jigesh
04 September 2012 at 17:26
My father had sold agri. land of 1000 sq yards through sale deed on stamp paper of Rs. 120/- and the purchaser had taken the possession in the year 1975, then they had started to constructed the residential building before 4 to 5 years, but local government had demolish entire construction, now He had filed a petition in the court of Ahmedabad for claiming the ownership on the basis of Sale Deed which is till dt. not registered. Still my father name is showing in 7/12 & other records
My question is as under
(1) Is above agriculture land will be trf without my father's consent or sign?
(2) can you give me the strategy , how I have to settle this issue with purchaser?
Mohammed Rizwan Shaikh
03 September 2012 at 18:26
Sir/ Madam,
Mr. A is having a proprietorship firm M/s. XYZ on land bearing Survey No. *** admeasuring 101 acres, the only access to this land is from low lying land having multiple survey nos. admeasuring 13 acres.
These 13 acres was purchased by Mr. Z in a Joint Venture. Later Mr. Z gave POA to Mr. A's another partnership firm M/s. ZYX in which his 3 sons were partners including him. 2 sons expired and only one is alive. Mr. A's share in the firm is 10%
Few years back, the original owners of 13 acre land sold it to Mr. X. And in that agreement, the original owners clearly mentioned that the Mr. A is in possession of the 13 land and that too forcibly. Apart from this the original owners even stated that Mr. Z didn't complete the transaction, which is why the original land owners of 13 acres sold it to Mr. X.
So now in such circumstances Mr. A only is in possession of that 13 acres since past 40 years. Mr. A's son (partner) is torturing him mentally and started harassing him. He even sold several properties and rights by taking advantage of Mr. A's health and age. At some places Mr. A's son even sold properties by stating that Mr. A has expired.
Through some reliable sources, we have come to know that the son of Mr. A took some token amount for the 13 acres in regards to sell the possession rights.
1. Can Mr. A's proprietorship claim Adverse Possession on the 13 Acres land from Mr. A's partnership firm OR Mr. A will have to claim it with the Original Owners.
Sincerely requesting your valuable advice on this serious matter, Mr. A is 84 years old.
kishor solanki
03 September 2012 at 15:39
Sir, I had booked a flat and paid 60 % of the flat value but was not able to pay the balance amount due to shortage of fund and said amount of 60% was paid together at one time and then the builder waited for 2 years but i could not pay the balance amount. Therefore the builder cancelled the booking and handed over me my amount along with interest. My question is whether under what head my tax will come for the above and what would be the percentage?
What documents are to kept from builder for future taxation matters?
Member (Account Deleted)
03 September 2012 at 13:05
Hello Seniors,
Can a male assessee claim deduction on interest of house building loan in a assessment year before he gets the C.C (completion certificate) from the authority concerned and also after paying a interest of about Rs. 4 lakhs. If yes, then under which section and what is the amount for which he can claim deduction ??? Salary is about 42 lakhs per annum and the loan is of 20-25 lakhs.
The place is West Bengal, Kolkata.
Please help at the earliest.
Thanks a lot in advance.
DINESH AGGARWAL
01 September 2012 at 18:21
Dear All,
we are a developer company and put all expenses related to construction on CWIP. we have to pay certain internal development charges to HUDA and due. Installement of INternal development charges due on 31/st MArch 2012, can we treat is CWIP of last year (31-03-2012).
We have paid IDC after 31-03-2012.
Regards,
Dinesh Aggarwal
Dr Sangh Mittra
30 August 2012 at 13:40
Please refer:
http://www.indiankanoon.org/doc/1137324/
E. Sreedharan vs Union of India
If u are aware of some other case Laws please provide the Link.
Dr Mittra
........................................
Sir,
I was serving in the Defence, Government of India on the post of Lt. Colonel and was 46 years old. I came across an advertisement of a registered society which had termed itself an autonomous body established under the Societies Act of 1860. Since the post had mentioned essential qualifications for the post to be D. Lit, MBA and LLB and age to be below 50 years I thought it fitted me as I have more qualifications than the essential.
I applied for the post. I was selected to be appointed on the basis of the interview Along with me there were others from all over India and also from the Registered Society itself, who as candidates could not make and the misfortune fell upon me.
Since I was asked to produce discharge certificate from Indian Army and was told could not come on deputation so prior to joining the said Society I was advised by some colleagues to put up the terms of acceptance of the offer of the job lest they later to harass me treat me as a reemployed military pensioner who normally do not have the qualifications which I had.
There was no reservation for ex servicemen, nor any concession in age nor in qualification I wrote to the President of the Society that in the event of my joining them I would be given the Pay of the post and that there would be no reference to my Pension and its DA elements which I would get from the Indian Army in other words the Pension from Army and other benefits would be fully ignored.
I was clearly assured of the same and was informed that since I was joining a Registered Society and not any Govt Department, Public undertaking autonomous body, local authority. I could be given any pay and any facility. I joined on 14.07.1997. On joining my Pay was fixed at the minimum of the scale of the post to which I had been selected.
After a few months the President of the Society changed and the new incumbent who was close to the internal departmental candidates who had not been selected , gave , unilaterally, the instructions to the account section that my military pension be deducted from the date of my joining them. And my pay be refixed in terms of reemployed military pensioners.
I was by then not in the receipt of the Military pension and it took about one year for the military pension to be fixed but even then the account section started deducting the pension provisionally worked out by them treating me as a Military Pensioner. Later on they have been deducting my Military Pension minus the ignorable amount as per the rules of reemployed military pensioners.
I requested that if they were to treat me as a Military Pensioner then my Pay ought to be fixed in terms of Government of India Orders in which the basic Pay last drawn by me for the rank of Lt Colonel, was required to be given to me as is evident from the
http://esic.nic.in/CIRCULARS/E3ccsrp-
140910.pdf where it is mentioned
"( Para 4(b) (ii) . In cases where the entire Pension and pensionary benefits are not ignored for pay fixation, the initial basic pay on re- employment shall be fixed at the stage as last pay drawn before retirement. However,he shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus in the pay band of Rs 67000/- i.e the maximum of the Pay Band PB-4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay so fixed"
Should I not have been given the Basic Pay in the new post last drawn by last drawn by me as Lt Colonel in the post if termed "reemployment"?
All have been telling me that the service in the Registered Society is not a Government Service. I am now not a Gazetted Officer after my retirement as Lt Colonel.
The Society gets donations, income from its assets and grants-in-aid from Government, State Governments and even foreign bodies. Some people call it as an NGO.
Can the service in a registered society be deemed to be a service where my military pension would be deducted without giving to me the basic Pay of a Lt colonel which I was drawing as a Lt Colonel as clarified in Govt of India letter No. 3/19/2009-Estt.(PayII) Govt of India , Ministry of Personnel, Public Grievances& Pension, Department of Personnel &Training, Dated 05.04.2010?.
Further can this deduction of Military/ Civil Service pension be applicable in the cases of military/ civil pensioners who get selected to be appointed /re-employed to posts, where holding of a post under the Central Government is not a pre-requisite for such re-employment or where the Recruitment Rules of the post to which the pensioner is re-employed do not provide this as one of the qualifications?
Regards,
S Mittra
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Charitable trust-applicability of sec. 40a(3)
My client is a charitable trust having the benefit of registration u/s 12A of the Income-tax Act. During the financial year relevant to assessment year 2010-11 there were riots in the place where it has been functioning. While making some payments cash payments were made in excess of Rs.20,000/- in respect of certain expenses. The query is since the charitable trust is not a business concern and even if the donations are charged to tax they are not to be charged u/s 28 of Income-tax Act, whether provisions of sec. 40A(3) are applicable in this case. I feel if donations are charged to tax in certain circumstances, they are to be charged as income from other sources in terms of sec. 56 and not as business income u/s 28. Kindly clarify. Will be grateful if any case law in this regard is mentioned.