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anshul sangal   19 April 2009 at 22:29

Colorable legislation

Sir can you define the doctrine of colorable legislation?

A Truthseeker   19 April 2009 at 22:26

selling person and intellect

selling ones body is looked down upon though it is in practice since time immemorial. but generally one sells body when in need of money. intellectuals are always ready to sell info and intellect whether or not he is in need. who is better?

AYYALASOMAYAJULA MURALI   19 April 2009 at 19:41

lost justice and wanted service benfits from the begening l

whether the bonded labor in any department of Government of India has counter for service from the date of appointment who recruited directed 1981 postal class 3 at Visakhaptanm RMS V division class3 quota and from employment exchange and suffered a lot
victimized for 8 years served as bonded labor in the Indian postal department as class 3 murali postal assistant Visakhpatnam 9290016534 email id : murali_viswanarh@rediffmail.com
requested every body,s help in this regard

sanjay batra   19 April 2009 at 19:12

WORKMAN TRF FROM SUBSIDIARY COMPANY TO PARENT COMPANY

Dear Sir

In case lot of workman (>100) need to be transferred from subsidiary company to Parent Company( both are commercial estbalishment not covered under factory act) what all formalities do we need to comply( no standing order is deposited at labour dept before by both companies) and in new appointment letter/ transfer letter what clause is to be written (the terms of employement/benefit remains the same) so that contnuity of benefit of service say in ESI/ Gratuity is not effected

Regards

Sanjay Batra
+9811230040

Apurva Kumar   19 April 2009 at 18:48

Date of Exm!

Hello!
One of my frnd ask me a vry peculier question that can he file a writ or ny such remedy as his date of CLAT-09 and IAS-09 is clashing on the same date ie.17th of may09 can he file for ny remedy at Delhi so that he may appear for both the exam if ny of date is extended or shifted as he resides there ny clue?
Regards!
Apurva Kr!

Ravi Mishra   19 April 2009 at 14:36

Rate of TDS under 'DTAA' with Dubai / UAE

India is having 'DTAA' agreement with UAE, Dubai.

1. In case a UAE / Dubai based NRI opens a NRO account with a Bank in India, at what rate 'TDS' is to be deducted on interest income earned?

2.Name of countries with whom India has "DTAA" agreement.

3. Rate of 'TDS' under 'DTAA' with these countries

VINAYAK MUNGI   19 April 2009 at 14:19

40A(3) IT ACT HAS A VIRUS

THE DISALLOWED AMOUNT IN 40A(3) GENERATES BLACK MONEY IF THE CASH HAS BEEN ENTERED IN THE BOOKS OF ACCOUNT OF THE PAYEE WHO IS IT ASSESSE
NO LAW IS THERE TO STATE THAT THE DISALLOWED AMOUNT SHOULD NOT BE ADDEDTO THE PROFITS OF THE FIRM/PARTNER/PROPRIETOR

IF A FIRM X HAS INCURED AN EXPENDITURE OF MORE THAN THE LIMIT SPECIFIED AT A UNDER 40A(3) OF ANY PERIOD AFTER THE ACT WAS ENACTED . THE EXPENDITURE IS INCURED FOR PURCHASE OFF RAW MATERIAL FOR PRODUCTION.
THE PAYMENT IS MADE TO A FIRM Y WHO IS AN INCOME TAX ASSESSEE. ENTERS THE CASH
IN HIS BOOKS OF ACCOUNT
THE ASSESING OFFICIER DIALLOWS THE EXPENDITURE AND ADD TO THE INCOME OF THE
FIRM AFTER PAYMENT OF THE ADDED INCOME TAX . ADDS THE PROFIT AFTER TAX TO THE
PARTNER/PROPRIEETOR
NOW THE PROFIT OF THE PARTNER/PROP
IS A BLACK MONEY BECAUSE FIRM Y HAS ENTERED THE MONEY IN THE BOOKS OF ACCOUNT
AND WHICH IS THE SOURCE THE A.O HAS GRANTED THE MONEY(IN THE FORM OF DIALLOWANCE)
IF FIRM Y HAD NOT ENTERED IN THE BOOKS OF ACCOUNT THEN THERE IS NO BLACK MONEY GENERATED
AS THE DISALLOWNCE IS MADE ONE SIDED
WITHOUT VERIFICATION ON THE OTHER SIDE THAT IS THE PAYEE .BLACK MONEY (THE MONEY NOT ENTERED IN BOOKS OF ACCOUNT)IS GENERATED
THE PURPOSE OF THE LAW IS TO BLOCK THE BLACK MONEY GENERATED HOWEVER THE WRONG IMPLEMENTATION CREATES THE BLACK MONEY HENCE THE VIRUS
THE GENERATION OF BLACK MONEY CAN BE BLOCKED IF THE IMPLEMENTATION OF DISSALLOWNCE UNDER 40A(3) IS GURANTEED IF AND AND ONLY IF THE A.O HAS THE PROOF FROM THE PAYEE
THE ABOVE SAID CAN BE IMPLEMENTED IF POINT NO 5 IN CBDT CICULAR 22O OF 1977 IS
MANDATERY TO THE ASSESSE IN CASE IF HE WANTS THE ALLOWANCE MADE BY THE A.O FOR THE EXPENTITURE HE HAS PAID IN CASH

VINAYAK MUNGI
meson_services@yahoo.com


VINAYAK MUNGI   19 April 2009 at 14:15

40A(3) IT ACT HAS A VIRUS

THE DISALLOWED AMOUNT IN 40A(3) GENERATES BLACK MONEY IF THE CASH HAS BEEN ENTERED IN THE BOOKS OF ACCOUNT OF THE PAYEE WHO IS IT ASSESSE
NO LAW IS THERE TO STATE THAT THE DISALLOWED AMOUNT SHOULD NOT BE ADDEDTO THE PROFITS OF THE FIRM/PARTNER/PROPRIETOR

VINAYAK MUNGI   19 April 2009 at 12:51

SLP AT SUPREME COURT

Time to file a slp in supreme court
w r t
1. notice for orders ready on H C notice board
2. after the reciept of order

imthiyaz   19 April 2009 at 12:46

Mohameddan law...

Dear All,

Please clarify, Any Mohameddan Law expert..


Grandmother was survived by only 2 daughters and the only son had predeceased her with 3 children one male and 2 females.


Whether Orphaned grandchildren are entitle for any share in their grandmother’s property?

As Per Mohameddan law, Orphaned grandchildren are not entitle for any share in their grandparents property as they cannot step into the shoes of their father and succeed in the inheritance as there father would have been if he was alive , According to Doctrine of representation of Mohameddan law, Only heirs alive at the time of the death of the parents will succeed in the inheritance those who predeceased, their heirs are excluded from Inheritance.

But ,There is some confusion when referred to Mullah's book,
In section 65 he says daughter as a sharer is entitle for only 1/3 rd share, As in our case only 2 daughters survived they will get--- 1/3 rd Share --1st daughter + 1/3 rd Share 2nd daughter and the remaining 1/3rd will be residue which will go to the Orphaned grandchildren thru the predeceased son, Is it right ?

Or Orphaned grandchildren are completely excluded from inheritance based on Doctrine of representation ?