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Anonymous   02 November 2009 at 11:26

Service Tax or VAT

Your opinion is required on the following issues:-
1. Test Series offered online - (Purchases made online directly from X Ltd.either through credit card or sending dd/chq to X Ltd) - We consider the entire thing as service as the test taking software "ASPIRE" is available for free download alternatively students can instead of using this software directly take test online on the website- we are charging for service provided for assessing them and providing them with results and analytics - We clearly define this as service and charge service tax accordingly - free cd of Aspire if sent again shows that we are not charging for any product but its a platform for providing services and has "zero" license cost.


2. CD based courses ( both online series and offline packaged series) sold through vendors - clearly can be defined as a product in which services are packaged and we will charge accordingly the entire thing as a product and pay VAT @ 12%


3. Offline packaged series sold though X Ltd. website or directly by X Ltd.- To be treated in a similar way as 2 above i.e as packaged product and VAT to be charged @12%
Pls give your opinion if above is correct , and if yes what documentation should be prepared for reflecting and clarifying above policy and accounting process.

yogesh   02 November 2009 at 11:09

Deatails of judgments on the following citations


Please help me in providing the datils of the following citations
AIR 1993(2)PLJR 40
AIR 1993 Lab IC 2578 (Karnataka High Court)

Regards

Anonymous   02 November 2009 at 11:08

Frivolous or Malicious litigation

Dear Sir,

We are a small firm providing consulting services based at Mumbai. I landed up in a dispute with one of our customers when she wanted to terminate the contract with us (as she got a cheaper alternative) in the midway of the services being imparted and wanted the advance money back. The customer filed a police complaint against me based on baseless allegation to make it look like a case of cheating (Prima-Facie). An FIR was registered under section 420 leading to my arrest in 2006. I got bail soon. The charge sheet has also been filed.

Presently the case is under trial in Metropolitan Magistrate Court for more than two years. My problem is that the complainant is not coming on the dates despite summon being served and serviced. As the allegations against me are baseless, she cannot prove the same in the court and that’s why she is not coming. I have been regularly going to the court on all dates hoping that she may come. I just get a new and long date every time, that’s all.

1. I was advised by an advocate to file an application under section 256(1) of the Code of Criminal Procedure. Does it apply cases under section 420?
2. I want to know that whether there is any provision in the law against such frivolous or malicious litigations?
3. Is there a way that can bring this complainant to the court?
4. Whether there is any possibility to get discharge from this case keeping in view that the charge-sheet has been filed?
5. Can you please advise me with a practical solution/ roadmap for a faster relief and justice?


Request: Kindly treat this as confidential.

Anonymous   02 November 2009 at 10:58

Eviction of tenant

I am had a problem with my tenant who threatened me and abused my daughter over parking space. I asked him to vacate but refused. My daughter filed a police complaint and he was booked under Harassment of Women act and remanded and now on bail. He and his wife and kid are staying elsewhere but have not handed over the keys and their furniture is inside. He has not paid any rent for 5 mths and his deposit money is exhausted. His wife a doctor has filed a complaint to the SC- ST comission and humn rights commission against myself and my daughter for which inquiry is in progress.
How do i evict this tenant and get back my property? How long will it take?

Anonymous   01 November 2009 at 23:16

succession

Hello. my problem is very simple-
My grand father died with 2 sons and 1 daughter(who is my mother). Can my mother claim for a share in property?
She was married in 1987.

Anonymous   01 November 2009 at 22:31

Regarding Eviction order

Sir, My father is a tenant of a shop since 1961 from owner of a shop. and owner of shop is the tenant of such land. he taken this land on lease for a period of 999 years from the land owner in the year 1960. I have purchased such land from the land owner in the year 2003. Now I am the owner of land and my father is the tenant of such shop. it means my father is in possession of such shop. so please anyone can told me that how I will obtain a eviction decree against the owner of shop. please advice me and give me any citation if any. sunildatta akole, Bhusawal.

P.C. Joshi   01 November 2009 at 20:30

Inspection under ESI

Dear friends,


Is inspection under ESI Regulations is mandatory or the ESIC conducts it own its own sweat will.

We have last inspection under ESI done upto March 2004, after that no one has approached us from ESIC. should we contact them or wait for them to do inspection their own.

What are the main isues where there may arise additional liability.

Pls provide your inputs.

Regards

P.C. Joshi

Anonymous   01 November 2009 at 20:21

Dues and Notice pay.

Dear Hon. Experts,
Mr.X resigns from a Public Ltd company intimating it thru an email on 19th Sept 09.He also marks a copy to his HR head.The company acknowledgs the same, but not in writing.Mr X Joins a new company on 22nd of Sept. 09.Pl advise on follow:
1)Is mr X liable to pay one month salary/ or one month notice period before leaving?
2)His 21 days salary for Sept is already there with the company, hence as per work contract one month basic salary can be adjusted from these?
3)Is Mr X entitled for his Sept. 09 balance salary,Previleage leave encashments, Diwali Bonus,PF and Gratuity (for five and half years work tenure)?
4)Out of grievances the previous employer gives a public notice for mr X eight days afer his resignation, that he has been terminated from the service for fraud. Now if mr x is terminated as per the notice will he be liable for one month notice pay?
5)How can mr X claim for the dues.How can labour law solve these queries?
Please advise.
Part Two:
Dear Experts,
Thanks for for 1st hand information.Furter please note that mr. X had worked in the company for 5 and half years, where he was never given a single memo for anything related to work, sales performance, Account's & recovery, etc. Things popped up only after the resignation. The company's malafied intentions came on surface and they published a notice in the newspaper against mr. X defaming him of fraud, cheating misappropriation etc.Out of sheer vengience,their intention was to keep mr X away from he joining the new company.Where as Mr X Joined the new company two days after his resign.If at all his resignation was not accepted they should have sent letter of intimation to his permanent address?.Hence, it is a clear cut matter of harrasment?

bindhu   01 November 2009 at 20:14

property will

am hindu male
my mother made will in my name
now that immoveabe property is in mothers name
my mother is no more
now i want to make a will in my sons name
my question is
i have not transwered that property in my name so far, can i make a will without transwering that property in my name

bindhu   01 November 2009 at 20:11

property will

am hindu male
my mother made will in my name
now that immoveabe property is in mothers name
my mother is no more
now i want to make a will in my sons name
my question is
i have not transwered that property in my name so far, can i make a will without transwering that property in my name