LEGAL BLOG
“Legal intelligence Series” is an legal blog of AMLEGALS. It  focuses on latest legal updates and changes in law in Goods & Services Tax in India(GST), Indirect Tax, Arbitration, Insolvency & Bankruptcy (IBC), IPR- Patents, Trademark & Copyright, Contract Laws, Corporate Laws, miscellaneous laws in India etc.
This blog of our law firm has updates on recent case laws of Supreme Court of India, different High Courts of India, Tribunals(NCLT,NCLAT,CESTAT,etc) & various Authorities as well as international laws & Courts.
AMLEGALS Blog covers all latest legal updates and changes in Indian laws with its own remarks for better understanding of legal fraternity.


Refund of ITC is not available for input services under Inverted Duty Structure
202011.05
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Refund of ITC is not available for input services under Inverted Duty Structure

HIGH COURT OF MADRAS Tvl. Transtonnelstroy Afcons Joint Venture v. Union Of India Writ Petition no. 8596 of 2019 | Date: 21.09.2020 FACTS The Madras High Court decided 21 writ petitions under Article 226 of the Constitution of India. Each writ petition had some common factual background and therefore to avoid any unnecessary repetition only…

Notification shall come into force by Publication in Official Gazette and not on the date of issue
202010.22
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Notification shall come into force by Publication in Official Gazette and not on the date of issue

GUJARAT HIGH COURT Ruchi Soya Industries Ltd. v. Union Of India & Ors. Special Civil Application no. 11063 of 2018 | Date: 12.03.2020 FACTS The case involves a number of petitions on analogous issues. The main contention is with respect to the applicability of Section 25(4) of the Customs Act, 1962 (hereinafter, the Act) and…

MSME Legal Safeguards and Provisions
202010.07
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MSME Legal Safeguards and Provisions

INTRODUCTION The Micro, Small and Medium Enterprises (“MSMEs”) Sector plays an essential role in strengthening the Indian economy. In last five decades, MSMEs have contributed immensely in economic and social development of the country by generating employment opportunities, mobilization of resources and by industrializing the rural and backward areas. The equitable distribution of national income…

Unregistered Partnership Firm’s Petition and Bar of Limitation under Section 9 of the Code
202009.25
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Unregistered Partnership Firm’s Petition and Bar of Limitation under Section 9 of the Code

National Company Law Tribunal, Mumbai Bench M/s Shree Dev Chemicals Corporation v. Gammon India Limited  CP (IB) No.3637/MB.IV/2018 | Date: 16.07.2020 FACTS In the present case, Operational Creditor i.e. M/s Shree Dev Chemicals Corporation filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) to initiate Corporate Insolvency Resolution Process…

Arbitration Agreement with No Seat – Where to file Section 11 Application?
202009.25
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Arbitration Agreement with No Seat – Where to file Section 11 Application?

HIGH COURT OF DELHI Aarka Sports Management Pvt. Ltd. Vs. Kalsi Buildcon Pvt. Ltd.  Arb. P 662/2019 | Date: 06.07.2020 FACTS  The Parties had entered into an operation, maintenance and management agreement. Dispute arose therein which was first referred to mediation. When resolution through mediation failed, the arbitration clause was invoked. The arbitration clause is…

No back-door Entry for Defaulters
202009.24
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No back-door Entry for Defaulters

National Company Law Appellate Tribunal, New Delhi Bank of Baroda Vs. Mr. Sisir Kumar Appikatla [C.A. (AT) (Insolvency) No. 579 of 2020] | Date: 20.07.2020 FACTS M/s. Priya Trading Company (“Operational Creditor) has initiated the Corporate Insolvency Resolution Process under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“Code”) against the Veda Biofeuel Ltd….

Taxability of Supply of Wellness or Therapy Services under GST
202009.24
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Taxability of Supply of Wellness or Therapy Services under GST

GUJARAT AUTHORITY OF ADVANCE RULINGS In Re Oswal Industries Ltd. (M/s. Nimba Nature Cure Village) Advance Ruling No. GUJ/GAAR/R/25/2020 | Date: 09.07.2020 FACTS The applicant, M/s. Oswal Industries ltd. (M/s. Nimba Nature Cure Village), is a body corporate registered under the CGST Act, 2017 read with the provisions of the GGST Act, 2017. The Nimba Nature Cure…

Limitation Period for Enforcement of a Foreign Award
202009.23
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Limitation Period for Enforcement of a Foreign Award

SUPREME COURT OF INDIA Government of India v. Vedanta Limited & Anr. CIVIL APPEAL NO. 3185 OF 2020 | 16.09.2020 FACTS  In 1994, the Production Sharing Contract (“PSC”)  was signed between Government of India (“GOI”) on one side and Vedanta Limited, Ravva Oil Singapore Pte. Ltd. and Videocon Industries Ltd. (“Respondents”) on the other side…

Debt Confirmation Letter = Fresh Limitation Period
202009.21
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Debt Confirmation Letter = Fresh Limitation Period

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Yogeshkumar Jashwantlal Thakkar Vs. Indian Overseas bank & Anr.   [Company Appeal (AT) (Insolvency) No. 236 of 2020] | Date: 14.09.2020 BRIEF FACTS The Appeal was filed by the Appellants against the order passed by the National Company Law Tribunal, Ahmedabad Bench (“NCLT”), wherein it ordered admission of…

Decree Holder ≠ Financial Creditor
202009.17
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Decree Holder ≠ Financial Creditor

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI Sh. Sushil Ansal v. Ashok Tripathi  Company Appeal (AT) (Insolvency) No. 452 of 2020 | Date: 14.08.2020 FACTS The Respondent had filed complained the RERA Authority against the Appellant for not completing the construction and demanded a refund. The Authority issued a recovery certificate in favour of the…

Arbitrability of Fraud
202009.17
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Arbitrability of Fraud

SUPREME COURT OF INDIA Avitel Post Studioz Limited & Ors. Vs. HSBC PI Holdings (Mauritius) Ltd. Civil Appeal No. 5145 of 2016 | Date: 19.08.2020 FACTS The Appellant and the Respondent entered into a Share Subscription Agreement (“Agreement”), wherein the Parties decided that the Respondent would invest in Appellant’s equity capital. The Appellant made representation…