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deepak   10 July 2009 at 17:58

Royalty Rate under 52(i)(j)

Dear Sir,

Under Section 52(i)(j)of Copyright Act 1597 [which deals with the Sound Recording / Cover Version, the person shall pay the owner of the copyright the royalty.

Now my query is:

1. at what rate the royalty shall be payable to the owner.

2. is the said payment of royalty is subject to tax (like deduction of VAT from the amount of royalty payable to the owner)

3. can any one pleas provide the copy of the said judgment of the Copyright Board?

Please do the needful

Thanking you

Regards
Deepak

AVINASH SINGH   10 July 2009 at 17:24

bihar judicial

Sir, i had gone through the advertisement of bihar judicial service examination. but the language of the adv. is not readable.so can u suggest any other site or any other source from where the form could be do downloaded

vijay   10 July 2009 at 17:11

To sell ancestral property do i need my children’s approval

I have a query regarding an ancestral property

We have a ancestral property where we are 4 brothers are divided on our names and get registered. Now if i want to sell that property do i need my children’s approval? Since it is a ancestral property does my children’s has rights to stop.

My children’s: miners and majors

Please let me know the solution


Thanks
Vijay

HEMANT KUMAR LUTHRA   10 July 2009 at 16:10

time period for charge sheet to an employee

sir , i am working in a nationalised bank and have been suspended since dec-07-2008 but till date i have been not served charge sheet by my employers as such i am not able to justify myself.i want to know the time frame of charge sheet to be served to me is there or no limit as per law in banking industry or indian law.

Heaven 2011   10 July 2009 at 16:04

Transfer of Properties Act- lease

Dear Sir,

Kindly inform me if the Lessor gives 999 years lease to the lessee can the lessor provide unencombered right over the property to the lessee? If yes or no, why?
So far i can recall there is no such provision in this regard in the Transfer of Properties Act, 1882. Kindly guide.

With best regards,
Asish

Guest   10 July 2009 at 15:47

LLP Taxation

LLP is a new corporate form that enables professional expertise and entrepreneurial initiative to combine, organize and operate in an innovative and efficient manner. In India, this need has long been recognised for businesses which may require a framework that provides flexibility suited to requirements of service, knowledge and technology based enterprises. Services sector is playing a major role in the national economy and there is a growing diversity in the range of services being offered. The services sector also finds this form very useful.

2. Government had introduced the Limited Liability Partnership Bill, 2006 in the Rajya Sabha on 15th December, 2006. It was later referred to the Department Related Parliamentary Standing Committee on Finance for examination and report. The Committee submitted its recommendations in its report to both Houses of Parliament on 27th November, 2007. Keeping in view the recommendations made by the Standing Committee and other relevant inputs, the Government had finalized the LLP Bill, 2008. Based on such report the Ministry of Corporate Affairs revised the LLP Bill and the revised LLP Bill, 2008 was introduced in the Rajya Sabha on 21st October, 2008. This was passed by the Rajya Sabha on 24th October, 2008. The Bill was passed by Lok Sabha on 12th December, 2008. The President gave assent to this Bill on 7th January, 2009.

3. The rules in respect of registration and operational aspects under the LLP Act, 2008 viz. LLP Rules, 2009, were issued on 1st April, 2009. The rules in respect of conversion of a partnership firm, a private company and an unlisted public company into LLPs were made effective w.e.f. 31st May, 2009. The Government has also launched a website namely, www.llp.gov.in on 1st April, 2009 for operationalization of various processes provided under the LLP Rules, 2009. The rules under LLP Act, 2008 in respect of winding up and dissolution of LLPs are also under preparation and would be prescribed shortly.

Taxation of LLPs

4. Since the taxation related matters in India are provided under Tax Laws, the taxation of LLPs was not provided in the LLP Act. The Finance Bill, 2009 has made provisions in this regard, pursuant to which the taxation scheme of LLPs has been proposed to be introduced in the Income Tax Act. It has been proposed to tax LLPs on the lines similar to general partnerships under Indian Partnership Act, 1932, i.e. taxation in the hands of the entity and exemption from tax in the hands of its partners.

The Finance Bill, 2009 has accorded a “limited liability partnership” and a general partnership the same tax treatment. Consequent changes in the Income-tax Act, 1961 like (i) the word ‘partner’ to include within its meaning a partner of a limited liability partnership, (ii) the word ‘firm’ to include within its meaning a limited liability partnership and (iii) the word ‘partnership’ to include within its meaning a limited liability partnership as these terms have been defined in the Limited Liability Partnership Act, 2008 have also been proposed in the Finance Bill, 2009.

5. It has also been proposed in the Finance Bill, 2009 that the designated partner shall sign the income tax return of an LLP, or, where, for any unavoidable reason such designated partner is not able to sign the return or where there is no designated partner as such, any partner shall sign the return. The Finance Bill has also proposed that in case of liquidation of an LLP, every partner will be jointly and severally liable for payment of tax unless he proves that non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part.

6. The Bill further provides that as an LLP and a general partnership is being treated as equivalent (except for recovery purposes) in the Income-tax Act, the conversion from a general partnership firm to an LLP will have no tax implications if the rights and obligations of the partners remain the same after conve

Anil Goel   10 July 2009 at 12:44

TDS Return

hello experts, my query is i want to know that as per new rules framed by govt about TDS, if a person possess TDS no., is he liable to file NIL return whether there is no deduction at source in the quarter.
plz reply as early as possible.

AMIT TANEJA   10 July 2009 at 12:38

PRACTICE

IAM FRESH ADV.............
HOW SHOULD APPROCH THE LAWYERS.
BEING NEW IN THIS FIELD AND ZERO EXPERIENCE IAM FACING ALOT OF PROBLEMS
CAN U PLZ GUIDE AS HOW SHOULD I APPROCH THE ADVOCATES FOR ACCURING / WORKING WITH THEM.

vishnu sharma   10 July 2009 at 11:22

advocate act

An advocate enrolled in Bar council can serve in any company as law associate.