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Anonymous   05 April 2011 at 12:23

OTS

RESPECTED EXPERTS,

what is OTS means in SARFAESI ACT.??

is there any mandatory rule/provision for carry out OTS.??
thanks in advance

P.C. Joshi   05 April 2011 at 09:28

Service Tax

Dear Sir,

A foreign national NRI in India is providing consultancy to an Indian Company in setting up foreign universities in India. During the year 2010-11 he received Rs 30 lacs as cinsultancy charges from this company and the company deducted TDS on the said amount.

Queries:

1. Is there any liability of service tax on the amount earned by him. If yes under which head.

2. No service tax registration has been obtained by the said person and no service tax has been charged or collected. What are the legal imlication of the same.

3. What is the remedy with him to rectify the above defaults.

Thanks & Regards

P.C. Joshi

Anonymous   05 April 2011 at 08:50

detachable garage dispute

Hi Everyone,
Pls anwer my query,
mY husband bought our flat along wid the detachable closed garage 10 yrs back in mumbai surbaban area in a building which was constructed in 1984.In our agreement wid the first owner there is d mention af the garage along wid our flat, and we hv paid the stamp duty accordingly.
Now after so many yrs, all members of d society hv decided to sell the plot.Nw regarding the distribution of the money the other members of the society say tat the garage constructed is illegally done by the first owner itself and they will not pay us any amt for the garage.they say tat there is no mention of the garage in the original plan of the bmc and tat the first owners hv built tat garage illegally bu paying the builder some extra money.
As for us we pay the municipal tax for the garage included in the maintainance since the society has been formed.
Nw my question is is:
1) is the garage legally or illegaly onstructed
2)if it is legal then wat is the step to be taken to prove it
3)if it is allegal then whr do we stand coz we hav already paid for the garage.
4)is the mentioning of the garage(illegal or legal)necessary during the conveyance of the plot.

Pls answer my queries soon
thankyou

Anonymous   04 April 2011 at 23:03

U.P. Rent Act 1972

I filed release application against Tenants (commercial) in Prescribed authority/Trial Court U/s 21(a) u.p. rent control act 1972. Trial court rejects my application on bona fide need because there are two ancestral houses in other district and as well as on comparative hardship of Tenants that Goodwill will be suffer if he evicted.

In appeal ADJ court also reject on bona fide need because there are two ancestral houses in other district but finding on comparative Hardship is Totally against Tenants that NO HARDSHIP if he evict because shop practically closed since so many years.

High Court set aside both the judgment and ordered to evict the tenant.

Tenant filed SLP & got interim stay.

This is the First case I heard that on bona fide need finding against Landlord as well as on Comparative Hardship finding against Tenants.

What was the Future of this SLP?

Any Apex court citation where this type of case discussed?

GANESH   04 April 2011 at 18:57

SEBI CASE BEFORE APEX COURT

Dear All

can anyone let me know the website, where i can get the complete information about the case details filed by SEBI against SAT before APEX COURT?

Vimal   04 April 2011 at 17:33

ESIC Deduction on Contaractor casual labour

I am working with a govt organisation who works for their govt client for construction works. i want to know that whether ESIC is applicable on contractor employees including casual labour. if a company is defined as a consultant and works on behalf of their client (principle employeer) (ie. Govt) then what will be the resbonsibility of the consultant.and what will be the deductable amount which should be recoverd from the employee if they are not deducting any ESIC. pls provide circulars in this regard it will be very helpfull if possible

Anonymous   04 April 2011 at 16:52

Cross examination in the labour court.

Please advice me on the following: -

I filed a case for grant of promotion in the labour court after which my employer terminated my services. I filed a writ petition in the high court. In response to my writ petition the management also filed counter claims in the high court and subsequently I also filed rejoinder.

Now, the days have come where cross examination in the labour court has begun in the case of promotion. Now, the management is using the papers which I filed with writ petition and rejoinder as well as their papers filed with counter claims. My question is Can I refuse to recognise the papers or mute on the question of recognition of these papers which were filed in the high court, whenever the management asks, because I do not want to answer the questions which are being contested in the high court

with regards.

Rohit Telang   04 April 2011 at 10:31

cooperativ housing society

Iam staying in a cooperative housing society in a ground floor flat.Ours is a ground plus two floor building.For the past one year,Iam getting leakage in my kitchen,the source of which is the top floor flat.Iam convinced that the leakage is from their bathroom,which they renovated in the recent past.I brought the experts in civil constructions and they also concurred with me. Now this top floor owner is refusing to do anything in the matter and asking me to pay for the repairs.Under cooperative societies law who is responsible for this?What are the legal remedies for me? Can I lodge a police complaint aginst this member?Iam worried that my celing may collapse due to constant leakage.I tried to bring a plumber to atleast put some white plaster in his bathroom,but this person avoided that by not remaining present at the agreed time.Any how he is not willing to do anything and Iam suffering for no fault of me. I have complained in writing to the society.What is your esteemed advice?

Anonymous   04 April 2011 at 09:02

Custom duty

As per custom duty ,Upto Rs. 10000/- (the value will be calculated by customs them self, not by the price written on the package) marked as Gift would be free

Is it true?so, if some of friend or uncle can abroad can gift the product to india upto 10 k limit give as a gift without paying custom duty?

francisray   04 April 2011 at 03:23

share in the property

please help