Maya Arora
19 August 2008 at 14:12
One of the amendement made in Himachal Pradesh VAT. Where Section 11 as amended vide Amendment Act No.12 of 2007 published in H. P. Rajpatra Extn. On 16th May, 2007. According to STO's interpretation of the Act, we should claim input tax credit only with respect to such goods as have been sold by us during the tax period and the balance to be carried forward.
According to us, if you go through Section 11 as a whole, the interpretation is totally different. According to Sub-Sec. 1 of Sec. 11 –
The input tax credit may be claimed in respect of taxable sales made during the tax period by a purchasing dealer shall be –
(i) the amount of input tax paid or payable by such purchasing dealer to the selling registered dealer, on the turnover of purchases of such goods as have been sold by him during the tax period; and
(ii) calculated and allowed as provided in this section, and subject to such other conditions as may be prescribed.
The calculation of input tax credit is given in Sub-Section 13. Which is given as below:
According to Sub-Section 13 of Sec. 11 –
“ The amount of input tax credit, which may be availed of by a purchasing dealer, shall be determined on the basis of the following formula, namely:-
NET INPUT TAX CREDIT = A+B-C
Explanation:-
(i) ‘A’ represents the amount of input tax credit which the purchasing dealer may be allowed under this section in respect of taxable sales made by him during the tax period.
(ii) ‘B’ represents outstanding input tax credit brought forward from the previous tax period; and
(iii) ‘C’ represents reverse input tax credit as determined under sub-section (10).”
If we calculate input tax credit as per Sec.11(13), then we should consider opening balance of input tax credit in every tax period. So please clarify Clause (ii) of Sub-Sec. (1) and Explanation (ii) of Sub-Sec. (13) of Section 11. According to our interpretation of Sec. 11, we can claim the whole input tax credit against the vat payable on sale during the tax period and this was the motive while constituting this VAT LAW all over India. When we are paying tax on purchase then why we should not get the benefit within time. But the STO is adamant and he say that he would not allow benefit of input tax credit on unsold stock against vat payable. So please suggest what should be the correct interpretation of law with reference to Sec. 11 of VAT at Himachal Pradesh
sanjeev
19 August 2008 at 13:26
whether police security can be provided to a person whose life is in danger and who is accused of a murder ? Is there any ruling of supreme court regarding this matter?
Anil
19 August 2008 at 13:10
A PRIVATE company has complied with all the provisions of the Companies Act except that it has not issued Share Certificates in physicall form to its share holders.
Which penal section applies in this situation and what is the penalty?
Shree.
19 August 2008 at 12:13
I have a doubt its regarding traffic law
If a person is caught for over speeding and if he don't have money at that particular time to pay the fine is it legally permitted to get the charge sheet from the traffic police and can we pay it in the near by court after some time.
And in the mean time can we have our vehicle with us or the vehicle needs to be handed over to the police till we pay the fine . Could u kindly clarify me regarding this what does our law say with respect to this matter.
Dr.Mumbiram
19 August 2008 at 04:32
Artist Mumbiram is personally filing a writ petition at the Bombay High Court requesting for a Mandamus to officials at FROs and their superiors at the MHA (PETITION UNDER Part III Article 14 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF Mandamus UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA).
These officials have failed to process Dr.Mumbiram’s application for a five-year-visa for his minor son, who qualifies as a PIO. Departmental remedies such as formal written complaints have also been exhausted. The petition seeks a Mandamus to these officials to immediately grant a visa for his minor son and also to grant the petitioner compensation for damges.
What action from the High Court can we expect and in what time framework ? Will we be informed about the next steps in the proceedings, such as a possible hearing ? Do they post such information on the case status page of the Bombay High Court ?
Would somebody enlighten us about possible scenarios ?
kritika
19 August 2008 at 01:10
Respected Sir/Madam,
i just wanted to get clear that are SEC 3,3,5, 18 and 20 Of the domestic violence act,2005 are violative to ART 14 and ART 21 of the indian Constitutiton??? if yes, can u plz explain in brief, to help me to gain clear knowledge about the mentioned sec and articels. or help with any illustrations with the help of any case laws.
thank you..
Manish Singh
18 August 2008 at 19:18
Dear All,
Can anybody please provide me Govt of India Act, 1859 and the Govt of India Act, 1865.
these are repealed acts and i couldnt find it anywhere so I request all the learned members to please provide me the same if possible.
Rameshchandran
18 August 2008 at 17:59
Dear members of the Legal fraternity,
ours is a private limited company and the managing director is always in tour to foreign countries. He wanted to deligate
his power to sign in inspector of factories and such like files to General manager as the "Occupier". What procedure has to be done for that? NB: There are other two partner in the company who are also residing in foreign countries.
Whether he wanted to call for Director Board Meeting to get confermation of his decision. If not what is the procedure to be adopted?
Kindly reply to me immediately to enble me to render my duty as a legal assistant in our company.
thanking you
Rameshchandran
vinod bansal
18 August 2008 at 16:32
An order Under section 319 CrPC is An interloctury order or not.Secondlly whether a revision against order under section 319 CrPc lies or not.Plz enlighten Thanks
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ComplaintsU/Sec 125crpc and 498 of IPC
Dear Sir/ Mam
I hv asked advise on 08/08/2008 from u for Complaints filled u/s125crpc and IPCu /s498.( Under the Subject Defence for Crpc Sec125 and IPC 498)
With all due respect I asked advise for the complaints filled under sec 125 crpc and 498 of IPC.U advised me to give full details of the facts so I m giving u the facts of the case in nutshell………The applicant stated in her application under 125Crpc that she is legally married wife of the opponent and her marriage performed accourding to Hindu rites on 9/12/2005 and marriage registered at the Registrar office of the Gandevi( name of Taluka) on 13/01/2006.Further She stated that she requested the opponent that she is willing to stay in joint family of the opponent. On 20/1/2006 she accopnied by the opponent to live in Bhanuwilla apartment (the residence of the opponent) at Valsad( District in south Gujarat). The opponent took her at the Hotel named Bhagyoday at Pardi( Taluka ) for a night stay and next day morning responded refused her to take to his residence at valsad and left her alone. The applicant further stated in the said application that when she reached her own at Bhanuwilla apartment (the residence of the opp.) in-laws demanded Rs. 1,00 000=00 from her as dowry and she refused to do so and In-laws physically harassed her and threatened to kill her and pushed her out of the residence and informed her that their son is going to marry NRI girl. The applicant further alleged that in- laws did not return her the photographs and certificate of marriage informing her that it is not with them but it is in Dharampur( taluka). They took her in the car with them to get her marriage certificate from Dharmpur. When they were in the middle of the Dharampur way In-laws stopped the car and pushed her out and abused her and slapped her. The applicant lodged the complaint U/IPC sec.498( C ),323,506(2) and 114 with the Valsad Police Station. As she attempted suicide and lodged the complaint U/IPC Sec 507 in Valsad Railway Police Station as she is residing with her parents in Railway Colony. The Opp. now released on a bail against the complaint of Sec 507.( pending)
All these facts r mentioned in the Application before the Hon’ble Railway JMFC at Surat.
Meanwhile she filed application for interim maintenance and Hon’ble court has allowed Rs.500 till the final judgment of the case.
She has also filed the complaint under Domestic Violence Act 2005 Hon’ble Court at Vapi and the complaint was dismissed on 15/05/2007 and she appealed the said order in the Hon’ble Court of Valsad District And Sessions Judge.( pending)
She has also filed the complaint U/IPC Sec. 229(a) and U/IPC Sec 507 before the Railway JMFC at Surat.( both r pending).
SHE has produced the following documents: 1)list telephone numbers on which threats given to her2)receipt of Hotel Bhagyoday 3)Memorandum of Marriage- in this names of the applicant and opponent are typed but Signatures are not there or not obtained only the Priest’s signature is there or obtained. Even the Signature of Registrar is also not on the form, No photos.
NOW WE have taken the defense in our every reply that the marriage has not at all performed and denied all allegations. Now on 26/08/2008 We hv to crossexamine the Registrar of the Marriage.
V r the group of Juniors Hiren Modi, Rekha Halpati , Neeta Prajapati,Rekha Mehta. Please Sir/Mam guide us in which type of questions V should ask. Please suggest the questions. Thank u very much. Anything more information required pl. inform us.
( The applicant is also a lawyer but now not practicing. She is hving 3 years of experience)