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Advocate Rajesh Kumar

Latest Articles


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...

September 7, 2020 29157 Views 3 comments Print

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 eff...

December 30, 2019 4275 Views 0 comment Print

Meaning of Intermediary Services under GST

Goods and Services Tax : When a services falls under the definition of intermediary, the provision of place of supply becomes different. Thus classificatio...

April 3, 2019 58974 Views 6 comments Print

Disclosing Reason to Believe

Income Tax : ‘Reason to believe’ is a mysterious term. Nobody knows what is reason to believe, or how to judicially determine the i...

March 27, 2019 4884 Views 0 comment Print

Opening Liaison Offices in India

Fema / RBI : Prospective companies and investors looking to enter India must carefully consider their options for investment and available aven...

March 20, 2019 8085 Views 0 comment Print


Rebate of Excise Duty in Area Based Exemption Scheme

November 18, 2009 1906 Views 0 comment Print

The Central Government vide Notification No. 37/2007-C.E.(N.T.) dated 17.09.2007, amended the Notification 19/2004-C.E.(N.T.) dated 06.09.2004 by inserting clause 2(h), whereby it is provided that when a manufacturer is taking Area Based exemption under various notifications, he shall not be eligible for rebate of export goods. The clause reads as,

Cenvat credit of service tax paid on outward freight

November 18, 2009 3765 Views 0 comment Print

Service Tax is an enigma. It has shown to the government that you can tax the largest sector of the economy without having a codified law. It has shown to the tax administrators that it is better to tax without a law as law reduces your discretion. The only sufferer is tax assessee- but in any case, law or no law, they are there to suffer. The administration of Service Tax show ad-hocism at its zenith. In this ad hocism the method of collecting Service Tax on Goods Transport Operator is high point in enforcing uncertainty- I have heard uncertainty of law is the greatest cruelty. The service tax administrator has forgot this cliché.

Procurement of Cheque by Department: Is it Legal?

November 16, 2009 423 Views 0 comment Print

It is a fact of common knowledge that in pendency of the investigation proceeding, the departmental officers coerce the assessee to deposit some part of the potential demand. The coercion to deposit the amount is more, when a more premier agency is investigating the case. Such deposit of amount is boasted by the officers in their report to their superiors.

Discretion: Root cause of Corruption

November 16, 2009 1356 Views 0 comment Print

Corruption is part and parcel of our life. A common person is faced with this problem, almost every time he approaches Public authorities for any permission, exemption or for any other public benefit. There are numerous allegations against public authorities for corruption with respect to functions like permission for building a residential accommodation, opening up a restaurant or any other commercial activity,

White Paper on GST

November 15, 2009 9184 Views 0 comment Print

GST has been the preferred mode of taxation of goods and services and has been introduced in more than 140 countries. Most countries have single GST rate, however some countries like Canada & Brazil has dual GST structure. White paper proposes dual structure for GST in India. Standard GST rate in most countries vary between 15-25%.

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