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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


Covid-19 – How are you placed -Assesses Your Business Risk

April 21, 2020 459 Views 0 comment Print

How are you placed?  The pandemic crisis of Covid-19 has brought legal professionals on their toes to assess the risk and guide business houses as to how to be in a damage control mode. The assessment would revolve around pre-Covid-19, during Covid-19 and post Covid-19 stages since, at present, if the implications are not anticipated […]

Impact on MSMEs amidst COVID-19

April 17, 2020 2214 Views 0 comment Print

Micro Small & Medium Enterprises MSMEs have played a vital role in our economy and with low investment, it is giving the maximum employment in the country providing wide area of products and services. During the lockdown, the MSMEs are suffering because of the sudden break in operations, thereby creating a situation of panic. Some […]

Section 24 of General Clause Act, 1897- Applicable even when Repeal is by Implication: SC

April 16, 2020 6912 Views 3 comments Print

M/s. Fibre Boards (P) Ltd. Bangalore Vs. CIT (Supreme Court), Civil Appeal Nos. 5525-5526 of 2005,  Dated- 11th August 2015 BACKGROUND Prior to 01.04.1988 Section 280ZA of the Income Tax Act, 1961 (‘Act’) provided that any company owning an industrial undertaking situated in an urban area, is entitled for a tax credit certificate with reference […]

A Webinar on Pandemic Legal Intelligence & Business Risk Assessment

April 13, 2020 6243 Views 0 comment Print

PANDEMIC LEGAL INTELLIGENCE & BUSINESS RISK ASSESSMENT Join us for a Webinar on 16th April, 2020 (Thursday) 4.00 P.M. to 5.30 P.M. Register at below (No Charges) https:\\bit.ly/2XvkZjJ BEST STRATEGIES and an INFORMED DECISION matters the most! The pandemic crisis of COVID-19 has brought business houses and legal professionals on their toes to assess the […]

CSR during-Pandemic of Covid-19 A-Ready Referencer

April 10, 2020 2115 Views 0 comment Print

CSR in COVID-19- A Ready Referencer Corporate Social Responsibility (CSR) can   be understood as a Company’s responsibility towards the society, the environment and the community within which it operates. There are various ways in which a Corporate fulfils its CSR obligations as mandated by law. At present, CSR is not seen merely as a charity […]

Direct Tax & International Tax Perspective – Covid 19 Impact- FAQs

April 10, 2020 1227 Views 0 comment Print

Direct Tax & International Tax Perspective–Part I Income Tax Returns 1. Whether there is any extension of due dates in filing the belated returns for the Financial Year 2018-19? Answer: Yes, due date income tax return for Financial Year 2018-19 was 31st March 2020. The Ministry of Finance, vide Press Release dated 24.03.2020 has extend the due […]

FAQs on Compliance Relaxation under GST

April 10, 2020 20046 Views 2 comments Print

Pandemic Legal intelligence – FAQs on Compliance Relaxation under GST Introduction The Central Board of Indirect Taxes and Customs (‘CBIC’) has issued several notifications in order to implement the compliance relaxation announced by Hon’ble Finance Minister amid Pandemic COVID 19. We have analysed the relaxations provided by the Central Government and collated few FAQs on […]

Pandemic Legal Intelligence for Managers Employer’s Perspective

April 9, 2020 993 Views 0 comment Print

Wages & Salary 1. Whether employers can reduce the salaries or bonus of the employees for the lockdown period of COVID-19 due to effect on the turnover of the organization? Answer: The Ministry of Home Affairs vide Order no. 40-3/2020 DM-I(A) dated 29.03.2020 has directed all the employers, be it in the industry or in […]

Interplay between Patents and Tradesecrets

March 17, 2020 792 Views 0 comment Print

Claudio De Simone & Ors. Vs. Acital Farmaceutica SRL. & Ors. (Delhi High Court);  CS(OS) 576/2019, IA No.15741/2019, 17.03.2020 FACTS In the present case, Plaintiff No. 1 was an inventor of a US patent formulation namely; De Simone Formulation. The said formulation is highly concentrated bacterial formulation beneficial for pharmaceutical and dietary indications. In the year […]

Rights of Registered Trademark Holder vis-à-vis Prior User of a Descriptive Trademark

March 16, 2020 22455 Views 0 comment Print

In the present case, the Court by its reasoned order had refused to grant an injunction on the basis that the alleged infringing mark is descriptive in nature and does not tarnish the goodwill of the Plaintiff. Also the same is being used as a label by the Defendant and not as a trademark per se.

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