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Anonymous   06 May 2010 at 11:52

Service Tax


Company got incorporated with object clause of insurance business. But business income has not been arrived as company has not obtained licence from IRDA so far. Can company accumulate service tax paid during this period on expenses incurred for utilizing it as CENVAT credit for future service tax liability of the company ,even though company has not applied for service tax registration and therefore not filed service tax return as well?

Anonymous   05 May 2010 at 16:47

SEC 138

Debtor drafted a demand pro note on 1/6/2002. Also he issued post dated cheque for 1/12/2002.But payee presented the cheque on 1/7/2003. The cheque was dishournerd. What legal remedy is available for payee? Pls Advice..

nandkishore mishra   05 May 2010 at 10:55

vat

vat return due date had gone so what type of penalty will have to imposed for delay return

Heaven 2011   05 May 2010 at 10:55

In house lawyer

Respected all,
Since long there is a contradiction in my mind that though I am a qualified lawyer and a company secretary (in c.s final only 4 papers pending)yet i have not registered myself in any bar council. Rather i am not interested in practice. Since last 4 years I have been working in reputed listed company as Asst. Manager - Corporate Affairs and my area of work is mainly corporate law (Companies Act, SEBI, Property Act etc) Beside this i have also the experience of drafting various agreement like Joint Venture agreement, Lease, property management agreement, construction agreement, Scheme of merger etc and liasioning with the solicitors, financial institutions, auditors etc. I am very much interested in legal work and have zero interest in finance work. Now as i have confessed that though i am a qualified legal professional yet dont have any court experience. In a word i mainly perform as in house legal advisor. If i continue this way would it hamper my growth. Is my experience and nature of job as a legal executive o.k? If i go for any changes then may the new company(s) refuse on the ground that i dont have any court experience. I have tried to get a positive answer from my seniors. At present I am sharp 30 yrs. I consider you all to be most experienced person in this field and will definitely be able to guide me.
Kindly reply.
Best regards,
Asish,Kolkata
9836772555

Anonymous   04 May 2010 at 20:07

securitization

drawbacks of securitization Act and its solutions

Anonymous   04 May 2010 at 19:36

Annual shareholder's meeting.

All the shareholders are mandatorily to be invited for AGM wherein balance-sheet is to be produced for approval. But if I have never been invited, which could be the consequences ? How should I react to this lack ? ( I want just point out that I am a foiregner shareholder and I don't live in India,but I'm present in the company by travelling everytime I'm requested to )
Thank you once more
Peter

Anonymous   04 May 2010 at 19:29

Person defies agreement on plain paper and deposits cheque

Dear Lawyers,

I wanted to understand regarding a unique situation wherein a person A owed person B Rs 600000.

A gave the cheques amounting to same amount to B.

A then made an agreement and settled the outstanding with B at Rs 300000 and it was paid in cash in four instalments and at the end of it A got a receipt signed by B of the same amount and also stating that B would return the earlier agreement on stamp paper and all the six cheques.

But B didnt return the same and now B has suddenly gone ahead and deposited three cheques amounting to Rs 200000 in A's account which have bounced as there wasnt sufficient balance in the account.

Now what are the legal remedies available to A in the view that B has deliberately got the cheques bounced to harass A and take him to court.

Kindly suggest the legal remedies available to A.

Thanks for your valuable inputs and precious time.

Anonymous   03 May 2010 at 17:31

Lease Agreement

Sir,
The company intends to enters into an agreement where the rent for the premises is agreed on a minimum guarantee fee. further it was agreed that in case the revenue from the buisness from the premises exceeds the minimum level than the proportionate revenue is shared between the party.
My Query : Can this type of agreement be called as Lease agreement.(where the rent is variable )
Regards,
arunav pankaj

Anonymous   03 May 2010 at 16:03

NON PAYMENT OF PERSONAL LOAN

Dear All,
Please help me out in in this regards as stated below:
I had taken a personal loan from a private bank for 3 years,but due to some financial difficulties ihad only paid 19 months EMI against that and from last 4 months i am not able to pay EMI back,bank has said that they will process some legal action against me.
I want to pay the loan back but need some time,can you please help me in this regard.
Please let me know what legal action can be taken against me and how i can come out of it by the best possible way,and in future what difficulties i will face kindly help me out in this case urgently.

Regards
Pradeep

Rachna   03 May 2010 at 15:00

Liability of company

A company enters into an agreement to sell its assets with a buyer and accepts a part payment from the buyer.Company agreed that in case of default by the company it will pay double the amount.Company has accepted its liability also. my query is that will the amount which the company has now to pay to the buyer in any circumstances be covered under 'Debt'. i mean to say some how we have to prove the payable amount to be a debt on company towards the buyer.pls help me.Do refer case laws, laws, rulings etc