Somsuvra Mukherjee
09 July 2018 at 20:41
Respected Experts and my learned friends,
A partnership firm consisting of two partners (father and mother) used to render service of manpower. Adjudication of CCE resulted to levy of tax amounting to Rs. 30,00,000 for 2008-09. Appeal was preferred before CESTAT. Rs 3 lakhs paid. One partner died in 2010.Partnership ended as only one partner. Business stopped almost 99 % . Second partner also died in 2013. Business completely stopped. Appeal is pending. Received notice to appear before CESTAT. Matter referred to Division Bench of CESTAT.
Is the legal heir liable to pay Service Tax ? Business didn't exist after 2010 . i.e death of first partner.
If a lawyer appears, on whose power and whose behalf he is going to represent the matter as SCN issued on the partners in 2009 and appeal was preferred in 2010.
Should the lawyer represent the case suo motu on behalf of the legal representative as he has received the notice to appear a few days back on behalf of his deceased parents ?
But substitution has not yet taken place and legal heir is not yet in the record of the tribunal.
Legal heir didn't enjoy any estate of the deceased except a bhk flat and some cash.
What will be the stand.
Respected Experts, Kindly share your views.
MahendraKumar.H.Trivedi
09 July 2018 at 19:33
Sirs,
For the last time.
I am defendant
In a specific performance suit instituted by unregistered firm one of the issues framed by court reads
" WHETHER THE SUIT IS BARRED BY LAW ON ACCOUNT OF NON REGISTRATION OF PARTNERSHIP FIRM UNDER THE PARTNERSHIP ACT "
I have reproduced exact text.
It does not say defendants have to prove it.
Further. Rule 7 order 11 application prior to framing of the issues was rejected saying same will be decided during trial.
Should not court have decided on it before trial?
2005 suit and still no defendant evidence give.?!
Regards
Anonymous
09 July 2018 at 19:28
My father became a bonafied tenant of a property under the pagadi system in year 1996. he passed away in year 2006. the landlord of the property has accepted rent for the property only uptill September 1999.thereafter 1999 he started denying to accept the rent siting various reasons. now in 2018 he is denying to transmit the tenany right under my name. i am ready to clear all the pending dues. kindly guide me with regards to right of a legal heir of a tenant under pagadi system.and also guide me with further procedure that need to be followed in my case.
Ali
09 July 2018 at 18:14
Dear Experts,
Kidnap case registered u/s 363,323,506 in the month of November 2017 and accused got arrested...charge sheet not yet filed....every time sho of police saying 'll do by month end which never happened...
Shall I approach HRC for charge sheet get it done???
Plz advice
Santosh Kale
09 July 2018 at 18:11
Respected Sir,
We had a room in chawl system in Mumbai. The room is in the name of My Late Grandmother. After her, there are 6 heirs of that room. But my uncle has claimed himself the ownership of that room which was in SRA scheme. He destroyed all our proofs i.e ration card, electricity bill & rent bills before 1985. He made new documents in his own family only.
After development, there is built a building & society is formed. Now the society wants to know heirs names with proofs. But we have no proofs to claim that flat except death certificates of my grandfather & grandmother & we have a document of our village farm 7/12 extraction in which all heir names are included.
Kindly advice.
With Regards,
Santosh Kale
gopal
09 July 2018 at 17:31
Hi My father is having own 10 acres land(1B,Pahani).
The same land 1 acre is takeover by telangana govt for the new canal establishment.
When they get to know my land is going under canal and govt is going to pay money back for that.
then they were very started stopping the amount.
all documents are on my fathers name. my cousins created a notary stated that my father is sold is land for 7 lakhs by forged my fathers signature.
They stopped . i got the document which they forged from govt department.
can you please guide me what do?
Manjunath
09 July 2018 at 15:19
I married a gal who was working with me, our parents dont know we thought we will convince them when times comes, never stayed together for a day, she was staying in her home with her family, me in my home, after few days the behavior of the gal changed couldn't resist the pressure and we tried to break apart, its been one year now everyday she agree to give divorce and later when the date comes to go for filling she doesn't come along, she blackmails that she will file dowry case against
please suggest what to do, i never stayed with her together, never had physical interaction more than 7 months, we have registered marriage certificate with us, how many days will it take to get divorce
Anonymous
09 July 2018 at 14:25
Dear Experts,
Suppose someone has got a will and testater is no more.
Out of two witness one is husband of the benifitter and the will is properly registered.
My question is one witness issue is there, will this WILL called legal.
Arjav Mehta
09 July 2018 at 13:19
ME AND MY WIFE TAKE DIVORCE FROM MCD, BOTH KIDS CUSTODIAN AND GUARDIAN MY SELF AND THEREFORE I SUBMITTED 20000 TO COURT, 10000 FOR EACH KID.
SHALL MY WIFE SUBMITTED THE APPEAL AGAINST MCD ORDER TO HIGH COURT ? SHE HAD ALREADY MENTIONED IN AFFIDAVIT SHE CAN'T FILE ANY CASE AGAINST ME AND MY FAMILY IN REST OF INDIA COURT..
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Very urgent plz reply ......
hi ..sir/madam.....1 year ago i seen a fighting between 2 persons in a street .....i stopped them that day....
without my knowledge one of those 2 persons put my name as witness of that fighting...
court sent summons to me today.....i have to attend court tomorrow.......i dnt want to say on behalf of anyone...
what i have to do?????plz reply me sir