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Carrying on professional activities from residential premises

(Querist) 10 March 2008 This query is : Resolved 
Whether a C.A. using computers can carry out his professional activities from residential premises. Whether BMC or Electric utility can levy commercial taxes and whether society can object to such user. I belief that there is supreme Court judgement on this point that professional carrying out professional activities from residence is not commercial activities. Give citation of the s.c. judgement.
P.V.Poornima (Expert) 14 March 2008
The issue is pending before a larger bench of the Supreme Court of India. Read the judgment in Rameshwar Prasad and Others versus Union of India and Another reported in the following journals.

2005 (6) SCJ 721
2005 (7) SCC 283
2005 (6) Scale 723
2005 (7) JT 551
2005 (5) Supreme 829
Arunkumar Mehta (Querist) 15 March 2008
Thanks for citations
Prakash Yedhula (Expert) 17 March 2008
This question is resolved
Arunkumar Mehta (Querist) 18 March 2008
According to one lawyer issue is pending before larger bench of Supreme Court while another lawyer says this question is alredy resolved. If it is resolved then what is pending before larger bench of supreme court.Please clarify.
Manish Singh (Expert) 19 March 2008
Mr. Yedhulaprakash didnt mean to say that the issue has been resolved by the S.C..
He just wanted to say that your query has been resolved.
Arunkumar Mehta (Querist) 25 March 2008
The question is answered but not resolved.Therefore to say that query has been resolved is not correct.The query will get it finality when querist gets proper answer that it is either commercial or residential.
Manish Singh (Expert) 02 April 2008
Dear Mr. Mehta,

The issue is still pending before the S.C. for giving due consideration over the issue, so it will be decided by the court and we can not give any opinion regarding the same.


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