Anonymous
13 January 2011 at 21:47
this case was presented before the bench comprising J A.K. Ganguly and J ibrahim.kindly tell me the name and citation of this case..
parveen jain
13 January 2011 at 10:33
Sir Please solve my problem. I am a professional. My facts are:
I have inherited one pucca house measuring 190 sq. yard and situated in lal dora urbanized village Azadpur. There were 7-8 tenants inducted by my father and subsequently my elder brother inducted another tenant in 1980 with my consent and my elder brother was my attorney without power of sale. In 1985 that tenant got a agreement to sale, will, a cash receipt registered before sub registrar Delhi in the name of wife and daughter of the tenant without my knowledge. The cash receipt did not mention any subject. The amount specified in the agreement to sale was not paid in full. My brother then served the notice to the tenant on behalf of my self as attorney and himself in the year of 2000 under DRC act asking to pay the rent.The tenant did not reply and after 30 days my elder brother has file a suit for eviction on the ground of 14(a) and J which is pending for disposal.Mean while the tenant has got the whole house evicted from other tenants and got the house restructured. His main defence in eviction petition is that I have purchased the house and admitted that i got the other tenants evicted after paying the amount, also admitted that i got the house restructured.
Lastly the Honble Rent Controller has denied the right under 15 (1) & (2) and deferred the order on my application citing the reasons of alleged purchase of the house and denial of land lord tenant relationship by defendents.
Worth mentioning here that i have not sold off my share of this joint property nor given any no objection for the same.
In delhi if the land is in lal dora then there is no paper of the ownership of the house or land. It is only by possession.
1.Now my concern is what should i do for the rest of portion of the house which was got evicted from other tenants and is in possession of tenant against whom a eviction petition is pending.
2. Issue of ontensible owner.
3. issue of adverse possession.
Please advise me the appropriate line of legal action to safe guard my rights against the defendants.
Satheesh Nair
13 January 2011 at 00:12
We are Pvt Ltd company having Automotive gasket manufacturing units in Chennai and Uttaranchal.
Uttaranchal is coming under section 80IC and MAT is applicable.
We have a common Balance sheet for Chennai and Uttaranchal. Is it possible to calculate MAT and compare with the Income tax paid already paid on the common balance sheet figures, and if the MAT figure is less than the Income tax payable then we need not pay MAT ??
If the MAT figure is more than the Income tax paid figure in the common balance sheet figure, then is it correct to arrive at the MAT payable by deducting from the Income tax already paid which was tabulated including the Chennai account ?
Or should we have seperate balance sheet for Chennai and Uttaranchal and income tax payable as per Chennai account to be paid and MAT figure as per Uttaranchal account need to be paid ?
Then after 5 years of 100% exemption we need to avail MAT credit when Uttaranchal need to pay Income tax on the 70% profit from the 6th year onwards ?
I would appreciate to have detailed reply at the earliest to my query with relevant IT act and rules / section.
Auditors are having different opinions and hence we are not guided properly. So your urgent advise is very much appreciated.
Some experts advise to convert our Uttaranchal unit as LLP ( limited liability Partnership) to avoid MAT !! We started commercial operations from 01-04-2008. If we register now for LLP can we get retrospective benefit ? In this case should we pay MAT for 2008-09, 2009-10 and 2010 - 11 till date ? If we need to pay MAT for the above period with interest then whether we get any relief if we convert our unit of Uttaranchal to LLP ? our initial 5 year tax exemption period is up to 31-03-2013. Please advise your valuable opinion on this LLP suggession at this stage ?
Satheesh Nair
13 January 2011 at 00:10
We are Pvt Ltd company having Automotive gasket manufacturing units in Chennai and Uttaranchal.
Uttaranchal is coming under section 80IC and MAT is applicable.
We have a common Balance sheet for Chennai and Uttaranchal. Is it possible to calculate MAT and compare with the Income tax paid already paid on the common balance sheet figures, and if the MAT figure is less than the Income tax payable then we need not pay MAT ??
If the MAT figure is more than the Income tax paid figure in the common balance sheet figure, then is it correct to arrive at the MAT payable by deducting from the Income tax already paid which was tabulated including the Chennai account ?
Or should we have seperate balance sheet for Chennai and Uttaranchal and income tax payable as per Chennai account to be paid and MAT figure as per Uttaranchal account need to be paid ?
Then after 5 years of 100% exemption we need to avail MAT credit when Uttaranchal need to pay Income tax on the 70% profit from the 6th year onwards ?
I would appreciate to have detailed reply at the earliest to my query with relevant IT act and rules / section.
Auditors are having different opinions and hence we are not guided properly. So your urgent advise is very much appreciated.
Some experts advise to convert our Uttaranchal unit as LLP ( limited liability Partnership) to avoid MAT !! We started commercial operations from 01-04-2008. If we register now for LLP can we get retrospective benefit ? In this case should we pay MAT for 2008-09, 2009-10 and 2010 - 11 till date ? If we need to pay MAT for the above period with interest then whether we get any relief if we convert our unit of Uttaranchal to LLP ? our initial 5 year tax exemption period is up to 31-03-2013. Please advise your valuable opinion on this LLP suggession at this stage ?
vinod bansal
12 January 2011 at 18:15
R/Experts
I am in urgent need of this judgment.
Kindly provide me judgment of Orrissa Highcourt 1999 1 CCR 652 Narasingha gopal vs State of Orrissa .Thanks in advance
Smita Katake
12 January 2011 at 12:55
Dear All,
In our case one Mr.X from Korea( Foreign Resident)wishes to establish a company in India,main activity of the company is Retail trading of Garments and clothes, textiles.
Please explain whether the above activity is covered under automatic route as per FDI policy or will require FIPB approval.
Please also define what is wholesale/cash & carry trading ?
Thanks and Regards,
Smita
valentine thakkar
12 January 2011 at 12:38
NCDs purchased in 2003. Co. got the order from Bombay HC for Scheme of Arrangement under Cos. Act. The holder of the NCD contents that he was not covered by the scheme because he had sent Demand Note prior to Co. going into litigation. Trustees holding the money as custodians and no further agreement singed for extension although the Co. had come up with a request for renewal as facing financial crunch at that time. Consent form not signed. The holder moved Dist. Consumer Forum which passed order fixing liability but directed to contact the Special Committee which was non-existent. The holder preferred appeal in State Commission. Case pending since one year. Please advise whether the holder would succeed or not.Or should he go to National Commission in case of defeat?
Anonymous
12 January 2011 at 11:37
how to obtain service record of a third person who served central govt. Can we get from under RTI ? or whats the way out
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