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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Incentives under Pre-GST Policies continue unless Rescinded: A Significant High Court Reaffirmation of Saving Clause Protection
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 25/05/2026 Introduction: Can GST Erase Earlier Government Promises? The introduction of the Goods and Services Tax (“GST”) marked one of the most far-reaching fiscal reforms in India’s constitutional and taxation history. Designed to unify the indirect tax structure and…
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Moratorium under the IBC
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 26/05/2026 Introduction: The Protective Shield of Insolvency Law The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted with a transformative objective — not merely recovery of debts, but preservation and revival of financially distressed corporate entities as going concerns.…
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Corporate Guarantees Under GST: Bombay High Court Reasserts That No Tax Can Arise Without Consideration
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished on: 22/05/2026 1. Introduction The levy of GST on corporate guarantees has steadily emerged as one of the most commercially significant and legally contested issues under the indirect tax regime. Modern corporate groups, particularly in sectors such as infrastructure, energy,…
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Supreme Court lays down scenarios for lifting of Doctrine of Corporate Veil
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB LawCorpPublished: 12/05/2026 Introduction: Between Corporate Personality and Commercial Reality The doctrine of separate legal personality has long remained one of the foundational pillars of corporate jurisprudence. Incorporation creates a legal entity distinct from its shareholders, directors and associated entities, thereby enabling…
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When the Supplier Defaults: The Gujarat High Court Reopens the Great ITC Debate under GST
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB Law CorpDate: 08/05/2026 Introduction: The Never-Ending ITC Controversy Few aspects of the GST regime have generated as much litigation and commercial uncertainty as Input Tax Credit (“ITC”). Designed as the backbone of GST and the mechanism intended to eliminate cascading of…
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Beyond Nomenclature: Substance Over Form in Employer–Employee Relationships under GST
Author: Ashwarya Sharma, Advocate, Co-Founder & Legal Head, RB Law CorpDate: 30/04/2026 Introduction: When Labels Collide with Legal Reality One of the recurring themes under GST litigation is the tendency to determine taxability based on nomenclature rather than the true nature of a transaction. This issue becomes particularly significant in…
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ISD vs Cross Charge: Karnataka HC Settles the Pre-Amendment Controversy
Author: Ashwarya Sharma, Advocate & Co-Founder, RB LawCorpDate: 02/03/2026 Introduction: When Procedure Is Mistaken for Prohibition The architecture of GST rests upon the promise of seamless credit. Yet, in practice, few issues have generated as much controversy as the mechanism for distribution of common input service credit between distinct registrations…
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Land Development, Agency and the Elusive ‘Service’: SC Draws the Final Line
Author: Ashwarya Sharma, Advocate & Co-Founder, RB LawCorpDate: 11/02/2026 1. Introduction Classification disputes under indirect tax laws frequently revolve around a central question: when does a commercial arrangement involving immovable property cross the threshold into a taxable service? In Commissioner of Service Tax v. M/s Elegant Developers (2025-TIOL-83-SC-ST), the Hon’ble Supreme Court…
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Revised GST Framework for Restaurant Services in Specified Premises: Key Changes Effective from April 1, 2025
The government has revised GST rules for restaurant & catering services in hotels, effective April 1, 2025, via Notification No. 05/2025-CT (Rate). Key points: ? ‘Specified Premises’ Re-defined:Now based on actual transaction value (Rs. 7,500+ per day per unit), not ‘declared tariff’. ? Who Qualifies: ? Tax Impact: ? Opt-In/Opt-Out…