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By: - YAGAY and SUN
ISO 14064 provides a framework for organisational and project-level greenhouse gas quantification, reporting, validation, and verification, covering organisational inventories, emission-reduction projects, and credible greenhouse-gas statements. ISO 14067 governs lifecycle-based calculation and reporting of product carbon footprints, from raw materials through production, transport, use, and end-of-life stages. Implementation requires defined boundaries, emission-source identification, reliable data, appropriate calculation methods, transparent reporting, and application of accuracy, completeness, consistency, relevance, and conservativeness principles.
By: - YAGAY and SUN
Corporate risk management requires testing economic substance rather than accepting invoices, contracts and accounting entries as conclusive evidence. Revenue should be assessed through the complete order-to-collection cycle, with attention to customer capacity, receivables, returns, cash conversion and year-end concentration. Circular trades require network-level review of ownership, locations, funds, goods movement and commercial purpose. Material transactions should be assessed for purpose, reality, ownership, actual inflows and outflows, and fairness; unclear factors require enhanced or independent review. Boards, tax teams, whistle-blower systems and risk-sensitive dashboards should support independent challenge and early detection of fraud, tax and third-party risks.
By: - YAGAY and SUN
Customs import and export compliance is a layered, continuous regulatory framework covering registration, product classification, regulatory approvals, licensing, valuation, origin, duty determination, documentation, declarations, clearance, post-clearance obligations, audit readiness and record retention. Importers and exporters bear primary responsibility under self-assessment for accurate declarations and compliance. Correct classification, valuation and origin determination affect duties, restrictions, exemptions, preferential treatment and regulatory controls. Compliance continues after clearance through end-use conditions, bond and warehousing management, record maintenance and readiness for audit or investigation.
Alternative statutory remedy under SARFAESI bars writ intervention unless extraordinary circumstances justify bypassing the Debt Recovery Tribunal.
SARFAESI measures initiated through a demand notice and an order for assistance in taking possession are subject to the statutory remedial mechanism before the Debt Recovery Tribunal. Article 226 ordinarily cannot be invoked to bypass that efficacious alternative remedy unless extraordinary circumstances justify writ intervention. Writ jurisdiction was therefore declined, leaving the aggrieved party to pursue the statutory remedy before the Debt Recovery Tribunal.
Petroleum-product classification includes Hydraulic Oil as a taxable consumable, while reassessment conditions for escaped turnover remain satisfied.
Hydraulic Oil falls within the entry covering petroleum products where specified products are followed by "and others" and certain products are expressly excluded. Used in hydraulic systems, it is characterised as a consumable rather than a manufacturing raw material and is consequently liable to entry tax under the relevant notification. The statutory conditions for reassessment of escaped or under-assessed turnover under Section 6(1) are treated as satisfied where the finding discloses no jurisdictional infirmity, patent illegality, or revisional error. The entry-tax levy and reassessment therefore remain sustainable.
Conditional refund validity challenge rendered the Revenue appeal infructuous, subject to further action under Supreme Court guidance.
Conditional refund or credit linked to the validity challenge against Notifications No. 19/2008 and 34/2008, together with refund claims involving alleged fictitious clearances, no longer required adjudication in the Revenue appeal. The appeal was disposed of as not surviving. Revenue retains the ability to take further action in accordance with the applicable Supreme Court decision and the pending show-cause proceedings concerning the alleged clearances.
Appellate classification review permits acceptance of the assessee's export classification without fresh notice where classification was already adjudicated.
Classification of exported goods may be accepted by the appellate authority without a fresh show cause notice or remand where the original authority has already adjudicated classification after inquiry and afforded the assessee an opportunity of hearing. Reclassification from parts of industrial robots to parts of a grass-cutting machine had been examined at the original stage. On considering export and product material, the appellate authority could accept classification as parts of industrial robots despite disagreeing with the original authority. A further notice or fresh classification adjudication is unnecessary solely because the appellate authority adopts the assessee's claimed classification.
CENVAT credit on factory construction services requires full adjudication; omitted material grounds require fresh consideration of credit and penalty.
CENVAT credit on construction services used to set up a factory required adjudication on merits because the claim had been raised throughout the proceedings and the applicable definition of input service included services relating to factory set-up during the relevant period. The Tribunal, as the final fact-finding authority, had to determine the claim, including whether the denial exceeded the show-cause notice; its failure to do so required fresh consideration. Penalty also required fresh examination because an earlier finding treated the dispute as interpretational and found no penalty imposable, yet an equivalent penalty was later sustained without a Tribunal finding. Denial of credit, consequential interest and penalty could not stand without complete adjudication.
Proportionate credit reversal cannot be replaced by percentage-based liability merely because disclosure lapses occur in compliance filings.
Rule 6 allows an assessee using common inputs and input services for dutiable and exempted goods to elect proportionate reversal under Rule 6(3A) rather than percentage-based payment under Rule 6(3)(i). Where reversal of credit attributable to exempted goods is substantively established through supporting material, procedural lapses such as non-disclosure in ER-1 returns cannot justify substituting the percentage-payment option. Any wrongly availed credit must instead be determined or disallowed under the mechanism selected by the assessee. This approach prevents retention of credit attributable to exempted goods while avoiding a disproportionate demand based solely on technical disclosure deficiencies.
Substantive exemption compliance prevails over delayed filings, while service tax on commission requires proof of actual payment.
Substantive compliance with exemption conditions prevails over delayed filing of EXP-3 returns and alleged documentary deficiencies where returns were filed, supporting documents were available, and a composite declaration certificate covered the shipping bills. Procedural delay alone does not defeat exemption entitlement. Service tax on commission connected with disputed shipping bills requires evidence that the commission was actually paid; without that evidentiary basis, the tax demand, consequential interest, and penalties cannot be sustained.
Subcontractor exemption for Government dam works requires exclusion of exempt turnover and recalculation using cum-tax and reverse-charge principles.
Qualifying construction services supplied by a subcontractor through a main contractor for a Government reservoir dam and irrigation project are exempt from service tax where the underlying project falls within the applicable exemption. Taxable receipts must receive cum-tax valuation, and any liability falling on the service recipient under applicable reverse-charge provisions must be excluded from the provider's demand after verification. Exempt turnover must therefore be removed and the remaining liability, including penalty, recalculated proportionately. However, a challenge based on higher receipts reflected in profit and loss accounts and Form 26AS fails where no specific error in the discrepancy determination is identified.
Conditional pre-deposit compliance governed appeal validity, while a later prospective regime could not cure an earlier default.
Conditional pre-deposit requirements validly imposed under the unamended appellate regime remained enforceable because a statutory appeal depended on compliance with the ordered deposit. Failure to comply, without securing appropriate relief, permitted rejection of the appeal where the adjournment request had been considered and no natural justice breach, procedural illegality, or perversity arose. The later mandatory pre-deposit regime operated prospectively and did not alter rights and obligations governed by the earlier law. Consequently, a later deposit under the amended regime could not retrospectively cure default under the prior conditional pre-deposit order or revive the dismissed appeal.
Proceeds-of-crime tracing upheld attachment of layered assets held through spouses, nominees, and nominal property transfers.
Under the Prevention of Money Laundering Act, 2002, property traceable to proceeds of scheduled offences remains liable to attachment despite layering or acquisition in another person's name. Active and knowing participation in fraudulent schemes, receipt of funds from group entities, and use of those funds to acquire assets supported treatment of the assets as proceeds of crime. Claimed commission income did not displace that evidence. Assets held in a spouse's name were funded by tainted proceeds, while an asserted loan did not explain the remaining consideration or repayment. Continued enjoyment of rental income established beneficial control over nominally transferred property and supported concealment findings. Provisional attachment was therefore sustained.
Money-laundering bail requires satisfaction of statutory twin conditions; serious allegations and misuse-of-liberty risks justified denial.
Bail in alleged money-laundering proceedings was denied because the petitioner's alleged role as the principal managerial person was materially more serious than that of co-accused who obtained bail. The scale of alleged proceeds of crime, statements from numerous victims, a co-accused's abscondence, and seizure of a mobile phone from the petitioner in custody supported a risk of misuse of liberty. Prolonged incarceration and asserted health grounds did not displace these considerations, particularly as the medical material was considered unreliable. The statutory twin conditions for bail were not satisfied.
Provisional attachment for alleged money laundering remains undisturbed as Supreme Court declines interference with the High Court order.
Provisional attachment under the Prevention of Money Laundering Act was addressed in relation to the scope of section 5(1), the definitions of attachment and proceeds of crime, and the continuing nature of money laundering. The Supreme Court dismissed the special leave petition and declined to interfere with the High Court's order.
Final insolvency orders bar collateral challenges to consequential bankruptcy proceedings against a personal guarantor after valid service.
Final personal insolvency admission and closure orders cannot be collaterally challenged through an appeal against a consequential bankruptcy order when the available objections were not raised earlier. Service of the closure application and bankruptcy petition at the debtor's admitted email address, combined with the absence of a statutory requirement for prior notice before a bankruptcy order following closure, defeated the natural justice challenge. Limitation and invocation of the personal guarantee had been determined in the unchallenged admission order; the application was also filed within three years of the demand invoking the guarantee. Separate proceedings against a co-guarantor did not affect the binding orders against the appellant.
Continuing personal guarantees cover assented facility renewals and contractual interest beyond the stated principal limit in insolvency proceedings.
A continuing personal guarantee remained operative until outstanding dues were paid and extended to renewed credit facilities because the guarantor signed the renewal at the existing level. The principal cap did not exclude contractual interest: liability covered the specified principal amount together with interest at the stipulated rate or any rate notified by the bank from the date of demand. Consequently, the personal guarantor insolvency application was admitted without appellate interference. The governing principle is that a continuing guarantee, where the guarantor assents to renewal, covers renewed facilities and the agreed interest component in addition to the principal limit.
Insolvency professional services by advocates fall under forward charge, while reverse charge remains confined to legal services.
GST treatment of services supplied by an advocate acting as an Insolvency Professional depends on the capacity and nature of the service, not the supplier's advocate qualification or enrolment. Forward charge is the default under the CGST Act, while reverse charge applies only to notified legal services supplied by advocates. Insolvency and receivership services fall under the specific service classification 998241, distinct from legal services under 99821; the specific classification governs. Such services are therefore subject to forward charge, requiring GST registration and GST-compliant invoicing. Reverse charge remains limited to services rendered in the capacity of an advocate as legal services.
Material event disclosure requires conspicuous reporting of terminated acquisition agreements; a footnote in financial results is insufficient.
Termination of a disclosed share purchase agreement constitutes material information requiring clear and conspicuous disclosure under Regulation 30. Mentioning the termination only in small print within a note to unaudited financial results, while omitting it from the principal board-meeting disclosure, does not adequately inform investors. Proposed ventures and their termination may materially affect investors' assessment of a listed entity's prospects and share price. The disclosure requirement therefore was not met, and complaints concerning the inadequate communication required evaluation in the proper perspective.
Drug-specific IGST rate entry covers qualifying bulk drugs and APIs across chemical chapters, subject to nil-rated treatment.
Bulk drugs and active pharmaceutical ingredients qualifying as drugs under the Drugs and Cosmetics Act, 1940 and the Drugs (Price Control) Order, 2013 fall within the description-based IGST rate entry for drugs and medicines, regardless of classification under Chapters 28 or 29. Import for manufacture, testing, clinical trials, bioavailability or bioequivalence studies does not change their character as drugs. The phrase "any Chapter" extends the entry to APIs classified outside Chapter 30, and the specific drugs entry prevails over general chapter-based entries for inorganic and organic chemicals. IGST applies at 5%, unless the goods fall within the specified nil-rated entry.