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2023 (2) TMI 1466
Case Laws IBC
Resolution-plan compliance requires full protection of admitted provident fund dues while preserving avoidance proceedings and barring operational-debt assignment.
Resolution-plan approval is confined to verifying compliance with the Insolvency and Bankruptcy Code and applicable regulations, without reassessing the Committee of Creditors' commercial wisdom on viability or value maximisation. Operational creditor claims must be settled by the corporate debtor through the special purpose vehicle or resolution applicant and cannot be assigned to either at nil consideration. Admitted provident fund dues require full payment because they are excluded from the liquidation waterfall; disputed provident fund claims must remain in a separate no-lien account pending adjudication. Pending preferential, undervalued, fraudulent and extortionate transaction proceedings survive plan approval and may continue through the Committee of Creditors.

Circular No. PUBLIC NOTICE NO. 24/2022 Dated:- 5-5-2022 Trade Notice Dated:- 5-5-2022 Trade Notice
Import and export declarations, including Bills of Entry, Shipping Bills and ex-bond Bills of Entry, must use new or valid Customs Tariff Headings. Advance or prior Bills of Entry pending regularisation must be recalled and reassessed where tariff classification or applicable notifications are affected. Shipping Bills may require amendment where export benefits linked to amended Customs Tariff Headings are affected. Stakeholders must ensure accurate declarations and report difficulties concerning tariff lines or related partner-government-agency clearances.

Circular No. PUBLIC NOTICE NO. 33/2022-23 Dated:- 21-6-2022 Trade Notice Dated:- 21-6-2022 Trade Not...
AD Code and associated bank account registration for an IEC is centralised in the Customs EDI system. Registration at one Customs port enables use of the AD Code for filing shipping bills at all Customs locations, without separate port-wise registration. New registrations and updates must be requested online through ICEGATE and approved under the CLK role at the registration port. Amendments to linked account details can be made only at that port. Multiple AD Codes and associated accounts may remain registered against an IEC.

Circular No. ST/Tech./832/2022/878 Dated:- 1-2-2023 Chhattisgarh SGST Dated:- 1-2-2023 Chhattisgarh ...
Refund of unutilized input tax credit arising from export of electricity is to follow the prescribed GST refund-filing mechanism. For uniform administration, the procedural provisions concerning such refund claims are adopted under the Chhattisgarh Goods and Services Tax framework, with modifications necessary for State-tax application.

Corp. Laws / SEBI / IBC
Dated:- 31-8-2026
PTI
Personal insolvency resolution approval concerning Subhash Chandra involved a repayment plan of Rs 6.5 crore against admitted creditor claims exceeding Rs 22,000 crore. Objections were raised regarding the voting influence exercised by entities linked to the debtor's family in relation to the resolution process. Pinarayi Vijayan criticised the approval, alleging preferential treatment of powerful corporate interests.

Circular No. Vaak/Tak./832/2022/882 Dated:- 1-2-2023 Chhattisgarh SGST Dated:- 1-2-2023 Chhattisgarh...
Powers under section 168 of the Chhattisgarh Goods and Services Tax Act, 2017 are exercised to apply, with necessary modifications, the centrally issued clarification on demand and penalty provisions to State GST proceedings involving fake-invoice transactions. The clarified approach applies to the applicability of demand and penalty provisions under the Central Goods and Services Tax Act, 2017 as though issued under the Chhattisgarh Goods and Services Tax Act, 2017, ensuring uniformity in such proceedings.

Circular No. PUBLIC NOTICE NO. 35/2022-23 Dated:- 29-6-2022 Trade Notice Dated:- 29-6-2022 Trade Not...
Late fee for delayed filing of Bills of Entry is waived where ICES disruption during the Disaster Recovery Drill and maintenance period prevented timely filing. The waiver covers Bills of Entry that could not be filed on 25 and 26 June 2022 and is conditional upon submission of a negative acknowledgement or other proof of non-generation of a Bill of Entry number. Implementation is to be treated as a standing order for departmental officers and staff.

2015 (4) TMI 1374
Case Laws Indian Laws
Contested industrial disputes require evidentiary adjudication, preventing reference authorities from deciding alleged coerced retirement claims on merits.
Contested allegations of coerced voluntary retirement, fraudulent documentation, and invalid termination require evidentiary industrial adjudication rather than a merits determination at the reference stage. Under the Industrial Disputes Act, the reference-making authority may conduct only a prima facie assessment; acceptance of retirement benefits does not bar examination of whether the underlying arrangement was void or voidable. Delegated power to refuse a reference must be exercised by an officer expressly authorised under the statutory notification, and refusal by an unauthorised officer is void. Section 59 of the Maharashtra labour-relations statute does not bar a later dispute where prior transfer proceedings and subsequent alleged forced retirement arise from distinct causes of action. The dispute must be referred to the Industrial Tribunal.

Circular No. ST/Tech./832/2022/883 Dated:- 1-2-2023 Chhattisgarh SGST Dated:- 1-2-2023 Chhattisgarh ...
Correct and proper reporting of inter-State supplies, ineligible or blocked Input Tax Credit, and reversals in FORM GSTR-3B and FORM GSTR-1 is required under the applicable GST procedural framework, with necessary modifications. The requirements operate to secure uniformity in GST procedures concerning return and statement reporting of such supplies and credit adjustments.

Circular No. PUBLIC NOTICE NO. 40/2022-23 Dated:- 4-7-2022 Trade Notice Dated:- 4-7-2022 Trade Notic...
Public Notice No. 92/2021, which governed utilisation of MEIS scrip for imports where mandatory transfer details could not be recorded on the DGFT website, is withdrawn. The withdrawal follows DGFT's re-operationalisation of the Scrip Transfer Recording Module, an IT-based mechanism for recording scrip transfers. The restored module, operating with additional features and limitations, removes the basis for the earlier arrangement applicable when the transfer-details recording facility was unavailable.

Circular No. CT/Tech./832/2022/3015 Dated:- 5-4-2023 Chhattisgarh SGST Dated:- 5-4-2023 Chhattisgarh...
Section 168 of the Chhattisgarh Goods and Services Tax Act, 2017 is invoked to ensure uniform handling of refund applications filed by unregistered persons. The central GST procedure for filing such applications is adopted under the Chhattisgarh GST framework, subject to necessary State-level modifications. Unregistered persons seeking refunds must use the adopted procedural mechanism, which operates as though issued under the Chhattisgarh Goods and Services Tax Act, 2017.

Circular No. ST/Tech./832/2022/3014 Dated:- 5-4-2023 Chhattisgarh SGST Dated:- 5-4-2023 Chhattisgarh...
GST statutory dues for taxpayers whose proceedings under the Insolvency and Bankruptcy Code, 2016, have been finalised are governed by the central clarification as applied within Chhattisgarh. Exercising powers under the Chhattisgarh Goods and Services Tax Act, 2017, state GST administration applies that clarification, with necessary modifications, as though it were issued under the state enactment to ensure uniformity in proceedings.

FEMA / RBI
Dated:- 31-8-2026
PTI
Foreign exchange market conditions put the rupee under depreciation pressure amid higher crude oil prices, geopolitical risks, stronger US dollar conditions, expectations of tighter US monetary policy and foreign equity outflows. RBI market intervention was reported to contain significant depreciation. Improved foreign-currency non-resident bank deposit flows and higher foreign exchange reserves supported investor sentiment and the external liquidity position.

News and Press Release
Dated:- 31-8-2026
Enforcement action under the Narcotic Drugs and Psychotropic Substances Act, 1985 addressed alleged inter-State diversion of psychotropic medicines transported without statutory documentation. A truck carrying Alprazolam, Tramadol, Nitrazepam and Clonazepam tablets was intercepted; the medicines and vehicle were seized and one suspect was arrested. Preliminary examination indicated erasure of identifying batch and date details and transport of region-restricted medicines without invoices, bilty or e-way bills. Investigation concerns the manufacturing, supply and distribution network involved.

News and Press Release
Dated:- 31-8-2026
Synthetic-drug trafficking enforcement involved two intelligence-led railway-station operations targeting amphetamine and MDMA transportation and receipt. Baggage intercepted at Bengaluru contained a crystalline substance preliminarily indicating amphetamine, while a separate Pune interception recovered substances purported to be amphetamine and MDMA tablets. The contraband and related packing material were seized under the Narcotic Drugs and Psychotropic Substances Act, 1985. Follow-up delivery action identified alleged receivers, and the carriers and alleged receivers were arrested under that statutory framework.

News and Press Release
Dated:- 31-8-2026
India-Chile CEPA negotiations are being advanced toward conclusion by the end of the year through a balanced and commercially meaningful framework. The proposed partnership is intended to strengthen bilateral economic ties, expand trade and investment, and create equitable opportunities for businesses and people in both countries. Cooperation is envisaged in technology, talent and resilient supply chains, alongside enhanced engagement in healthcare, pharmaceuticals, energy, minerals, agriculture, machinery and engineering.

By: - Jayaprakash Gopinathan
Corporate guarantees issued by holding companies for subsidiaries raise a GST charging question: whether a guarantee given without fee, commission or other consideration is a taxable supply of service. The Bombay approach treats absence of consideration as excluding taxable service and holds that Rule 28 cannot create a charge through valuation. The Gujarat approach treats related-party guarantees made in furtherance of business as supplies under Schedule I despite no consideration, while restricting artificial higher valuation and retrospective application of Rule 28(2).

By: - DEV KUMAR KOTHARI
National Litigation Policy monetary thresholds restrict departmental appeals where the revenue involved falls below the prescribed limit, subject to policy exceptions. The CESTAT treated the Revenue's appeal as non-maintainable because the tax effect was below the applicable threshold, and the High Court found no substantial question of law. A policy exception relied upon for the first time in a Special Leave Petition, without having been raised before the High Court, did not warrant further consideration. Revenue authorities should screen appeals for threshold compliance, plead any applicable exception at the earliest stage, and avoid routine delay or unnecessary continuation of low-tax-effect litigation.

By: - Raj Jaggi
Section 74 of the CGST Act permits extended limitation only where fraud, wilful misstatement, or suppression of facts is supported by disclosed foundational facts. An ITC mismatch, short payment, audit objection, or general allegation of suppression may justify enquiry but cannot alone establish culpable conduct. A show-cause notice must identify the alleged withheld or misstated fact, the disclosure obligation, and its connection with the proposed tax consequence. Statutory terminology, protective demands, or later allegations cannot cure the absence of a jurisdictional basis in the notice.

SAFEGUARDS AND PRINCIPLES FOR CONDUCT OF SEARCH IN GST
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
GST search operations require valid authorisation from an officer of at least Joint Commissioner rank, based on reasons to believe that confiscable goods or relevant records are concealed. Seizable items may be seized or detained, subject to access to copies of records, limited retention, provisional release of goods, timely notice requirements and preparation of an inventory. Searches must follow Criminal Procedure Code safeguards, including independent witnesses, warrant production, identity disclosure, personal-search safeguards, preparation and signing of a panchnama or mahazar, and delivery of records to the affected person.

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