Pramod Kumar
21 July 2018 at 10:10
I had worked in one of the reputed public sector bank for 4 years and 298 days being my joining date as 29.04.2013 and resignation on 20.02.2018. I had sent form-I to my HR department for claim of my gratuity but I have received a mail that my claim has been declined as per clause (ii) of Sub Rule (1) of Rule 8 of the Payment of Gratuity (Central) Rules, 1972 citing reason not completed 5 years of continuous service in the bank. Please guide me in this matter.
Radhakrishnan K.V.
18 November 2016 at 00:45
Section 3 of BR Act is as follows:-
"Nothing in this Act shall apply to-
(a) a PACS;
(b) a PCARDB; and
(c) any other society, except in the manner and to the extent specified in Part V of the Act"
I would like to know whether the clause "except in the manner and to the extent specified in Part V of the Act"s applicable to "any other society" only or is it applicable to PACS and PCARDB as well, if the semi column and coma are taken into account?
Radhakrishnan K.V.
13 October 2013 at 21:27
Is there any instance in which income tax was first assessed invoking section 147 in respect of an assessee who failed to file return under sec.139 and assessment u/s 144 became time barred as per section 153?
Radhakrishnan K.V.
07 May 2013 at 23:17
My client is a co-operative credit society. Should they effect TDS on the interest paid on the deposits of nominal members?
Radhakrishnan K.V.
02 May 2013 at 23:48
A.O. issued notice u/s 148 for assessment on an assessee who failed to file return under sec.139(1) or 139(4). Is it a proper proceedings as the assessee was not issued with a notice u/s 142(1) or any other notices calling for return earlier. In other words, can original assessment be made u/s 147 straight away without resorting to the usual assessment procedures.
Radhakrishnan K.V.
02 May 2013 at 23:30
What could be the provisions of BR Act 1949 mentioned in the 3rd provso of Clause 243ZL which is as follows:-
"Provided also that in case of a co-operative society carrying on the business of
banking, the provisions of the Banking Regulation Act, 1949 shall also apply:"
Radhakrishnan K.V.
02 May 2013 at 23:11
Hi friends,
I would like to know if there is any court order which deals with applicability of Service Tax on primary co-operative credit societies other than the decision of Commissioner CEC (appeals), Pune on Jankalyan nagari credit co-operative society.
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Lawyer who is well aware of sections 80p & 133(6) it act
We represent the co-operative movement in Kerala. Co-operative Societies is facing tough time from the year 2000 onwards due to notices issued by Income tax department under various Sections of Income Tax Act 1961. Conflicting decisions are being made by appellate authorities and even High Court only because the legal experts are not well aware of the factual situation. This has resulted in thousands of litigations causing waste of money, manpower, stationery and valuable time of Courts, ITAT, Income Tax Department and Co-operatives. For example, interpretation of Sections 80P, 56, 68 and 40 a(ia) being made by the Department, ITAT and of course the High Court is different from that of the well settled position of law in other States. There are situations that conflicting decisions are forthcoming from the same authority. As a result, the public exchequer has already lost thousands of Crores of Rupees in these litigations which could have been avoided if the concerned authorities had a clear perspective on the decisions of the Apex Court and various High courts in other States. We hope that CBDT will look into the matter urgently so as to take necessary action in order to prevent unnecessary disputes between Department and Co-operatives on settled position of law.
Now roving enquiries calling for voluminous information from co-operatives are being made by the Department u/s 133(6) for no particular reason taking advantage of the decision of the Apex court in Kathiroor Service Co-operative Bank vs. ITO, Kannur.
We would like to hear the opinion of our experts and request them to suggest a few names of lawyers who would be suitable to handle our cases in High Court and Supreme Court.