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Decriminalisation of Cheque Bouncing

July 8, 2020 2223 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 1602 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 1956 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 […]

Alternatives to I&B Code: A Restructuring route through Section 230 of Companies Act, 2013

July 5, 2020 5778 Views 0 comment Print

In a press conference conducted on May 17, 2020 by Finance Minister Nirmala Sitharaman, it was stated that the COVID-19 related debts shall not form part of the default under the Insolvency and Bankruptcy Code, 2016 (I&B Code). Further, by proposing Section 10A, it was stated that there shall be no fresh initiation of new […]

Letter of Credit and Force Majeure

July 5, 2020 3735 Views 0 comment Print

Letter of Credit (‘LC’) is a very common document used in international trade. It is a letter issued by the buyer’s bank, guaranteeing payment to the seller upon fulfilment of conditions mentioned therein. Generally, these conditions are with respect to presentation of certain documents evidencing transportation/ shipping of goods. In recent times, due to Covid-19 […]

Constitutional validity of clause (f) of Section 43B of Income Tax Act, 1961

July 4, 2020 4719 Views 0 comment Print

The real crux of the case is understanding of Section 43B of the Act and object of legislation behind inserting clause (f) to Section 43B of the Act which has been very clearly explained in detail. Court also stated that that mere inclusion of clause (f) to Section 43B of the Act will not put an embargo or restrictions on the assessee to have the autonomy in the selection of the method of accounting as governing by Section 145 of the Act.

Force Majeure and Contractual Obligations during COVID – 19

July 4, 2020 3954 Views 0 comment Print

INTRODUCTION  The COVID-19 pandemic has shaken the workforce, business operations and lives to the core in an unprecedented manner, which will be remembered as a catastrophic moment causing adverse effects not only to human lives but also the business, commerce and the economies at the global level. With the unexpected and sudden change in working […]

Artificial Intelligence vis-à-vis Patents: Understanding the Dynamics

July 4, 2020 879 Views 0 comment Print

Artificial Intelligence is understood as a multi-disciplinary branch of science that aims to construct and create a smart machine which competes and functions at par with a human intellect. It engages into human like fashion and demonstrate abilities like that of a human being.

Promotional Schemes Post Covid 19 – A GST Perspective

June 24, 2020 12603 Views 2 comments Print

Under GST, the valuation of supply is done in terms of Section 15 of the CGST Act, 2017. It provides for certain exclusions such as, subsidy and discount, for the purposes of determination of taxable value. However, the exclusion of discount value comes with certain qualifications, which are read as follows:

Stay on NCLT Order Initiating Insolvency Proceedings against MSME

June 23, 2020 2478 Views 0 comment Print

Whether the NCLT was correct in passing an order of initiation of the CIRP against a MSME without considering the fact that the minimum threshold limit of filing application in NCLT has been increased to Rs. 1 Crore?

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