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Examining the E-way Bill System Under the GST Regime

[Rajat Gupta is a tax lawyer who deals with matters pertaining to GST. He may be reached at gupta.rajat853@gmail.com.] The Indian Government introduced an e-way bill system under the Goods and Services Tax (GST) regime with effect from April 1, 2018. In the previous tax regime, the concept of e-way bill did not exist and dealers were subjected to the whims and fancies of tax inspectors and officers. An e-way bill is required to be generated in every case where movement of goods is caused by a registered person and the consignment value is Rs. 50,000 or more.[1] Although there are certain circumstances in which an e-way bill is not required to be generated even if the consignment value is Rs.

Tracing the Import of "Undertaking": An Analysis of the Relevant Pronouncements

[Harshit Anand is an Associate at Khaitan & Co, Kolkata, and deals with corporate and real estate matters. He may be reached at harshit.anand@khaitanco.com. Anwesa Paul is a student of law at National University of Study and Research in Law, Ranchi.] The Companies Act, 2013 (Act) does not define the term "undertaking". However, the explanation to Section 180(1) contemplates a numerical definition of the term. The meaning of the expression "undertaking", for the purpose of Section 180(1)(a), refers to an enterprise in which the investment of the company is more than twenty percent of its net worth, as reflected in the audited balance sheet of the previous final year. It would also mean an ent

Taxability of Pagadi under the GST Regime

[Pranjal Agarwal is a third-year student at National Law Institute University, Bhopal.] On May 2, 2018, the Ministry of Finance (India) released a circular clarifying the applicability of the Central Goods and Services Tax Act, 2017 (Act) on the transfer of tenancy rights by payment of a tenancy premium or pagadi. The term pagadi is well heard of while dealing with the real estate sector of the financial capital of the country, Mumbai. The system can be traced back to the colonial rule over India, under which the property was made non-transferable. The owner would allow the tenant to acquire tenancy rights against an additional payment to the nominal rent called the pagadi. Similar to a stan

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