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Co. op. hsg. society tax issue on commercial and residential premises.

(Querist) 11 February 2013 This query is : Resolved 
Dear and respected Members,

I am residing in a co. op. Hsg. society and also operating my office from there. Being an advocate i can carry my practice or business from the said residential premises and i am exempted from the tax on commercial premises and i am entitled for the tax only on residential rat.
There are judgments on this fact that advocates can practice from the residence and that is not fall under the commercial premises and regarding advocate's exemption from the commercial tax payment.
some body has informed me that there is a judgment of Justice Lakotia of Supreme court of India on this issue.

Please help me with the judgment or citation if any on this line. As i have got tax notice on commercial premises wherein it a residential premises and i m residing there and i have all the relevant proofs to show that.

Please help me with the judgment if you aware of it or any relevant information.

Thanks and regards.

Adv. Soniya.
ajay sethi (Expert) 11 February 2013
search in indian kanoon website
R.K Nanda (Expert) 11 February 2013
search legal web sites.
Raj Kumar Makkad (Expert) 12 February 2013
You have every right to get residential tax instead of commercial so make representation to the relevant authorities including an appeal to the collector within 30 days of receipt of such notice. There is no requirement of judgments at this initial stage.


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