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Devi Prasad Ruia   28 December 2008 at 21:38

Service Tax On Building Construction

Facts:The Company (C) has entered into a notarized Agreement in Deember 2006 landlord (L) for construction of a building on his land in 70 : 40 ratio. The Broad terms are as follows:

1. Ground floor as commercial and Area of 5 existing shops will be deducted from landlords share on ground floor.

2. 1st floors to 3h floor as residential flats (more than 12 units)

3. The construction of the building is being done by company by engaging daily construction workers

4. The Company will buy 1000 sq ft from Landlord @ Rs. 400- per sq. ft. and has already paid Rs. 4lacs in advance to the landlord .

5. Landlord has executed Registered power of attorney in favour of one of the Director of the Company for execution of sale deed in favour of Purchaser’s of Company’s alocation

6. The total Super structure is complete

7. So far Company has not entered into any agreement for sale and intends to use booking form for booking of flat and after full payment to execute final Sale deed in favour of would be purchaser.

Queries
LANDLORD’S Allocation
1. Whether any Service tax is payable against the landlord allocation
2. under which section
3. Rate of ST
4. Quantum of ST
5. Date of Payment of Such ST


DEVELOPER’S Allocation
1. Whether any Service tax is payable against the Company’s allocation & Purchase of 1000 sq ft. by Company from Landlords Allocation
2. under which section
3. Rate of ST
4. Quantum of ST
5. Date of Payment of Such ST


G.G.Shaikh Advocate M:9898038990   28 December 2008 at 20:35

about NI act.

cheque was bounced and complainant filed comlplain against the brother of drawer instead of drawer because of that accused borrowed money from complainant.

please give me any citetion in fevour of accused.

there is nothing like any written undertaking between the complainant and the drawer of the cheque that he is issuing cheque in discharge of his bother's debt.

samudra   28 December 2008 at 17:39

Mutation--Non co-operation of Family member ,half way?

Family member"X" agrees for a settlement with "Y". As per agreed terms the "Y", applied for the Mutation. During the process"X", retracted/ not co-operating for the process to continue. On the request of "Y", the Revenue Authorities to served a notice on "X". The following reply is given by "X":

(This reply is given by "X", One day prior to due date of Hearing)

"With reference to your above referred notice on the basis of alleged claim for succession by"Y".I am to state that the application of "Y",if any,filed by her is not sent along with notice to enable me to give a reply. You are supposed to send a copy of her claim petition along with notice. In the schedule typed in the notice, the basis of the claim is not mentioned.

We request you to give a copy of petition to enable us to reply.

Thanking you Yours faithfully,

sd/- by"Z"***
( "X") "
*** Note: Here the letter is sighed by, Son of "X".
********* ****** ******* *****


Under above condition, what should be the action, to be taken by "Y"/Revenue Authorities?

Kindly Member of Lawyer forum,with Revenue Knowledge to help me in the matter please.:

Prof. Dr. Amaresh Kumar   28 December 2008 at 15:07

Marriage between Muslim Groom and Hindu Bride

I want to know the legal status of the marriage between a Muslim Groom and Hindu Bride in India.What will be the effect of their religion. Whether they can believe on their own religion or they will have to change their religion after or before marriage.What Muslim laws or Hindu Laws says for rituals. What will be the religion of the offspring out of this wedlock.

Whether this will help in harmonization of the relation of the Hindu Muslim family.

Ram Kishan   28 December 2008 at 12:33

service tax on goods transport agency

As per service tax act service tax to be deducted on 25% value of Goods Transport Agency bill and can take credit after deposit the service tax amount if make transfer sale. My question is can we utilised cenvat credit to pay service tax amount on Goods Transport Agency?

thanks
ramkishan

shivraj   27 December 2008 at 19:08

Hibba Nama

Muslim father is owner of house property. The said property came to the father from his father. He has two sons father has given ½ property to one son by Oral Hibba nama in the year 1992.

Accordingly two sons living separately and paid electric charges and taxes separately and doing business separately.

Father being old filed suit for possession as owner against the son and his family member.

Evidence was lead by the son as defendant there after application for framing issue regard Hibba-Nama is given which is rejected

Alteration u/s-6 x 17 is filed for amending the written statement and getting declaration of ownership by Hibba-Nama as counter claim which was also rejected till High Court.

Matter is on argument.
1) Whether defendant is entitled to get amendment for declaration of ownership by oral Hibba-Nama of 1992?
2) Whether the pleading of Hibba Nama is proved by taking two withness is sufficient inspite of there is no issue?
3) Whether is issue of Hibba-Nama is unnecessary one?

Swaroop   27 December 2008 at 16:23

MODE OF COMMUNICATION.

IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.

REGARDS
SWAROOP

Swaroop   27 December 2008 at 16:22

MODE OF COMMUNICATION.

IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.

REGARDS
SWAROOP

Swaroop   27 December 2008 at 16:22

MODE OF COMMUNICATION.

IS IT A HARD AND FAST RULE THAT A NOTICE,
A ORDINARY OR A LEGAL NOTICE SHOULD BE SENT ONLY THROUGH A REGISTERED POST OR CAN ONE SEND IT THROUGH A COURIER AND KEEP THE (POD)PROOF OF DELIVERY AS THE PRROF.KINDLY CONFIRM.

REGARDS
SWAROOP

Legal_Query   27 December 2008 at 16:11

Reg. of Trademarks

Dear Friends,

My query is

Can a company directly apply for the registration/amendment in register of Trademarks office without involving trademark agent.

Thnks & Rgds