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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 5451 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 1419 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 4209 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 6699 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 2121 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 10488 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 6231 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 9127 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 5080 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 1664 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 15741 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 2502 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 4638 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 2400 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 2601 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 9674 Views 0 comment Print


Letter of Credit and Force Majeure

July 5, 2020 3597 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 4638 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 3852 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 795 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 12510 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 2400 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?

Drone Technology Regulations

June 23, 2020 4161 Views 0 comment Print

Innovation is something which is not bounded by the limits and does not aim to take a break. Surfacing of innovations like that of self-driven cars, cloud computing, ‘Machine to Machine’, Internet are a few examples which establish the limitless nature of innovations. These technological innovations are advancing human lives to whole new dimensions. Inventions […]

Tele-medicine: A New Normal Future in India

June 23, 2020 3675 Views 2 comments Print

Advancement in the field of healthcare has always been a challenge in all developing countries, especially like India due to its vast geographical, demographical and landscape factor. These advancements have given rise to one such platform known as Telemedicine. Telemedicine is a practice of caring and engages in treatment of patients remotely when the provider […]

Litigation Financing- General Perspective

June 23, 2020 2607 Views 0 comment Print

A third party who independently provides funds to parties for a dispute in exchange of a fraction of monetary rewards that is recovered from the proceedings is called Litigation Financing. It is also referred as Third Party Funding (TPF). This type of funding adjudges the value of legal claims even before they can be recovered […]

Artificial Intelligence (AI) & its effects on Arbitration

June 23, 2020 4239 Views 0 comment Print

The term Artificial Intelligence itself explains that technology having human capabilities of performing tasks that require human intelligence. This topic is intuitively interesting that one day our disorderly, frenzied human disputes will be determined by the calm, all-knowing logic of a fair and neutral electronic decision maker. While the concept may be appealing, this jump […]

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