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22Mar, 2024
Legal phrases used in Laws –
Useful for Law Practitioner:
1 Suo moto: own motion
2 Deeming fiction cannot be stretched beyonyd the purpose for which it is created
3 The words used in Law are not used for nothing
4 To invoke Provision : To make use of particular provision
5 Ipso Facto: By this fact alone or because of this matter alone
6 ‘MAY’ may be treated as ‘SHALL’ but ‘SHALL’ shall not be treated as ‘MAY’
7 Tenable: Acceptable in law
8 Redundant Provision : Out of Force or Outdated Provision
9 Quasi : Almost Similar to
10 Quasi Criminal: Almost equal to criminal
11 Jurisprudence: Law relating to particular matter
12 Mensrea: Guilty Mind
13 Ibid: As printed earlier
14 Suo Moto: On its own
15 Prima Facie: On its face
16 Non est: What is not in existence / Non existing thing
17 Call in question: To challenge
18 De Nova: Completely New
19 Sine quo non: Most essential thing
20 Purposes of this Act: Proceeding must be pending
21 Reason to believe Vs Reason to suspect: Refer various caselaws
22 Derived from & attributable to: Derived from refers to direct connection with a
particular matter whereas attributable to refers to an indirect connection
23 Mutatis Mutandis: After making necessary changes as may be required
24 Discovery Vs Detection: Discovery is made by the assessee whereas detection is
done by the Assessing Officer
25 To Quash: The process of cancelling the proceeding of Assessing Authorities by
Judicial Authorities
26 So far as may be: To the extent possible
27 Travisity of Justice : A ridiculous interpretation of a very serious statement, making a
mockery of a very serious matter
28 To impugne : To challenge
29 Save as otherwise provided : Except to the extent as oppositely provided
30 If one section is overriding the other section : Use Words “Not withstanding
anything contained in ……”
31 If one section is superceded by the other section : Use words “Save as otherwise
provided………..”
32 Other provisions apply in General way: Use words “Without prejudice to the
provisions ……………..”
33 Reckoned : Recognised, Counted, Calculated
34 Doctrine of Merger: When an order passed by the lower authority is superceded by
the higher authority
35 Doctrine : Principle or saying in general acceptance
36 In Pari Material Pavi Causa: Same material, same content {Eg. Sec. 24B of IT Act,
1922 is Pari Material with Sec. 159 of IT Act, 1961. In such a case a judgement given
in respect of section 24B would be valid in respect of sec. 159}
37 Per se : By itself
38 Cy Press : As near as possible
39 Tax is always charged, Interest is levied and Penalty is imposed
40 Deductions are admissible, Relief is granted.
41 Return is always furnished, Assessment order is made / passed.
42 De hors : Independent of
43 Order of Injunction of HC : Stay order.
44 Several Liability means separate liability. [Refer sections 168(3), 171(7), 179(1)
178(5) & 188A.]
45 Legatee is a person for whose benefit there exists an asset of a deceased
46 Locus Standi : Directly involved in relation or deal.
47 Garnishee Proceeding : The proceeding which gives Govt. the right to attach (i.e.
forcibly take over) any asset from a person who is defaulter.
48 Vitiate Proceedings : To make proceedings null, void.
49 Inter alia : Among other things.
50 Audit Altream partem : It is a principle of natural justice. According to this principle,
which is the principle in every civilized jurisprudence, a person against whom any
action is sought to be taken or a person whose rights or interests are to be affected
should be given a reasonable opportunity to defend himself.
51 Resjudicata : [Once the decision of HC comes then on that same point again appeal
cannot be made.] The issue of Law which has been already decided shall not be
pleaded for review.
52 In Limine : At the outset (i.e. at the beginning)
53 Suspended animus : An order under Appeal is not subject to any action by any
authority till the order disposing of the appeal is available.
54 Subjudice : Under an appeal to a court, decision awaited.
55 Adjudicate : Consider for judgement. A court adjudicates means gives its decision on
a particular matter.
56 Akin : Similar to; of the same type
Coterminus : Similar to; of the same type
57 Impediment : Obstacles or Hindrance.
58 Sine Di: For indefinite period.
59 To deduce : Logically come to the conclusion.
60 Purview : Scope
61 Bounty : Additional Advantage
62 Ad Hoc : Without any particular rate, percentage, proportion.
63 Ad infinitum : Without any Time limit.
64 Ad interim : In the Mean Time
65 Bonafide : Genuine
66 Surmises : Presumptions, own assumptions
67 Defacto : Infact
68 Defjure : In Law, irrespective of whatever the facts.
69 Ejusdem Generis : Of the same kind
70 Ex-gratia : As a matter of grace ir favour
71 Ignorantia Legis known excusat : Ignorance of law is not excused
72 Mesne Profit : Profit earned by somebody by wrongful possession of property.
73 Modus Operandi : Mode of Operation / Manner of working
74 Nexus : Close connection link.
75 Onus probandi : Onus of proof / The burden of Proof.
76 Non obnstante clause : That provision has superceding effect on any other provision
77 Raison D’etre : Reason or justification for existence.
78 Ratio Decidendi : Reason for deciding / Grounds for decision
79 Suijuris : of his own right.
80 Assessee engaged in ……………. : The activity should have started
81 Option Vs Discretion : Whenever choices is available to the assessee in respect of
any matter. Law uses the word at his option – for eg:
1. Sec 11(11) – Explanation to Sec. 11 (11)
2. Sec. 23(4)
82 amicus curiae : Friend of court; one who voluntarily or on invitation of the court, and
not on instructions of any party, helps the court in any judicial proceedings
83 audi alteram : hear the other side. Both sides should be heard before a decision is
arrived at
84 caveat emptor : let the purchaser beware. A ———- implying that the buyer must
be cautious, as the risk is his and not that of the seller.
85 cestui que trust : a beneficiary under a trust, the person for whose benefit the trust is
created
86 ex officio : by virtue of an office.
87 ex parte : exkpression used to signify something done or said by one person not in the
presence of his opponent.
88 fait accompli : An accomplished act.
89 obiter diccum : an opinion of law not necessary to the decision. An exspression of
opinion (formed) by a judge on a question immaterial to the ratio decidendi, and
unnecessary for the decision of the particular case. It is no way binding on any court,
but may receive attention as being an opinion of the high authority.
90 pendente lite : during litigation.
91 per incuriam : through carelessness, through inadvertence. A decision of the court is
not binding precedent if given peer incuriam, that is, without the court’s attention having
been drawn to the relevant authorities, or statutes.
92 pro tanto : to that extent, for so much, for as much as may be.
93 quid pro quo : the giving of one thing of value for another thing of value; one for the
other; thing given as compensation.
94 Ratio Decidendi : Reason for deciding / Grounds for decision
95 res integra : an untouched matter; a point without a precedent; a case of novel
impression.
96 rule njsi : a rule to show cause why a party should not do a certain act, or why the
object of the rule should not be enforced.
97 in personam : against the person; an act or preceeding done or directed with
reference to no specific person or with reference to all whom it might concern.
98 in rem : an act / proceeding done or directed with reference to no specific person or
with refernce to all whom it might concern.
99 inter vivos : between living persons.
100 intestate : a person is deemed to die intestate in respect of property of which he or she
has not made a testamentary disposition (“will”) capable of taking effect.
101 intra vires : within the powers; within the authority given by law.
102 ipse dixit : he himself said it; there is no other authority.
103 ipso jure : by the law itself ; by the mere operation of law.
104 lis pe ndens : a pending suit.
105 rule absolute : when, having heard counsels, court directs the performance of that act
forthwith.
106 sine die : without delay.
107 stare decisis : to stand by things decided; to abide by precedents where the same
points come again in litigation.
108 status quo : existing condition.
109 sub judice : before a judge or court; pending decision of a competent court.
110 ultra vires : beyond one’s power..
22Mar, 2024
Migration to GST reopened on 25-06-2017-
1) Provisional ID which could not be used to migrate as they were *showing ‘RC Cancelled’, are being reactivated*.
2) Migrating Taxpayers can use enrolled provisional ID as their GSTIN for conducting their business from 1st July for three Months without waiting for issue of Certificate of Registration (GSTIN)
3) Taxpayers who obtained Central Excise and Service Tax Registration in the month of June would be issued provisional ID in the First week of July 2017.
22Mar, 2024
Migration to GST will reopen on 25-06-2017.
1) Provisional ID which can’t be used to migrate as they are showing ‘RC Cancelled’, are being reactivated.
2) Migrating Taxpayers can use enrolled provisional ID as their GSTIN for conducting their business from 1st July for three Months without waiting for issue of Certificate of Registration (GSTIN)
3) Taxpayers who obtained Central Excise and Service Tax Registration in the month of June would be issue provisional ID in the First week of July 2017.
Regards,
Team BKA
22Mar, 2024
GST Registrations for E-Tailers to begin tomorrow.
E- commerce operators and TDS deductors will be able to register with GST Net-work beginning June 25, when the portal re-opens for fresh registration.
Also Existing excise, service tax and VAT assessees will get another chance to migrate to the GSTN Portal, and wil be kept open for three months.
Team BKA.
22Mar, 2024
MCA Update:
MCA amended Auditors’ rules with respect to the limits specified for “Class of Companies”
MCA, vide Notification dated 22nd June, 2017, has amended the Companies (Audit and Auditors) Rules, 2014. By this notification, the word “twenty” mentioned in Rule 5(b) has been replaced by the word “fifty”.
Pursuant to Section 139(2) of Companies Act, 2013, listed companies and certain class of companies are required to do rotation of their statutory auditor. Rule 5 of the Auditors’ Rules has specified few categories of the Class of Companies which are required comply with this provision.
One of the categories is “all private limited companies having paid up share capital of Rs 20 Cr or more”. For this category, now the limit has been increased to Rs 50 Cr.
Therefore, now, all private limited companies, whose paid up share capital does not touch Rs 50 Cr or above, are not required to comply with Section 139(2) of Companies Act, 2013
Copy of this notification can be accessed at below link:
http://www.mca.gov.in/…/CompaniesAuditandAuditorsSecond…
Regards,
Team BKA.
WWW.MCA.GOV.IN
www.mca.gov.in