Anonymous
01 August 2010 at 20:01
A is in the service with a Private Limited Company, over the past 15 years. The Company's higher up issued a letter stating that A hs acquired wealth/property which is disproportionate to your income considering the A's Cost to Company of Rs. 10 lacs per annum.
Considering the fact that you are full time employee of the organization are required to devote full time and energy in rendering services to the Company, your ct of amassing huge property and the disproportionate amounts rises serious doubts about your integrity and need proper explanation.
Moreover, there are serious allegations aginst you that you hve amassed this wealth through illegal / improper means by cheating the Company fraudulent manner.
Under the circumstances, we would advise you to submit the following:
1) Copy of the Income Tax returns / Form 16 for the 6 years and explanation in writing as to what re sources of income through which you have acquired this disproportionate property / wealth.
2) Pass books of all your bank Accounts showing entries for the last 3 years for our verification.
Sd/-
The question is to all experts, with a request to answer the following queries.
1. Whether the employer can contemplate to initiate legal proceedings, on the surmises under Criminal/Civil/Service laws?
2. Is it not proper for the employer to specify based on which he has come to the conclusion of cheating, fraudulent, illegal / improper manner possessing amassing wealth and property?
3. How can he the employer demand A's documents to use against 'A'?
As far as A is concerned he is honest, hard working. A is at painful stage inspite of his honesty the employer is now questioning his integrity/loyalty towards the organiztion. The allegations are far from reality. With regards to the allegations A is in a stout position deny.
4. Can A put the employer to the strict proof to the above contents?
5. What is the legal position and its remedy?
Experts answers are eagerly solicited.
vinod bansal
01 August 2010 at 12:23
R/Experts
Kindly send me citation of Punjab & Haryana Highcourt in Which Highcourt directed All Sessions judges in Haryana to pass interim order directing the police to protect the life of runaway couples.This order was passed as per best of my memory 3 or 4 month ago.Kindly reply soon as i going to file such a petition for issuance of direction for protection on monday i.e. 02/08/2010.
Vinod Bansal Advocate Jind
Baskaran Kanakasabai
01 August 2010 at 12:07
Dr. Adish C. Aggarwala,* Senior Advocate
President, International Council of Jurists (www.internationaljurists.org)
Chairman, All India Bar Association (www.allindiabar.org)
Chairman, India Legal Information Institute (www.indlii.org)
Senior Additional Advocate General of Govt. of Haryana
Additional Advocate General of Govt. of Punjab
has replied that he has received my communication regarding the presentation titled" The Flaw in the Law" and that he will respond in due course. His reply is received with due thanks.
vivek
30 July 2010 at 18:42
Stock transfer from one state to another st
Need clarification regarding excise duty amount & vat
(1)We are having our manufacturing unit in AP and transfer the finished goods from AP to Chennai under Stock transfer invoice with basic(99)+excise duty (10.3%)=total (109.19).
(2)we are billing from chennai to our local customer with basic(inclusive of ED)ie Rs.109.19 + vat @4%=Rs.113.56.
(3) Whether the basic price can be changed from chennai billing ?
(4) we are doing only vat billing from chennai.
vivek
30 July 2010 at 18:24
Query regarding FDI through NRE Bank A/c.
Dear Experts,
Query regarding FDI through NRE Bank A/c.
A is a Non Resident Indian, currently residing in Germany.
A proposes to subscribe for Equity Shares in Indian Company, registered office in Chennai.
A has NRE bank a/c wth HDFC Bank in Mumbai.
A proposes to transfer funds from NRE bank a/c to the company's bank account towards subscription of equity shares.
Query
1. Whether funds from NRE bank a/c of NRI shall be treated as Foreign Direct Investment ?
Ans : ...............................
2. If so, whether the company (upon receipt of Subscription amount) is required to file the necessary forms through Authorised Dealer I Category Bank
to RBI for the purpose of 30 days reporting (along with KYC) and also Form FC-GPR (on allotment of shares to NRI) ?
Ans : ...............................
3. Any other compliances to be done by the company on receipt of funds from NRE bank account of NRI.
Ans : ...............................
4. Whether the Chennai Bank shall treat the funds received through NRE A/c HDFC Bank, Mumbai as Foreign Inward Remittance and issue Foreign Inward Remittance Certificate ?
Ans : ...............................
I shall request the Experts to share their experiences on the said queries.
Thanks for all concerned.
vivek
30 July 2010 at 18:22
Loan pre-payment
I have 2 land loans of same tenure
1) 12 lakhs at 12% p.a.
2) 11.5 lakhs at 10.25% p.a
I have about 6 lakh rupees and I am thinking of pre-paying the loan. Please advise me in what manner should I pre-pay? Should I pre-pay 3 lakhs each for both the loans or should I pre-pay the entire 6 lakhs on the loan that is on 12%.
Please advise....
One more thing. Is it advisable to take us an OD ( overdraft facility of bank at 12%) to pre-pay this loan. The logic is that in OD, we have to pay only the interest; while in land loans thru EMIs a majore portion of EMI gets serviced in paying the interest.....
vivek
30 July 2010 at 18:19
please can any one send me about C.P.T Re-Registration and it's application form. it is very urgent my friend is waiting for this.....
Anonymous
27 July 2010 at 21:13
Kindly suggest me that if a dealer permitted tax under BIHAR VAT act 15 as compounding @ 0.5% of sales up to 40 lakhs in the financial year 2009-10 if he has holding stock on 31.03.10 Rs 350000/- and he purchased the goods @ 12.5 paid tax on the purchase during above financial year he will file the return on regular basis Is he claim the the ITC on Opening stock for this quarter.
Kidly suggest me . and give me your mobile no for more details.
chirag
27 July 2010 at 05:37
I booked a flat in the month of January 01 2010 with an upfront payment of 65000/- which is utilised in stamp duty and registration. Value of the flat being 15 Lacs which includes everything. I have paid the builder 2,20,000/- in total however due some inconvience am not able to get a loan from any bank, I have requested the builder to cancel the agreement and has agreed to pay me back the amount, i.e 2,20,000/- minus the 51,500/- stamp duty,I just want to confirm that as per the new amendment chapter 5 of bombay stamp act 1958 (section 48,1) now the law states that refund for stamp duty can be requested upto 2 years instead of six months which was the earlier clause and is effective since Nov 2009. I want to get the refund of all the funds however I reliase that on the 7 July 2010 I have exceeded the six month period. PLEASE HELP ASAP as it leaves me confused based on the facts avails on gov websites stated by the chief controlling revenue authority. Also attached is a screenshot from DNA news paper stating about the new amendment.
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non issual of work order by Municipality
Kindly give expert advice to my legal problem:
Though Munipality had issued water connection sanction way back in 2005 I am not issued the work order and water connection is not given to my building. I had filed a Writ before high court of Madras to issue directions to issue work order . Orally the Public pleader representing Municipality says orlly to the judge that I do not have proper sanction and hence water connection is not given.Iconstructed first floor in 1996. I applied for a residential plan but soon after construction been using the building for commercial purposes. I sent a letter to municipality stating that the building is used for commercial purposes and to assess the building at commercial rates. I have paid tax uptodate .Municipality has not questioned the usage all these years for commercial purposes.In 1999 I applied for further building plan first for residential purposes but later due to site exegencies submitted a modified plan showing correct usage of building in Feb 2000n showing modifications proposed. Municipality did not dispose off the modification request though they acknowledged receipt of the building plan request. After waiting for statutory 15 days time I issued a notice again I am using the building for commercial purposes aand going ahead to complete the building as per modifications.( the said modification request is not disposed off by Municipality) After completing the building Municipality issued a demolition notice which was dismissed in 2005 indcated under the Municipalities Act and sent a notice to Muncipality that in view of the modificaition plan request is not disposed off I am procceding to complete the building as per the modified paln submitted to Municipality. The said modification request is not disposed off till date.
In the mean time Municipality instigated CMDA ( Chennai Metropolian Developmentauthority) to issue a demolition notice I filed a writ and I obtained "Status quo" order and it is still in force.The point of put forth by me in the Writ was deemed sanction in view of non disposl of the modified plan submitted to Municipality within mandatory period. Since the matter is coming for hearing shortly within 4 days , indicate the judgements that could be quoted and the line of arguements to me made by the advocate to get favourable orders for issual of work order to get water supply.
Sent to : Admin on 31 July 2010