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Verification of pleadings under CPC as amended by Commercial Courts Act, 2015

November 13, 2021 60186 Views 1 comment Print

Order VI of Civil Procedure Code (CPC) deals with pleadings in general. Order VII deals with plaint and Order VIII deals with written statement.  Order VI, Rule 1 defines pleadings as follows: 1. Pleading: Pleading shall mean plaint or written statement. Pleading is nothing but what a party to a suit pleads in support of […]

Replication & Subsequent Pleadings Under Civil Procedure Code, 1908

November 12, 2021 179451 Views 1 comment Print

One crucial question is when does the pleading under Civil Procedure Code, 1908 (CPC) can be deemed to have been complete? Does filing of subsequent pleading after filing of Written Statement be permissible? Generally, Pleadings are completed when Defendant files its Written Statement (“WS”). However, the Order VIII Rule 9 permits the parties to file […]

Grandfathering provisions under Capital Gains

November 7, 2021 342696 Views 4 comments Print

By Finance Act, 2018 the grandfather clause has been introduced in respect of investment made on or before 31 January 2018 in equity shares or units of an equity-oriented mutual fund. Grandfather provision means – a grandfather clause/grandfather policy/grandfathering is a provision in which an old rule continues to apply to some existing situations while a […]

Section 91/92 Evidence Act- Written instruments are entitled to a much higher degree of credit than parol evidence

October 26, 2021 17202 Views 0 comment Print

V. Anantha Raju Vs T.M. Narasimhan (Supreme Court of India) Section 91/92 Evidence Act- Written instruments are entitled to a much higher degree of credit than parol evidence Recently, Judgement dated 26th October, 2021 [in the matter of V ANANTHA RAJU & ANR V T.M. NARASIMHAN & ORS. (Civil Appeal No. 6469 of 2021)] has […]

Calculating limitation period for proceedings under IBC?

October 22, 2021 12138 Views 0 comment Print

V Nagarajan Vs SKS Ispat and Power Ltd.& Ors. (Supreme Court of India) When will the clock for calculating the limitation period run for proceedings under the IBC? The Insolvency and Bankruptcy Code 2016 (‘IBC’) envisages a comprehensive dispute resolution process in Chapter VI. The NCLT is the empowered ‘Adjudicating Authority’ under Section 60 of […]

Ready to receive Show Cause Notice under GST

October 21, 2021 31065 Views 0 comment Print

The last dates of filing of the Annual Return under Section 44 of the Central Goods and Services Tax Act, 2017 (CGST Act, 2017), for the Financial Years 2017-18, 2018-19 & 2019-20 were as under: Sr. No.  Period Last date to file Annual Return 1 2017-18 05th & 7th February, 2020 (Notification No. 06/2020-Central Tax, […]

Electronic Credit Ledger cannot be used in respect of payment of pre-deposit for the purpose of filing appeal under GST Law

October 21, 2021 6627 Views 0 comment Print

In Jyoti Construction v. Deputy Commissioner of CT & GST, Jajpur, the Hon’ble High Court of Orissa has pronounced its order dated 07th October, 2021 that Electronic Credit Ledger (“ECRL”) cannot be used to give the pre-deposit for the purpose of filing an appeal under GST and the payment for the same must be done […]

Clarification regarding carrying physical copy of invoice during movement of goods in case of e-invoice

September 23, 2021 20475 Views 0 comment Print

[Ref:Circular No. 160/16/2021-GST, dated 20th September, 2021] In exercise of its powers conferred by Section 168(1) of the Central Goods and Services Tax Act, 2017 ( CGST Act), CBIC has clarified, vide Circular No. 160/16/2021-GST, dated 20th September, 2021 in respect of carrying a physical copy of invoice during movement of goods in cases where invoice has […]

Clarification Regarding ITC Under Section 16(4) for Issuance of Debit Notes

September 21, 2021 147486 Views 1 comment Print

With effect from 01.01.2021, Section 16(4) of the CGST Act was amended vide the Finance Act, 2020, so as to delink the date of issuance of debit note from the date of issuance of the underlying invoice for purposes of availing input tax credit.

Extension of timeline for filing of application for revocation of cancellation of registration to 30/09/2021

September 21, 2021 2376 Views 0 comment Print

The Government has extended timeline for filing of application for revocation of cancellation of registration to 30/09/2021, where filing thereof falls due during 01/03/2020 to 31/08/2021, vide Central Tax Notification 34/2021 dt. 29/08/2021 (Partial Modification of Notifications No. 35/2020 Central Tax, dated 03/04/2020 and No. 14/2021 Central Tax, dated 01/05/2021), in the cases where registrations […]

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