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Anonymous   28 February 2011 at 20:33

excise duty leviable on sale of used capital goods in business

dear sir, i want to know whether excise duty is levied on sale of used capital goods but sale is not as waste & scrap. so plz sir, tell me about this question.

Shailendra   28 February 2011 at 20:05

conversion of land use

We have purchased an agricultural land for running educational institutions, after seeking permission from the DC as required under the provisions of S.109 of the Karnataka Land Reforms Act. The said land has been earmarked as an industrial land by the Belgaum Urban Development Authority, Belgaum. The DC in the permission has laid down a condition that we should get the land use of the purchased land changed from agricultural to non agricultural purpose. It is learnt that an educational institution need not get the land use changed and that there is a government notification and/or a circular in this behalf. kindly enlighten.

sampath kumar   28 February 2011 at 11:13

advice

sir iam(10+2 completed) pursuing ca ipcc, doing articleship.. but at the same time i want do llb 5 years degree simultaneously ,,,, so, is there any collges offering this course correspondence or (part time). . what are they in hyderabad.. please advice me how should i go about... thank in advance ..iam waiting for reply

Anonymous   28 February 2011 at 11:06

Sec 44BBB Turnkey Power Projects

Whether Turnkey power projects also includes Transmission and Distribution of power like tower erection and supply of conductors by a foriegn company ?
Give reference of some case law or notifications.

Anonymous   28 February 2011 at 00:16

Debenture Issue - Reg.

Respected Sir,
Pl inform about -
1. Is it mandatory to register the trust deed?
2. If compulsory who is the registration authority and what are the registration fees?
3. What is the time frame for registration of trust?
4. Is the registration fees payable in addition to the stamp duty payable under the Stamp Act?
5. Should the deposit of title deed be made before trust registration or at the time of registration or after the registration?
6. Is there any document /return to be filed with ROC or any other authority before issue of debentures , as in the case of Share issue where prospectus or statement in lieu of prospectus is due?

7.Can it issue unsecured debentures or only secured?

8. Is. debenture trust deed mandatory since SEBI guidelines do not apply to unlisted companies?

Pl inform with quoting/refering the relevant provisions, as this is highly important and required for the job.

Thanks and with kind regards
cs sanjay

ramesh   27 February 2011 at 18:24

excise on PPMF yarn under NOTF NO 30/2004-CE DT 09.07.2004

Respected Sir,

I am manufacturing Polypropylene Multifilament yarn(800deniers) from PP Granules being used as intermediate captively in the manufacture of narrow woven fabric. Narrow woven fabric is conditionally exempted subject to non availment of Cenvat credit on inputs. i.e.granules under Notf No 30/2004-CE .Previously I was availing cenvat credit on PP Granules and paying excise duty on narrow woven fabric under Notification No 30/2004-CE dated 09.07.2004 and availing exemption on PPMF Yarn under Notif No 67/95-CE dated 01.03.1995. Now I want to pay duty on intermediate product Polypropylene Multifilament yarn under Notf 67/95-CE dated 01.03.1995 at the value of 110% of cost of production and avail exemption on Narrow woven fabric under Notf No 30/2004-CE. But Notf No 30/2004 provides conditional exemption to Narrow woven fabric subject to non availment of credit on inputs. But I want to avail Cenvat credit on inputs. It is clarified PPMF yarn is unconditional dutiable item not covered under Notf No 30/2004-irrespective of availment on cenvat credit on inputs. Excise officers are asking me to not to avail Cenvat credit on inputs under new scenario and pay duty on PPMF yarn by PLA. My explanation is that I am using duty paid inputs into PPMF Yarn on which I will excise duty and PPMF Yarn is inputs for Narrow woven fabric (exempted) .My question is whether I can avail cenvat on inputs i.e. granules and use in payment of duty on PPMF yarn and also avail exemption on Narrow woven fabric under Notif No 30/2004 which is conditional notf does not allow cenvat credit to inputs if I clear NWF without duty. PPMF yarn which is intermediate for Narrow woven fabric,can be treated as inputs for Narrow woven fabric to fulfil condition of Notf No 30/2004 and to avail exemption on NWF.

Yours regards,


Harish

neeraj   27 February 2011 at 16:21

obc certificate

sir tell me that criteria of making obc non creamy depends opn fathers in come or self income.i am also in job.my father oinceme is 1lacs anuualy through pension.

s.m.laxmi   27 February 2011 at 15:30

banking interest rates

what is the maximum permissable interest rate that can be charged by sheduled banks for the loans lended by them for agricultural purposes?

fernandezyaho   27 February 2011 at 14:36

Agreement for Sale

Purchased property under "A" survey no by 5 people (1, 2, 3, 4 & 5). Another Property under "B" survey was purchased by (1, 2 & 6). a tenanted land. No 1- sold his share from Property "A" to No. 2, 3 and 4. And whereas No 1 sold his share of property "B" his 1/3rd share exclusively to person No.4. In the agreement it is clearly mentioned that No.1 received total amount being the full and final settlement of his share in survey no "B". And whereas he received part payment at the time of agreement for sale for survey no "A" from No 2, 3 and 4 person. This agreement for sale was executed before notary and it was mentioned in the agreement that the possession is given and that the Person No.1 will come to sign any documents pertaining to the development purpose. Based on this in order to escape open space due to lot of court settlement area lost to the tenant. Therefor area was partitioned with meets and bounds. Both the survey no were partitioned. Including the development of roads was done by No.4 , all expenses for development etc, was borne by no. 4 even partitioning of the property "A" n "B", the original partition deed of A n B is wid No. 4. I was paying him on behalf of me and 2 and 3. No 5 was given his share. We made payment by cash and by bearer cheque , amounting to 50 percent of the total amount and the balance 50% amount was paid upon his signature on sale deed executed , out of 4 sale deeds. So into saledeeds his other 50% was paid. making it amount cash received 50% and amount received vide sale deed. Once he got his amount, he executed a power of Attorney in the name of Person No. 4 only for the his share in plot B. The two notarised copies of the power of attorney was given to person No. 4 . The original was retained by person No. 1 . We have agreement for sale, we have receipt on revenue stamp with his signature, 50% amount received by him, The person No. 1 dies leaving few more plots on his name. After all the account was taken by the heirs of No. 1 and after giving all the documents wid them in the year 2001 , that the agreement for sale, the receipts, the power of attorney is forged. Although power of attorney and agreement for sale are notaried and receipts are signed by him on the revenue stamp in the year 2000-2001. When they came to know that there was another few plots left on person No. 1 , The heirs of No 1 started dodging saying that they will transfer when they (heirs meet alltogether)and finally one of the heir told me to leave(give them) the remaining plots to them, if not then I will file a suit. ulitimately the heir told me in 2007 that he is filing a suit. To that I agreed and in 2008 they filed a suit giving reason that in 2007 jus before filing the suit they saw that one house is built and the entries in form 1 and x1v is of diffrnt person. Entries on from 1 and xiv is already in the year 2001 and the other entries and two houses are built before 2007 having housetax and electric connection. After this they tried to sell the remaining plots which were on No. 1's name by deed of partition. Which was executed because of development. What is my stand in this case.. as they r saying that every thing is forged. Please suggest what i have to do, and wher i stand..

Rathan Singh   27 February 2011 at 12:34

Lispendency

Hello All,

I have a typical problem. The itigation is on muslim property. 'A' died leaving behind his only two sons 'B' and 'C'. 'A' filed a partition suit in the year 1979 during the pendency of the suit 'B' sold away all the property and there is no property left over. All the property has been sold by 'B' and the subsequently the purchaseres sold the property to some others.The third parties approached High Court and obtained a direction that the third parties can join the partition suit as parties and High Court has directed that they can join the suit and the decree is binding to them. High Court also dierected the thied parties will get equities only in the share of the 'B'.

Surprisingly 'B' has sold all his property and there is no proprty left over to 'B' which can be alloted to thirdparties. Now can some one suggest me any citations which can protect 'A' from the third parties. It was earlier a agriculture land now the agricuture land is converted in to layout and there is no open space left. Third parties have made constructions in teh said lands.

Appreciate if any one can provide me latest full bench judgements or any citation if any that third parties are hit by lispendency and they can not be entitled for quities.

Please help me by providing any good citations.

Regards,

Rathan Singh