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By: - YAGAY and SUN
ISO 26000:2010 provides voluntary, non-certifiable guidance for integrating social responsibility into organizational strategy, governance and operations. It applies across organizational types and promotes accountability, transparency, ethical behaviour, stakeholder engagement, respect for law and international norms, human rights and sustainable development. Its core subjects cover governance, human rights, labour practices, environmental responsibility, fair operating practices, consumer issues, and community development. Implementation includes stakeholder identification, assessment of existing practices, priority-setting, action planning, operational integration, training, monitoring, transparent reporting and continual improvement.
By: - YAGAY and SUN
Lean Manufacturing maximises customer value by eliminating or reducing non-value-added activities and redesigning processes for improved quality, safety, speed, and efficiency. It addresses defects, overproduction, waiting, non-utilised talent, unnecessary transportation, excess inventory, motion, and extra processing through tools such as Value Stream Mapping, 5S, Just-In-Time, Kanban, Total Productive Maintenance, Poka-Yoke, pull production, and Kaizen. Implementation depends on management commitment, employee involvement, process analysis, performance measurement, and continuous improvement, while also reducing material waste, energy use, emissions, and resource consumption.
By: - YAGAY and SUN
Genchi Genbutsu requires leaders to visit the actual workplace, observe the process, and assess real conditions before taking corrective action. It promotes fact-based decisions, root-cause identification, faster problem solving, and continuous improvement instead of reliance solely on reports or assumptions. Implementation includes identifying the issue, observing people, machines, materials, methods, and environment, asking focused questions, applying root-cause tools, implementing corrective measures, and monitoring results. Effective use requires regular workplace visits, open communication, careful observation, employee involvement, and combination of direct findings with performance data.
SARFAESI remedy before the Tribunal prevails, while disputed settlement terms cannot be enforced through writ jurisdiction.
SARFAESI measures should ordinarily be challenged through the effective remedy before the Debts Recovery Tribunal under Section 17, with writ jurisdiction reserved for recognised exceptional circumstances such as procedural or natural-justice breaches. Disputed one-time settlement proposals, including the authority to make them, completeness of terms and compliance with payment conditions, require factual inquiry and cannot be summarily enforced in writ proceedings. Delayed settlement instalments cannot be compelled merely by offering interest, as this would impose contractual obligations on the secured creditor. Parties may pursue available remedies concerning the settlement proposal, with rights and contentions reserved.
Cheating and conspiracy require proven dishonest inducement and prior agreement; suspicion or association alone cannot sustain criminal liability.
Cheating requires proof of a fraudulent or dishonest false representation, deception, and consequent delivery of property or legally cognisable loss or harm. No evidence established that the Income Tax Department acted on a false representation, that issuance of a tax certificate was dishonestly induced, or that collateral title deeds created security or yielded monetary benefit. Criminal conspiracy requires cogent evidence of a prior agreement or meeting of minds to commit an illegal act or use illegal means. Suspicion, association, and unexplained circumstances cannot establish that agreement; without independent substantive evidence, the conspiracy charge remains unproved. Convictions for both offences require proof beyond reasonable doubt of their essential ingredients.
CENVAT credit remains available where documents prove receipt and use despite differing goods descriptions in internal receipt records.
CENVAT credit on duty-paid goods received and used in manufacture cannot be denied merely because goods receipt notes describe the goods differently from first-stage dealer invoices. Documentary correlation through matching invoice and purchase-order particulars, vehicle numbers and quantities establishes receipt, while recording the goods as MS scrap after receipt for foundry melting explains the description mismatch. Identical executive statements without supporting documentary evidence do not establish non-receipt of goods. Credit availed under Rule 3 of the CENVAT Credit Rules was therefore correctly taken, and denial was unsustainable.
Rule 26(2) penalty requires proof of invoice-related abetment, not merely receipt of goods through a broker.
Rule 26(2) of the Central Excise Rules, 2002 permits penalty where a person issues an excise-duty invoice without delivery of goods, abets such issuance, or abets preparation of a document enabling ineligible benefit. Penalty for alleged abetment of wrongful CENVAT credit cannot rest merely on receipt of goods from a broker. Liability requires evidence that the person issued or abetted issuance of an invoice or other document on which ineligible credit was taken or likely to be taken. In the absence of such evidence, the proposed penalty was unsustainable.
Input service credit for factory setup survives deletion of the inclusive phrase unless a specific construction exclusion applies.
CENVAT credit for services used in setting up a manufacturing factory remains available under the principal definition of input service in Rule 2(l) of the CENVAT Credit Rules, 2004, even after "setting up" was removed from its inclusive clause with effect from 1 April 2011. Services with a direct or indirect nexus to manufacture independently qualify because manufacturing cannot commence without the facility. The omission does not limit the principal clause; however, credit is unavailable where a particular service falls within an exclusion, including excluded construction, civil-structure, foundation, or support-structure activities. Eligibility requires service-wise verification against those exclusions.
CENVAT credit supported by invoices, stock records and payment evidence cannot be denied on uncorroborated supplier material alone.
CENVAT credit on inputs cannot be denied merely on uncorroborated material allegedly recovered from a supplier where the recipient maintains valid invoices, stock records, vendor ledgers, bank-payment evidence and freight-payment details establishing receipt and accounting of goods. Recording the transactions in RG 23A Part I and reporting them in ER-1 returns negates suppression, particularly where the supplier was not made a co-noticee. On the stated facts, denial of credit was unsustainable on merits and the extended limitation period was not invocable; the related demand was set aside.
Pre-2011 input service rules allowed CENVAT credit for vehicle and employee insurance used in business activities.
Pre-1 April 2011, the unamended definition of input service had broad inclusive coverage for services used in activities relating to business. Vehicle insurance and employee accidental and medical insurance, including group health insurance extending to employees' family members, fell within both the main and inclusive limbs of that definition. Eligibility for CENVAT credit did not require proof of an integral connection between each insurance service and the output service. CENVAT credit on these insurance services was therefore admissible for the relevant period.
Interchange fee taxation cannot be duplicated when service tax is paid on the entire merchant discount rate.
Service tax on credit-card services applies to the merchant discount rate as a unified charge comprising the acquiring-bank fee, interchange fee and platform fee. Where the acquiring bank has discharged service tax on the entire merchant discount rate, separately taxing the issuing bank's interchange fee would duplicate taxation without revenue loss. Consequently, no separate service-tax liability arises on interchange fee in those circumstances, and consequential demands, interest and penalties are unsustainable.
Satellite transponder bandwidth remained telecommunication service and could not be reclassified as Business Support Service for reverse-charge taxation.
Transponder bandwidth capacity supplied by foreign satellite service providers constituted telecommunication service because it enabled satellite-based connectivity between points on earth. Under the Finance Act, 1994, telecommunication service was taxable only when supplied by a telegraph authority licensed under the Indian Telegraph Act, 1885; foreign providers did not meet that condition. Such services could not be reclassified as Business Support Service merely because they fell outside the telecommunication-service taxability clause. Bandwidth capacity did not amount to the infrastructural or commercial support covered by Business Support Service. Consequently, reverse-charge service tax was not payable as Business Support Service, and the proceedings were dropped.
Intermediary service classification requires facilitation of another's separate supply; own-account university admission services qualify as exports.
Admission-facilitation services supplied to foreign universities on the provider's own account do not constitute intermediary services merely because the provider is described as an agent and receives commission. Intermediary status requires three parties, two distinct supplies, and facilitation of a separate main supply by another person; the services therefore qualify as exports. Commission from domestic educational institutions remains eligible for the small-service-provider exemption where it is below the aggregate-value threshold, and exported-service value is excluded from that threshold calculation. Consequently, no service tax is payable on either the foreign-university or qualifying domestic-institution commission.
Cleaning contracts are not manpower supply where provider controls workers and payment is for completed services.
Cleaning, sanitation and housekeeping contracts constitute cleaning services rather than manpower supply where the provider retains control and supervision over personnel and consideration is for the completed activity, not workforce deployment. The related service-tax demand, interest and penalties were therefore unsustainable. A mismatch between income-tax disclosures and ST-3 returns cannot, without corroborative evidence of taxable services and their value, establish service-tax liability; the demand based solely on that discrepancy was unsustainable. Admitted tax and interest on legal services remained payable, without penalty.
Manufacturing treatment for output-based biscuit packaging defeats manpower supply tax and bars unsustainable reverse-charge demands and penalties.
Output-based conversion and packaging of Third Schedule biscuits constituted manufacture, not manpower supply, because consideration depended on packed quantity and the process rendered goods marketable. The activity was consequently covered by the service-tax exclusion for processes amounting to manufacture. Reverse-charge demands for security, GTA and legal services did not arise where security services were provided by a tax-charging body corporate, freight entries included non-GTA expenses or settled audit liabilities, and legal-service invoices concerned consultants rather than advocates. Extended limitation and penalties were unavailable because the dispute was interpretational, based on audited statutory records, and lacked fraud, wilful misstatement or suppression intended to evade tax.
Service tax on recovered contractual advances remains a revenue deposit where no taxable service was rendered, permitting refund.
Service tax paid on a contractual advance is refundable without the limitation under Section 11B where the underlying project is terminated before services commence, no consideration is adjusted against performance, and the entire advance is recovered. In those circumstances, the payment does not retain the character of legally payable service tax but constitutes a deposit with the Revenue. The tax incidence must also remain with the assessee. Refund entitlement arises on termination of the contract and recovery of the advance, with consequential relief available.
Money-laundering bail requires satisfaction of twin conditions; alleged links to proceeds of crime resulted in refusal.
Bail for an alleged money-laundering offence requires satisfaction of the statutory twin conditions: the prosecution must have an opportunity to oppose bail, and the court must have reasonable grounds to believe the accused is not guilty and unlikely to commit an offence while on bail. Allegations of substantial misappropriation and an investigation statement indicated an alleged connection with proceeds of crime. As the twin conditions were not satisfied, bail was refused.
Money laundering mens rea requires corroborated evidence of knowing involvement; peripheral allegations alone cannot sustain prosecution or trial.
Money laundering liability under the Prevention of Money Laundering Act requires cogent material establishing culpable intent and knowing involvement with proceeds of crime. Uncorroborated co-accused statements alleging peripheral facilitation, without documentary or electronic evidence, a money trail, recovery, attachment, control of funds, participation in the predicate offence, or personal benefit, do not establish the required mens rea. Mere suspicion or an expectation that evidence may emerge at trial cannot sustain prosecution. Proceedings were quashed because the material did not disclose a sustainable money-laundering case against the petitioners.
Mandatory PMLA bail conditions cannot be bypassed through parity or investigation cooperation, making unsupported bail unsustainable.
Bail for money-laundering offences requires recorded satisfaction of the mandatory twin conditions under Section 45 of the Prevention of Money-Laundering Act, 2002: reasonable grounds to believe that the accused is not guilty and is unlikely to commit an offence while on bail. Parity with anticipatory bail granted for non-PMLA offences is inapplicable, and cooperation with investigation alone cannot meet these statutory requirements. Bail granted without applying and recording satisfaction of the twin conditions is unsustainable and liable to be cancelled.
Money-laundering complaint requires departmental consideration and communication, without a court-imposed deadline or merits determination.
Complaint concerning alleged money laundering was to be taken up by the competent department, which undertook to act in accordance with law and communicate developments to the petitioner. No stipulated time limit was prescribed for completing the process, although responsible action was expected. No determination was made on the underlying money-laundering allegations, and the writ petition was disposed of.