Team ALA Legal Archive

Aadhar Authentication under GST

Aadhar Authentication is required under GST for obtaining GST registration w.e.f. 01.04.2020. Every registered person under GST is also required to get Aadhar Authentication otherwise his/its registration shall be deemed to be invalid. However, as on date no manner is prescribed for Aadhar Authentication of persons who are already registered under GST or who have …

Government allows bunching of refund claims across FYs as per directions of the Hon’ble Court in the M/s Pitambra Books Pvt Ltd. W.P(C) No. 627 of 2019

The CBIC recently issued the Circular No.135/05/2020 – GST dated 31.03.2020, incorporating the direction of the Hon’ble Court in the Case of M/s Pitambra Books Pvt Ltd. W.P(C) No. 627 of 2019, wherein Court had passed an order Staying the Para 8 of the Circular No. 125/44/2019-GST dated 18.11.2019, (which had imposed the restriction that …

Relief Measures (Tax Compliances) – Announced by Hon’ble Finance Minister

The Hon’ble Finance Minister of India, via press conference on 24.03.2020 has announced the following relief measures relating to Indirect Taxes and Direct Taxes, in view of COVID-19 outbreak in India. The necessary legal circulars and legislative amendments to give effect to said reliefs shall be issued in due course and GST relief shall follow …

Delhi High Court issues Notice to RBI on plea of NBFC challenging the order of cancellation of CoR

In a recent case, the Delhi High Court has issued Notice to the Union of India and Reserve Bank of India (RBI) on plea of a Non-Banking Finance Company (NBFC), challenging the order of RBI cancelling its Certificate of Registration and subsequent Appellate order passed by Appellate Authority for NBFC Registration upholding the same. The …

Demand Notice seeking levy of Interest on Gross Tax Liability under Section 50 stayed by Hon’ble Delhi High Court

Today, i.e. 02.03.2020, the Hon’ble High Court of Delhi at New Delhi, has in a petition challenging the demand notice issued by Department over payment of interest on gross tax liabilty, granted stay in the matter of Sunrise Autoworld Pvt. Ltd. v. Union of India. The Department has sought to levy interest even on the …

A discussion on maintainability of Writ Petition under Article 226 where disputed questions of facts exist.

A discussion on maintainability of Writ Petition under Article 226 – where disputed questions of facts exist. Under Article 226 of the Constitution of India, the High Courts are given the power to issue writs. That this power to issue writ is a discretionary power of the High Courts.  However, the High courts while entertaining …

Insolvency and Bankruptcy (Amendment) Ordinance, 2019: A Critique

Since its inception, the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as “the Code”) has ushered in a new financial culture, which is responsive and vibrant. The Code has yielded positive outcomes by way of bringing in a systematic and institutionalized framework in restructuring of stressed assets from the debt-ridden economy. Prior to the …