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Anandaday Misshra

Latest Posts by Anandaday Misshra

SEZ Unit Entitled To Claim Refund of Unutilized ITC

April 17, 2023 15741 Views 0 comment Print

SE Forge Limited Vs Union of India (Gujarat High Court) The Gujarat High Court in M/S SE Forge Limited Vs. Union of India [Special Application No.16056 of 2022 decided on 03.02.2023] held that a SEZ Unit, is entitled to claim the refund of IGST credit lying unutilized in the Electronic Credit Ledger. FACTS M/S SE […]

Seizure Memo of DRI devoid of reasons liable to be Quashed & Set Aside

February 23, 2023 2502 Views 0 comment Print

HC held that reasons should be stated in seizure memo, order of provisional release and order of extension of time period under Customs Act.

Show Cause Notice Devoid of Reasons and Vague is Bad in Law

February 8, 2023 4935 Views 0 comment Print

Virani Metal Industries v. State of Gujarat (Gujarat High Court) The Gujarat High Court in M/S Virani Metal Industries v. State of Gujarat (SCA No.13233 of 2022 decided on 30.11.2022) held that the SCN issued without reasons and vague is bad in law and liable to be set aside. FACTS M/s. Virani Metal Industries (hereinafter […]

Advertisement, Marketing & Promotion Expense- Controversy

July 27, 2020 5451 Views 0 comment Print

Due to the lack of statutory law and legislative framework governing transfer pricing, the taxability of AMP expenses has become a biggest controversy and dilemma, and it also offers no guidance in situations where an express agreement does not exist. 

Have you met the Legal Dracula?

July 25, 2020 1419 Views 1 comment Print

The world came to the standstill with series of lockdown for a simple cause to save the mankind from Covid-19.  Everything was curbed. Businesses got stalled. Finance cycle could not be completed as the wrath came at the fag end of the financial year 2019-2020.  Panic pushed Companies to run the show with limited resources. […]

Compulsory Licensing – Diluting the Rights of a Patentee

July 15, 2020 4209 Views 0 comment Print

Grant of a patent implies a statutorily granted monopoly on the use of invention. Setting aside the concern that this invention should not be exploited at the cost of public interest. Once a patent is granted, the patentee is vested with the exclusive rights over his inventions for the period of 20 years.

Dispute of A Family Trademark Not A Trademark Dispute But A Family Dispute

July 10, 2020 6699 Views 0 comment Print

INTRODUCTION  A trademark, one of the most important Intellectual property incorporates any word, name, image, or any mix, used , or expected to be used, in business to recognize the products of one producer or dealer from merchandise fabricated or sold by others and to show the wellspring of the products. It is an imprint […]

Decriminalisation of Cheque Bouncing

July 8, 2020 2121 Views 0 comment Print

The statement released by Ministry of Finance on 8th June, 2020 has proposed to decriminalize a number of economic offences and one of such offences is the offence under Sec 138 of Negotiable Instruments Act, 1881 for dishonor of cheque. The Ministry has invited comments of stakeholders latest by June 23, 2020 on the decriminalization […]

Law to protect Internet Companies – Section 230 under Review- Does India needs such a Law?

July 7, 2020 1473 Views 0 comment Print

Law to protect Internet Companies – Section 230 under Review Does India needs such a Law? INTRODUCTION  In the age of Internet wherein entire domain has been transformed into one digital platform. In such era it becomes very crucial to have legal statutes to regulate the companies which are wholly operational on digital platforms. Every […]

Decriminalisation of Compoundable Company Law offences

July 7, 2020 1839 Views 1 comment Print

COVID-19 Pandemic has played a significant role in changing of the companies’ working patterns. The companies are facing plenty of difficulties to fulfill their regulatory, procedural, and technical requirements governed by the Companies Act, 2013 (the Act). The Government of India is initiating various relief packages, to provide aid to the companies to ease their […]

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