Eldho Joy
07 November 2014 at 10:20
1.Our family property was in the name of my parents.Four years ago my mother died.After the demise of father if it is not changed to the son's name(child/children)what will happen to the property?
2.Should we change the property to the children's name when the father is alive?
Advice required.
ganesh
07 November 2014 at 10:07
One of my client wants to register his trademark for his juice-bar in pune.What are the documents required as well how to register .Please guide
vashdev
07 November 2014 at 10:05
Sir, I would like to know who is liable to pay VAT seller or purchaser. On under construction property or on completed property. Whether seller pays it from the pocket of purchaser or from his own pocket. please guide me. Regards vashdev
Gayatridevi
07 November 2014 at 09:52
Sir I was applied for central notary on July 2014, to notary cell, dept.of law & justice,through the judicial magistrate under the new provision of notary act. But did not got any acknowledgement of my application and status of the same.
Could you please help me to how we can know the status of the notary application.
I also want to know if taking signature of district judge on the notary application is allowed in the five authorized persons or do we need to take the signature of JMFC. As I sent the application with district judge sign
Please advice me. Thanking you sir
BSKRAO
07 November 2014 at 09:47
(1) It was clearly held by the Hon’ble Supreme Court in the case of Bar Council of India Vs A.K.Balaji [SLP(Civil)No(s)17150-17154/2012] Dt.4.7.2012 (SC) upholding the Madras High Court judgment in the case of A.K.Balaji Vs Govt. of India (2012) 35 KLR 290 21.02.2012 (Madras HC) that Advocates alone are entitled to practice the Profession of Law both in litigious & non-litigious matters, nullifying the effect of Section 33 of The Advocates Act,1961. This also confirms to Section 29 of The Advocates Act,1961.
(2) The constitution bench of Supreme Court of India in National Tax Tribunal case of Madras Bar Association Vs Union of India bearing No.150 of 2006 Dtd.25.09.2014, it was also held that Non-Advocates to represent party to an appeal before NTT, unconstitutional and unsustainable in law. On date, appearance clause under all Indian taxation statute has been subject to review of apex court. If such appearance clause still retained in statute books of Indian taxation laws, situation may arise that orders of the assessing authorities passed against the representations of other than Advocates will become in-fructuous, bad in law, null & void. Further, such orders cannot be enforced and / or appealed.
(3) Latest policy decision of the learned officials in Finance Ministry to expand the definition of “Accountant” to include related professionals in DTC-2013 is most welcome move. But, in order to give full effect for the same, Tax Practitioners Law is most essential for India to enable other than Advocates also to practice exclusively in taxation laws in India. Our esteemed Central Govt. must come out with subordinate legislation; introduce Tax Practitioners Bill covering all five class of tax law professionals of India (Viz.Legal Practitioners, Chartered Accountants, Cost & Management Accountants, Company Secretaries and Income-Tax Practitioners). Such Tax Practitioners Bill should be introduced with “Preamble” stating that “other than Advocates are also practicing exclusively in the line of tax laws in India, in order to protect them & also in the interest of Govt. revenue, this Tax Practitioners Bill has been introduced”. Then such Tax Practitioners Law cannot be struck down in view of the above court verdicts. Treasury Department Circular No.230 for regulations governing practice before the Internal Revenue Service of Income-Tax Deptt. in USA & Tax Agent Service Act of Australia are very good examples for kind consideration of Ministry of Finance, Government of India to have similar Tax Practitioners Law in India also, to generate tax professionals for widening genuine tax base of assesses.
(4) Due to latest court verdicts on practice of law, India is badly in need of Tax Practitioners Law. Among Legal Practitioners, Cost & Management Accountants, Company Secretaries, Chartered Accountants and Income-Tax Practitioners, who wants to practice tax law in India, should mandatorily seek registration under Tax Practitioners Law, whatever their parent body says is immaterial & Tax Practitioners Law should recognize the qualifications acquired by all the five class of tax professionals. On date ample tax compliance work is there, but there is no required Tax Professionals to support voluntary compliance in Indian taxation laws. Further, “More persons in the line of tax practice more revenue to the Government”.
(5) Tax Practitioners Law in the lines of “US Treasury Circular No.230” is well suited to India, required for India & also need of the hour to widen genuine tax base of assesses. “Tax Practitioners Law, if brought in India, will generate self employment with added advantage of increased revenue collection”. I/We hope that Ministry of Finance, Govt. of India will consider this suggestion/representation, which is in the interest of Govt. revenue & all five class of Tax Professionals of India.
Member (Account Deleted)
06 November 2014 at 23:55
i work as a teacher in a girls' govt school under delhi administration.
one of my students who had been under me since 2011 is now in class 11th.when she was in class 9th,i had sent all my students' names (including hers)to CBSE office for registartion.her parents' names,her DOB and her own name. spellings were checked by me for accuracy,by referring to her old documents which she had presented to school while seeking admission.
by mistake i entered wrong DOB before sending her details to CBSE.
still she signed some papers which mentioned all the above details,including her DOB.her signature implied that she regards her details correct.it's mandatory to take these signatures before sending these details to CBSE office.
next year again,when she was in class 10th her detials were shown to her which she signed again before approving them.if any correction was needed it cud have been done only if she had pointed out any error.
so,twice,she approved of her DOB by signing without checking it.
few months later she even got CBSE registration card which mentioned wrong DOB.at that time also she did not point out this error.
Now when she passed her 10th exam,she noticed the incorrect DOB in her 10th certificate.suddenly she woke up to this error,which she had been ignoring till now..
now does the onus of this mistake lie on me??my colleagues say that DOB change in 10th certificate will cost money which i should pay to CBSE,otherwise it can cause legal action from parents ON ME.her parents say its my fault.was it not the girl's fault to keep signing papers 2 times in class 9th and 10th and wake up to this blunder only now.should the girl and her parents not take responsibility of getting DOB changed by visiting CBSE office themselves ?can i be forced to pay CBSE fees for DOB correction?
if teachers are to be blamed for each and everything,then why are students signatures taken for approval?please advise me legally
Vasu Moottu Kuzhiyil
06 November 2014 at 23:54
My friend is running a Pvt Ltd Company. He is in need of large amount to under take a new project. One of his friend have large amount of money lying in foreign country and ready to help him. He is willing electronic transfer of some money to the company account of my friend. My question are:
1) whether the details of source of this foreign money is to be mentioned in the Tax returns of the company?
2) Is there any restriction and ceiling for such fund transfer ?
Member (Account Deleted)
06 November 2014 at 23:52
i work as a teacher in a girls' govt school under delhi administration.
one of my students who had been under me since 2011 is now in class 11th.when she was in class 9th,i had sent all my students' names (including hers)to CBSE office for registartion.her parents' names,her DOB and her own name. spellings were checked by me for accuracy,by referring to her old documents which she had presented to school while seeking admission.
by mistake i entered wrong DOB before sending her details to CBSE.
still she signed some papers which mentioned all the above details,including her DOB.her signature implied that she regards her details correct.it's mandatory to take these signatures before sending these details to CBSE office.
next year again,when she was in class 10th her detials were shown to her which she signed again before approving them.if any correction was needed it cud have been done only if she had pointed out any error.
so,twice,she approved of her DOB by signing without checking it.
few months later she even got CBSE registration card which mentioned wrong DOB.at that time also she did not point out this error.
Now when she passed her 10th exam,she noticed the incorrect DOB in her 10th certificate.suddenly she woke up to this error,which she had been ignoring till now..
now does the onus of this mistake lie on me??my colleagues say that DOB change in 10th certificate will cost money which i should pay to CBSE,otherwise it can cause legal action from parents ON ME.her parents say its my fault.was it not the girl's fault to keep signing papers 2 times in class 9th and 10th and wake up to this blunder only now.should the girl and her parents not take responsibility of getting DOB changed by visiting CBSE office themselves ?can i be forced to pay CBSE fees for DOB correction?
if teachers are to be blamed for each and everything,then why are students signatures taken for approval?please advise me legally
Member (Account Deleted)
06 November 2014 at 23:39
i work as a teacher in a girls' govt school under delhi administration.
one of my students who had been under me since 2011 is now in class 11th.
when she was in class 9th,ie,in 2012,i had sent all my students' names (including hers)to CBSE office for registartion.her parents' names,her date of birth and her own name spellings were checked by me for accuracy,by referring to her old documents which she had presented to this school while seeking admission.
by mistake i entered wrong date of birth before sending her details to CBSE.
still she signed some papers which mentioned all the above details,including her DOB.her signature implied that she regards her details as correct.it's mandatory to take students' signatures before sending these details to CBSE office.
in 2013 again,when she was in class 10th her detials were shown to her which she signed again before approving them finally..if any correction was needed it could have been done only if she had pointed out any error.
so two times,ie,in 2012 and 2013,she approved her details to be correct,including her DOB by signing without checking properly.
few months later she even got CBSE registration card which mentioned wrong DOB.at that time also she did not point out the incorrect DOB.
Now when she passed her 10th exam,she noticed the incorrect DOB in her 10th certificate.suddenly she woke up to this error,which she had been ignoring since 2012,by blindly signing..
now does the onus of this error really lie on me to get these details corrected?my school colleagues say that DOB change in 10th certificate will cost money and that i should pay money to get it changed from CBSE,otherwise it can cause legal action from parents on me.her parents say its my fault.
was it not the girl's fault to keep signing papers 2 times in 2012 and 2013 and wake up to this blunder only in 2014.should the girl and her parents not take responsibility of getting DOB changed by visiting CBSE office ?can i be forced to pay CBSE fees for DOB correction?
if teachers are to be blamed for each and everything,then why are students signatures taken for approval?
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Zero depreciation insurance claim process for total loss, air bag system failure and no road side as
Hello Sir,
I purchased a new Hyundai i20 car(in July month 2014). I took a zero depreciation insurance cover by paying extra amount at the time of purchase.Last month I met with an accident at Gooty while coming from Bangalore to Hyderabad.I spent 3 hours in call and no actual assistance is provided by Hyundai road side assistance and I ended up in getting car myself to Hyd in a truck by paying 25 k(not reimbursable).Accident is severe that engine got damaged ,frot bumpers and everything completely damaged,structurally all body is damaged since car rolled also before crashing.But, airbag did not come out which is not acceptable. Shall I file a case on Hyundai for this.Secondly, my Insurance company (New India) is not providing me the full insured amount(with out road tax and with 5% reduction in actual price) or total replacement cost(since it is more than actual insured amount).I am paying 250 rs each day for keeping car in service center.Can I claim road tax and its Procedure.Please suggest.