sujeet patil
14 November 2013 at 19:03
Limitation for filing declaration suit for declaring marriage as void.
If assessee is an individual and engaged in the business of financing purchase of goods on Hire Purchase, will Service Tax provisions apply on interest received in this?
Please reply.
As per Rule 6A of Service Tax Rules, as inserted w.e.f. 1-7-2012, a service shall be treated as export of service when all following conditions are satisfied –
(a) the provider of service is located in the taxable territory
(b) the recipient of service is located outside India
(c) the service is not in negative list of services
(d) the place of provision of the service is outside India
(e) the payment for such service has been received by the provider of service in convertible foreign exchange, and
(f) Service provider and receiver are not merely branches of same person.
All points are satisfied except pt (e) which is doubtful since the assessee is receiving the payment from its USA based client in US dollars but due to some complexities was unable to get in the money straight into India without registering itself there as a co. So, as an alternative, it used the services of an entity in USA to get the currency converted into Rupees and send the proceeds to India.
Will Service Tax provisions be applicable .i.e. will it be considered a export of service or not?
Please reply.
Praveen
14 November 2013 at 18:49
DEAR SIR,
ONE OF MY CLINT WAS WORKING IN PRIVATE COMPANY AND RESIGN THAT IN 12 SEP 2012 WITH RESIGNATION LATTER.AFTER TWO MONTH,HIS ICICI BANK ACCOUNT WILL BE FREEZE BY THAT COMPANY.LAST 12TH NOVEMBER 2013, HE RECEIVED CALL FROM THAT COMPANY,REGARDING RECEIVING TWO MONTH SALARY AFTER RESIGNATION.HE ALSO SAYS THAT REGARDING THIS COMPANY ALREADY INFORM YOU BY POST AND MY CLINT HAS RECEIVED THAT STATEMENT.ACCORDING TO MY CLINT HE NEVER RECEIVED SUCH TYPE OF ANY INFORMATION BY POST/MY TELIPHONICALLY OR NOT ALSO BY MAIL. THE COMPANY MEMBER SAYS THAT WE ALREADY MAIL YOU ABOUT THIS MANY TIME.THE COMPANY MEMBER FORCE TO SUMMIT RS 48000 AS EARLIEST IF MY CLINT BE FAILED TO DO THIS ,THEY ARE SAYING TO DO LEGAL. WHEN MY CLINT SAYS THAT PLEASE DO UNFREEZE MY ACCOUNT SO THAT I CAN CHECK THE STATUS ,THE COMPANY IS SAYING THAT THIS IS NOT POSSIBLE UNTIL YOU PAID . MY CLINT IS SAYING THAT I NEVER RECEIVED ANY EXTRA MONEY FROM COMPANY SIDE.BUT I RECEIVED THE PF FROM THE PREVIOUS COMPANY WHICH HE ALREADY APPLIED. KINDLY SUGGEST THAT CAN COMPANY DO ANY LEGAL ON MY CLIENTS. WHIT OUT HIS ACCEPTANCE.
REGARDS
sir the property belonged to my GREAT GRAND FATHER he was died.
great grand father had one son he was also died.grand father has one son and one daughter and the daughter also died.
the ancestral property which was not partitioned
Q1. DECEASED DAUGHTER SONS HAS ANY RIGHT IN THE ANCESTRAL PROPERTY.
Q2.THE SONS OF DECEASED DAUGHTER DO THEY HAVE ANY RIGHT TO FILE PARTITION SUIT AGAINST THE BROTHER OF DECEASED DAUGHTER.
THANK YOU SIR.
jatin
14 November 2013 at 18:31
Dear SIr/Madam,
we have purchased property in Mumbai in 2009 which was with ready possession with architect certificate & full OC is recd. in 2011 ,in agreement it is mention to pay MVAT,
1.Are we liable to pay tax as flat are in ready possession but full OC was not recd.if yes then @ what rate ?
2.Builder has not taken TIN no till date, are we have to make paymt if he has no TIN NO?
3. He also demanding Int. & penalty for delay in paymt , are we liable for the same?
anuradha
14 November 2013 at 17:55
respected sir,
my client has married in june 2013 but her wife treating him with very suspecious attitude and before marriage she had a boyfriend now after marriage also use to meet with her ex boyfriend and my client had photograph with the him as a evidence and her behaviour in family is very rude and not sustainable as she always gives fear of making flase police complaint
now my client wants divorce from her and i the divorce is not possible as per time limit specified in the act but can i go for judicial separation as their is no time limit specified in the sec 10 of hindu marriage act please guide about when to fill the petition for judicial separation
raja
14 November 2013 at 17:29
hello sir,
mere behanoi ne ek case mere aur meri bahen k upar lgaya h ki hum log uski maa ke jewar aur paise chura laye h jabki hum log waha the b nhi aur ye case usne court se lgaya h na ki police k sath milkar shayad 156/3 me. please mujhe advice de ki hme kya krna chahiye.
Shanthi
14 November 2013 at 17:25
Hi,
My uncle mortgaged his property (2 houses) for some amount in the year 1993. Apart from that, he bought some loan from others in good faith. The total loan amount (including the mortgage) is 6 lacs. In a year he became insolvent. So he filed insolvency petition befor court. But the petition is dismissed for default. My uncle left the town and started his life in another city. Now he is wealthy enough to get the property back. The mortgagees did not try to find him. Now the properties are in the hand of one mortgagee. My uncle wants to take back the property. Can he claim the property now? The encumberence of the property proves that the title is still in my uncle's name. We did not check the name of the tax payer for the property. Its almost 20 years, what's my uncle rights? If he can claim means does he need to pay interest for the principle till date?
Regarding not geeting the possession
in the year 2010 i have booked flat and the builder will give the possession in Jan. 2012, but in Jan 2012 he asked for extension or offer to give the money back at the rate 80%. we aggred as we wanted our flats, but now again his is asking for another extension and he is challenging that he will give possession only after march 2013.
What legal action we can take against him if he does not give possession and ask for further extension. Please guide us.