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vijay   31 October 2012 at 16:28

Tds recovery from client

Dear Sir

I am working in an organisation as accountant.We are deducting TDS on certain payments as per Income Tax Act and deposting to Central Govt.

Last Year I made a mistake and did not deduct TDS on a certain payment.To protect ourself from Interest and penalty on non deduction of TDS our company paid the TDS amount to Govt which was not actually deducted.Now we have been asking that amount from the customer as refund but they(customer for which we paid TDS) are not paying the amount to us.

Is there any legal solution to recover the amount from them.If yes kindly tell me for the solution.

Kindly help me to solve the issue i shall be so much thankful.

Thankful.

ravinder   31 October 2012 at 16:22

Stamping of share certificates issued in delhi

Respected Seniors,

I want to know the exact circular, notification, amendment which makes stamping mandatory on share issued in delhi after 2001 at a rate of Rs. 1 per 1000 Rs. of Consideration value ?

Please provide me the exact notification, circular, amendment etc, if possible and i would be deeply thankful.

Assit Me......!

Regards
Ravinder Kumar

Abhishek Singh   31 October 2012 at 15:48

Which law comes under the purview of sale of liquor online?

Is it possible to sell liquor online if the sale was restricted to a state/city?
I'm planning to open up a website for the sale of alcohol online. Further more, i had a small query, my organization will not be directly selling liquor but it will take the orders from the prospective clients and pass it on to the local dealers. If required, we may even have to provide the delivery boy. Do i need to get the liquor license to start working on this idea.
If possible, I would also require legal assistance to speed up the process who will look after legal, sales and tax related issues for my company.

Thank you in advance for answering.

akash   31 October 2012 at 15:32

Exit agreement for a director so remaining directors cannot be held financially liable later

Hello Experts,

I am one of the 3 directors of a Private Limited company. The business has not been doing well and one of the directors, who holds 50% of the share capital, wants to quit. He wants his entire investment back, which includes a Rs 8 lac loan which had a lock in period of 5 years as per the board resolution (year 2 currently running). The company does not have enough money yet to payback.

My question is- if the director agrees to keep the loan amount in the company for a regular interest and the company only pays back the share capital as of now, will the remaining directors be personally liable to pay back the loan (which has been given to the company, and not to the directors personally) in case the business has to be shut down next year? I would assume since its a Pvt Ltd company, the directors would have limited liability and only the assets of the company can be used.

Are there any clauses that need to be specifically put in the exit agreement with the outgoing director so that the remaining directors cannot be held personally liable for this loan on a future date if the business has to be shut down?

Thanks

Akash

VINAY B SHAH   30 October 2012 at 18:56

Business case

Dear sir,

My client dealing in steel trading he supplied 10,000 kgs of steel to there party (abc) at time of due date the party (abc) give only 75% payment balance dues of 25% payment party (abc) says take from third party (xyz) (abc friend) so at that time my client accept and he take balance 25% payment from third party (xyz) by way of RTGS.

party (abc) as well as third party (xyz) have confirmed to adjust the said amount towards the dues of party (abc).

Now the third party(xyz) is denies after some days giving payment he is saying that retune my money which I sent u in advance for new purchase against purchase order.
Third party(xyz) send a Notice to my client

As my client never talk about new purchase with third party(xyz) or he don’t know about purchase order my client is shocked and surprised about the purchase order what to do.

my client adjust the 25% balance dues payment in their party (abc) account.

please give me your opinion & reference & judgment on it
thank you

RAJESH CHOUDHARY   29 October 2012 at 19:37

Law expert please reply

I want to ask one question regarding the law language. I am giving an example of a definition :- Review :- The right of review has been conferred by section 114 and order 47, Rule 1 of the Code of Civil Procedure. The section provides that any person considering himself aggrieved by a decree or order, may apply for a review of judgement , to the court which passed the decree or made the order on any of the grounds mentioned. now my question is if I change the words as Any person (includes himself) so does it really change the meaning of the definition. If I substitute these words ,what meaning it would constitute like :-
1. it means that aggrieved persons should include himself as well.
2. it means any person who is aggrieved , it can be himself or other than himself Or otherwise there can be some other word which can be replaced against considering himself.

Law experts ........ please reply this question. I am waiting for your answers .......

Ritambhara   29 October 2012 at 16:29

Corporate

whether any statutory order passed in favour of a party prevails over the board resolution passed against that party.

ravikanth   29 October 2012 at 15:48

Gpa-development -agreement cancellation

I have GPA on a land and the GPA has been registered with the registrar's office. The Agreement was to construct a shopping complex with a share of 60% (developer ) 40%( land owner )in the agreement he mentioned that until he will get the permission he wont start the construction as when he get the permission he will complete the construction in 2 years.now 5 years completed still he didn't applied for the permission .totally 11 members agreement to the developer . out of this only 3 members including me want to cancel the agreement GPA will it possible ? Please suggest

Neelu   29 October 2012 at 13:14

Company's act

can one person working/acting as CEO of one firm start any company in the same name and style of the existing firm which he is working currently..........very urgent

Bhupen   29 October 2012 at 11:27

Comapny petition

Hello, I have few queries in Company petiton.

In 1997, I had filed CP for winding up. That was heard and conditional order was passed in 2006 directing respondents to pay the amount.

In mean time in 2006 Company disposed off its only asset without informing court, third party.

Respondents failed to pay and in 2007 Final order of winding up was passed. In 2010 It was set aside as Respondents were nt served U/R 28. It was heard fresh and again it was order to Wound up.

However in Appeal, division Bench Set aside the order and asked petitoner to file SUIT. Aagin Suit was decreed in Favor of Petitioner/Plaintiff. But still respondents didnt pay the money.. Now again I have filed CP. The respondents are not doing any business since 2001.

The respondent doesnt have any money nor any assets except for table space office.

Now can i get hold of assets which was sold to Third Party or can i put a stay on transaction ?

Regadrs,
Bhupen Shah