Anonymous
10 September 2011 at 14:58
where Industrial Tribunal has erroneously held that Mr X is an employee of Mr Y ltd(a Govt Org), whereas Mr Z a consultancy services Ltd had employed Mr X with Mr Y and the salary is being paid by Mr X only.
And an appeal is preferred before HC against tribunal order wherein HC issues notice and stays order of tribunal,
1. can Mr X prefer 17 B application,
2. Can a High Court grant Mr X interim relief under section 17 B, where it is to be decided { as to who is his employer Mr y or Z)and whereas the last drawn salary is drawn from mr Z. any case laws of HC
3. Can Mr Y ltd prefer a recovery suit at a later stage on Mr X if sec 17 B application is allowed against My Y ltd today, if in writ petition it is held that Mr Z was his employer and not Mr Y ltd.
Anonymous
10 September 2011 at 14:51
WE ARE MANUFACURER OF C.I.CASTINGS OF DIFFERENT SIZE AND SHAPES. C. I. SCRAP GENERATED IN THE PROCESS IS CAPTIVELY CONSUMED BY US BY ISSUEING ISSUE SLIPS. IS IT THE RIGHT PROCESS. PLEASE HELP. WHERE AS OUR EXCISE DEPARTMENT DEMAND ISSUE OF INVOICES AT THE TIME OF ISSUE OF C.I.SCRAP WHICH IS GENERATED AT THE TIME OF PROCESSING. ALSO THEY CHARGED THE DUTY AMOUNT ALONGWITH INTEREST ON US ON THE QUANTITY OF SCRAP USE BY US IN THE YEAR 2008/2009 AND 2010. IF THERE IS ANY CASE LAW REGARDING THIS MATTER PLEASE INFROM ME.
WITH REGARDS
AJOY
prashant1314
06 September 2011 at 09:40
Dear Experts,
I have observed that differenct companies offer different paid holidays to their industries that varies from 07 -15 in Maharashtra?
My question is what are minimum paid holidays to be offered to the employees?
Are there any Paid Holidays that operates throughout in India compulsorily?
Anonymous
30 August 2011 at 17:49
QUERY FOR OPINION
FACTS
1. The company is a SSI unit in Rajasthan, manufacturing marble slabs (which is excisable at INR 30 per square meter) and availing exemption under SSI on grounds of turnover being below INR 1.50 crores (the “Company”) .The Company is not registered under central excise as it is exempt. The Company has a Bombay office which trades in marble slabs and has a high turnover, but it is purely trading.
2. For year 2008-2009, the total turnover of the Company’s manufacturing unit was INR 1.34 crores.
3. In year 2009-2010, the Company was allotted license to import marble blocks which the Company imported. But, instead of getting the raw material to the Company’s manufacturing unit, the Company got it processed on job-work basis in Silvassa from other manufacturers and the job-worker duly paid excise on such goods removed. The Company was entitled to receive CENVAT credit but did not claim any credits as it was not registered. We are counting this as a trading activity of the Company’s Rajasthan unit and not manufacturing activity and are not counting this turnover (approximately INR 5 crores) for basic exemption limit of INR 1.5 crore.
4. For the year 2009-2010, the situation for the Company was:
Manufacturing turnover at factory : INR 40 lacs
Trading turnover at Silvassa : INR 8.25 crores
(We are counting the job-work turnover as trading turnover because the blocks have not gone to the factory of the Company at all and we have processed the goods outside in other factories and sold them also from outside, i.e. Silvassa.)
5. Similarly, for the year 2010-11, the situation for the Company turns out to be:
Manufacturing turnover at factory: INR 40 lacs
Trading turnover at Silvassa : INR 9.60 crores
QUERY
1. Will the trading turnover be counted as manufacturing turnover for the purpose of calculating excise exemption limit of INR 1.5 crores and also for the registration limit of INR 4 crores, or given the facts above we can still continue to enjoy exemption under SSI registration because the manufacturing turnover is below INR 1.5 crores?
2. Director General of Foreign Trade (hereinafter referred to as the “DGFT”) related query: We are allotted license on actual user condition to import marble blocks and sell them after processing. We are of the view that as per DHFT law under actual user condition, it is not compulsory for the importer to process goods in its own factory only, but the importer can also get it processed on job-work basis from other manufacturers and then sell the finished goods. By doing so yhe importer complies with actual user condition . Is our view correct and legally tenable? Such sale i.e sale done on jobwork basis outside the unit has been counted by us as manufacturing turnover for the purpose of license allocation in DGFT only , but for excise purposes as per provisions of excise it has been taken as trading turnover because of the facts mentioned above. Although the Company is exempt, it has paid excise on all the goods processed at Silvassa because we do not consider it as part of manufacturing activity and so the jobworker paid excise then we sold the goods and count it as a trading activity. Is this legally coorrect?
Also, in this regard please note that the concerned government department has verbally conveyed to us that since the marble blocks were imported by us, then processed in the job-workers’ factory and then sold, they will not come under the purview of trading activity as the form of raw material has changed from blocks to slabs. Is this a legally tenable objection? Our view is that even if the form has changed, it does not amount to manufacturing activity of the unit, as the activity is taking place totally outside the Company’s factory. Is this view correct and legally tenable?
Mahesh Kakade
28 August 2011 at 18:06
I want to Work Contract Tax.
If a company have taken an EPC job for installation of project, in the scope of work supply equipment, civil work and erection value has been clearly defined. In addition to the above in civil work it further defined the scope of civil work i.e pure labour work, supply of cement, supply of steel and aggregates.
I want to know how much WCT will be require to pay?
Also any other scheme to save the tax in the above contract?
Navdeep singh
28 August 2011 at 16:11
Hi sir I want to know the procedure and full detail of dj group registration in punjab.
I there need for licence for Dj group? Process for this
Anonymous
24 August 2011 at 15:45
My resident building is under dilapidated catogory and the prapose owners fighting in court since 1999 and not willing to giv NOC for redevolopment.
Is there anyway between that we can with Joint venture with MAHADA and builder take advantage of 33(7) sceme,where praposed owner can not stop us from development.
ravinder
24 August 2011 at 08:25
sir .........
my question is that a company in its demerger has not complied with as-14 and regional director has objected on the same in high cour....so what are the cosequences of this non-comliance..?
suggest any legal provision of companies act,1956 or any decided case law on the same matter...if any.?
Anonymous
23 August 2011 at 21:58
The employer had filed recall application against the ex- parte award of the labour court without mentioning the act under which the recall application had been filed not by the party but by the authorized representative of the company simple plain paper without affidavit and without delay condone application after 30 days of publication.
However it is pertinent to mention here that the award is not ex-parte as the company has filed w/s, rejoinder affidavit, refused to file documents ad absented itself deliberately in management witness and arguments. It has also filed various interlocutory applications/ objections rejected before passing award under the direction of high court to decide the issue at earliest.
Now challenging before the writ court the award, the recall application which was rejected under the state act while the reference order is in the central act.
Is this issue will have any serious implication in the writ court?
How this issue should be argued before the writ court?
Is there any ruling in support of submission.
Let me know.
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Allow input tax credit
WE ARE PURCHASE THE RAW MATERILS FOR OUR MANUFACTURING PROCESS LOCALY IN WEST BENGAL THROUGH LOCAL TRANSPORTER. AT THE TIME OF ASSESSMENT UNDER VAT ACT THE CONCERNED OFFICER ARE DISALLOW THE CREDIT OF THE PURCHASE VAT (INPUT VAT) DUE TO NON AVAILABLE OF TRANSPORT DOCUMENTS LIKE CONSIGNEMENT NOTE. WE SUBMIT A SUBMISSION ALONG WITH THE TRANSPOTER'S BILL THAT DUE TO LOCAL PURCHASE WITHIN THE STATE THROUGH THE LOCAL LORRYWALA SO WE ARE NOT IN A POSITION TO SUBMIT THE CONSIGNMENT NOTE. WE PURCHASE THE MATRERIALS FROM THE PARTY CONCERN AS EX-WORKS BASIS. PLEASE HELP ME ALSO INDICATE THE CASE LAW IF ANY REGARDING THE MATTER THAT WITHOUT TRANSPORT DOCUMENTS THE INPUT VAT ARE NOT ALLOWED.
WITH REGARDS
AJOY