Sagnik
16 March 2012 at 12:50
Dear sir,
My query is :-
WHY IS SHAREHOLDER APPROVAL NOT REQUIRED WHEN EQUITABLE MORTGAGE IS CREATED ON AN ASSET OF THE COMPANY , BUT SHAREHOLDERS APPROVAL IS REQUIRED REQUIRED WHEN USUFRUCTORY MORTGAGE IS CREATED ?????
Regards,
Sagnik Sanyal
sruti gupta
15 March 2012 at 12:38
In case Sales Tax/Commercial Tax department seized a property upon which Financial Institution or Bank u/sec. 13(4) of SARFESI Act, has also imposed its lock or seized the same at a later date. Then whose right over the property will prevail ??
whose dues have to be cleared first dues of the secured creditors or the Sate Government dues(Sales Tax)?
P.S : the above captioned property lies in Uttar Pradesh.
Medha Bhattacharyya
08 March 2012 at 18:56
An work order related with three jobs in a public sector Company i.e. Construction works of School Building,Health Center and Community Hall(solely used by the workers). Total contract are in a composite form.Whether the assessee will claim all the three works as an exempted Service under Commercial & Industrial construction?
Bhalnish Desai
08 March 2012 at 16:41
We are paying service tax on Consulting fees under Business Auxiliary Services. Can we take credit of the same
koteswara rao jonnalagadda
06 March 2012 at 01:00
to,
respective company lawyers,
i am from hyderabad,
my self and 'b'floated a company at hyderabad in the year 1994 and started service activity to entertainment industry with a sharing pattern of 20% mine and 80%to b .accordingly invested and informed to r.o.c of hyd.
from first year onwards company growing with profits.
in the year 1995 we took 'c'as director and he was alloted 20% intially and subsequently this become 29%
.
in the year 96-97 the share pattern is as under.
mine is 20%
b's is 51%
c;s is 29%
company entered in to mfg and assembling activity with latest work shop.it build huge asset base for leaseing to entertainment industry.till 1999 i was looking after some activity and i have given my assets to bank as colletaral for working capital.
from 1999 on wards b and c to geather avoiding me from company activity and not informing me any thing and sold 200lacs 300 lacs equipment to a relative of 'b' by under valuing @30% and diverted that money to 'b's personnel a/c and forced me to subhmit resignation.'c'taken over the rest of equipment and doing similar business on different name.
i have shown strong resistence and asked for the total a/c but they togeather thretend and not shown any a/c.
in the year 2008 'b's manager came to with a share transfer form for transfer sign and promised me that he is going to bring rs40 lacs cheque as commited by 'b&c'.
i have signed on trasfer form and given to the manager and he did not turnd up.
subsequently i went to r.o.c of hyd and checked the file there it was showing as my shares was soldin the year 2000 to 'b's daughter who was staying at u.s.a and submited form 36 in the year 2000 it self as if i resigned at 2000 it self.
kindly advise me at this juncture what type action will help me to get back my money at this age of 56.
with regards,
koteshwara rao jonnalagadda
e-mail;jkoteshwararao@gmail.com
cell;91-8106998849.
RAMA KRISHNA
03 March 2012 at 20:37
Brief Details of the case are:
In the year 1994 our father-in-law has sold Ac.0-22 cents of Agriculture Land to Smt. Prabhavathi with North Boundary as ‘Bata’ i.e. Baata (the width of passage/foot-path left by me to go to my agricultural fields)
.Again in the year 1995 our father-in-law has sold Ac.0-26 1/4 cents of Agriculture Land to Smt. Prabhavathi with North Boundary as ‘Bata’ i.e. Baata (the width of passage/foot-path left by me to go to my agricultural fields)
Later they constructed Appartments after obtaining simple permission from Urban Development Authority) by showing the North Boundary as ‘Road’ without mentioning either 20 or 30 feet and sold away the Appartments to 30 to 40 persons.
Also registered to the Appartment flat owners North Boundary as 33 feet wide road.
The Municipality has laid 33 feet tar road.
Now they have encroached our land that in the absence of width of specific mention North Boundary they have taken advantage of it.
As per A.P. Survey and Boundaries Act Sec.26 wherever in the old document in the absence of specific mention of width of Bata/foot path or cart track the footh-path is 4 feet and Cart track is 10 feet.
We have asked MRO to survey the land and mark our boundaries as per title deeds. But he did not done so.
The MRO stating
i) the land is not sub-divided,
ii) There is no cart track as per FMB Field Measurement Book
iii) the present position is that ‘it is not agricultural land it is a residential area/Appartments’.
Request to find any Suggestions please. I am very thankful for your kind help in this regard.
Akbar Khan
02 March 2012 at 19:42
1) Got married to lady in 2007as per Muslim Rituals.
2) Both Muslims.
3) Maher paid in full at the time of Nikka.
4) Posted Talqnama to her in 2009, which she refused to accept.
5) 6 days after Talqnama was posted she registered Crpc488 for our baby, which I accepted to pay & it was disposed with full payment under this Section. She herself being Govt. Employ.
6) After 1 year in 2010 she filled the case for Restitution of conjugal rights against me & also got stay against me for 2nd marriage, but at that time I have already done 2nd Nikka, which is also pending in court for disposal.
7) After a year she filled FIR for 498A & 406 against me & my family, final which culminated into Challan in the Court & is under Discussion for charge in court, the I/O from Police framed Challan against me on & dropped my family members.
8) She filled complain In Women Commission & SHRC.
9) She also filed Contempt against me in RCR. which is also pending in court for disposal.
10) She also got some recommendation against me from Women commission which were given to her on date on which their was no date of hearing even though I attended all hearings,as in our state the Commission is being run by a political leader & she gave those recommendation as my Ex-Inlaws have good political connection.The recommendation were 1) to my Director of the Department for Displenenary action under conduct rule as I being a govt employ for Bigamy.2)DG-Police for recover of belongs which I always said I am ready to give ,but they have shown the quantity in the list which will not be available in the big store in Delhi.
11) My query is about SHRC as I am attending the same from lost more then year, even though I told them all details & gave them copy of FIR, cases pending in the court of law. Kindly advise me what to do with SHRC & what action or recommendation they can give after all these cases.
Dhruv
20 February 2012 at 18:14
Dear All,
In a case, the Managing Committee, Chairman and the Secretary has not filed Form M-20 bond, the indemnity form with Registrar and has been managing the affairs of the society since last one year. Now what is the way out?
We received a legal opinion to reverse all the major acts done by the Committee in last one year, resign, appoint a new Committee and then again record all the major acts done by the previous Committee. My question is, Is it necessary to go to such a length for a small glitch in a procedure or is it possible to ratify all the acts done by the Committee during the last year.
Kindly help.
Dhruv
20 February 2012 at 16:28
Dear All,
In a case, the Managing Committee, Chairman and the Secretary has not filed Form M-20 bond, the indemnity form with Registrar and has been managing the affairs of the society since last one year. Now what is the way out?
We received a legal opinion to reverse all the major acts done by the Committee in last one year, resign, appoint a new Committee and then again record all the major acts done by the previous Committee. My question is, Is it necessary to go to such a length for a small glitch in a procedure or is it possible to ratify all the acts done by the Committee during the last year.
Kindly help.
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Cvd paid on import goods
Dear Sir,
One of my client is importing laptops for which they paid cvd+cvd edu cess+ cvd HE cess equivalnet to 10.3%. He is a trader in india selling these laptops by charging vat/cst as applicable. he is also a service provider. He falls under business auxiliary services and repairs and maintenace services for which they pay service tax. They have no any manufacturing activity.
so my query is
Can he claim cvd paid on import of laptops against payable service tax on business auxiliary services & repairs & maintenance services?
whether cvd paid is refundable to them by any other way or it is part of cost to them ?