Balaji
24 March 2010 at 14:59
Dear Sir,
One of our clients is a registered service tax provider registered under the category “Construction Services In Respect Of Commercial Or Industrial Buildings And Civil Structures”
He deals in works contract business. He charges sales tax (VAT) @ 2% and paying it. He charges 10.3% service tax on 33% of the value (Without VAT compliment). He engages in certain cases service tax providers who has carried out pure labor as well as Works contract and charged service tax.
The question is:
1. Whether the client can avoid the service tax paid?
2. Whether the service tax charged without VAT is correct?
Please clarify.
Anonymous
24 March 2010 at 14:53
I wanna know that in case of traping by ACD, what are the remiddies & wheather it is helpful to submit representation or not, kindly tell me the cons & prones to submit the representation.
what are the points to be take care while drafting the representation.
Rave Gerawal
24 March 2010 at 14:46
Can u pls let me know the stamp duty for registration of gift deed for an immovable property. Gift is to a family member who is also one of the co-owners of the same property. I need to know the stamp duty in both Delhi & Harayana. Thanks.
Anonymous
24 March 2010 at 14:31
my client who was forcibly thrown out from his Godown by his brother and they take possession of the Godown as well as his property like Truck, electrical goods and some other materials, and that godown is in the name of my client but the documents are not registered but the sale deed, power of attorney and affidavit is there which is notarised, kindly guide me that i can filed a suit for eviction and possession of property suit in small causes court at Mumbai or in city civil court
Sindhu
24 March 2010 at 13:29
Hi Sir,
I would like to know what is the allocation for me to buy an agricultural land. I am from an agricultural family background but i am not a farmer. I am a working professional who has annual income more than what is prescribed in the act.
I want to buy this land and become a farmer. No ulterior motives of real estate or business. How can i go about it?
Is there a way for a genuine citizen who wishes to take up farming on her own wishes even if she doesnot belong to farming profession?
Please suggest.
Thanks and Regards,
Sindhu
Anonymous
24 March 2010 at 13:16
I got Married in Feb' 06. I have filed divorce petition (OP) in Feb' 08.I have no children. In April' 08 respondant (my ex wife) filed interim maintenance in OP case. interim maintenance order in June' 08. Meanwhile she has filed Final Maintenance in April' 08 in MC case. The final maintenance in MC case ordered in Dec'08. i had paid interim maintenance every month till August' 09 (OP case ordered in August' 09).
Now my ex wife filed MP and asking for final maintenance from April'08 (from the date of application) as per order. But when I have paid interim maintenance in OP case and again they are asking final maintenance for the same period which I had paid Interim maintenance.
Please clarify does interim maintenance in OP case and final maintenance in MC will be imposed in the same period or the interim amount, which I had paid will be deducted from the final maintenance.
please help me in this regard. expecting your kind adivce.
regards
Brahmam
Anonymous
24 March 2010 at 13:02
Dear Sir,
I was hired as Sr Manager Marketing on Oct 13 and i joined on Oct 20 , 2009 . My employer gave me my first pay in cash on Nov 18 , 2009 ( 10 days salary Rs 30000). There after he never gave me salary on time . He gave my Nov Salary on Dec 20 , Rs 50000( Part payment) and rest 34000/- in Jan . He always quoted that company is in deep financial crisis.On Jan 25, 2010 all of a sudden he says that i will not be able to pay after this date . If you get a business than only i will pay . The business is a new concept in India and I told him that it will take another month to establish and really i was working very hard on it and always send daily reports of the happenings. I refused that i will not work without any commitment of my package and asked for the settlement of my Dec 2009 and till 25Jan 2010 salary plus my expenses incurred . I deposited the demo equipment on Feb 12 , 2010 and he committed me in written mails that your settlement will be done only after you deposit the company property. After deducting my leaves My claim amount is 1.58 Lacs and now is 40 days and my claim amount is not settled in-spite of sending reminders on e mails and calling him . He is not taking my calls. After trying for many days finally he sent two SMS that some he expecting some money , will do the needful ASAP . 2 days back I spoke to his daughter who is financial Exec director his 3 companies replied that she has no clue when my claim amount will be settled. i do not believe that a CMD of 3 companies with more than 50 employees is holding my small amount. I have lost trust in him as the way he paid my salary during my short tenure and the way told me that i cannot pay shows shirking from responsibilities and liabilities and not even care about the families of employees . I have no job now and am loosing Rs 90000 every month as per my last salary till i get another job . From Dec onwards I have no income . My 1.58 Lacs is struck-ed with him. Please suggest how to deal with him.
Anonymous
24 March 2010 at 12:49
My ex put false allegations in chargesheet that her father gave bungalow worth 50 lacs to me and I sold it purposely. Furthermore, her father published the same false report in newspaper.
Can I challenge this false allegations made against me in judicial custody or HC. Please advice.
Can I knock the doors of the Income Tax department to check her father's income, how he got this much money to give her in dowry? Giving dowry is also punishable as per 498a. Please advice.
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Applied under section 5-a but need to be applied under 27(4)
I( Vendee-DHR) filed a petition u/s 5 A of the act for regulation of an alienation, on the basis of a compromise decree, obtained in a suit filed for specific performance of an agreement of sale(un registered) before the Mandal Revenue Officer. And after due enquiry and also after following the due procedure, the MRO has issued a certificate to that effect on my favour.
When the matter was carried before the Joint Collector (Revisional Authority) by other side who contended that “no notice was served on them before passing the orders and also further contended that the said DHR has failed to approach the trial court for registration of the sale deed and thus the revisional authority has no jurisdiction to entertain the case”. The Joint collector has dismissed the Revision Petition. Further he also relied upon the Rule 27(4) of the Rules with regard to implementation of court decrees.
As against the said order, the matter was carried by other side, before the High Court (Single Judge) by way of Writ Petition and the same was also dismissed.
When the matter came up before Division Bench of High Court, it was contented that
1. No regularization of alienation even based on a decree obtained in a suit for specific performance can be ordered under Section 5 of the Act.
2. An agreement of sale cannot be considered to be a document of “transfer” or “alienation”
and accordingly passed orders against me. And now the matter is pending before Supreme Court carried in a SLP.
The Act is as follows:-
Section 5-A Regularization of certain alienations or other transfers of lands:-
(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force [where a person is an occupant] by virtue of an alienation or transfer made or effected otherwise than by registered document, the alinee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.
Rule 27 (4) of A.P.Rights in Land & Pattadar Pass Books Rules 1989:-
Whenever a court decree about acquisition of title by purchase of land through deeds on plain paper or by oral purchase is received form court or presented to the Mandal Revenue Officer for implementing and incorporating changes in the Record of rights and Pattedar pass Book, the Mandal Revenue officer shall incorporate changes in the Record of Rights and Pattedar Pass Book, based on court decree only after collection of stamp duty and registration fee on the sale price of the land or market value of the land whichever is higher. If the person seeking execution of court decree claims that he had already paid proper and adequate stamp duty in the court and produces certificate issued by the court to this effect and other evidence to the satisfaction of Mandal Revenue Officer, the Mandal Revenue Officer shall demand and collect only registration fee and incorporate changes in the record of Rights and Pattedar pass Books, If the decree is received or produced by or before a Registration officer or other Officers, these officers shall immediately send these decrees to the concerned Mandal Revenue Office for necessary action.
1.Application filed against section 5-a of R.o.R act. But it should have filed as per 27(4) of R.o.R act. Does my case can be considered as per 27(4) or it will be dissmissed as per section 5-a.?