Advanced Search Options : ❯
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.
Tariff classification follows objective engineering characteristics and principal intended use, placing specialised off-road mining tyres in the mining vehicle category.
A fresh advance-ruling application on the same goods was maintainable because the statutory bar applies only where the question is pending before, or decided by, specified customs, appellate or judicial forums, not by an earlier Authority ruling; additional technical material also supported reconsideration. Off-road mining tyres were classifiable as tyres for construction, mining or industrial handling vehicles and machines because their objective engineering characteristics, including reinforced construction, specialised tread, puncture resistance, load capacity and low-speed design, established their principal intended use in severe off-road operations. Marketing descriptions, rim sizes and possible incidental road use did not alter that classification.
Baggage confiscation appeals fall outside Tribunal jurisdiction and must proceed through revision before the designated Revisionary Authority.
Appellate jurisdiction over baggage-related confiscation orders is statutorily excluded from the Tribunal's jurisdiction. Where gold brought into India as baggage is confiscated and the appeal challenges the Commissioner (Appeals)' order, the proper statutory remedy is a revision application before the Government of India's Revisionary Authority. Filing before the Tribunal may be treated as a bona fide error, but the Tribunal cannot entertain the baggage-related appeal.
Established personal involvement is essential for customs penalties; defective origin certificate allegations alone cannot sustain liability.
Section 28 proceedings against the importer were dropped because the High Court had already found the underlying show cause notice invalid; the adjudicating authority's action was therefore sustained. Penalty for alleged customs contraventions involving defective certificates of origin could not be imposed where neither the notice nor the adjudication established the individual's role or involvement in obtaining those certificates. The importer remained free from the proposed demand proceedings, and the individual's penal liability was set aside.
Evidence-based reclassification: synthetic bonded fabric exemption cannot be denied without proof that the goods were bleached and dyed.
Concessional customs duty under Notification No. 82/2017-Customs cannot be denied by reclassifying imported synthetic bonded fabrics as bleached and dyed without supporting evidence. The importer's statement established only that the fabrics were synthetic and did not establish bleaching or dyeing. In the absence of a test report or other evidence proving those characteristics, the factual basis for reclassification was unsupported. The exemption benefit therefore remained available to the assessee.
Unjust enrichment presumption is rebutted when a Chartered Accountant certifies that import duty was not passed to buyers.
Section 28D of the Customs Act creates a rebuttable presumption that duty incidence has been passed to another person, requiring an importer seeking refund of special additional duty to establish otherwise. Where no prescribed rebuttal method applies, relevant circulars permit reliance on a Chartered Accountant's certificate based on the importer's annual accounts. A certificate confirming that the duty burden was not passed on to buyers is sufficient evidence to rebut unjust enrichment and support the refund claim.
Section 153C satisfaction notes require year-wise incriminating material and income linkage; omnibus notes invalidate assessments.
Assessments of persons other than the searched person under Section 153C require satisfaction notes that identify incriminating material for each relevant assessment year and explain its connection with determination of total income. General references to seized digital data, without specifying the material, proposed undisclosed income, or its bearing on the assessee's income, do not satisfy the jurisdictional requirements. On the stated analysis, omnibus satisfaction notes were invalid, and the Section 153C assessments were quashed.