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FEMA / RBI
Dated:- 29-7-2026
PTI
Cooperative-sector modernisation is presented as a mechanism for strengthening rural institutions, farmer prosperity and the rural economy. The separate Ministry of Cooperation provides an administrative, legal and policy framework for the cooperative movement. Key initiatives include establishing new primary agricultural credit societies and dairy cooperative societies, expanding business activities for primary agricultural credit societies, online auditing, and connecting cooperative institutions. District cooperative banks are described as important institutions for meeting the financial requirements of expanding service and dairy cooperative societies.
By: - Raj Jaggi
Section 107 imposes a strict outer limitation for GST appeals, and the Appellate Authority cannot condone delay beyond that limit. Revocation of cancelled registration under Section 30 is a distinct remedy, generally requiring cure of defaults through pending returns and payment of tax, interest, penalty and late fee under Rule 23. Suspension and cancellation follow different functions and procedures under Rules 21A and 22. In exceptional cases, writ jurisdiction may be considered where hardship is disproportionate, compliance is bona fide, and revenue is protected, without enlarging statutory limitation.
By: - Bimal jain
Voluntary GST payment does not automatically bar proceedings under Section 74 where fraud, wilful misstatement or suppression is alleged and remains uncontested. The pre-notice payment mechanism requires payment of tax, applicable interest and prescribed penalty, with written intimation to the proper officer. Incomplete payment may permit Section 74 proceedings to continue. The article also highlights that admissions of liability during adjudication and failure to contest suppression allegations may prevent a taxpayer from taking an inconsistent position in writ proceedings.
By: - K Balasubramanian
Portal-only uploading of a GST show-cause notice is treated as insufficient service unless receipt is acknowledged or a reply is filed. An ex parte order following such service may require restoration of proceedings to the notice stage, with an opportunity to reply and be heard. Portal-only service of a contested order-in-original does not commence the appeal limitation period, and appeals dismissed as time-barred in those circumstances may be restored for merits consideration. The commentary also stresses compliance with hearing requirements and principles of natural justice.
By: - Raj Jaggi
GST proceedings against a deceased sole proprietor must be initiated against the legal representative or person continuing the business in the proper legal capacity. Section 73 requires a noticee capable of receiving notice, responding, and participating in adjudication; a notice addressed to a deceased person is a jurisdictional defect that participation by a legal heir cannot cure. Section 93 may create liability after death, including liability of a person continuing the business or limited estate-based liability where it is discontinued, but it does not authorise determination in the deceased person's name.
By: - Rakesh Garg
Limitation for an appeal under section 107 of the CGST Act is stated to begin from actual or constructive communication of the adjudication order. An appeal filed within three months is within limitation; an appeal within the further statutory period may be admitted on proof of sufficient cause. After the statutory outer limit expires, the Appellate Authority lacks jurisdiction to condone delay. Section 5 of the Limitation Act does not independently enlarge that authority's power. Proof of communication and documentary support for any delay are material, while constitutional writ remedies are exceptional.
By: - YAGAY and SUN
Corporate compliance requires systematic adherence to legal, regulatory, contractual and internal policy obligations through integrated governance, risk management, internal controls, technology and ethical culture. A Compliance Management System should maintain policies, obligation registers, compliance calendars, responsibility matrices, operating procedures, monitoring, incident reporting, corrective action, audits and performance reporting. Defined cross-functional accountability, risk assessment, continuous monitoring, role-based training and technology-enabled workflows support prevention and timely correction of compliance deviations. Ethical leadership, whistle-blower arrangements, periodic audits and measurable performance indicators promote continuous improvement and sustainable governance.
By: - YAGAY and SUN
Corporate cash flow strategy requires enterprise-wide management of liquidity through cash generation, monitoring, enhancement and control. Core measures include operating cash flow, working capital, receivables, payables, inventory and the cash conversion cycle. Rolling forecasts, daily liquidity reporting, analytics and stress testing support proactive planning. Cash may be enhanced through improved collections, inventory rationalisation, digital payments, cash pooling, treasury centralisation and disciplined capital allocation. Internal controls, budgetary discipline, board oversight, risk management, technology integration, liquidity buffers and cash-flow performance metrics support protection and efficient use of cash resources.
Independent criminal investigation may continue despite suspension of bank fraud classification, absent express restraint or demonstrated abuse of process.
Suspension of a borrower account's administrative fraud classification under the RBI framework does not restrain an independent criminal investigation into cognizable offences. Although the bank action and FIR may arise from overlapping facts, the investigation is not merely consequential to the regulatory classification. In the absence of an express restraint on criminal proceedings, CBI investigation and searches conducted under competent criminal court warrants may continue. Article 226 jurisdiction is not appropriate for resolving disputed allegations on affidavits regarding search execution, and cannot halt an investigation absent patent lack of jurisdiction, manifest mala fides, or clear abuse of process.
Statutory composition of MSME Councils determines jurisdiction, making awards by overconstituted Councils void and open to writ challenge.
An MSME Facilitation Council must comprise at least three and no more than five members under the MSMED Act. A Council constituted with eight members acts contrary to the statutory limit; its award is therefore without inherent jurisdiction and void from inception. Although awards under the arbitration mechanism ordinarily may be challenged through a setting-aside application under the Arbitration and Conciliation Act, that alternative remedy does not bar writ jurisdiction where the challenge concerns the Council's statutory competence and invalid composition. The invalid award and consequential review order require fresh adjudication by a lawfully constituted MSME Council.
Clandestine removal requires tangible corroborative evidence; estimated stock discrepancies alone cannot sustain excise duty, extended limitation, or penalties.
Estimated stock variations and discrepancies between statutory records and physical stock cannot establish clandestine manufacture or removal where production records are yield-based and physical verification relies on volumetric or eye estimation. Excise-duty liability requires tangible corroborative evidence, such as actual weighment, unaccounted manufacture, transport, buyers, sale proceeds, or excess raw-material or electricity consumption. In the absence of such evidence, the duty demand based on alleged shortages is unsustainable. The extended limitation period also cannot apply without mala fides, suppression, or intent to evade duty; consequently, interest and penalty cannot survive when the principal demand fails.
Unaccounted testing samples attract excise duty when prescribed records do not establish their movement, utilisation, or destruction.
Unaccounted pharmaceutical samples removed for in-house or external laboratory testing may be treated as goods removed for home consumption and subjected to excise duty. Failure to maintain prescribed records of the samples' value, movement, utilisation or destruction defeats a claim that they had not attained marketability before testing; precedents concerning properly accounted samples are distinguishable. A departmental appeal challenging such a duty determination falls within the scope of the High Court appeal provision and is maintainable. The operative position sustains excise duty on unaccounted testing samples and High Court jurisdiction over the departmental appeal.
Independent sub-contractor service tax liability survives principal contractor payment, but interpretational disputes cannot support extended limitation.
A sub-contractor has an independent obligation to pay service tax on consideration received, and payment by the principal contractor does not extinguish that liability. However, the extended limitation period under the proviso to Section 73(1) of the Finance Act, 1994 cannot apply without substantive evidence of wilful suppression of facts with intent to evade tax. Where conflicting Tribunal decisions made sub-contractor liability an interpretational issue until settled by a Larger Bench, extended limitation is not justified. Accordingly, although the underlying service tax liability was affirmed, the demand was barred by limitation.
Recognised educational qualifications cover statutory professional-course stages, exempting CA-CPT, ICWA-Foundation and Intermediate coaching from service tax.
Coaching for CA-CPT, ICWA-Foundation and Intermediate (10+2) examinations falls within the service tax exemption for training leading to an educational qualification recognised by law. The exemption is not limited to final-stage qualifications: CA-CPT and ICWA-Foundation are compulsory statutory stages required for progression in their respective professional courses, while Intermediate coaching leads to a recognised educational qualification. The notification does not require a fee cap or separate affiliation, and identical treatment in subsequent periods supports consistent application. The coaching is therefore exempt under Notification No. 33/2011-S.T.
Supply of tangible goods requires independent use by another; freight concessions for private wagons are not taxable consideration.
Procurement of privately owned railway wagons under the Liberalized Wagon Investment Scheme did not constitute a taxable supply of tangible goods for use to the Railways where the wagons were acquired at the assessee's cost, dedicated to its own traffic, and unavailable for the Railways' independent commercial exploitation. A taxable service requires an identifiable service rendered to another person for consideration. The Railways provided transportation to the assessee, while the concessional freight was a policy incentive linked to capital investment rather than consideration for wagon use. The arrangement could not be split into transportation and wagon-supply transactions; consequently, the service-tax demand, interest and penalties were unsustainable.
Reason to believe for provisional attachment remains central as release of attached properties stands without Supreme Court interference
Provisional attachment orders under money-laundering law require the Enforcement Directorate or other competent authority to have reason to believe that the attached property represents proceeds of crime. The text records that the High Court directed release of the attached properties, modifying only the apportionment of interest accrued on deposited sums. It further records that the Supreme Court condoned delay and dismissed the special leave petitions without interfering with the High Court's judgment and orders.
Condonation of delay requires sufficient cause; delayed bail-related special leave petitions were dismissed as time-barred.
Applications seeking condonation of delay in special leave petitions concerning bail in a money-laundering prosecution linked to an alleged police recruitment examination paper leak were rejected for failure to show sufficient cause. The special leave petitions were consequently dismissed as time-barred.
Service of notice and unexplained delay justified refusal to recall an ex parte order in insolvency proceedings.
Recall of an ex parte order requires credible proof of non-service, fraud, misrepresentation, or sufficient cause for non-appearance. Notices and hearing communications sent to the appellants' admitted email address and by speed post were treated as served because the emails did not bounce and no material rebutted receipt. The record indicated wilful non-participation, while the recall request was made after about 400 days without a cogent explanation. In time-bound insolvency proceedings, the unexplained delay and absence of sufficient cause supported refusal to recall the ex parte order.
Insolvency moratorium protects only the corporate debtor, allowing consumer complaints against unprotected co-respondents to proceed on merits.
A moratorium under the Insolvency and Bankruptcy Code is confined to the corporate debtor and does not extend to directors, promoters, associated entities or other co-respondents unless expressly provided by statute. A consumer complaint may therefore continue against unprotected co-respondents, whose potential liability must be adjudicated on its merits. The Commission should not terminate proceedings against them at an interlocutory stage by treating the alleged deficiency as exclusively attributable to the corporate debtor while their liability remains unresolved.
Company name rectification remains valid when an existing company's application triggers independent statutory opinion formation.
Section 16(1)(a) permits the Central Government to direct a company to rectify its name when it independently forms the opinion that the name is identical with or too nearly resembles that of an existing company. An application from an existing company may provide the information that triggers consideration, but does not prevent exercise of this distinct statutory power. Section 16(1)(b), concerning applications by registered trademark proprietors, does not restrict the wider power under Section 16(1)(a). The names were almost identical and the companies operated in the same DNA-testing field; accordingly, the jurisdictional challenge to the name-change direction failed.