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anil a ghaisas   03 December 2016 at 20:15

Collection of service tax thru maintenance bill ?

Sir,

Lawers Club Of India,
Sir,
I am member of this club. As per my knowledge the Co.Op. Chs is not supposed to collect Service Tax from members thru Maintenances Bill..

Buylawas does not provide this recovery and therefore it is illegal to revover this tax from members every month.

In our society secretary is planning to recover this tax thru maintenance bill .

In view of the above I wanted to have your opinion on the Issue of SERVICE Tax collection. kindly let me know , whether it is legal to make such recovery from members every month.
Regards
A.A GHAiSAS
4th December, 16

Anupam   03 December 2016 at 19:43

Regarding operating salon in mumbai

Dear Sir/Madam,
I am looking at an individual row house in which to start a salon in a Mumbai suburb.
The owner is agreeing to helping with procuring shop and establishment and health licences from the Municipal Corporation of Mumbai.
However, he is not agreeing to do a change of user from residential to commercial property type.

Moreover, he says that if the salon is on a 30 foot wide road, has an independent entrance, a change of user to commercial is not needed to operate a salon.

Please advise if the shop and establishment, and health licenses will be sufficient to legally operate a salon business. That is, it is legally acceptable and a change of user to commercial property is not necessary in this case if the said licenses are procured.

Regards,
Anupam

Jignesh   26 November 2016 at 11:51

Dissolve a partnership firm officially as per a pre-agreement

We have a partnership firm which is having a registered partnership deed since 1982. The partnership deed simply metions that profit/losses will be shared equally between the partners and partnership is at will. My father who is a partner in the firm with my uncle is now old and week and unable to work due to his health issues. Due to this, My father submitted his reignation from partnership to my uncle last month. Following that an agreement was signed between my uncle and my father on a RS 100 stamp paper with a witness (but it was not notarized). The agreement mentioned that "Mr. X (My father) due to his health related issues has expressed his desire to retire from the partnership firm on 1 st Oct 2016 and both the partners have agreed to dissolve the partnership on 31st October 2016". Also another point in the agreement was mentioned that
A) "After dissolution of firm the property of the firm which is registered in firms name now will be divided between the two partners as per the map attached with the agreement"
B) The loans of the firm will be divided equally between both partners.
And The agreement was signed by both partners.
Now my query is:
1) Now my father is on bed due to his bad health and I have asked my uncle to come to sub-registrar office(Tehsildar) and I will take my father with me so that as per agreement we sign a dissolution deed there and dissolve the firm and divide its property as per the agreement. But my uncle is refusing me to accompany us and sign the dissolution deed in the registrar office. How can I dissolve the firm now as per the agreement? Because I guess based on agreement only sub registrar will not transfer the property of the firm in my fathers name, they need a registered deed.
2) Since this is a two partner firm and in the agreement it was mentioned that both partners have agreed to dissolve the firm from 31st october 2016 so if i am not wrong the partnership as well as the partnership firm is also dissolved by that agreement. My uncle says that he will also not work as properieter after the firm is dissolved but is continously doing the manufacturing operations in the firm after 31st October and also taking goods from suppliers in firms name. What should I do to evacuate my father officialy from this partnership firm and also get the part of the property agreed in the agreement? I am also ready to pay the loans and liabilities of the firm.

Rizwan Husain   25 November 2016 at 09:29

Partnership firm having profit will be taken over by pvt ltd company having loss

Back Ground :

Family managed partnership firm and pvt ltd company having different business segments.

partnership firm paying income tax since it has positive income

where as pvt company having huge carry forward loss

Issues :

how to plan such a way that the loss in pvt ltd company may be utilized in partnership firm since it run by one family only

PJ   21 November 2016 at 15:58

Educational consultancy services

Dear Sir,

We three friends want to open an educational consultancy service in Siliguri , West Bengal as a partnership firm. Can you please help me in how to get registration & what all will be the process & where we have to Register.

Also please guide to we need any kind of affiliation done from any government departments.

Regards

Radhakrishnan K.V.   18 November 2016 at 00:45

Section 3 of br act 1949

Section 3 of BR Act is as follows:-
"Nothing in this Act shall apply to-
(a) a PACS;
(b) a PCARDB; and
(c) any other society, except in the manner and to the extent specified in Part V of the Act"
I would like to know whether the clause "except in the manner and to the extent specified in Part V of the Act"s applicable to "any other society" only or is it applicable to PACS and PCARDB as well, if the semi column and coma are taken into account?

Member (Account Deleted)   17 November 2016 at 15:57

Remuneration payable to ned

XYZ Ltd. desires to pay salary to its part-time directors.Is it permissible as per provisions of the Companies Act,2013?

Section 197 (6) of the Companies Act, 2013 which states that a
director or manager may be paid remuneration either by way of a monthly payment or at a specified percentage of the net profits of the company or partly by one way and partly by the other.

Remuneration includes any money or its equivalent given to any person for services rendered by him and includes perquisites as defined under the I.T. Act,1961.

If they are paid salaries,will they not become employees of the Company?

Keshav kamra   09 November 2016 at 09:31

Loan settlement

I bought a commercial no car on loan from mahindra and mahindra in 2015 for call centre purposes. Now the contract is broken and i have no other source of income. I want to settle that loan with the bank and also want the car to be taken by the bank for recovery of loan..kindly suggest procedure.

Suhandh Rengaraj   06 November 2016 at 19:42

Partner retirment

I'M RUNNING A BUSINESS WITH FOUR PARTNERS,NOW THREE OF THEM WANT TO GO OUT FROM THE FIRM.WHAT IS THE PROCEDURE TO REMOVE THEM. PARTNERSHIP DEED IS NOT REGISTERED IN ANY REGISTERED OFFICE.

chetan   31 October 2016 at 22:27

help

drunk and drive 101% car impounded n the challanslip lost i dont know anything please help me...