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Medha Bhattacharyya   08 March 2012 at 18:56

Service tax

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

Business auxilliary service

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

`collecting back the investment in pvt ltd company

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

In the absence of specific width of footpath/pathway in agricultural land how can we deal with it.

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

Shrc

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

Please help

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

Cooperative housing society

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.

deepak panchal   18 February 2012 at 17:17

Managing committee queries

Dear Sir/ Madam,
Is it necessary for Can coopted members of managing committee to sign M20 bond. Also can a member who had arrears but was not served notices for arrears on his/her name make partial payment and join managing committee and later become office bearer.Can an associate member become office bearer. Can a managing committee refuse to take complaint/letter of defaulter.If yes then under what section/G.N.

Gaurav Jain   18 February 2012 at 12:07

Surplus freight

Respected Sir (/s),

An Indian Shipping Agent collects Surplus (excess) amount on the freight invoice from the Importer or exporter as they are not aware of the exact amount (dollar rate fluctuation)on behalf of the Foreign Shipping Company by a Shipping Agency Agreement.

Suppose the Importer exporter do not apply for refunds or adjustments against future transactions, till how much time the Indian Shipping Agent should keep the excess amount with itself. Whether it can forward the same to the foreign shipping company since the excess amount have accrued on the invoice though the foreign shipping company have not provided any service for the same.

Admin   15 February 2012 at 13:21

Message from Admin

Dear LCI members/ Experts,




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