leena Bagadia
15 February 2011 at 18:13
My query is: why nursing homes are considered in the category of industry and charged electricity, water etc. at those rates?
Government considers medical establishments as hospitals established by government or trusts.
But majority of medical service is given by small establishments owned by single doctor. These are consulting rooms, small nursing homes (10 to 30 beds ), laboratories, diagnostic services.
Small individual setups are not given proper thought.
1. They are owned and managed by a single doctor.
2. This doctor works for 24 hours.
3. The trained staff (nurses, OT assistants, x-ray assistant ) is not available. He trains local persons of 9th,10th, standard. These people vanish suddenly. Doctor has to train new people again. This story repeats again and again.
4. So the doctor has to work single handed and take all stress, risks and blames.
5. He works without any financial security, retirement benefits and security.
6. More than 90% of medical service is given by these small set ups.
7. There is no clear reference about category of these small setups-residential/public/commercial/industrial/agriculture. These small setups are allowed in residential areas. But they are charged as commercial setups.
So he has to purchase infra structure at commercial cost, raise loan at commercial rates and pay taxes and services (water, electricity) commercially. This significantly increases their infrastructural and maintenance cost.
This increases and jeopardizes the cost of the medical setup and cost to patient.
8. Bigger hospitals are categorized as public setups. Bigger hospitals are benefited by low cost land, subsidy, tax benefits, associated nursing colleges/medical colleges etc.
THESE SMALL SETUPS SHOULD BE CONSIDERED AS RESIDENTIAL UNITS.
Srivatsa Iyengar
15 February 2011 at 17:40
I want an citation Paradigm Infoways Pvt Ltd V/S Rajesh Kumar Khatri 2003(4)CLD573(Del)
gajendra soni
15 February 2011 at 14:57
yadee highcourt ke judge me purvagrah (prejudice ) ke bhav nagar aa rahe ho to kaya karna vhahiye.
Rajat sahotra
15 February 2011 at 10:50
How can we take a stay/injunction on the attached order of entry tax?
This as anomaly in rate of central excise duty on bulk drugs and formulations, the Pharma industry as whole in the country, is at disadvantage. In excise free zones, the 8% excise duty (charged on bulk drugs is being added to the cost of the finished products: if it becomes 4%(as on the finished products) then the cost of the finished products will be reduced.
Seniors plz help own this issue as i need to take an injunction against the attached notification, how should i go about it?
Anonymous
15 February 2011 at 10:00
My dad's mother's great grand mother purchased a property in 1901 in Kerala and died intestate. I would like to know how the property would be divided and who the legal heirs will be. As far as I know, the great grand mother had 4 children(all are dead), 2 of whom died issueless,one had a son and the other had 2 daughters. The son also died and now only his grand son is alive. The 2 daughters are still alive and out of them 1 has a son and the other has 5 children. These people also have children. How will the property be divided and who are the correct legal heirs. Please advise.
Anonymous
15 February 2011 at 09:59
My dad's mother's great grand mother purchased a property in 1901 in Kerala and died intestate. I would like to know how the property would be divided and who the legal heirs will be. As far as I know, the great grand mother had 4 children(all are dead), 2 of whom died issueless,one had a son and the other had 2 daughters. The son also died and now only his grand son is alive. The 2 children are still alive and out of them 1 has a son and the other has 5 children. These people also have children. How will the property be divided and who are the correct legal heirs. Please advise.
Anonymous
14 February 2011 at 20:12
SIR
I AM DOING ONLY LABOUR JOB WORK FOR GARMENT INDUSTRY.
TOTAL RAW MATRIAL SUPLY BY MANUFACTURER FOR MAKING OF SHIRTS.
JUST LIKE:- CLOTH, COLLAR, BUTTON, THREADS. ETCÂ
MY MAKING OF SHIRTS BILL (STITCHING CHARGE)
IS OVER FIFTEEN LAC.(1500000)
IN THIS CASE IS MY COMPANY APPLICABLE FOR SERVICE TAX?
Anonymous
14 February 2011 at 19:29
Dear Experts please give your opinion as to what is the intention of Parliament behind this Section for conducting census of firearms?
Arms Act 1959, Section 42. Power of take census of firearms
(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.
(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.
I have tried to think and find logical/reasonable reasons for the "need" for census of firearms, in my opinion there seem to be either of the two reasons, otherwise there does not seem to be any logical/reasonable reason for this section:
1) Parliament did not want the Licensing Authorities to maintain records of number of licenses issued for security of license holders. For example: In event of War if enemy forces enter the Indian territory, they will not be able to get to know details from records seized from the office of Licensing Authority about arms license holders in an area. In World War 2 it was a common practice for invading armies in Europe to first get hold of arms licensing registers, thereby getting name, address etc. of license holders and disarm them quickly.
2)Since the Right to Keep and Bear Arms is a fundamental right under Articles 19 and 21, Parliament expected that citizens in exercise of their Fundamental Rights, might be keeping firearms without licenses. Hence the "need" for census of firearms.
Otherwise if all the citizens are expected to keep "licensed" firearms only or if records of arms licenses issued are to be maintained by licensing authorities, the question for census of firearms does not arise.
Anonymous
14 February 2011 at 17:45
Sir, i have been given a case to argue.
The citation is subbegowda vs Thimmegowda(2004)9 SCC 734.I am on the respondents side.
Acording to this case may i know what is a settlement deed,whether it can be revoked or not, and what arguments can i frame.
sir im attaching the case.
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harsness in retrospective amendment
Hello,
Assessee has disallowed deduction under section 80 P(2)(a)(iii) with retrospective effect. Accourding to constitution of india, Court may be considered the amendment to the excessively and unreasonability retrospective voilates the appelants fundamental right under artical 19 (1) (g) and artical 14. So please give me refral cases on this point.