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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Kedargkeskar   09 January 2015 at 17:08

Service tax & vat

Amongst Builder & purchaser, who is responsible to pay service tax & vat ?

If builder pays same with concerned department, whether he is entitled to recover same from purchaser ?

If so, under which provision ?

What is current view of Hon. Supreme Court on same ?

tajinder   09 January 2015 at 16:57

Parking allotment

Our society has alloted parking slots some 4 years ago. Now I have a car but society is saying once the slot is available it will be given to you.I have a query where people in the past though had the car and got the parking slot earlier, now do not have a car and the parking space is idle. Is there any law or rule in by laws where i can get those idle parking slot now ?

pvlnapparao   09 January 2015 at 16:51

Agreement of sale

My builder is constructing 540 flats in Ph 1 ( with 2 towers) . during 2012 I entered in to an agreement of sale (AOS)with him for the purchase of 1 flat.
about 175 flats have been sold with the same clauses in AOS . No mention of Phase 2 in these AOS.
Subsequently, the builder has acquired adjacent land(s) and started some more phases- for which entry and exit is through Ph1 area. Club house meant for Ph1 is also to be shared with the other phase people.
The builders after the first 175 , have made different clauses in the AOS - making the buyers agree for sharing all amenities , clubhouse etc.
My question is : Can the builder have different clauses for different buyers of the same venture? ie, my AOS is different from my neighbor's . Is it allowed ?

RAVI SONI   09 January 2015 at 16:24

Service tax - goods transport agency

M/S XYZ and CO. is a Partnership Firm who is registered in Service Tax Department under “ Goods Transport Agency ” as a Service Receiver the firm has taken a transport service from M/S DEF and Co. which is also a Partnership Firm. As per the instruction of M/S XYZ and Co. M/S DEF and Co. is supposed to deliver goods to M/S ABC LTD. for which M/S DEF and Co. will charge ₹ 20000/- from M/S XYZ and CO.

M/S XYZ and CO. will charge ₹ 30000/- from M/S ABC LTD. as a transportation charges, in this case I want to know whether M/S XYZ and CO. will pay Service Tax on ₹ 20000/- or else on ₹ 30000/- with proper logic.

kawaljeet wadhwa   09 January 2015 at 16:10

please suggest

Sir
mere bhai apni wife se bhaut pareshaan hai...wo divorce chahta hai bt meri bhabi nahi dena chahti...isliye bhai ne divorce case kiya hai aur meri bhabi ne Dv act...mere bhabi wahi rehti hai...bt mera bhai rent pe rehta hai with mother...bhai apna ghar chord ke aa gaya...bhabi akele rehti.bhabi ne hamare ghar rent par laga diya...bhai koi bill bi ghar ka ni de ra jaise electricity ,cylinder,cableetc...pls bataye kya bhabhi rent par ghar laga sakti jo bhai aur mother ke naam pe hai.?? 2.bhai ko ye sare bill dene hoge.?? 3.agar ladki na chahe to kya divorce ni milta...???4.aur aise case kb tak chalte??
Thanks

arunsharma   09 January 2015 at 15:46

Sales tax on biscuit factory

Sir
Whether Sales Tax is charge on Biscuit factory or not ??
and, if yes, then please specify the rate




Thanks & Regards

vishal.goenka   09 January 2015 at 15:39

Chartered acccountant in practice

Good afternoon sir........my query is can a chartered accountant in practice practice as an advocate.....If yes what is the procedure to get the bar council no. please reply...

vinayak limaye   09 January 2015 at 15:13

Cancellation of development agreement

One of my client's friend gave POA to her brother in Pune from abroad for entering into development agreement in respect of her property. My client has vested interest in property; i.e. he has prospective buyers from abroad, also he has introduced a builder & is ready to provide finance for development work. The builder had promised my client to make him party to the development agreement upon mutually agreed terms. Later on, while my client was abroad, the builder got executed Irrevocable GPA & development agreement in his name alone from the brother of property owner, who possesses POA for the purpose. Builder has mislead this person, being very old & not fully conversant with pros & cons. Builder verbally told to give 40% share, while in the document he put 30% that too for only 50% of total construction. Builder also dodged my client & intentionally excluded him from the deal. Builder is lacking finance & now again wants to enter into separate deal with my client for availing finance. However, my client wishes the entire deal to be revoked. Builder is helpless on finance & didn't think that my client will be so serious about the deal.
The questions are:
If the original POA given by landowner lady is NOT made Irrevocable, can it be revoked by her?
Are the Development Agreement & Irrevocable GPA executed on the strength of POA which itself is not Irrevocable; are valid legal transactions?
If the landlady will now revoke the POA, can she do so & if yes, what will be the status of Development Agreement & Irrevocable GPA?
Can POA holder willingly terminate the deal & issue public notice of termination?
If yes, such notice is to be issued by him in his personal capacity or through lawyer?
Can he display a notice board on the property notifying termination of agreement?
If the builder will not respond to notice, will notification of termination to sub-registrar construe the termination?
What is the remedy available to builder to avoid termination & keep the agreement in force?

Pradeep Garg   09 January 2015 at 14:42

Leave

Dear Sir,

Please clarify whether earned leave should be encahsed by the Companies on the basis of Basic Salary or Gross Salary. Gross Salry includes Basic, HRA, Leave Enacashment & others.

Also clarify about the number of leave (including CL & Earned Leave) for which a employee is entitled in a pvt. ltd construction company.

Rakesh Kaushik   09 January 2015 at 13:25

Start own placement service

Respected All,

I want to start own placement service & HR service.

Kindly can you help me what type registration are required and what type licence are required to start this placement service & HR consultancy service.

Kindly suggest.

Yours

Rakesh Kaushik

9992185062