Advocate Rajesh Kumar

Section 7 of PC Act, 1988 cannot be invoked in absence of ‘Demand & acceptance of illegal gratification’

Corporate Law - The demand and acceptance is mandatory ingredients of section 7 of aforesaid act which cannot be overlooked at the time of lodging cases. Section 7 of the PC Act, 1988 reads as under:...

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Implications of IBC Amendment Ordinance, 2019

Corporate Law - Union Government promulgated Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 on December 28, 2019. The Ordinance is effective at once. The Ordinance proposes to make amendments in the various provisions Insolvency and Bankruptcy Code, 2016; notably in Sections 5(12), 5(15), 7, 11, 14, 16(1), 21(2), 23(1), 29A, 227, 239, 240 in ...

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Meaning of Intermediary Services under GST

Corporate Law - When a services falls under the definition of intermediary, the provision of place of supply becomes different. Thus classification of a service under intermediary or otherwise affects various provisions like inter-state/intra-state supply or export or import of service. Therefore, it is necessary to under the provision of intermediary un...

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Disclosing Reason to Believe

Corporate Law - ‘Reason to believe’ is a mysterious term. Nobody knows what is reason to believe, or how to judicially determine the issue. As a matter of practice, it is generally not disclosed by the revenue. This article is an effort to understand the provisions related to “reason to believe” and legal lacuna therein. Examination of th...

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Opening Liaison Offices in India

Corporate Law - Prospective companies and investors looking to enter India must carefully consider their options for investment and available avenues for establishing a business presence in India. Foreign Investor or Foreign companies can open a liaison office in India for promoting and facilitating the parent company business activities and which can ac...

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Recent Posts in "Advocate Rajesh Kumar"

Section 7 of PC Act, 1988 cannot be invoked in absence of ‘Demand & acceptance of illegal gratification’

The demand and acceptance is mandatory ingredients of section 7 of aforesaid act which cannot be overlooked at the time of lodging cases. Section 7 of the PC Act, 1988 reads as under:...

Read More
Posted Under: Fema / RBI |

Implications of IBC Amendment Ordinance, 2019

Union Government promulgated Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 on December 28, 2019. The Ordinance is effective at once. The Ordinance proposes to make amendments in the various provisions Insolvency and Bankruptcy Code, 2016; notably in Sections 5(12), 5(15), 7, 11, 14, 16(1), 21(2), 23(1), 29A, 227, 239, 240 in ...

Read More
Posted Under: Fema / RBI |

Meaning of Intermediary Services under GST

When a services falls under the definition of intermediary, the provision of place of supply becomes different. Thus classification of a service under intermediary or otherwise affects various provisions like inter-state/intra-state supply or export or import of service. Therefore, it is necessary to under the provision of intermediary un...

Read More
Posted Under: Fema / RBI |

Disclosing Reason to Believe

‘Reason to believe’ is a mysterious term. Nobody knows what is reason to believe, or how to judicially determine the issue. As a matter of practice, it is generally not disclosed by the revenue. This article is an effort to understand the provisions related to “reason to believe” and legal lacuna therein. Examination of th...

Read More
Posted Under: Fema / RBI |

Opening Liaison Offices in India

Prospective companies and investors looking to enter India must carefully consider their options for investment and available avenues for establishing a business presence in India. Foreign Investor or Foreign companies can open a liaison office in India for promoting and facilitating the parent company business activities and which can ac...

Read More
Posted Under: Fema / RBI |

Meaning of “Associated Enterprises” for “Transfer Pricing” Provisions

Under Section 92A of the Income Tax Act, two enterprises are treated as Associated Enterprises only when one of the enterprises participates in “management, control or capital” of the other enterprise. Section 92A(1) of the Income-tax Act specifies that and “Associated Enterprise” in relation to another enterprise, means an enterp...

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Posted Under: Fema / RBI |

Proporsition in Composition Scheme Under GST

Tax runs the society and the legislature always outreach to make the levy and collections of the tax in a broader base i.e. include as many persons as possible in the taxable net. The government always encourage small tax payers to come voluntarily within the taxable net and try to make the procedure simplified for them. ...

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Posted Under: Fema / RBI |

Refund Under Goods and Services Tax

The administration of tax is run through a mechanism there by maintaining a fine balance between the revenue collection and cash follow available to the business. In every tax statute there has to be a provision of refund for any amount which was not levy and collected properly or for the amount which by the process of law is required to ...

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Posted Under: Fema / RBI |

Seizure of Cash During Investigation in Central Excise

In order to carry business activities we need cash. It is required to purchase raw material, to pay for transportation, to pay for the numerous activities which are essential to run the business. Similarly, many a times the cash is received for the goods sold or services rendered...

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Posted Under: Fema / RBI |

Farewell to Cadila verdict on allowability of input credit on Commission

High Court of Gujarat ruled that service tax paid on the commission of the commission agent is not an input service and as such credit of tax paid cannot be availed. The judgment was received by the revenue with much gusto. The demands for credit reversal were raised PAN India on the basis of this judgment and conveniently contrary judgme...

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Posted Under: Fema / RBI |

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