LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ahmed Kabeer Navaz   19 January 2016 at 19:28

Rental agreement landlord is my partner of our business

Hi Experts,
I am doing vegetable business so,I want to prepare rental agreement . My partner is landlord of that premises he also wants to make share proportionately how I put this term in the rental agreement

For ex Rs.300000 is advance I am giving 150000 to landlord he investing 150000
Monthly rent is 9000 landlord pays 4500 himself and I pays 4500 how I include this term in rental agreement

shivalucknow   19 January 2016 at 18:52

Demand draft leading to income tax dispute.

Hi,

This may be not very peculiar case but one that has hit me hard and out of nowhere.

Case : I was in a consulting assignment in 2006-2008 and as there was no TDS deducted by my employer, I was paying my advance tax through Demand Draft in name of Income tax A/c through Allahabad Bank through a challan deposit process.

One such DD from AY2007, was not received by IT department and a notification of demand was sent to me in AY2015 as there was a refund in AY2015.

As the deposit was made in 2007, the deposit challan receipt is all worn( not legible) hence cannot help track the deposit.

Further points to note :

1. No notice was received by me from 2008-2015, otherwise I would have acted on it earlier.
2. A refund was processed in 2011 and no demand was raised then or any other years where I have been regular tax payer.
3. IT department has not been able furnish copy of original demand.

While I am trying to get the Bank Draft transaction details from my bank, I need advice on how to proceed further on this contentious issue as IT department is now expecting a huge amount after levying interest on the tax not paid.

While in hindsight I understand that I should have been more diligent with tax matters given that onus of any discrepancy is on us, I need expert advice on how to move forward.

Look forward to expert advice on this issue.

Any help and advice is much appreciated.

Regards/

Pawan Kumar   19 January 2016 at 16:28

Appeal against case dismissal

Dear Experts,
Where does appeal lies against civil case filed for specific performance dismissal order, passed by Additional Civil Judge (Senior Division).

abhay kumar singh   19 January 2016 at 16:01

Sulphur license in up sugar mill

Dear experts
my query regarding sulphur license from arms deppt.
1In present time sulphur license renew for one year. can it renew for more than one year is any rule in arms act.

Sunny MP   19 January 2016 at 15:26

Income tax deduction from fixed deposits interest-

My bank FD Will matured on 2 -2-2016.I want to re deposit or withdrawal with interest after march 2016.No money transaction in this financial year.
Does this interest (income) is taxable in this financial year.
Sunny
Ernakulam
Kerala

Sayan Poddar   19 January 2016 at 14:56

Shop rent and eviction case



My father-in-laws (aged-75 years) have given two shop on rent for 1 years in 2008.
First 3 month the shop owner pay rent , after some dispute occure.
In 2009 , he filed case for Eviction .Still case is running.

1)From then and onward they nither paying rent or nither stated in court that they are
submitting rent in Rent Control.

2)Electric meter are in the name of father in law , but shop owner collcet electric bill
and pay them selves.

3)Only Two shop were given in rent , one shop keeper broken back wall and accure one
room also.

My question is
1)As they are using shop still now , is it possible to get order from court that they
should pay rend monthly ?

2)If they above question is "Yes" , please also inform , can we make them pay they
arrears ?

3)Is it possible through court that father in law can get electric bill and pay himself
instead of shop owner ?

4)Can speedy trial order get from High Court stating that he is of 75 , having serious
disease and having no pension and other earning ?

5)What to do as one shop keeper has acurred one room also ?

B CHAKRABORTY   19 January 2016 at 13:49

Maintenance issue if i file suit u/s 13a

Sir,
Got married in Feb,2011 and due to differences between us we are living separately from August'2013. After one year she gave me a mail and asking for mutual divorce and accordingly we filed a petition for mutual divorce u/s 13B of H.M.Act 1955.

But surprisingly on the appearance date i.e. on 16.12.2015 (i.e. after six months of filing) she did not come and present at the Court and also did not inform us anything, I was present at the Court and took another date in January2016. Now, the situation is neither she wants to come back nor wants she to finalise this issue , so that I can not re-marry.

Now if the said petition is rejected, Whether I should file another petition U/s 13A clause 1(ia) or 1 (ib) or both. Also please suggest that if I file the petition U/s 13A , CAN SHE CLAIM MAINTENANCE IF I PROVE THAT I AM AN UNEMPLOYED MAN . But she has clearly written in mutual petition that she does not want any maintenance, has received her all ornaments from me does not have any claims from me and she is a self employed lady.

If I file petition U/s 13 1(ib), how long the case will continue and how much maintenance (approx.) can be granted from an unemployed person. I do not have any child or immovable property or immovable property, living in a PG house.

Please suggest.

r.senthilkumar   19 January 2016 at 13:29

Problem in purchase of resale flat sale deed

Repected Sir,

I have booked a 4 years resale flat in chennai perumbakkam. the cost of the property is 33 laks.
I have applied a housing loan in SBI and got approved for RS. 26,40,000/ and i have paid the remaning amount as advance RS. 6,60,000/ to vendor like RS. 50,000 as cash and RS. 6,10,000 as cheque and got the

vendor signature in the receipt with 1 rupee revenue stamp and we did Agreement to Sale (unregistered).

Before the registeration, I came to know that there is typo error in vendor's sale deed with respect to approved layout plan. The issue is, the apatment has Plot 1A and Plot 1B. By mistake the Plot 1B's four boundaries

measurment was wrongly mentioned in Plot 1A in vendor's sale deed. For your reference, My booked flat comes under Plot 1A.

Now the vendor refuses to do rectification deed because he says it costs much and asking me to pay for that or else he will deduct 1 lak from my advance amount if I refuse to pay the amount for rectification deed or cancel

that property.

Please advice me. I don't know what to do. Can I handle this problem legally? Can I get my entire advance amount?

Thanks and Regards,
R Senthilkumar

S. S. Rathi   19 January 2016 at 13:28

Can poa holder represent suit as patry in person

Sir

If have taken Power of attorney for civil suit and also wish to represent suit as party in person on behalf of Plaintiff. Can it acceptable by court.

And what is procedure for the same ?

pls guide

PramodKumar   19 January 2016 at 13:02

Over charging for lift repair without justification.

There was breakdown of the lift installed at our four storied residential building and as informed by the Co., required replacement of 17-18 parts which mainly include v3f drive and door sensor and some other parts for which the company charged Rs. 1.60 lacs. But when asked to give component-wise breakup the Co. failed to give the same and It was given to understand that huge amount was due to mainly two components i.e. v3f drive and door sensor. When we insisted the Company to give component wise break up, the Co. replied that it was system generated invoice and we don't give breakup of the components. The box containing V3f drive clearly reflects MRP of Rs. 32500/-inclusive of all taxes and the supplier of the Door sensor also informed that the total cost of the door sensor was Rs. 11305 /-( inclusive of taxes and delivery charges) . The total cost of the remaining 15 small components is not more than 10000/- - 12000/- in any case. The Company charged service charges @ Rs. 3500 for repair of the lift separately.
Thus the Company charged Rs.1.60 lacs against the actual total value of Rs.47000/-(component actual cost and service charge) i.e. Rs. 1.13 lacs more than the actual cost of the components. The Company is among the leading manufacturer of the lifts and taking advantage of the fact that the lift was under break down and the client has no option but to surrender before the Company for its repair, they charged an heavy amount of Rs.1.60 lacs without any justification of the price quoted by them.
In this connection please advise (i) whether Company can charge over and above the MRP of the product already available in the market;
(ii) Can Company is bound to give item wise details.
(iii) Whether the Co.'s plea that the rates were quoted based on the system generated invoice is valid?
(iv) How the excess amount charged by the Company can be recovered? If so in what way?
(v) Under which Act(s) can we pursue the matter with the Company. Whether such cases can be pursued thru Competition Commission Act, 2002 for abuse of dominance and under Consumer protection Act.
Please advise.
Pramod Beri
9968316761