Case LawsIndian Laws
    Transparent technical evaluation requires disclosed benchmarks and recorded reasons; unexplained scoring invalidates procurement awards and requires fresh tendering.
    Public procurement technical evaluations must follow disclosed, objectively verifiable criteria and include recorded, communicated reasons for scoring and disqualification. A challenge to parameter-wise marks is not barred by res judicata where prior proceedings did not assess undisclosed evaluation material and later disclosure creates a fresh cause of action. Judicial review does not reassess technical merits but examines legality of the decision-making process. Unexplained differential scoring of similar bids, undisclosed comparative standards, absent evaluation summaries and inadequate debriefing violate transparency, equality and fair administrative action. Numerical marks alone do not satisfy requirements to record and communicate reasons. The technical evaluations and resulting tender awards were set aside, requiring fresh lawful and transparent procurement while maintaining public-service continuity.

    2026 (8) TMI 1394
    Case LawsCentral Excise
    Judicial review of CENVAT-credit adjustment rejection remains limited where Settlement Commission verification reveals no jurisdictional infirmity.
    Judicial review of Settlement Commission orders made in discretionary jurisdiction is limited to statutory contravention, prejudice, fraud, bias, mala fides, or comparable jurisdictional defects. The adequacy and evidentiary value of material offered to substantiate reversal of CENVAT credit remain within the Settlement Commission's domain and cannot be reassessed in writ proceedings as though on appeal. A request for statutory records and invoices to verify the reversal was within the scope of an earlier remand permitting further information. As no jurisdictional infirmity was established, rejection of the claimed CENVAT-credit adjustment remained undisturbed.

    2026 (8) TMI 1395
    Case LawsService Tax
    Imported-goods insurance included in customs value cannot attract a separate reverse-charge service tax levy on the same component.
    Service tax under reverse charge was not payable on overseas insurance or comprehensive cover for imported goods where the insurance cost formed part of the customs transaction or assessable value. Although Section 66B and the Place of Provision of Services Rules, 2012 could otherwise treat the recipient's location as the place of provision, a separate levy on the same insurance component was unsustainable when that cost was already included in the imported goods' value and no other taxable service was involved. The reverse-charge demand was therefore unsustainable.

    2026 (8) TMI 1396
    Case LawsService Tax
    Overburden disposal arrangements attract service tax when third-party sale proceeds compensate performance of a mining lessee's obligation.
    Nil-value transfers of overburden styled as sales may constitute taxable declared services where the recipient performs the mining lessee's disposal obligation and collects proceeds from third-party purchasers. Those proceeds form the gross consideration for the service. Periodic royalty and permit fees paid for permission to remove overburden are contractual consideration for mineral rights, not taxes; they fall outside the exemption confined to one-time upfront charges for assignment of natural-resource rights and remain subject to service tax. Nil-value invoices and an asserted sale arrangement that conceal the actual service relationship may support invocation of the extended limitation period for suppression.

    2026 (8) TMI 1397
    Case LawsService Tax
    Third-party reimbursements excluded from Customs House Agent service value before the prospective valuation amendment took effect.
    Pre-14 May 2015 valuation of Customs House Agent services excluded genuine reimbursements of third-party expenses incurred on clients' behalf, where those recoveries were not consideration for the taxable service. Section 67 limited taxable value to the gross amount charged for the service, and Rule 5(1) could not expand that statutory base by adding expenditure incurred in providing it. Recoveries paid to port authorities, steamer agents, CFS operators and other third parties therefore fell outside taxable value. The subsequent amendment including reimbursable expenditure applied prospectively. Consequently, a service-tax demand founded on such reimbursements, along with dependent interest and penalties, was unsustainable.

    2026 (8) TMI 1398
    Case LawsService Tax
    Show cause notice deficiencies defeat reclassified service-tax demands, while disclosed classification disputes cannot justify extended limitation or penalties.
    Service-tax demands require a show cause notice to identify the taxable activity, legal basis and material facts; adjudication cannot sustain liability on a new classification or factual foundation. Accordingly, demands concerning management training, translation and other receipts fail where the notices lacked foundational allegations. Disclosed hall-hire receipts involving a classification dispute do not establish suppression or intent to evade tax, so extended limitation is unavailable; defective pleading also defeats the remaining demand. Japanese-language training qualifies for the separate recreational-training exemption, and a later amendment narrowing vocational training operates only from publication. Without deliberate evasion, penalties are not imposable.

    2026 (8) TMI 1399
    Case LawsService Tax
    FOR-destination sales can support outward freight credit where transit risk and ownership remain with the seller until delivery.
    FOR-destination sales may treat the buyer's premises as the place of removal where contractual and contemporaneous evidence shows that freight is included in the sale value, transit risk remains with the seller, and property passes on delivery. Outward GTA services up to that point qualify as input services for CENVAT credit. Manpower supply used for production, packing, maintenance, storage and related manufacturing activities, and godown or depot rent for storing finished goods, may qualify as input services subject to invoice, tax-payment and procedural verification. Extended limitation for reverse-charge GTA liability requires proof of fraud, collusion, wilful misstatement, suppression, or intent to evade tax; audit detection alone is insufficient.

    Liquidation estate inspection may identify disputed premises without deciding third-party title, possession, or ownership rights.
    Inspection and measurement of premises claimed for the liquidation estate may be directed to identify and segregate the relevant area without adjudicating disputed third-party title or possession. Section 60(5) covers matters arising from or relating to liquidation, but does not ordinarily permit determination of complex ownership and possession disputes between third parties. A limited inspection direction neither determines title nor disturbs possessory rights, and any subsequent action by the liquidator must comply with law.

    2026 (8) TMI 1401
    Case LawsSEBI
    SEBI ODR arbitration requires participation after failed conciliation while preserving jurisdictional and maintainability objections for arbitral determination.
    Writ intervention at the inception of arbitration under the SEBI online dispute resolution framework is confined to demonstrable lack of authority, breach of the governing framework, or a patent jurisdictional defect. Round-robin allocation of a complaint to an ODR institution must account for qualifications concerning the relevant stock exchange, but non-listing of securities on the administering exchange alone does not establish a patent absence of authority. Allocation, limitation, locus, maintainability, repeated proceedings, res judicata, abuse of process and arbitrability must be determined by the arbitral forum. Following failed conciliation, participation in arbitration is required without waiving legally sustainable objections.

    2026 (8) TMI 1402
    Case LawsCompanies Law
    Interim asset-preservation status quo continues until valuation and determination of the proposed shareholder buyout are completed.
    Interim status quo protecting the company's assets continues pending appointment of a valuer and determination of the proposed buyout of the appellant's shareholding. The valuation process had not begun because no valuer had been appointed, and preservation of the existing position remained necessary until that process could proceed. Allegations of oppression and mismanagement were not adjudicated in the appeal.

    2026 (8) TMI 1403
    Case LawsCustoms
    PCR diagnostic system classification as an optical checking instrument triggers standard customs duty and import IGST treatment
    Automated PCR-based diagnostic systems that process specimens through lysis, extraction, amplification and fluorescence detection, then compare signals against assay-specific criteria to produce positive or negative results, are classified as optical measuring or checking instruments under tariff item 9031 49 00. Classification follows Rule 1 of the General Rules for Interpretation because the system does not determine a specimen's property, composition, concentration or quantity, as required for classification as an instrument for physical or chemical analysis under heading 9027. Licensing for in-vitro diagnostic use does not control tariff classification. The applicable basic customs duty is 7.5% ad valorem, with import IGST at 18%, rather than the concessional treatment claimed under heading 9027.

    2026 (8) TMI 1404
    Case LawsCustoms
    Redemption of confiscated imported goods requires duty and interest, while forged documents support timely confiscation proceedings.
    Forged import documents render a Bill of Entry and registration records legally ineffective, and detection of fraud permits confiscation action to proceed within the extended limitation period. A purchaser must exercise due diligence regarding the genuineness of import documents. Where confiscated goods are redeemed under Section 125, duty and consequential interest on delayed payment arise in addition to redemption fine. Bona fide acquisition and deletion of penalty may justify mitigating the redemption fine, but do not remove liability for duty, interest, or confiscation arising from a fraudulent import.

    2026 (8) TMI 1405
    Case LawsCustoms
    Excess DEPB credit recovery lies outside Customs demand powers when no import-duty short levy is involved.
    Customs cannot recover alleged excess DEPB credit under Section 28 of the Customs Act, 1962, where the claim concerns export benefit computation rather than short levy of duty on a specified import transaction. DEPB credit remains distinct from customs duty, even if the scheme is characterised as an exemption mechanism. Questions concerning cancellation or reduction of allegedly excess DEPB credit fall within DGFT jurisdiction. On this basis, recovery proceedings under Section 28, along with consequential interest and penalties, were not sustainable. The analysis also applies judicial discipline by following a materially identical earlier Bench decision.

    2026 (8) TMI 1406
    Case LawsCustoms
    Country-of-origin misdeclaration triggers Pakistan-origin tariff classification and enhanced customs duty where container tracking proves Karachi loading.
    Brass scrap shown as originating in the UAE is treated as originating in Pakistan where matching container and seal records establish loading at Karachi and transit through Jebel Ali without unloading or reloading, corroborated by statements that only the bill of lading date changed. Pre-shipment inspection certificates cannot establish UAE origin without an actual UAE inspection. Once Pakistani origin is established, the goods fall under tariff item 98060000 and attract the enhanced customs duty prescribed for goods originating in or exported from Pakistan. Reassessment may consequently sustain confiscation, redemption fine and penalties for origin misdeclaration.

    2026 (8) TMI 1407
    Case LawsCustoms
    Corroborated evidence is essential to sustain DEEC diversion demands, fraudulent export allegations, and related penalties.
    Customs duty demands and penalties for alleged diversion of duty-free imported goods and fraudulent exports require reliable, positive and corroborative evidence. Official export permissions, Customs examination, manufacturing and export certifications, realised export proceeds, and a subsisting export-obligation discharge certificate support compliance with DEEC licence conditions. Allegations cannot rest on grounds outside the show cause notice, suspicion, or retracted and internally inconsistent statements lacking corroboration and procedural safeguards for reliance on statements. Where the underlying diversion and substitution allegations are unproved, no independent basis remains for penalties based on connivance or abetment.

    2026 (8) TMI 1408
    Case LawsCustoms
    Writ jurisdiction cannot resolve disputed customs sampling facts where laboratory testing shows imported industrial oil fails prescribed parameters.
    Writ jurisdiction under Article 226 does not extend to resolving disputed factual questions concerning an authorised representative's presence during customs sampling. The sampling report recorded the representative's presence, while the importer disputed his authority; subsequent sampling admittedly occurred in his presence. Laboratory testing found that the declared industrial oil failed prescribed parameters, and comparable testing standards had previously supported customs action. The seizure challenge was therefore not maintainable on the disputed sampling contention, and the customs action remained sustained.

    2026 (8) TMI 1409
    Case LawsCustoms
    Customs Broker credential lending and unauthorised client filings can justify stringent licensing discipline despite no proven knowledge of prohibited goods.
    Customs Broker licensing rules require authorisation from each represented client and reliable verification of the client's identity and functioning before customs transactions are undertaken. Filing a Shipping Bill without the named exporter's authorisation or contact may breach these independent obligations even without proof that the broker knew of prohibited goods. A licence and dongle must not be lent to another person for consideration: permitting use of broker credentials for customs transactions constitutes an impermissible transfer in substance, without requiring transfer of title. Deliberate credential sharing, unauthorised filings and attempted export of prohibited goods may justify revocation, security forfeiture and penalty as proportionate disciplinary measures.

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