Frequently Asked Questions

Frequently Asked Questions

Clarity on Complex Legal & Financial Matters

FEMA & Foreign Exchange

What is FEMA and when do I need a FEMA lawyer?

The Foreign Exchange Management Act (FEMA) 1999 governs all cross-border financial transactions by Indian residents — including FDI, ODI, exports/imports, NRI remittances, and international investments. You need a FEMA lawyer when you receive an RBI/ED notice, when compounding a FEMA violation, when structuring cross-border transactions for compliance, or when regularizing historical non-compliance.

General Consulting

What types of disputes does Accorg Consulting handle?

Accorg Consulting handles: NCLT insolvency and corporate disputes, GST litigation and notices, FEMA compliance and violations, shareholder/director disputes, banking disputes (SARFAESI, DRT), customs litigation (CESTAT), corporate contract disputes, and arbitration. On the consulting side: Virtual CFO, financial advisory, audit & taxation, HR consulting, MIS, and business process consulting.

Does Accorg Consulting serve clients outside Indore?

Yes. While headquartered in Indore (Madhya Pradesh), Accorg Consulting serves clients pan-India — with associates in Mumbai, Delhi, Bangalore, Ahmedabad, and Chennai. We also serve international clients based in Dubai, Singapore, and the US who have legal or financial matters in India. Most client interactions happen virtually (WhatsApp, Zoom, email) for efficiency.

What is the fee structure for Accorg Consulting services?

Fees vary by service type: (1) NCLT/litigation matters: case-based fees starting from ₹25,000 for simple petitions; (2) GST notice replies: ₹5,000-₹25,000 depending on complexity; (3) Virtual CFO: monthly retainer from ₹15,000/month; (4) Audit: ₹15,000+ depending on company size; (5) Consultation: ₹2,000 for 30-minute session. Initial consultation is free for qualified matters. Call +91 88277 53530 for a quote.

How quickly can Accorg respond to urgent legal matters?

For urgent NCLT filings, SARFAESI notices, or GST summons: we respond within 24-48 hours. For critical urgent matters (same-day NCLT appearance needed), we have an emergency response protocol. Call +91 88277 53530 directly for urgent matters — do not rely on email alone. Our WhatsApp is also active for rapid communication.

GST, Customs & Tax Litigation

I received a GST notice — what should I do?

First, do not ignore it. Identify the type of notice (ASMT-10 scrutiny, DRC-01 demand, SUMMONS). Note the response deadline (typically 15-30 days). Engage a GST consultant immediately to draft a factually accurate and legally sound reply. Poorly drafted replies or delays often lead to ex-parte orders and penalties of 10-100% of the tax demand.

What is the penalty for GST ITC fraud under Section 74?

For fraudulent ITC claims (Section 74), the penalty is 100% of the tax evaded. Amounts above ₹5 crore trigger prosecution under Section 132 (up to 5 years imprisonment). For genuine mistakes without fraud (Section 73), the penalty is only 10% of the tax or ₹10,000, whichever is higher. Our GST lawyers work to convert Section 74 cases to Section 73 where facts support it.

How long does a GST appeal take?

First Appeal before the Appellate Authority should be decided within 1 year (as per GST law). In practice, the process can take 6-18 months. For urgent matters, High Court writs can provide interim stays within 2-4 weeks. The GST Appellate Tribunal (GSTAT) is currently being constituted. Our GST lawyers choose the most time-effective forum based on your case.

NCLT & Insolvency (IBC 2016)

What is NCLT and what does an NCLT lawyer do?

The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that handles corporate disputes including insolvency under IBC 2016, oppression & mismanagement, company winding-up, and mergers. An NCLT lawyer specializes in filing and defending petitions before these benches, representing financial creditors, operational creditors, corporate debtors, and shareholders.

What is the minimum amount to file insolvency at NCLT?

The minimum default threshold to trigger CIRP (Corporate Insolvency Resolution Process) at NCLT is ₹1 crore for all creditors — financial and operational — as of 2024. This was raised from ₹1 lakh during COVID-19 and has since been retained at ₹1 crore.

How long does CIRP take under IBC 2016?

CIRP must be completed within 180 days from the date of admission of the petition, extendable by 90 days (total 270 days). In practice, complex cases may take 12-24 months due to hearings, appeals, and resolution plan negotiations. Accorg's NCLT lawyers work to expedite the process wherever legally possible.

Can a company settle an insolvency case after NCLT admission?

Yes — under Section 12A of IBC 2016, the corporate debtor and the applicant creditor can jointly apply to withdraw the CIRP petition. This requires approval of the CoC (Committee of Creditors) by at least 90% voting share. Pre-admission settlement is simpler and requires mutual consent with court approval.

Still Have Questions?

Our experts are ready to help. Book a free consultation today.

Book Free Consultation    Call Now