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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


Benefit of Exemption Notification- Reference Answered by Supreme Court

August 14, 2018 2886 Views 0 comment Print

What is the interpretative rule to be applied while interpreting a tax exemption reportable provision/notification when there is an ambiguity as to its applicability with reference to the entitlement of the assessee or the rate of tax to be applied?

Dispute Under Insolvency and Bankruptcy Code, 2016

April 24, 2018 4815 Views 0 comment Print

The test of Dispute is the sine qua non for entertaining a claim under IBC. If there is an existence of a dispute between the Operational Creditor and the Corporate Debtor then the adjudicating authority may reject the application under IB Code.

Goods & Services Tax (GST) Curbs Unjust Profit Via Anti-Profiteering

April 15, 2018 2562 Views 1 comment Print

Anti-Profiteering is going to be the biggest grey area in GST. Business entities should cautiously adopt their costing failing which they will land up with unwanted litigation in future.

Anti – Profiteering – A Law To Curb Unjust Profit

March 18, 2018 1962 Views 0 comment Print

The change was so dynamic that it could lead to boosting the GDP of India and also result in changes in price of goods and services as well. The business transactions suddenly saw different trend altogether.

GST intelligence in 2018

January 6, 2018 3036 Views 0 comment Print

I must share certain pathetic situations of corporates which i came across while rendering ex-parte counsel opinions in last 5-6 months on certain already implemented process of GST in different organisations including anti-profiteering on regular basis.

GST-A Practical Business Tax Vs. Practical Business Challenges

May 10, 2017 4008 Views 0 comment Print

GST is a tax known throughout the world as practical business tax. It is not a tax on income but a tax on business as settled in courts of law in various country having GST regime. Thus, it was coined to be a practical business tax.

Budget 2017- Goods and Services Tax

February 16, 2017 5616 Views 1 comment Print

The budget 2017, as expected has neither proposed anything specific nor has resulted any change in the existing indirect tax laws . The entire budget could however reflect a strong will to implement GST at an earliest possible date.

GST Implementation, GST Deadline & GST As Money Bill

November 12, 2016 11665 Views 0 comment Print

GST implementation in India has a new deadline of 16th September, 2017. This has been aired by FM that anyhow GST will be implemented in India not later than the said date.

Masterclass GST Series – “Are You Ready For GST”

November 12, 2016 9130 Views 0 comment Print

GST Strategies For Intelligent Companies & Professionals. An Advance & Exhaustive GST Corporate Seminar on 24th November 2016 (Thursday) at Novotel, Juhu, Mumbai (9.15 a.m. to 5.15 p.m.)

GST- One Nation, One Tax, Four Rates Finalised

November 4, 2016 38182 Views 4 comments Print

In its meeting on 03rd November 2016 GST Council has finalised Four GST Rates of 5%, 12%, 18% & 28% which will be levied on Various good post implementation of GST.

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