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Queries Participated

Ram   06 August 2010 at 21:39

How long one has to work as junior advocate?

Dear Sir,

I am a BCom graduate. After my graduation, for two years i have worked with a retired commercial tax officer who was a sales tax practitioner and have assisted him in several sales tax appeals and cases at tribunals, filing monthly returns etc. I am very much interested in tax litigation. While at work i realised that advocates enjoy more priviliges like filing of writ petition, giving legal opinions on tax matters etc. Therefore i joined a law college where classes were upto 1:00 Pm and continued my work at the same office from 2:00 pm to 10:pm. Now i have completed my three years, cleared all the papers and have enrolled with the bar and waiting for the BAR exams on Dec 5th.

I am at present 26 years old. I have approached a lawyer having good tax practice in the city who has agreed to take me as his junior. My query is how long one work on an average under an advocate as his junior before starting an independent practice. I know the question sounds foolish as it all depends on each persons interest at work, knowledge, hard work and luck.

I know that i get paid meagre amount while at work under an advocate compared to what the sales tax practitioner pays me. But i find it is better for me to work under an advocate as i am enrolled at the bar. Given my age and the financials constraints i am asking all the seniors or established advocates how long does one work at your chamber on an average before setting independent practice. Pls reply. ur posts will be of great help to me in career planning.

regards

Ram

Ram   04 August 2010 at 21:14

LPO for tax lawyers

hi.. i am a junior advocate and i have been practising for 2 years with my senior.. my area of practice is taxation more particularly indirect taxation.. i want to know is there is scope for me in LPOs.. how is scope for ones growth in this sector with specialization in taxation..

regards

Ram

Ram   21 June 2010 at 21:54

works contract: adding GP on purchases method

dear sir,

my clients are dealers in sales and service of motor cars. in the case of painting of cars they adopt a method of adding 25% Gross profit to purchases to arrive at the taxable turnover. the officer claim the method is not acceptable.
i had gone through a case long back where it was held by court that such method of adding GP to purchases in works contract was acceptable. but i have not noted the citation. any body having the same pls post it at the earliest. with that decided case i can make my case stronger

regards

ram

Ram   01 June 2010 at 21:38

Pre sale expenses - VAT

dear Sir,

we are authorised dealers in Motor cars in karnataka. After the car is booked by the customer we have to incurr some expenses like RTO fees, registration expenses, petrol expenses for taking vehicle to RTO office and decoration of car etc. we are debiting the value to customers A/c and on final billing the sum is recovered from our customers. We are not paying Vat on these values. But the Assessing Auth claims these are pre sale expenses and as per the VAT rules these sums have to be included in the taxable turnover.

Pls reply as to whether these expenses are part of the sale value or not. looking fwd for your views.

regards


ram

Ram   17 May 2010 at 19:39

University - is it a dealer

dear sir,
My client is a deemed university under the UGC Commission.Their primary objective is to impart education. Incidentally they sell applications, prospectus etc to students at the time of admissions. My query is a university a dealer and sale of prospectus etc amonuts to business for levy of sales tax?

Pls Reply at the earliest

Regards

Ram



Ram   20 March 2010 at 13:10

meaning of original document - Sales Tax

Dear sir,

We are traders of scrapped tyres in mysore, karnataka. In Karnataka state the delivery note is to be generated by means of website.

our firm has a sister concern in bangalore, Karnataka. Since the person who looks after the office in mysore is not at all equipped with the computer knowledge, the details of delivery note will be uploaded in bangalore, printed in bangalore and the delivery note shall faxed to the person in Mysore. All the three copies ie original, duplicate and triplicate shall be faxed. Then the concerned person in Mysore will take the xerox of the faxed copies sign on the same and will be sent along with goods.

But we are fined Rs 60,000/- by the sales tax authorities stating that xerox copies of the faxed document are not original documents.

But my question is since the delivery notes are web generated, does it make a difference whether it may be first print or xerox copy of the faxed document. However i would agree that if the delivery notes were issued by the sales tax dept in physical form, as done before, then taking xerox copies of the same would have no validity. But how can it be the case with web generated forms, where the document is always present in the database.

I have decided to appeal against the order, so is there any statute defining the meanings of original documents.

awaiting for your replies and thanks in advance.


regards


Ram

Ram   16 February 2010 at 13:17

vakalatnama for appearing in assessment proceedings.

dear sir,

i want to know the format of the vakalatnama to be used for appearing before assessment proceedings of sales tax, income tax etc and not the one for appearing before appelate authorities.

regards


ram



Ram   14 February 2010 at 14:11

Complaint against govt officials

Dear sirs,

I am aged 23. I completed my Bcom recently and then i joined a firm of CAs. After working for 2 yrs with them i quit the job and started to work independently as Tax consultant after getting certificate as practitioner from dept of Comm taxes. I file monthly returns of a few clients, appear for assessments and maintain books of accounts etc.

These days i am facing a lot of problems in the Tax depts. the clerks who work their are causing unnecessary delay in doing their work such as issuing statutory forms etc. The applications filed by me are not accepted stating technical errors and i have to do the same things thrice unnecessarily.

Morover if they are in a foul mood they scream at me at the top of thier voice in front of all. They have absolutely no mannerisms in their behavior with the dealers or a few consultants like me. However they are good with a few who pay for getting work done.

I have explained these things to there senior officer who i find is not able to control them even now.

I am in no mood to indulge in any corrupt practices whatsover in order to get my work done quickly. we are thought from our college days not to favour corrput practice.

In this situation
1. can i complain under instructions from my client to the Commissioner or to the Lokayukta.
2. Can delay in performing work can be a reason to file complaint with lokayukta.

I did not want to take these extreme steps but i fear that delay caused by these ppl will result in problems for my client to whom i am answerable. Since i am not a established consultant any client lost would make my living difficult.

Hope you ppl will help me out.

regards


Ram

Ram   05 November 2009 at 14:33

VAT on closing stock transfered on change in constitution

Dear sirs,

We are a partnership firm in Karnataka. We are converting the same into a pvt ltd company. The existing partners shall be the directors. We are aware that we need to apply for new registration of company after canceling the registration of firm under KVAT Act. We are holding stock of Rs 1 crore (commodities taxable at 12.5%) in firm to be taken over by company.
Our query is are we suppose to pay VAT @ 12.5% on stock held by firm by billing the same with out put tax of Rs 12.5 lakhs to the new company and the new company claiming input tax of the same ( treating the same as purchases from firm).

We find it difficult to discharge such huge vat at one point and claim input for the new company. Is there any provision where stock can be transferred by means of agreement between firm and company. We will be in trouble if at the later stage if the authorities demand tax on closing stock transferred, if we transfer by means of agreement. Or is it better to raise tax invoice as said earlier.
pls advice

Ram   05 October 2008 at 23:35

query regading imposition of penalty under VAT act

Dear sirs,
under the karnataka VAT Act a single day delay in filing of monthly retuns directs the VAT officers to levy 10% of penalty on tax amount by using the word "Shall".

we have a business in udupi and our monthly VAT tax for July 08 was of Rs 556000/-. we usually file the returns on 20th day of every month. on aug 08 ie the last date for filing vat retuns for July 08 there was a nationwide strike called by left parties. so we have filed returns on 21st day of aug 08. now after a month we have received a notice proposing penalty of 10% ie Rs 55600/- with seven days time to Show cause.

officer claims to have acted under law. is there any judgement/ cases were i can claim that penalty can be waived during unavoidable circumstances, even though the Act is strict about ts levy?.

Please reply at the earliest.