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Anandaday Misshra

Latest Posts by Anandaday Misshra

Guj HC grants Stays against GST-DRC-13 considering balance of convenience

October 22, 2024 543 Views 0 comment Print

Gujarat High Court halts recovery proceedings against Abhyuththan Gram Vikas Mandal, citing lack of opportunity for hearing. Main case listed for October 2024.

Section 17(5)(c) & (d) of CGST Act, 2017- Post-Safari Retreats Judgment

October 18, 2024 6672 Views 0 comment Print

Explore the Supreme Court’s ruling on Section 17(5) of the CGST Act, 2017, and its impact on Input Tax Credit claims for construction costs under GST.

SEZ Unit Entitled To Claim Refund of Unutilized ITC

April 17, 2023 18399 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 2748 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 5274 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 5706 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 1449 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 4233 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 7092 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 2175 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 […]

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