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Contempt of Court in India and fair Exercise of Power by Judiciary

August 28, 2021 46881 Views 0 comment Print

CHAPTER 1: INTRODUCTION 1.1 HISTORICAL BACKGROUND The history of power of exercising contempt jurisdiction and punishing for contempt of court can be traced back to the 13th century. The ancient period considered king as a primal person to deliver justice and his powers were exhaustive and unquestionable. People during that period had no right to […]

IBC – Limitation for Debt Application & 4 Other Judgments

August 28, 2021 2184 Views 0 comment Print

Recently, the Hon’ble Supreme Court while deciding Dena Bank (Now Bank of Baroda) v. C. Shivkumar Reddy1, an appeal against the judgment of National Company Law Tribunal (NCLAT), wherein the NCLAT rejected the corporate insolvency application on the ground of limitation, settled important issues pertaining to Section 14 and 18 of the Limitation Act, 1963 […]

Refunds of Cess Balances as on 30.06.2017 – Issues & Judicial Views

August 28, 2021 2427 Views 0 comment Print

At the advent of GST, it was hoped that the transition shall happen of all the unutilized closing credit balances of any tax/cess lying in the account of the taxpayer under the previous regime. This was to ensure that such balances do not become cost and therefore result in the cascading effect.

Strong suspicions/coincidences & grave doubts cannot substitute legal proof

August 28, 2021 2157 Views 0 comment Print

Proof of account books of business in criminal trials,ingredients to be proved, explained-Presumption in favour of acts of public servants charged with bringing home economic and other crimes-Kerala General Sales Tax Act, 1963, Sections 46(1)(a), 46(1)(c) and 46(2)(c).

Need for GST exemption to development rights used in commercial units in RREP

August 28, 2021 15708 Views 1 comment Print

Background – Development Agreement In apartments construction business, it is a usual practice that the land owner transfers development rights in the land to a promoter. In consideration, the promoter allots constructed units to the land owner. The promoter constructs some extra units and sells the same. The Land owner, thus sells (transfers) development rights […]

Subsidy paid by Government is deductible for arriving at taxable value for chargeability of GST

August 28, 2021 19944 Views 1 comment Print

The Applicant has sought clarification on the amount of subsidy to be reduced for arriving at taxable value of the solar system from the price declared by the Nodal Agency and whether the Goods and Services Tax (GST) liability would be on the taxable value calculated after subtracting the subsidy amount from the system price.

Mandatory pre-deposit for filing appeal under GST Law

August 28, 2021 125424 Views 3 comments Print

The necessary provisions regarding filing an appeal to Appellate Authority has been provided under CHAPTER XVIII- APPEALS AND REVISION [SECTION 107 TO 121] of the Central Goods and Services Tax Act, 2017 (‘CGST Act, 2017’) supplemented with CHAPTER XIII- APPEALS AND REVISION [RULE 108 TO 116]. Pursuant to the provisions of Section 107(1) of the […]

All you need to know about Cryptocurrency

August 28, 2021 3663 Views 0 comment Print

In the past 10-20 years, our world has changed a lot. We evolved from landlines to smartphones. We have almost shifted from money in the wallet to money in the digital wallet. Demonetization, suddenly made all the businesses be it small or big to shift to accepting online payments. From a vegetable vendor to a […]

Availed Startup Benefits?

August 28, 2021 2172 Views 0 comment Print

I. Introduction What qualifies as a “Start-up” under the Start-up India Scheme? An entity shall be eligible to apply for Start-up Registration if: 1. It is incorporated as a Pvt Ltd Company or registered partnership firm or LLP. 2. Up to ten years from the date of its incorporation/registration 3. Turnover for any of the […]

Trust under Indian trust Act, 1882

August 28, 2021 55596 Views 4 comments Print

A trust is a relationship in which a person or entity is bound by a fiduciary relationship to exercise that legal rights over the trust property for the benefits of any one or more individuals known as beneficiaries. The trust shall be governed by a set of written terms and conditions known as trust deed. […]

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