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Section 16(1)(a) of the Companies Act, 2013 permits the Central Government to direct rectification of a newly registered company's name where it is identical with or too nearly resembles a previously registered company's name. Information supplied by an aggrieved existing company may support the Government's formation of that opinion without converting the matter into proceedings under Section 16(1)(b). The note records that similar names used by companies operating in the same DNA-testing field justified the rectification direction. It further records that the High Court treated the direction as valid and within jurisdiction, and dismissed the challenge.
The insolvency moratorium is confined to the corporate debtor and cannot be extended by adjudicatory bodies to subsidiaries, directors, promoters, managers or personal guarantors unless the statute expressly provides otherwise. The text explains that this limited scope preserves consumer remedies against respondents who are not protected by a statutory moratorium. A consumer complaint may therefore continue against non-corporate-debtor respondents, whose liability must be determined on the pleadings and objections rather than being excluded at an interlocutory stage. Proceedings against the corporate debtor remain subject to the applicable moratorium.
Service of notice through an admitted email address may support a presumption of service where repeated communications do not bounce and the presumption remains unrebutted. The notes address recall of an ex parte insolvency order, stressing that parties must show cogent sufficient cause for non-appearance and a substantial delay in seeking recall. In time-bound IBC proceedings, unexplained delay may not be condoned or disregarded. The absence of fraud or misrepresentation is also relevant when challenging an ex parte order.
Coaching for educational qualifications recognised by law is described as exempt from service tax under Notification No. 33/2011-ST. The text states that CA-CPT and ICWA-Foundation are mandatory statutory stages of their respective professional courses, and that advancement to later stages does not negate legal recognition of qualifications obtained at earlier stages. It further states that the notification does not restrict exemption to final-stage coaching or impose requirements concerning fee collection or affiliation for Intermediate coaching. Citing consistent Tribunal decisions, the text notes that Revenue should not take an inconsistent position where exemption was accepted for similar coaching in later periods. The reported conclusion sets aside service-tax demands, interest and penalties, subject to refund being available according to law.
Statutory limits on the composition of a Micro and Small Enterprises Facilitation Council are mandatory: a Council must comprise three to five members, and a body exceeding that limit lacks jurisdiction to render an award. The notes explain that awards of a Facilitation Council ordinarily follow the arbitral set-aside mechanism, subject to the statutory pre-deposit requirement. However, writ jurisdiction may be exercised exceptionally despite that alternative remedy where the Council's constitution is ultra vires, the award is void for inherent lack of jurisdiction, or there is no valid award in law. An award and consequential review order made by an improperly constituted Council were quashed, with remittal to a duly constituted Council for fresh adjudication.
Suspension of a bank account's administrative fraud classification under the RBI framework does not restrain registration of an FIR, criminal investigation, or searches authorised by judicial warrants. The High Court's analysis states that allegations of diversion and siphoning of public funds disclosed cognizable economic offences, giving the investigation an independent statutory character despite overlap with the regulatory classification. Economic offences involving public institutions should not ordinarily be quashed merely because of settlement, and proposed accused persons cannot demand prior hearing before investigation. As no express restraint, patent lack of jurisdiction, mala fides, or abuse of process was shown, writ intervention to halt the investigation was declined; search-related factual disputes were left to criminal-law remedies.
Customs & Trade
Dated:- 29-7-2026
PTI
Ukraine-US discussions addressed licences for domestic Patriot defence-system production, wider defence-production cooperation, technology exchange and missile supply funded through European resources. Ukraine also sought support for a sanctions bill designed to increase economic pressure on Russia by imposing tariffs on goods from major purchasers of Russian oil and gas and by sanctioning Russian leaders, financial institutions and energy projects. The proposed defence-production licence was identified as a longer-term measure, alongside calls for renewed diplomatic engagement.
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.