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eMinds Legal Advocates & Solicitors

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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Articles by eMinds Legal

Frequently Asked Questions and Answers on GST

Question 1 :   What is the justification of GST ?   Answer : There was a burden of tax on tax in the pre-existing Central excise duty of the Government of India and sales tax system of the State Governments. The introduction of Central VAT (CENVAT) has removed the cascading burden of tax on tax… Read More

Draft Point of Taxation (for Services Provided or Received in India) Rules

The Government of India proposes to issue Point of Taxation (for Services Provided or Received in India) Rules, 2010 in exercise of the powers conferred on it under Sec. 94 (2) (hhh) of the Finance Act, 1994. The purpose of these rules is to introduce clarity and certainty in the matter of levy and collection… Read More

Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

Circular No. 10 /2011-  Customs F. No. 305/1/2008-FTT Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs (International Customs Division)   Dated the, 24th February, 2011 To   All Chief Commissioners of Customs/ Customs (Prev.), All Chief Commissioners of Central Excise, All Chief Commissioners of Central Excise & Customs, All Director Generals under CBEC,… Read More

Procedure of Advance Rulings in Customs and Central Excise

In terms of Section 28H of the Customs Act, 1962, Section 23 H of the Central Excise Act, 1944 and Section 96H of the Finance Act, 1994, the Authority for Advance Rulings,  Central Excise, Customs and Service Tax, has regulated its procedure in all matters arising out of the exercise of its powers under the respective Acts.… Read More

Stamp duty implications arising out of an issuance and transfer of debentures of an unlisted company

[2010] 98 CLA (Mag.)  5 Sidharrth Shankar ¢ Vatsal Gaur As part of any transaction involving issuance of debentures by a company, or transfer of debentures of a company, a crucial question which often arises is as to determination of the stamp duty payable on such issuance or transfer of debentures. The answer to this… Read More

Directors™ vicarious liability for dishonor of company cheque Landmark judgment of Supreme Court

[2010] 98 CLA (Mag.)  1 By Dr. K R Chandratre In this article Dr. K R Chandratre, Practising Company Secretary ; Past President, Institute of Company Secretaries of India, discusses standard penal provision which fastens vicarious liability on the directors of the company for offences committed by the company in the light of the landmark… Read More

Oppression/Mismanagement Matter following within the purview of MOU

Any issue relating to a matter which falls under the purview of the memorandum of understanding (˜MoU™) between the parties is not within the purview of the Company Law Board and cannot be entertained in a proceeding under section 397/398. Companies Act, 1956 Section 397/398 Oppression/Mismanagement Petition for relief against Issue relating to a matter… Read More

Tag: Oppression and Mismanagement

Default in filing Annual Return

Sections 159 and 168 Offence and prosecution Default  in filing annual return Prosecution of director who resigned before default took place How far tenable Where the director resigned from his post, his resignation was accepted and was communicated to the Registrar of Companies prior to the default of non-filing annual return took place, he cannot… Read More

Restoration of defunct company

Section 560 Defunct company Restoration of Whether it is a mandatory requirement for the Registrar  to send notice to the company before striking off name from register If the name of the company is struck off  from the register of companies without notice under sub-section (6) of section 560, the Registrar of Companies is required… Read More

Tag: Defunct company

When can arbitration agreement be said to be in writing

[2010] 98 CLA (Snr.) 2 (Bom.) Nasir Husain Films (P.) Ltd. v. Saregama India Ltd. and another Appeal No. 457 of 2007 in Arbitration Petition No. 81 of 2007 Decided by the High Court of Bombay F I Rebello & R S Mohite,  JJ 7th April 2008 [2010] 2 Comp LJ 393 (Bom.) Section 7… Read More

Tag: Arbitration Agreement

Arbitration clause When can be held to be valid

[2010] 98 CLA (Snr.) 1 (Bom.) Rajiv Vyas v. Johnwin Manavalan and another Arbitration Petition No. 222 of 2008 Decided by the High Court of Bombay S J Kathawalla, J 6th July 2009 [2010] 2 Comp LJ 454 (Bom.) Section 7 Arbitration agreement Arbitration clause When can be held to be valid, subsisting and binding… Read More

Tag: Arbitration Agreement

Prerequisites of an Arbitration Agreement

Arbitration and Conciliation Act, 1996 [2010] 98 CLA (Snr.) 1 (P&H) Ramji Bharany and others v. Ambience Developers and Infrastructure (P.) Ltd. First Appeal from Order No. 583 of 2010 (O&M) Decided by the High Court of Punjab & Haryana Rakesh Kumar Jain, J 21st May 2010 (2010-3) 159 PLR 198 Section 7 Arbitration agreement… Read More

Tags: ArbitrationClass actionFederal Arbitration ActHaryanaStolt-NielsenSupreme CourtSupreme Court of the United StatesUnited States

Prevention of Money-laundering Amendment Rules 2010

Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Amendment Rules, 2010 GSR 508(E) dated 16th June 2010 issued by… Read More

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