Inder Chand Jain

Inadvertent errors in E-way Bills- Detention of goods & Imposition of Penalty unsustainable

Goods and Services Tax - It is common knowledge that there are sometimes inadvertent mistakes in E-way Bills accompanying the Tax Invoices leading to detention of the goods and imposition of heavy penalties. The common mistakes could be mistake in Vehicle number, mistake in delivery address or discrepancy in the date of invoice & E-way Bill etc. In such cases...

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Faceless ITAT- The Need of the Hour 

Goods and Services Tax - Some Income Tax professionals are not happy with the Budget proposal in respect of introduction of the scheme of Faceless ITAT. These are the same people who had  wholeheartedly & unequivocally welcomed the scheme of Faceless Assessment & Faceless Appeals before the CIT (Appeals). It is common knowledge that Faceless Assessment &...

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HC explains Limit of Rs. 50000 for E-way Bill- Single & Multiple Bill

Goods and Services Tax - HC holds E-way Bill mandatory if aggregate value of consigned goods through multiple Bills exceed Rs.50,000/- although each individual Bill is below Rs. 50,000/- The Kerala High Court in the case of Bon Cargos Private Limited vs Union of India and Ors. in Writ Appeal No.1735 & 1736 of 2020 decided on 21-12-2020 has ruled  […]...

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Capping of interest on PF to discourage savings & investment

Goods and Services Tax - Capping of interest on PF to disincentivise, demotivate & discourage savings & investment in PF The Finance Bill 2021 has introduced capping of tax free interest on PF above the contribution of 2.5 lacs in a financial year. In simple words it implies that if an assessee contributes more than Rs. 2.5 lakh in any […]...

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Adjournments- Blatant Abuse of Process of Law & liable for Clogging of Courts

Goods and Services Tax - “Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi My Lord, par insaaf nahi mila” This dialogue from famous film Damini by actor Sunny Deol’s is one of the most celebrated dialogue ever! But sadly, it reveals the biggest truth of the Judicial System in our country. The Apex Court in a number […...

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SC teaches Court etiquettes to erring lawyer

Goods and Services Tax - Covid pandemic has ushered in a new era and have brought  in new concepts and ways of working in different spheres of life. Our legal system has also undergone a complete change and Video Conferencing Hearings have become the order of the day. The Apex Court and various High Courts are virtually hearing important matters […]...

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Caste system an impediment to choose suitable life partners: Gujarat HC

Goods and Services Tax - The origin of caste system in India was based on the vocation of the persons or group of persons. But gradually it embedded deep into the roots of our social system and values in as much the marriages were performed strictly within the caste and sometimes strictly amongst the sub castes. Times have changed and […]...

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SC slams Delhi Government for filling FIR against Doctor- directs for increasing tests & improving conditions in hospitals

Goods and Services Tax - Our country has been ruled by the invaders and kings for centuries. As a consequence to this, the present ‘rulers’ have a conviction that the government officials, be them administrative officers or doctors in Government hospitals are meek subordinates to the government without any right to expression, without a heart and with...

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SC to soon decide on exigibility of interest on interest on deferred loans during moratorium

Goods and Services Tax - The Reserve Bank of India, in view of the Covid pandemic, realised the financial emergency and liquidity crunch in our economy due to lockdown, announced moratorium for all loans for a certain period. However, there is dispute about the chargeability of interest  by the Banks/ Financial Corporations on this extended period. The business ...

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Wages to workers during lockdown- SC to give verdict on 12 June

Goods and Services Tax - On 04 June 2020, a 3 member bench of the Apex Court passed an interim order that no coercive action be taken against employers for their failure to comply with the 29 March 2020 order of the Ministry of Home Affairs (MHA) for payment of full wages to the workers during the Lockdown. The Court […]...

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SC rules that Reasoned Judgements to be delivered along with Operative Orders

Sudipta Chakrobarty & ANR. Vs. Ranaghat S.D. Hospital & ORS. (Supreme Court of India) - Sudipta Chakrobarty & ANR. Vs Ranaghat S.D. Hospital & ORS. (Supreme Court) It is Common knowledge that some Courts/ Tribunals/ Officers have a practice to pass operative part of the order but give a reasoned/detailed order stating reasons much later sometimes even months later. The Apex Cou...

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Is Concession in Law made by Counsel Binding on the Client?

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India) - Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India) A very important issue recently came up before the Apex Court wherein the Court settled the controversy as to whether concession made by any counsel would bind the litigating  party. The Apex Court  in the case of Kir...

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Law on Delay Condonation does not differentiate between Government & private party: SC

Deputy Conservator Of Forests Vs. Timblo Irmaos Ltd. & Ors. (Supreme Court) - Deputy Conservator Of Forests Vs. Timblo Irmaos Ltd. & Ors. (Supreme Court) The law on Delay Condonation does not differentiate between Government & private party- Mst. Katiji & Ors., AIR 1987 SC 1353 out dated due to technological advancements. The Apex Court has been repeatedly reitera...

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SC reprimands practice of pronouncing Final Orders without passing detailed & reasoned judgments

Oriental Insurance Co. Ltd. Vs.Zaixhu Xie & Ors. (Supreme Court) - Oriental Insurance Co. Ltd. Vs.Zaixhu Xie & Ors. (Supreme Court) Apex Court reprimands the practice of pronouncing Final Orders without passing detailed & reasoned judgments It is common knowledge that the Courts sometimes pronounce final orders at the time of hearing of the case but do not ...

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DM obligated to provide protection & security to senior citizens

Dr. Krishna Pal Singh (Senior Scientist) & Another Vs. State of U.P. (Allahabad High Court) - Maintenance of Parents & Senior Citizens Act- DM to ensure the protection of life and property of senior citizens to enable them to live with security and dignity...

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Recent Posts in "Inder Chand Jain"

Inadvertent errors in E-way Bills- Detention of goods & Imposition of Penalty unsustainable

It is common knowledge that there are sometimes inadvertent mistakes in E-way Bills accompanying the Tax Invoices leading to detention of the goods and imposition of heavy penalties. The common mistakes could be mistake in Vehicle number, mistake in delivery address or discrepancy in the date of invoice & E-way Bill etc. In such cases...

Read More

SC rules that Reasoned Judgements to be delivered along with Operative Orders

Sudipta Chakrobarty & ANR. Vs. Ranaghat S.D. Hospital & ORS. (Supreme Court of India)

Sudipta Chakrobarty & ANR. Vs Ranaghat S.D. Hospital & ORS. (Supreme Court) It is Common knowledge that some Courts/ Tribunals/ Officers have a practice to pass operative part of the order but give a reasoned/detailed order stating reasons much later sometimes even months later. The Apex Court recently on February 15, 2021 in the ...

Read More

Faceless ITAT- The Need of the Hour 

Some Income Tax professionals are not happy with the Budget proposal in respect of introduction of the scheme of Faceless ITAT. These are the same people who had  wholeheartedly & unequivocally welcomed the scheme of Faceless Assessment & Faceless Appeals before the CIT (Appeals). It is common knowledge that Faceless Assessment &...

Read More

HC explains Limit of Rs. 50000 for E-way Bill- Single & Multiple Bill

HC holds E-way Bill mandatory if aggregate value of consigned goods through multiple Bills exceed Rs.50,000/- although each individual Bill is below Rs. 50,000/- The Kerala High Court in the case of Bon Cargos Private Limited vs Union of India and Ors. in Writ Appeal No.1735 & 1736 of 2020 decided on 21-12-2020 has ruled  […]...

Read More

Capping of interest on PF to discourage savings & investment

Capping of interest on PF to disincentivise, demotivate & discourage savings & investment in PF The Finance Bill 2021 has introduced capping of tax free interest on PF above the contribution of 2.5 lacs in a financial year. In simple words it implies that if an assessee contributes more than Rs. 2.5 lakh in any […]...

Read More

Adjournments- Blatant Abuse of Process of Law & liable for Clogging of Courts

“Tareekh pe tareekh, tareekh pe tareekh, tareekh pe tareekh milti gayi My Lord, par insaaf nahi mila” This dialogue from famous film Damini by actor Sunny Deol’s is one of the most celebrated dialogue ever! But sadly, it reveals the biggest truth of the Judicial System in our country. The Apex Court in a number […...

Read More

Revamping Corruption Laws- Need of the Hour

There are 2 startling News this week.The civil contractor held responsible for devastating death of 24 people due to roof collapse in Muradnagar (U.P.) has during interrogation revealed that he had paid Rs. 16 lacs as commission/ graft to the concerned Junior Engineer & Executive Officer out of Rs. 42 lacs paid to him. This […]...

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Is Concession in Law made by Counsel Binding on the Client?

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India)

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd (Supreme Court of India) A very important issue recently came up before the Apex Court wherein the Court settled the controversy as to whether concession made by any counsel would bind the litigating  party. The Apex Court  in the case of Kirti vs. Oriental Insurance Company [&hell...

Read More

Plea for Implementation of Pre Legislative Consultation Policy

A lot of new laws are being legislated by the Central Government/ State Government and new policy decisions are being taken by them, which affect & influence the common man. The Government pleads that the legislation is assented  by the elected members of the Parliament/ Legislative Assembly and there is no need & legal requireme...

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What to do with ‘Black Money’- Ways to convert it – ‘opportunities’ galore

The subject lures any reader because most of us are in possession of ‘Black Money’ & are interested in finding a device to convert  their ‘dirty money’ nicknamed as ‘Black money’ into ‘White money’. The moment the colour of the money changes from dark, dingy, gloomy & frightening &#...

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