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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 6702 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


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

May 11, 2020 10488 Views 0 comment Print

TaxGuru and AMLEGALS brings together TAXEBINAR TAXEBINAR | Pandemic Pro Webinar | GST Unveiled | 14th May, 2020 | Thursday | 4.00 to 5.00 P.M Register for the Webinar at: No Registration Charge | A Must for CFO, CEO & In-House Indirect Professionals | What is your Tax Strategy post Covid-19? The broader concept of […]

The Code on Social Security, 2019

May 9, 2020 1938 Views 0 comment Print

Currently there are over 40 Labour Law Legislations that are in force in our country. The Government of India has embarked on a herculean task to amalgamate all of these labour law legislations into four Labour Codes. These Codes aims to simplify the labour law compliances which will in turn help these businesses to target their resources toward the development of the industry instead of complicated labour law compliances.

Digital Health vis-à-vis Intellectual Property Rights

May 9, 2020 1350 Views 0 comment Print

Digital Health may be said to include the apparatuses and services that use information and communication technologies (ICT) for the purposes related to health. These purposes widely include improving accuracy in diagnosis, monitoring chronic diseases meticulously and improving treatment processes for the patients.

Challenges and Drawbacks of Pre-Packaged deals in IBC

May 9, 2020 1917 Views 0 comment Print

A pre-packaged scheme is an arrangement under which stressed company and the purchaser negotiate the sale of all or part of a company’s business or assets prior to the appointment of an insolvency professional as administrator. The completion of such a transaction is conditional on the scrutiny of details by the Insolvency professional appointed and until he gives a nod for the sale to be effected, the consideration by the purchaser is held in an escrow account.

Pre-Packaged Deals In IBC

May 8, 2020 2067 Views 0 comment Print

PRELUDE  Since the start of the year 2019, the Government of India has been planning to introduce the concept of Pre-Package Insolvency Schemes in the Indian Insolvency & Bankruptcy Code (IBC). Now due to COVID-19, the businesses all over the country have faced the worst hit since the global economic slowdown of 2008-2009 and it […]

Place of Effective Management Establishments – Corporate Tax Residency

May 6, 2020 3342 Views 0 comment Print

International Tax Perspective – Part II : Place of Effective Management (POEM) Establishments – Corporate Tax Residency Introduction Businesses are currently dealing with a multitude of issues as a result of the measures taken to stop the global spread of the COVID-19. One aspect that might not currently feature at the top of the list […]

COVID-19 Impact on Insolvency Laws in India

May 6, 2020 1590 Views 0 comment Print

Introduction The spread of Pandemic COVID-19 all around the globe has created a situation of hue and cry in different parts of the globe. The Pandemic COVID-19 has affected almost 22 Lakhs people and has caused death of almost 1.5 Lakhs of people all over the globe. In order to contain the pandemic COVID-19 in […]

Delhi HC on Domain Name and Anti-Injunction Suit

April 28, 2020 930 Views 0 comment Print

The Court, in the present case, had appropriately restrained the Suit filed by the Defendant before the Eastern District of New York on the ground of being vexatious and oppressive. Further the Court rightly considered that Domain name is akin to a Trademark.

Enforcement of A Foreign Award & Public Policy of India under Arbitration Act

April 22, 2020 1173 Views 0 comment Print

The Court was satisfied that enforcement of such foreign award shall be against the public policy of India and therefore, the award was denied enforcement. This Court further held that the award could be enforced as per Section 7 (1) (a) (i) of the Foreign Awards Act which protects the parties who are under inability to perform their obligations because of laws applicable or because of invalidity of the agreement.

Covid-19 Outbreak: Techno, Commercial & Legal View on Indian Businesses

April 21, 2020 963 Views 0 comment Print

Evaluation of Impact on Economy Traders at the receiving end of problems. Companies – Will they perish under the burden of the statutory and regulatory compliance? Will MSMEs sink with the economy? Increase in demand of Life & Health Insurance. Pharma Sector, the need of the hour! Logistics – Is it affecting the supply chain? Impact […]

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