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Archive: 09 February 2022

Posts in 09 February 2022

Bail granted to person accused of claiming Fake ITC & Creating Fake Firms

February 9, 2022 1464 Views 0 comment Print

Learned Senior Standing Counsel for the respondent has opposed the arguments advanced by learned counsel for the petitioner and submitted that the petitioner had created the fake seven firms and claimed input tax credit of Rs.16,99,89,923 (Sixteen Crores Ninety Nine lacs Eighty Nine Thousand Nine Hundred and Twenty Three).

SC explains applicability of Section 30(5) to minor partner under Partnership Act

February 9, 2022 2679 Views 0 comment Print

State of Kerala & Ors. Vs Laxmi Vasanth (Supreme Court of India) The Supreme Court observed that Sub-Section (5) of Section 30 of the Partnership Act shall not be applicable to a minor partner who was not a partner at the time of his attaining the majority. Sub-Section (5) of Section 30 of the Partnership […]

Imposition of tax on Virtual Digital Asset

February 9, 2022 1869 Views 0 comment Print

What is Virtual Digital Asset? Finance Bill, 2022 has inserted a new clause 47A to define virtual digital asset. As per the new clause, a virtual digital asset include any information or code or number or token generated through cryptographic means or otherwise, by whatever name called, providing a digital representation of value which is […]

Overseas Direct Investments (ODIs) From India

February 9, 2022 4545 Views 0 comment Print

1. ‘Advantages’ of the ODIs (i) Increases in the exports of plant, machinery, goods and Services from India (ii) Increases in foreign exchange earnings through receipt of dividend, royalty and technical Known how fee 2. ‘Guidelines’ for the ODIs Guidelines’ for the ODIs are available through followings Regulations, notifications etc. (i) Foreign Exchange Management (Transfer […]

HC demands combined report from Police & GST Authorities as both taken views different from each other

February 9, 2022 774 Views 0 comment Print

Md Faruk Alam Vs State of Assam (Gauhati High Court) In accordance with the order dated 30.9.2021, Mr. Sarma, learned Additional Public Prosecutor as well as Mr. M. Phukan, learned Public Prosecutor, has interaction with one Assistant Commissioner of GST, and after interaction and verification of the relevant GST Portal, the GST papers furnished by […]

IBBI (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2022

February 9, 2022 2352 Views 0 comment Print

(1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) (Amendment) Regulations, 2022. (2) They shall come into force on the date of their publication in the Official Gazette.

GST on recovery of Notice Pay from employees- No Ruling by AAAR due to difference of Opinion

February 9, 2022 3975 Views 0 comment Print

In re Amneal Pharmaceuticals Pvt. Ltd. (GST AAAR Gujarat) Question: Whether the applicant is liable to pay GST on recovery of Notice Pay from the employees who are leaving the company without completing the notice period as specified in the Appointment Letter issued as per the contract entered between Employer and the Employee?” Answer: AAAR […]

Standard Operating Procedure For GST Registration

February 9, 2022 19215 Views 0 comment Print

It is noticed that there is a lack of basic knowledge of law w.r.t. existing laws which are applicable and which are applied in the registration for GST. The following steps shall be followed by the various Jurisdictional Commissionerate prior to the staffing and delegation of work relating to GST Registration:

Cash Burn in Start ups

February 9, 2022 8982 Views 0 comment Print

This problem of Cash burn is a major one in case of businesses, especially in the new businesses, also known as Start-ups. The Cash burn is simply put, as how much cash is put in the business to keep it running. The Cash burn is a major problem, because lot of business revenue is generated […]

Implications under GST on Supply of Crypto or Digital Assets

February 9, 2022 9636 Views 6 comments Print

Crypto has become a parallel currency, allowing transfer of value held in digital wallet, from one person to another, without going through a central authority or bank and to allow the digital asset, as consideration for purchase of goods and services.  This maxim, is most relevant to the context we discuss herein, as we understand the implications of GST on supply of such digital assets.

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