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Operational creditors with independent claims below the Section 4 threshold cannot use intervention in another creditor's insolvency proceedings to pursue those claims. Intervention in a settlement-based withdrawal under Section 12A requires a prima facie likelihood that the applicant will be affected or a legally sustainable right hampered. Unlike impleadment, intervention confers a right to be heard but not to raise pleadings, pursue an independent claim or seek relief. Settlement and withdrawal between the petitioning parties do not prevent an independent creditor from pursuing a sustainable claim through appropriate civil proceedings.
Pre-admission requests to compel financial creditors to produce additional documents can result in a roving enquiry and give summary insolvency proceedings the character of a civil suit. In proceedings under Section 7 of the Insolvency and Bankruptcy Code, the adjudicating authority retains power to require documents necessary for effective adjudication. An adverse inference may be drawn if documents legally required to be produced are not produced.
Non-resident rights subscriptions require existing shares to have been acquired and held in accordance with the applicable foreign exchange regulations. Failure to meet the RBI permission requirement for the original acquisition renders a subsequent rights subscription non-compliant, even if no penalty was imposed for the acquisition. In FEMA adjudication, a recorded opinion for proceeding with an inquiry must be supplied on request where objections to the show-cause notice were submitted; without objections, there is no such mandate. Penalty proportionality may be assessed in light of transactions through banking channels, absence of concealment and inaction over the original acquisition. A penalty equal to the amount involved was reduced to 25% of that amount.
Evidence collected after initial suspicion can support attachment of bank balances as proceeds of crime, rather than leave the attachment based on suspicion alone. An admission that the balance was payable to an entity controlled by the principal accused contradicted its description as the payer's working capital. Seeking release to pay that entity, despite its having initiated no recovery proceedings, and the managing director's statement under Section 50(2) supported an inference of money laundering and an intention to benefit the principal accused. The admitted intended payment remained material even if the statement did not personally name the accused.
Construction consultancy meeting both consulting engineer and real estate agent descriptions falls under the earlier entry where neither description is more specific and no composite service is involved. Consulting engineer services precede real estate agent services, and the place of provision for the overseas consultancy is the recipient's location. Reimbursable expenses were excluded from service-tax valuation before the amendment effective 14 May 2015. A demand based on debtors reconciliation must account for service tax included in billings and corresponding receipts and establish that consideration received exceeded consideration declared. Extended limitation requires proof of a prescribed statutory ground; incorrect self-assessment or non-payment alone is insufficient.
Book printing that amounts to manufacture or production under the Central Excise Act falls within the service-tax negative list where the process is one on which excise duty is leviable, even if printed books carry a nil tariff rate. A discrepancy between Form 26AS and ST-3 returns alone does not establish a taxable service; the Department must identify the untaxed transaction and establish the elements of a taxable service. Invocation of the extended limitation period requires a positive act of evasion.
Sales tax surcharge calculated on the tax payable by a dealer enhances the sales tax rate under former Entry 54 of List II; it is not a tax on tax or income. The subject of a tax is distinct from its measure, and liability follows turnover rather than profit. Restrictions on passing the surcharge to purchasers do not change its character. Mineral royalty is not a tax, and a cess on that royalty concerns a different legislative field. A larger-Bench reference requires a continuing unresolved doubt; binding authority resolving it removes its purpose. Replacement of the relevant enactments and the transition to GST reduce prospective significance without extinguishing disputes over past liabilities.
Transfer of the right to use electricity distribution equipment can attract tax under Section 4(8) of the Andhra Pradesh Value Added Tax Act, 2005, without a transfer of ownership. Recovery of equipment costs or installation at a consumer's premises is not conclusive; the statutory framework and supply conditions must also be examined. Service line and development charges recover the value of goods used in activities incidental or ancillary to electricity supply. The transaction as a whole can transfer the right to use those goods for receiving electricity even where the licensee retains operational control and maintenance responsibility. The value recovered through the charges is then taxable at applicable rates.
Quasi-judicial rectification powers do not confer absolute immunity from disciplinary action for negligent or reckless conduct or conduct intended to confer undue favour. Disciplinary scrutiny concerns an officer's conduct independently of a departmental appeal against the legality of the order. Allegations that limited rectification powers were used to reopen concluded assessments and substantially reduce confirmed tax demands disclosed a prima facie basis for factual scrutiny in a departmental enquiry. A plea of good faith and the absence of a departmental appeal did not justify terminating the proceedings at the threshold.
Stamp duty on cross-State loan agreements depends on the applicable charging provision and a real territorial nexus, not automatically on the first signature. Provisions governing the time of stamping do not independently determine which stamp law applies. Where borrowers signed in Mumbai and the lender completed execution in Delhi, the agreements were chargeable under the Indian Stamp Act as applicable in Delhi. Incorporated facility schedules specified the loan amounts and formed part of the contractual arrangement. A conclusive preliminary determination that will not be reconsidered in the final award constitutes an interim award challengeable under Section 34. Rejection of an arbitral jurisdiction objection is ordinarily challengeable only after the final award.
By: - K Balasubramanian
Under section 24(4), excess tax identified on final assessment, revision of assessment, or an order in appeal, revision or review must be refunded to the dealer after adjustment of any tax arrears. Where the refundable amount is at least one hundred rupees and is not refunded within the applicable 90-day period, the Government must pay interest at one per cent of that amount for each month or part of a month after that period. For an assessment or revision of assessment, the period runs from the date of the order; for an order in appeal, revision or review, it runs from receipt of the order.
By: - Raj Jaggi
GST Portal composition categories distinguish the traditional scheme under Section 10(1) of the CGST Act from the separate scheme under Section 10(2A), following functionality changes introduced from 1 November 2026. Multiple applicable categories may be selected within the Section 10(1) option, but the Section 10(2A) option permits only one selection; the two options cannot be combined. Existing composition taxpayers may seek a registration amendment to change or update their selected category through FORM GST REG-14. The amendment does not itself establish statutory eligibility or confer an unrestricted right to change the basis of taxation retrospectively.
By: - Raj Jaggi
GST tax deducted at source (TDS) applies, from 1 November 2026, to registered purchasers receiving specified goods from other registered persons, subject to the conditions in Section 51 of the CGST Act. Coverage extends to used cooking oil under tariff heading 1518, plastic waste and scrap under heading 3915, tyre waste and scrap under heading 4004, and electrical and electronic waste and scrap under heading 8549. Metal scrap under Chapters 72 to 81 has been covered since 10 October 2024. The contract value of taxable supplies must exceed Rs. 2.5 lakh, excluding GST and compensation cess shown on the invoice; the threshold concerns the contract, not individual invoices or monthly turnover.
By: - Dr. Sanjiv Agarwal
Post-supply discounts are excluded from taxable value from 1 November 2026 where the supplier issues a credit note and the recipient reverses the attributable input tax credit. From 1 January 2027, the notified e-invoicing framework covers supplies to registered persons, exports, specified domestic reverse-charge supplies received from unregistered persons and imported services, subject to the applicable provisions. Registration changes permit eligible suppliers selling goods through e-commerce operators to register using an eligible operator warehouse, subject to conditions. Refund procedures and electronic credit ledger restrictions are also revised. The specified registration exemption is withdrawn for suppliers of listed waste, scrap and used cooking oil, which are also included in the specified-goods category for tax deduction at source.
By: - Aashok Kumar Sharma
Warning signs include receivables or inventory growing faster than sales, old or doubtful debts, vague current-asset balances, related-party or director advances, overdue statutory dues and short-term borrowing used for long-term assets. Statutory arrears may carry interest, penalties and legal consequences; negative net worth may trigger directors' duties in some jurisdictions. Disputed tax demands, guarantees and pending litigation may appear in the notes as contingent liabilities rather than in headline figures. Reporting-date window dressing can make a balance sheet appear stronger without improving the underlying position.
By: - Raj Jaggi
Automatic cancellation requires timely filing of applicable returns, payment of outstanding dues and satisfaction of either the output tax liability condition or the alternative final-return condition. The monetary condition requires monthly output tax liability on supplies to registered persons, as declared through the prescribed outward-supply mechanisms, not to exceed Rs. 2.5 lakh in any month from registration until application. Where prescribed returns or the alternative final return are not furnished, or dues remain unpaid, the application is forwarded to the proper officer rather than automatically rejected. Deemed approval applies if the officer takes no action within 15 days of receiving the forwarded application or a reply to the notice.
By: - Gst Reconciliation
Where source coverage has not been confirmed, reviewers should record the relevant business or GSTIN, period and required source; an incomplete review does not establish supplier reporting failure. Once an input has been compared, reviewers should retain its reference and review date, identify invoice fields searched, and consider reference variations or competing candidates. Where supporting records exist but a discrepancy remains open, reviewers should identify the differing field, evidence examined and confirmation needed, and assign the next step to an owner. These descriptions are suggested review language, not statutory classifications or product tab names; input tax credit eligibility and return treatment require separate verification under applicable GST rules.
By: - Aashok Kumar Sharma
As at October 2026, foreign exchange transactions are governed by FEMA and RBI directions. Hedging with authorised dealers generally requires genuine underlying exposure, supported by contracts and invoices. Export proceeds must be realised within the period prescribed by RBI, with EDPMS and softex reconciliations monitored to avoid caution listing. Exchange differences on monetary items are accounted for under Ind AS 21 or AS 11, and hedge accounting choices should be documented.
By: - Aashok Kumar Sharma
The proposed five-gate appraisal tests the problem and alternatives, compares forecasts with outcomes from similar projects, uses multiple investment measures, examines downside scenarios and matches funding to asset life. Alternatives include doing nothing, outsourcing, leasing or making better use of existing assets. Lease-versus-purchase analysis should compare total after-tax cost, flexibility and risk. Appraisals should model depreciation under the Income-tax Act, 2025 and GST input tax credit on capital goods, and check eligibility conditions and clawback risks for applicable incentives.
Stamp duty on multi-state loan agreements turns on completed execution, with contractual facility schedules relevant to stated monetary values.
An interim arbitral award conclusively deciding preliminary stamping questions that will not be revisited in the final award may be challenged before the final award; a rejected jurisdictional plea is ordinarily challengeable after it. Stamp charging provisions require strict construction. For an instrument signed in different states, the applicable stamp law depends on a real territorial nexus and the instrument's character, rather than conclusively on the first signature. The lender's signature in Delhi completed the loan agreements requiring both lender and borrower signatures, so Delhi stamp law applies. Executed facility schedules required to be read with the loan terms form part of the contractual documentation; their stated facility amounts cannot be disregarded when assessing monetary value.