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Manish Kumar Gupta   05 February 2010 at 19:28

Rent on Service Tax.

Dear All

We remember that levy of service tax on ‘Rent’ was held ultra vires by Delhi High Court in case of Home Solution Retail India Ltd. Vs. UOI and others (2009) 20 STT 129. Union of India- who was the respondent in said judgment filed a SLP in Supreme Court, praying inter alia for stay of operation of Delhi High Court judgment. However, the Supreme Court did not stay the operation of Delhi High Court judgment, but issued notices to parties concerned to file their replies. During pendency of matter in Supreme Court, Revenue authorities instructed their field officers by way of Instructions dated 15thJuly 2009 to take necessary action to safeguard revenue by either pursuing the tax payer to pay up the service tax or resort to means under law. The Instructions issued on 15 July 2009 were challenged by SSIPL Retail Ltd. in a Writ petition filed before Delhi High Court who has taken strong objection to said Instructions and it was assured by Additional Solicitor General, appearing on behalf of the Union of India, that corrective steps will be taken to issue further instruction, in super session of earlier instructions, to not to demand service tax till such time Supreme Court decides the SLP.

We want one clarification that if it is applicable on the properties situated in other states.

Please resopond.

Regards,
Manish

We

Manish Kumar Gupta   05 February 2010 at 11:24

non-involvement, n prosecution in customs duty evasion cases

Dear All

Can anyone suggest/provide me the draft for
“Undertaking by the company for non-involvement, non prosecution of any of its senior Members in customs duty evasion cases”.

Thanx in advance.. please provide..

Manish

vinod bansal   04 February 2010 at 21:10

effect of non production of case property in court

R//members
I am in need of a citation in which benefit of non production of case property was given to accused.Thanx n Regards

P. Venu   04 February 2010 at 13:06

Imposition of levy


Can a royalty (or any tax or fee) be imposed, for the first time, without the authority of law or a notification not having the force of law (i.e. through a mere executive decision)? If not, continued payment of the levy for more than three decades would be held out as an estoppel or limitation for seeking relief from the Court?

L. Sathish   29 January 2010 at 19:28

Tamil Nadu Land Reforms Fixation of Ceiling Act

Helo Friends

i am advocate from Pondy

i would like to know

a. how much is a standard acre under Tamil Nadu land reforms and fixation of ceiling act (for both dry lands and wet lands)

b. can a society registered under Societies Registration Act, claim any exemption from land ceiling.

c. if not are they entitled to apply for permission for holding excess lands.

friends please clarify on this subject.

sathish

Anonymous   27 January 2010 at 11:35

Money Lending Act

What are the prerequesites to get a license under the Money lending Act - Maharashtra?

Parthasarathi Loganathan   25 January 2010 at 19:30

Court Intervention

I have posted a query on Transport Woes in the Expert's forum. The facts in the issue are very glaring that though every citizen is aware of the plight, no concrete steps have been initiated to set things in order. Public Interest Litigation do not necessarily yield the desired results to highlight the matters which are detrimental to Public Interest at large. My specific doubts are summed up as under:

(a) As in the case of high profile matters, under which circumstances the Court intervenes into the matters which are detrimental to public interests?

(b) What are the Constitutional provisions and obligations on the part of the Apex or High Courts to question the authority of the State ?

(c) Is there any Judicial Committee which monitors the matters which upset the peace and tranquility in the State on account of misdemeanors of Public Authorities?

(d) Are there any precedents which match the similar facts where interests of common citizens are protected by the intervention of Courts?

(e) Whether any High Court is vested with any constitutional powers to question the acts of the State in the absence of any Public Interest Litigation?

I need specific point-war guidance from the expert panel in the interest of Common Citizens.

ramesh   24 January 2010 at 00:19

appeal filed before SDO

I purchased a plot by regd. sale deed in apr.2002. I got 7/12 and ferfar in 2002 from patwari, again in 2003 i paid NA tax for 2 years and recd fresh 7/12 from next patwari . I paid NA tax again in 2005. now the patwari on duty says plot is not in my name but it is someone else;s name who has purchased it one month before me from poa holder . i recd. certified copy of his sale deed there is no copy of POA attached with sale deed nor any registration no. of POA is mentioned in that sale deed .saledeed onlr mentions only name of POA holder .My lawyer says that may be they donot have POA . so we have filed appeal with SDO court. case has been admitted and notices have been issued to 3 patwaris and owner of the property and other buyer of the propertyby way of POA. first hearing is on 27/1/10. my question is - can a SDO cancel his ferfar and 7/12 if it is found that they donot have any POA. can we make sub registrar also party for registering sale deed w/o checking POA ? is it the right procedure or should I file police complaint ? my lawyers says lets us see what is the order of SDO .then we will take next step since patwaris are also involved here so we went to SDO court.

dr. Sanjiv   22 January 2010 at 22:33

copy_patna high court decision_retirement age_college teach

dear sir'
Kindly email me the copy of the patna highcourt judgement oct. 2009 on enhancement of retirement age of college teachers. I failed to get the copy from the website of patna highcourt because i don't have any authentication no. So the same may please be attached to my email ID sanjivkumaryadav@gmail.com at ur earliest

hussain   22 January 2010 at 16:00

Excise duty on Ayurvedic Product

Dear Sir
As per below links appears that as per supreme court no Excise duty applicable on Ayurvedic Medicines
1) parliamentoindia.nic.in
2) timesofindia.indiatimes.com/articles/ msid-1447233
3)www.business-standard.com/india/news/no-dutyayurvedic-medicine

Please reply me so that we can follow as per rules.

thanking you