Advocate Pradeep Kumar
46 articles written by Advocate Pradeep Kumar on ConsultEase.
M/S Unigreen Global Private Ltd vs. Punjab National Bank & Ors.
M/S Unigreen Global Private Ltd vs. Punjab National Bank & Ors. (2017) In a case where winding up proceedings has been initiated again a Corporate Debtor by Hon’ble High Court or Tribunal or liquidation order has been passed in respect of Corporate Debtor, no application
Post sale discount under GST: Facile View
Introduction: CBIC has issued Circular 105/24/2019-GST on treatment of Post Sale Discount also known as Secondary discount under GST Regime. The matter has been under litigation, in view of which CBIC has vide Circular No. 105/24/2019-GST (hereinafter refereed to as ‘the Circular’) clarified the certain
Penalty & Seizure Under GST-Critical Appraisal
Introduction: In this Article detailed analysis has been made of: Section 125: General Penalty Section 126: General disciplines related to penalty Section 129: Detention, seizure, and release of goods and conveyances in transit. 2: The Article critically analyzes step by step each of the above Sections
GST Show cause notice – 20+ cases covered in one article
SHOW CAUSE NOTICE – ITS INGREDIENT & RAMIFICATIONS. The Show Cause Notice (SCN) is a point of initiation of any proceedings be it for (i) recovery of statutory dues (ii) imposition of penalty (iii) recovery of interest (iv) confiscation of assets or (v) or any
Indirect Tax Legal updates#1
1. GST- Validity of detention of goods on the ground of undervaluation of invoice- Held, undervaluation of an invoice cannot be a ground for detention of goods u/s129 of the CGST Act when all the necessary documents as required u/s 68 of the CGST Act
Impact Of GST On Real Estate Sector
GST on real estate: A detailed analysis The Real Estate industry is one of the largest sectors in the country and is a major contributor in the growth of Indian economy. This industry is one of the rapidly growing sectors in India since the factors
Delay in refund – Right of assessee to claim interest from department
Introduction: In this article, an attempt has been by the public_profile to explain exhaustively various situations in which the assessee would be entitled to claim interest in the event of delay in refund of amount withheld by the Department without any justifiable reasons. Background 1.
PRINCIPLE GOVERNING CONDONATION OF DELAY IN FILING OF APPEAL
PRINCIPLE GOVERNING CONDONATION OF DELAY IN FILING OF APPEAL On many occasions, the appeal, as provided under various fiscal laws, could not be filed due to various reasons and, therefore, the appeal has to be accompanied by an application seeking condonation of delay in filing
PRINCIPLE GOVERNING FILING OF APPEAL BEFORE FIRST APPELLATE AUTHORITY.
SECTION 107 CGST ACT: PRINCIPLE GOVERNING FILING OF APPEAL BEFORE FIRST APPELLATE AUTHORITY. Section 107 of Central Goods & Service Tax, 2017 (hereinafter called the GST Act) says that any person aggrieved with the decision or order passed by the Adjudicating Authority may file an
LIABILITY TO PAY INTEREST IS IT ABSOLUTE OR CONDITIONAL – WHETHER REVERSAL FROM CASH OR ITC.
LIABILITY TO PAY INTEREST IS IT ABSOLUTE OR CONDITIONAL – WHETHER REVERSAL FROM CASH OR ITC. The question of payment of interest by the assessee arises under various provisions of Central Goods & Services Act, 2017 (hereinafter called CGST Act) and more particularly in relation
LIABILITY OF NON-EXECUTIVE, INDEPENDENT DIRECTOR & NOMINEE DIRECTOR OF A COMPANY UNDER VARIOUS CORPORATE LAWS & GST ACT.
LIABILITY OF NON-EXECUTIVE, INDEPENDENT DIRECTOR & NOMINEE DIRECTOR OF A COMPANY UNDER VARIOUS CORPORATE LAWS & GST ACT. It is very common that under various Corporate Laws such Companies Act, 2013, SEBI Act, FEMA Act, Foreign Trade (Development & Regulation) Act, Securities Contracts & Regulation
FORCE MAJEURE –CORONA VIRUS- ITS IMPLICATIONS
FORCE MAJEURE –CORONA VIRUS- ITS IMPLICATIONS Force majeure meaning “superior force” chance occurrence, unavoidable accident, is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a