gaurav.ala Archive

Recording of reason that facts cannot be verified at appellate level is wholly arbitrary

Citation: M/s Ansari Construction v. Additional Commissioner, CGST, Writ Tax No. 626 of 2020, Allahabad HC In a recent case that came up before Hon’ble Allahabad High Court, the Petitioner proprietorship firm’s certificate of registration had been cancelled by an ex-parte order on the ground that returns for six consecutive months were not filed. The …

Show Cause Notice must clearly spell out its intention of blacklisting the Noticee: Supreme Court

We all understand and well appreciate what crucial role the Principles of Natural Justice play in matters before Quasi judicial Authorities, Administrative Authorities and other authorities. Principles of Natural Justice are deeply entrenched in our Constitutional Jurisprudence. These principles ensure elimination of bias, arbitrariness. In a recent decision, the Hon’ble Supreme Court of India has …

Rectification of error/ mistake apparent on face of record made by the Applicant in SVLDRS declaration

In a recent decision dated 02.11.2020, Hon’ble High Court of Delhi has made an important ruling on the scope of Section 128 of Chapter-V: “Sabka Vishwas (Legacy Dispute Resolution Scheme), 2019. Citation: Bhawna Malhotra v. Union of India, W.P (C) 7350/2020, Delhi High Court dated 02.11.2020 Facts As per the facts of the case, the …

Webinar on “Provisions of IBC relating to Personal Guarantors to Corporate Debtors”

The provisions pertaining to Personal Guarantor under IBC were enforced w.e.f 01.12.2019 by the Ministry of Corporate Affairs. The issue of insolvency resolution of Personal Guarantors to Corporate Debtors has assumed importance only recently. Further, the issue of constitutionality of provisions of Personal Guarantors in IBC is pending before Hon’ble Supreme Court. In this backdrop, …

Professional Opportunities in IBC in current scenario – Issues, Challenges and unanswered Questions

BVSS IBC Group organized a Panel Discussion with Questions and answers on Topic: Professional Opportunities in IBC in current scenario – Issues, Challenges and unanswered Questions Panelists: Advocate (CS) G.P. Madaan, Corporate Lawyer and Advisor IBC Group Advocate (CA) Puneet Agrawal, Managing Partner, ALA Legal & Convenor IBC Group CA Manoj Anand, Insolvency Professional & …

STBA’s Webinar on Summon and SCN under GST- Legal and Practical aspects

Sales Tax Bar Association, the Country’s esteemed Bar Association recently organized a webinar on the topic: “Summon and SCN under GST- Legal and Practical Aspects” Speaker :  Sh. V.  Lakshmikumaran, Eminent Jurist Session Chairman : Sh. H.C.Bhatia, Advocate Session Coordinator: Sh. Puneet Agrawal, Advocate To watch the webinar recording of the same, please visit the …

Implication of CIRP suspension on IBC ecosystem

The Ministry of Law and Justice, on 5th June, 2020 notified the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2020 as promulgated by the President. By virtue of the IBC (Amendment) Ordinance, Section 10A has been inserted in the Insolvency and Bankruptcy Code, 2016 with the object to suspend the operation of Section 7, 9 and …