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Advocate Anand Mishra

Latest Articles


Advertisement, Marketing & Promotion Expense- Controversy

Income Tax : Due to the lack of statutory law and legislative framework governing transfer pricing, the taxability of AMP expenses has become a...

July 27, 2020 5514 Views 0 comment Print

Have you met the Legal Dracula?

Corporate Law : The world came to the standstill with series of lockdown for a simple cause to save the mankind from Covid-19.  Everything was cu...

July 25, 2020 1422 Views 1 comment Print

Compulsory Licensing – Diluting the Rights of a Patentee

Corporate Law : Grant of a patent implies a statutorily granted monopoly on the use of invention. Setting aside the concern that this invention sh...

July 15, 2020 4215 Views 0 comment Print

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

Corporate Law : INTRODUCTION  A trademark, one of the most important Intellectual property incorporates any word, name, image, or any mix, used ,...

July 10, 2020 6855 Views 0 comment Print

Decriminalisation of Cheque Bouncing

Corporate Law : The statement released by Ministry of Finance on 8th June, 2020 has proposed to decriminalize a number of economic offences and on...

July 8, 2020 2142 Views 0 comment Print


Latest News


What is your GST Strategy post Covid-19?- Join our Webinar

Goods and Services Tax : TaxGuru and AMLEGALS brings together TAXEBINAR TAXEBINAR | Pandemic Pro Webinar | GST Unveiled | 14th May, 2020 | Thursday | 4.00 ...

May 11, 2020 10491 Views 0 comment Print

A Webinar on Pandemic Legal Intelligence & Business Risk Assessment

Corporate Law : PANDEMIC LEGAL INTELLIGENCE & BUSINESS RISK ASSESSMENT Join us for a Webinar on 16th April, 2020 (Thursday) 4.00 P.M. to 5.30 ...

April 13, 2020 6243 Views 0 comment Print

Masterclass GST Series – “Are You Ready For GST”

Goods and Services Tax : GST Strategies For Intelligent Companies & Professionals. An Advance & Exhaustive GST Corporate Seminar on 24th November 2016 (Thu...

November 12, 2016 9130 Views 0 comment Print

Corporate Legal Conference on “Are you ready for GST”

Goods and Services Tax : The focus will be on analysis, simplification & interaction on draft GST. The approach will be simplicity with examples for best u...

August 12, 2016 5095 Views 0 comment Print

GST – Negligible Exemptions Are On Card

Goods and Services Tax : Goods & Service Tax in India will result eradication of various exemptions .This is also clear from the statement of Shri Najib S...

December 21, 2015 1667 Views 0 comment Print


Latest Judiciary


SEZ Unit Entitled To Claim Refund of Unutilized ITC

Goods and Services Tax : 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...

April 17, 2023 16245 Views 0 comment Print

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

Custom Duty : HC held that reasons should be stated in seizure memo, order of provisional release and order of extension of time period under C...

February 23, 2023 2547 Views 0 comment Print

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

Income Tax : The real crux of the case is understanding of Section 43B of the Act and object of legislation behind inserting clause (f) to Sect...

July 4, 2020 4644 Views 0 comment Print

Stay on NCLT Order Initiating Insolvency Proceedings against MSME

Corporate Law : Whether the NCLT was correct in passing an order of initiation of the CIRP against a MSME without considering the fact that the mi...

June 23, 2020 2430 Views 0 comment Print

Losing Party cannot seek an Order under Section 34 of Arbitration Act

Corporate Law : A petition under Section 34 of the Act is only for setting aside an Arbitral Award on the limited grounds provided under Sectio...

June 20, 2020 2616 Views 0 comment Print


Latest Notifications


Rule 5A(2) of Service Tax Rules Re-introduced Via Notification No. 23/2014-ST after being held ultra-vires By High Court of Delhi

Service Tax : It is pertinent to note that very recently , the Honourable High Court of Delhi in the case of Travelite (India) vs. UOI & Ors, ...

December 5, 2014 9686 Views 0 comment Print


CEA Led Panel Recommends 15-15.5% GST Revenue Neutral Rate (RNR)

December 5, 2015 1520 Views 0 comment Print

Advocate Anandaday Misshra Finally, its official that today  the chief economic advisor, Mr Arvind Subramanian, has submitted his report on the goods and services tax (GST) to Finance Minister Arun Jaitley of India . The most amazing thing in this report is recommendation of 15-15.5% GST Revenue Neutral Rate (RNR) which is much below than the […]

GST Revenue Neutral Rate ((RNR) To Be around 18%

December 4, 2015 2386 Views 0 comment Print

Advocate Anandaday Misshra It is being claimed by various sources that a report on GST Revenue Neutral Rate (RNR) can be finalised by this week. The committee constituted by Ministry of Finance (MOF) may report a RNR rate around 18 % . It is pertinent to note that the said committee is being headed by Chief […]

GST – 2016 A Truth or Myth?

December 1, 2015 3807 Views 0 comment Print

Advocate Anandaday Misshra Recently, Prime Minister of India, Mr Modi, during his trip to Singapore aired that GST is about to roll out in 2016 in India. This was a big statement, amidst various speculations and political changes in the country. The timing of the meeting between existing PM and previous PM Mr Manmohan Singh alongwith […]

SC Strucks NJAC as Unconstitutional – NJAC Vs. Collegium

October 17, 2015 2131 Views 0 comment Print

The Supreme Court Bar Association favoured NJAC for appointment and transfer of judges. It advocated that it can probe cases of misconduct by judges, including those from the highest judiciary.

Rebate of Duty Admissible Both on Inputs i.e raw materials and Final Goods

October 14, 2015 944 Views 0 comment Print

Supreme Court of India while interpreting Rule 18 of Central Excise Rules, 2002, which is for rebate of excise duty, has held in the case of Spentex Industries Ltd. Vs. Commissioner of Central Excise that Rebate of Duty is Admissible Both on Inputs i.e raw materials and Final Goods.

GST Legislation Draft to be finalised by Sept 15’2015

August 27, 2015 510 Views 0 comment Print

The Revenue secretary , Mr Das has clarified that three draft legislations are being prepared by different committees comprising i) senior officers of the CBEC, ii) department of revenue and finance as well as iii)taxation department officials of state governments

Supreme Court Stays Imposition of Service Tax on Lawyers

August 11, 2015 17975 Views 1 comment Print

Supreme Court bench comprising Chief Justice H.L. Dattu, Justice A.K. Mishra and Justice Amitava Roy has stayed the Bombay High Court’s order, dated 15.12.2014 in the case of P.C. Joshi Vs. Union of India of dismissing the petition challenging levy of service tax on lawyers.

Implementation of GST by 1st April 2016 may Fail

August 6, 2015 904 Views 0 comment Print

Advocate Anandaday Misshra Looking to the ongoing protests and non co-operation movements in the Parliament , the Implementation of Goods & Service Tax (GST) regime in India from 1st April 2016 is in doldrums . Since the factum is that once the GST Bill is passed from Rajya Sabha, it will again take good time to be […]

What is Goods & Service Tax” As Per Supreme Court of Canada

July 31, 2015 985 Views 0 comment Print

Advocate Anandaday Misshra What is GST ? The Supreme Court of Canada in a case of  Reference re Goods and Services Tax had explained as to what is Goods & Service Tax . The important excerpts are reproduced herein below for better understanding of GST since the Indian GST is a version of Canada GST with a pinch […]

GST Era Pushes Indirect Excise Duty On Textile w.e.f 17th July 2015

July 20, 2015 1809 Views 0 comment Print

Advocate Anandaday Misshra The era of Goods & Service Tax (GST) has started with three notifications on 17th July 2015. The idea is to check the breaking of chain for the purpose of GST. It is pertinent to note that more or less, similar and/or same proviso has been inserted in 3 notifications i.e. 34/2015-C.E, 35/2015-C.E […]

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