Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 29/06/2026 Introduction: Can Employees Be Personally Penalised for Corporate GST Violations? The introduction of Section 122(1A) of the CGST Act, 2017, with effect from 1 January 2021, marked a significant shift in the GST enforcement framework. For the first…
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IBC’s Primacy Over the Electricity Act and the Extinguishment of Pre-CIRP Claims
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 09/06/2026 Introduction: Can Statutory Authorities Revive Old Claims After CIRP Ends? One of the most fundamental promises of the Insolvency and Bankruptcy Code, 2016 (“IBC”) is certainty. The Corporate Insolvency Resolution Process (“CIRP”) is designed not merely to resolve…
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Beyond the Register of Members: Re-defining “Membership” in Oppression and Mismanagement Proceedings under Company Law
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 12/05/2026 Introduction: When Corporate Reality Extends Beyond Statutory Records The doctrine of separate legal personality and the statutory framework governing company membership have traditionally placed significant emphasis on formal corporate records, particularly the register of members. However, modern commercial…
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Appearance through Authorized Representative; ex abundanti cautela
In the recent Union Budget, Parliament has added sub-section (1A) in section 70 of the CGST Act dealing with summon proceedings on the recommendations of the GST Council made in its 53rd meeting held in New Delhi on 22nd June 2024. As per section 1(2) of the Finance (No. 2) Act, 2024 the…