dipak
28 May 2011 at 13:30
In Gujarat State there is one city namely Vadodara and in that city there is a area namely Dandia Bazar. on that area I had one flat on 1st floor, and I am senior citizen old woman lady staying alone. IN my flat there are 2 flats owners had also 2 shops in ground floor,Maintainence charges for all it is 200/- p.m. but the 2 shops owner is only giving 50/ R. P.m. becuase they are arguing that we are paying 200/- p.m. of flats so we will not pay 200/- for shop? i. e as per them they are paying 250 p.m. for one flat and one shop .... it is right or worng please advice me and if there is any legal rules having for the same.... Please advice
THanks
Anonymous
28 May 2011 at 12:58
any one can upload the Form A, soft copy, where we can fill the form, if we search form, we are unable to download from any where.
dasd
28 May 2011 at 09:22
If i accepted a loan in kind[some precious metal not authorized as currency of the country ] then whether it gets covered under sec 269ss??
A/d to me it shouldn't be as it's supported by the various case laws one of them is Asstt. Cit vs Ruchika Chemicals & Investment (P) Ltd.
Clause (iii) of Explanation to section 269SS clarifies the purport of "loan or deposit" as loan or deposit of money. When this Explanation is read with the main section it brings to light that only the transactions of loans or deposits which are covered within the ambit of this section are that of "money'. If the loan or deposit transaction is not that of money, then it would go out of the purview of section 269SS and resultantly no penalty under section 271D can be imposed. The term 'money' has not been defined in this section. It was fairly admitted by-both the sides that the term 'money' is not defined anywhere in the Income Tax Act, 1961. No authority is required to be cited for the proposition that if a term or an expression is not defined in the Act, then the meaning to be assigned to it is as is understood in common parlance. The Hon'ble Supreme Court had the occasion to consider the meaning of term "money" in Kasturi and Sons Ltd. (supra), in the context of section 41(2) and it was laid down as under :
"It is obvious that the legislature has deliberately used the word 'moneys'. Wherever the legislature intended to refer to payment in kind other than cash or money, it has taken care to provide specifically therefore. For example, in section 41(1) itself, the legislature has used the expression, "whether in cash or in any other manner whatsoever". There are several sections in the Act which refer to benefits other than cash through the value thereof can be ascertained in terms of cash or benefits which are convertible in cash (see sections 17, 23(3), 28(iv), 40A(2)(a), 93(4)(c)), For example, section 28(iv) speaks of the value of any benefit or perquisite, whether convertible into money or not, arising from business or profession When the legislature has instead of using any word such as 'benefit' used only the term 'money', it can refer only to money as understood in the ordinary common parlance."
The Shorter Oxford English Dictionary defines "money" as a current coin; metal stamped in pieces as a medium of exchange and measure of value, b. Hence, anything serving the same purposes as coin, late ME. c. in mod. use applied indifferently to coin and to such promissory documents representing coin (esp, bank-notes) as are currently accepted as a medium of exchange".
The Law Lexicon by Sh. P. Ramantha Iyer defines 'money' as under :
Money (moneta)-That metal, be it gold or silver, which receives authority by the prince's impress to be current; for as wax is not a seal without a print, so metal is not money without impression. (Co. Ltd. 207). Money is said to be the common measure of all commerce, through the world, and consists principally of three parts, the material whereof it is made, being silver or gold; the denomination or intrinsic value, given by the king, by virtue of his prerogative; and the King's stamp thereon. (1 Hale's Hist. P.H. 188).
The definition of the term 'money' in these dictionaries and as laid down by Apex Court is a pointer to the fact that 'money' means 'cash'. When clause (iii) of the Explanation is read with main section, the natural coroliary that follows is that the restriction contained in section 269SS is against accepting loan or deposit in cash alone. The other modes of loans or deposits including creation of credit through transfer entries are outside the scope of section 269SS
in the same way above transac will be outside the perview of sec 269ss........
Q2:::if in the above trans only if i accept currency of any country as loan & melt it & sell it the market [hidden transaction of melting & selling it] & then repay in cash .269ss will be attracted....
Suppose i hv taken some silver bar [250 gms] from a person on repayment date I hv to return to him silver only [that too 250 gms] & some charges[quantity oly like 10 gms for 4 months etc] for keeping or using that silver .
Now 1st ques is that whether it attracts 269ss or not?
2nd ques is whether it wil be treated as valid transactions?
3rd whether it wil be like some benami trans/diversion of income to kiths & kins?
Anonymous
27 May 2011 at 21:05
dear sir we want buy a na land for our factory in gujarat please suggest me a good laywer.
mithilesh
9374462227
Parthasarathi Loganathan
27 May 2011 at 20:02
My heart was bleeding and choked with emotions when I visited my great and historic Law College today after 23 years as a part of my endeavor to recall my school and college memories. Such a beautiful and gigantic monument now literally remains in shambles. My Table Tennis room, Gallery classes, Green Trees, neat premises, etc have now become a thing of the past. We used to really feel proud to be a law student in those days. Dr. Ambedkar Government Law College, Chennai (DAGLC) which is now called was established way back in 1891. Situated at the heart of Chennai City, our college was later renamed after Bhimrao Ramji Ambedkar, an Indian freedom fighter and fighter for rights of untouchables and Dalits.
The college produced illustrious students like: (to name a few)
1. P Chidambaram, Home Minister of India
2. Kotla Vijaya Bhaskara Reddy, former Chief Minister of Andhra Pradesh State, India and former Cabinet Minister, Government of India
3.V. K. Krishna Menon, Defence Minister of India
4.P. Satyanarayana Raju, Chief Justice of Andhra Pradesh High Court and Judge, Supreme Court of India.
5.Archana Srinivasan, dancer from Chennai.
6.Asaithambi P., revolutionary leader
7.T. N. Manoharan
I appeal to all old students of our Madras Law to join together and assemble on any day to clean the premises and restore the lost glory without expectations from Government. Let us lead and set example to hundreds of historic educational institutions in the country to take cue from our voluntary service. I am prepared to even take leave from my Bank and offer physical or even monetary help for this cause. Is there any Advocate who passed out from Madras Law College to take lead for this noble cause.
I want to share this information in all social networking channels for eminent old students to take notice of this call.
Parthasarathi Loganathan
27 May 2011 at 19:39
Consequent to granting permission to appear for B.L.exams by the University of Madras, old students are in need of the standard syllabus for the following subjects in the final year. I request experts to share details and suggest names of authors/guides for the benefit of old students of which many of them have crossed the age of even 60 years and are eager to complete and gain B.L.degree even after retirement from Service.
1.Law of Civil Procedure including Limitation Act and Arbitration Act.
2. Criminal Procedure Code
3. Public International Law(Peace)
4. Labour Law
5. Taxation Law
6. Administrative Law
7. Interpretation of Statutes.
Since Madras University has arranged to conduct these exams in a short notice time (during third week of June 2011), I request advocates/lawyers who are based in Chennai to kindly help and post the syllabus material as the same is urgently required.
This would benefit number of old and energetic students who have lot of passion in law and were forced to discontinue their studies due to job commitments and placement out of Chennai during the 70s, 80s, and 90s.
Govardhan Gangawane
27 May 2011 at 19:02
01] Public trust is registed in 2006, but no election call till May 2011, then what will be the effect of irregularity done.
02] What is the legal & correct procedure to resignas a member of public trust.
03] What is the procedure to resign only post holds as president of public trust and not membership.
Anonymous
27 May 2011 at 16:55
If end user company X wants to start business with Co-operative society under Joint Venture relating to coal mines in Jharkhand, is it possible? want to know legal aspect.
Monu Bhardwaj
27 May 2011 at 16:55
A person is carrying trading business. He is Operating business by creating four Pvt Ltd Companies in which he and his wife are directors in 50:50 ratio of shareholding. He is also running a partnership firm in which he and his wife are partners in the equal ratio. The whole process of business is as follows:
1. They are raising unsecured loans in personal names and transfer the same in one of the company. Company is paying interest and instalment of that interest by the company’s cheque directly to the bank/financial institution.
2. No TDS is being deducted from these payments.
3. Directors transfer funds to purchase property in their personal names.
4. Interest of Rs. One Crore per year is debited to the profit and loss account.
5. Limits CCs of Rs.10 Crore had been raised in the relevant companies but used for purchase of property.
6. No enough working capital is left in the business and they raise further loan secured or unsecured or home loan.
7. No statutory compliance have been made.
8. Furhter they create a vogus proprietorship firm and the turnover is Rs 2 Crore per year and the whole sale from this concern is in cash. There is no cash in the books but they deposit lacs of Rupees in bank from black money.Cash balance is also negative which will be made positive from receiving cash from old accounts of bad debtors.
9. They are using faque Form C for avoiding sale tax in the above concerns.
10. They are not registered in PF ESI Shop Establishment Acts.
In the above all they are evading lacs of rupees sale tax service tax income tax and not paying the employees their salaries in time.From April 2010 they announce increment in our salary but we have not received arrear of salary from April 2010 to Dec 2010.We have not received our leave encashment for the financial year 2010.
My problem is that I was the previous accounts head of this concern and they are threating me that if I say something to someone they file a FIR against me or theat me by saying that they can destroy me and my family.
I humbly request all the members of LawyersClubindia to help me by suggesting where to complaint against these concerns by not disclosing myself or keep my identity confidential.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
Owner wants to close down company/factory
If a person running Company/Factory (HUF)since 5 years. Now he wants to close down it. But the Workers opposing and demanding.
In such situation as per Law, what is Owner's right and What is Workers right?
What should Owner do in such situation.
Please advice.