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Puneet Agrawal

Latest Posts by Puneet Agrawal

E-Invoicing under GST: A critical analysis

January 7, 2021 3594 Views 1 comment Print

Since, e-invoice has not been defined in the CGST Act, many people has mis-understood the whole concept of e-invoicing and it is believed by many that e-invoicing is generation/ preparation of the invoice electronically on an online portal.

Application of IBC on Current COVID-19 Scenario

June 21, 2020 5361 Views 0 comment Print

JUDICIAL RESPONSE: 1. Suo moto cognizance by Hon’ble Supreme Court in WP(C) No. 03/2020 dated 23.03.2020: Under exercise of power conferred under Article 141 and 142, Extension of limitation period in all proceedings irrespective of the limitation prescribes or not under the General or special law whether condonable or not. 2. Suo moto cognizance by […]

Interest on delayed GST payment whether payable on gross or net amount?

March 8, 2020 2505 Views 0 comment Print

Interest liability shall arise only in respect of that portion of output tax which is being paid by cash.It was very harsh and unreasonable to ask for the interest on that portion of output tax that is being paid from the Input tax credit.

Insolvency and Bankruptcy (Amendment) Ordinance, 2019: A Critique

February 23, 2020 1098 Views 1 comment Print

Since its inception, the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) has ushered in a new financial culture, which is responsive and vibrant. The Code has yielded positive outcomes by way of bringing in a systematic and institutionalized framework in restructuring of stressed assets from the debt-ridden economy.

Financial Service Providers– Under the Umbrella of Insolvency and Bankruptcy Code, 2016

November 21, 2019 3378 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016 contains an enabling provision under Section 227 wherein the insolvency and liquidation process of Financial Service Providers (FSPs) can be initiated. But until 14.11.2019, no FSPs were notified and no mechanism or procedure was provided under the Code in this regard.

Doctrine of Partial Merger again upheld by Hon’ble Haryana Tax Tribunal

October 16, 2019 2595 Views 0 comment Print

Hon’ble Haryana Tax Tribunal has held that cost of consumables such as fuels used in hot mix plant for the purpose of execution of works contract, is liable to be deducted from the taxable turnover. The said view emerged based on the Supreme Court Judgment in the case of Gannon Dunkerely and Rule 25(2) read with Rule 25(3) of the Haryana Value Added Tax Rules.

Writ filed challenging GST Portal Operation Mechanism for Annual Return filing

September 5, 2019 1584 Views 0 comment Print

Writ Petition Filed Before Hon’ble High Court Of Punjab And Haryana: M/S P.P. Automotive Pvt. Ltd., Challenging The Mechanism Of Operation Of Common GST Portal In Relation To The Filing Of Annual Return. Provisions: As per Section 44 and Section 35 of the CGST/HGST Act read with Rule 80 of the CGST/HGST Rules, the taxpayers […]

Changing Positions of ‘Home-Buyers’ Under Insolvency and Bankruptcy Code, 2016: Marred with Uncertainty

June 7, 2019 2937 Views 0 comment Print

Changing Positions of ‘Home-Buyers’ Under Insolvency and Bankruptcy Code, 2016: Marred with Uncertainty A Glance At The Predicament Of Real-Estate Sector Delay in completion of under-construction apartments has become a common phenomenon in contemporary India. The records indicate that out of 782 construction projects in India monitored by the Ministry of Statistics and Programme Implementation, […]

Rationale and Design of a Sound Insolvency and Bankruptcy Law

April 26, 2019 1335 Views 0 comment Print

The BLRC Report proposed the introduction of a Comprehensive Code on Insolvency and Bankruptcy which provides for a comprehensive reform, covering all aspects of insolvency and bankruptcy along with an aim for a time bound resolution mechanism in order to maximise the value of assets of all stakeholders. It is aimed to be efficient, cost effective, procedure driven and handled by properly trained insolvency professionals.

Exigency for an Ideal Economy- Insolvency and Bankruptcy Code, 2016

March 13, 2019 1401 Views 0 comment Print

Insolvency and Bankruptcy Code, 2016 consolidates existing laws relating to insolvency of corporate entities and individuals into a single legislation. The Code has unified the law relating to enforcement of statutory rights of creditors and streamlined the manner in which a debtor company can be revived to sustain its debt without extinguishing the rights of creditors.

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