Maulin Shah
28 April 2014 at 13:25
With reference to above, I beg to send the following query for early reply.
“A” The Charitable Trust is minority trust and conducting educational institution since 15 years. Some of the educational institution are receiving grant from the govt. and some are self finance institution. The Trust is filing the I.T. Return since 7 to 8 years. The trust and their ancillary institutions are working by receiving grant from the govt. and by receiving loan or donation from agriculturists or private parties since 7 to 8 years. The return filed for nil income for the A.Y. 2011-12 In March 11 and assessed on 31-03-2014. The A.O. has made an addition of Rs.72,13,812/- u/s. 68 in spite of confirmation holding PAN in almost all cases were produced at the time of assessment along with copy of 7/12 (agriculture) & salary certificate. Most of the loan givers are old and having PAN and also there is a credit balance of the loan giver, i.e. The loan givers has also given loan to the trust in the previous years and also earlier years and the same persons have given the loan during the year of assessment in cash but repayment during the year is only by cheque. Some of the loan givers are agriculturist and some are salary persons and they have no any other source of income so the question of introducing unaccounted money does not arise
The Grant in the ancillary institutions were not regular and therefore the trust has received the loan and transfer to institutions as per need and loan repaid to trust no Sooner grant received by the ancillary institution and trust repaid to loan givers. There is no bad intention of the trust to receive loan in cash but it is only to run and conduct the ancillary institution well, If no grant received. The trust is not a profit making institution but in deficit since 7 to 8 years and no position to pay demand of Rs. 29,00,000/-. I have preferred an appeal to C.I.T against the order of A.O.
So you are requested to reply on the following points.
1. How to plead before C.I.T. appeals as this is a minority Institution (Charitable Trust) and as mentioned above cash received from loan givers only to run ancillary institution good and then repay after receiving grant.
2. How to get stay ? Whether possible to get stay during the pendency of appeal as per judgment of M.P. High Court.in the case of Maheshwari Agro Industries v/s Union of india & others(2012) 246 CTR 113 and as per instruction no 96 of CBDT (F.NO. 1/6 169, ITCC) 21/08/69.
Please reply and opine with case law if any immediately
S
28 April 2014 at 12:35
My colleague has been suspended in the month of October (29/10/2014) for contemplating disciplinary proceeding . He is working as a PGT Teacher in Navodaya Vidyalaya samiti. His headquarters has been changed from Amravati to North Goa, immediately. Till date he is not charge-sheeted and there is no official communications about the reasons for his suspension. He is completing 180 days (Six months). Now, what course of legal action he has to take for revocation of his suspension?
How can he change his headquarters to his original station i.e. Amravati, Maharashtra.?
Please help him.
BALAGURU D
28 April 2014 at 12:31
Dear All,
On 1978 Tamilnadu Housing Board had alloted one flat to 'A'. On 1984 'A' has executed Irrevocable Power of Attorney in favour of 'B'. On 1994, after all the EMI due to Tamilnadu Housing Board, the board executed the sale deed in favour of 'A'. In that 'A' has signed. After that On 1996, 'B' has executed the sale deed in favour of 'C'. Now 'D' my customer wish to purchase the property. What are the legal parameters to be concentrated. My doubt is "in sale deed of 94 signed by 'A'. But 'B' executed sale deed in 96 infavour of 'C' why 'A' has not singed in Sale deed of 96. Whether the 'B's interference will come in future.
Regards,
Balaguru D,
Manager,
The Catholic Syrian Bank Ltd,
9790668136
Sundram N
28 April 2014 at 11:24
Dear Sir,
kindly suugest what to do : when i send clothes and necessary things for my children through parcel by post office, she, wife refused to accept but she is accepting all the things physically from hand of my relative. she accepted my money order in previous month but she is saying that she will refuse to accept if i send via money order.
sir, i do not know what strategy is going to make from the wife side. as she is saying in mediation of high court, patana that she is ready to stay with me but her intention is very cruel and i have suspense on her that she is making some cruel plan as i have been saved from antisocial person which was arranged by her and her father.
kindly suggest what to say in next date of mediation which is going to be held in next month. as i totally denied to stay with her at any cost.
kindly suggest.
T R Narayanan
28 April 2014 at 11:22
Im in a rental accommodation in Mumbai since last 60 years.Father died in 1995. I with my family was the only member who was staying with him before, at the time of death and thereafter till date. landlord stopped collecting rent from me since 2011,demanding money for transferring rent receipts in my name.Now he has sold the entire property of around 100 tenants to a builder,granting him Development Rights.My queries are
1) Can I approach Rent Act Court filing a declarative suit.
2) How much area im entitled in case of redevelopment. considering my area as 455 sq ft.chawl.
3)Can the builder collect rent from us.
4) Can the builder evict us if we do not agree to his terms.
5)Can u kindly state which book, rules or regulations describe what documents we need to ask from builder, including for redevelopment.
Your reply will be really appreciated.
Regards
NSharma
Dhaval Mistry
28 April 2014 at 11:18
Hi all,
I was born in Gujarat and raised in Pune. Our real surname in Gujarat is "Chudasama" and it is the same on my dad's OBC certificate. But in Pune on all our legal docs, we have our surname as "Mistry."
The question that I have is, how do I change my surname to our real surname "Chudasama"? Will I be able to obtain my OBC certificate from gujarat after changing my surname to "Chudaname?" And, If I change my surname do I have to change my dad's surname as well along with my wife and brother's?
Regards,
Dhaval Mistry
Amit Maheshwari
28 April 2014 at 11:14
Hello to all Respected Experts . I am Amit Maheshwari (Advocate) and need some suggestions on this matter .
A property was attached by Income tax Dept. due to outstanding of Income tax . In this property a Trust was Decreed by court to register 65% property in his favor . now the ratio is 65% in favor of trust and 35% is in favor of Income Tax Department . And this is Undivided portion between both parties . About 7-8 years ago a land scam-er has taken Possession of 3 go-downs in said property by illegal way . After this he (land scam-er) given these go-downs on rent to unauthorized tenants by a Agreement of on 100 rs. stamp convincing them that he is the owner of the said go-down . I got a photo state copy of Agreement from one tenant . In this Agreement land scam-er says that he is owner of this go-down and rent is rs. 5000/- per month starting from 1 Aug 2008 . I send many letters to IT dept. but they are not taking any action about the confusing for their portion which is undivided . And Trust is also not taking any action for family feud . I want to know for my knowledge Is it allow under sec 39 or 154 Cr.p.c. any other person who is not concerned about the said property but as a responsible citizen can he lodge a complain about this crime or is there any other provision for lodging complain about this matter in law
Subrayan
28 April 2014 at 10:54
Thanks for your previous response. I once again posting the same message with agreement. I have booked a flat in 2008 in a project comprising few blocks with 20 level buildings. In the signed agreement it is not clearly stated that payments are to be demanded based on the completion of floors in a block where my flat is located, its more General. The Handing over is clearly defined (42 months from commencement date) as the whole project with the exemption in case if promoter receive the approval for higher levels, stating that they will continue higher level even after handing over.
The promoter has delayed the project and till date no handing over. I have released more than 85% of flat value by end 2011, after that I have stopped releasing any further payment. Now my question "Is the promoter has the right to demand the payments based on the progress on individual blocks?" My understanding based on the agreement is that the Promoter should have progressed all blocks simultaneously in order to meet his agreement of delivering the whole project.
Copy of agreement is enclosed for your review and advice.
Advocate M J
28 April 2014 at 10:12
Respected learned members,
My client a retired teacher had availed a HL from a bank which has sent him a SARFASI Act notice U/s 13(2) inspite he paying his EMIs continuously for 7 years. The bank has done this deliberately, refusing to accept his EMIs as he has filed a criminal case against them for misappropriation of his accounts. Challenging 13(2) my client has filed a IR in DRT which was accepted. To file objections against the same the bank's lawyer had requested for a next date.
Instead of filing objections for 13(2) the bank has sent 13(4)position notice which was challenged again by my client in DRT.
As my client challenged 13(4) DRT instructed the bank's lawyer not to take the physical position of the property of my client and passed such orders in the file. Inspite of such orders from DRT the bank has published position notice in the newspaper.
As the bank has ignored the DRT orders my client is afraid that the bank is determined to take the physical position of the property before the next hearing in DRT. Hence he wants to get a stay from the High Court.
Kindly advice how to help my client.
Thank you
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H.c. order
One of my property was rented out to Tenant and because if my own reasonable requirement I fought with the tenant in the court of law( initially at presidency small causes court ,kolkata and then City Civil court and Calcutta High court since 1991, In 2000 won the ejection suit at S.C.C court but tenant moved to City civil court and then set aside the decision of S.C.C court in 2005 , subsequently moved to H.C of Calcutta and won the case in 2007 since then Tenant is playing it through legal janglers and lingering the dates / either not appearing in the court or showing medical certificate and seeking vacation for 6 months or / during belif service case in being handled by his relatives and thus execution file is on since 2007. At this juncture , Can i file one petition in H.C. asking monthly rent since 2007 at the rate of prevailing market rate on sq ft basis till the time execution decree comes for police help. Pl note that Initial Ejection suit started in 1991 as per premises Tenancy Act 1956.