premises occuppied by advocate is residential or commericial

Dear Ravi

Could you be more clear about your query?

In addition to Vishal, please state whether the building belongs to advocate occuied by him or whether he is paying rent?

I am leasehold lessee of temple and I am paying vacant land rent to temple

 The vacant land belongs to temple and building belongs to my father, on aforesaid building I am advocate office at ground floor and first floor I am occuppating with residential purpose whether occupation for advocate profession is residential or commercial

 it is Advocate's individual  Professional Office cum Residence - it Can not  be treated as Commercial .

Dear Friend,

Some two years ago, the honourable Supreme Court has ruled that the advocates can operate from the premises located in residential areas and such premises are not to be classified as commercial ones. 

I don't remember exactly the case details, but it was between an advocate and a municipal corporation where the municipal authorities had assessed property tax on the premises occupied by an advocate in residential area  as commercial.  May be this case originated from Bihar or UP.

Charms, A W K Mecci, Bangalore.

 

Question 3	Whether residential buildings partially or fully used for commercial purpose are liable for tax?
Answer	Yes, the built up covered area of the residential building used for commercial activity has to be taken into account for calculating the tax.
Question 4	Whether religious buildings are liable to be taxed?
Answer	Religious buildings are exempted from payment of tax. However the built up area in the religious building used for commercial activity is liable to be taxed.

If an advocate is having his office in the residence in where he is staying, is not commercial, but if u have given an office on rentl basis then it is commericial for u.

Dear Friends,

It is very clear, if an advocates practices from his own premises it is not classified as commercial, whether the premises is located in a commercial or residential area; , if an advocates practices from a rented premises in a residential area, again it is not classified as commercial;  but if an advocate practices from a rented premises in a commercial building in a commercial area, then it is classified as commercial for property tax purposes only.

Good Luck

A W K Mecci, Bangaalore.

Dear Friends,

If my memory is correct, the SC ruling was in respect of a case between an advocate and Bhopal Municipal Corporation, Madhya Pradesh.

Charms,

A W K Mecci, Bangalore.

Dear Friends

All are pretty confused!

could you give any judgment in this regards

The building in occupied by an advocate is residential or commercial always depends on the location of the building as per town planning of the city. if the building falls in the commercial area then it is commercial building otherwise if it falls within residential area then its a residential building, despite of the fact that same is occupied by an advocate who resides there as well as runs his office.

Prabhat ji is correct. the nature of building and the nature of lease deed or intention at the time of granting property for lease all such facts are improtant to be considered. recently, P&H has declare Lawyer's profession is a business, this December 2008 judgment, u ll find few by SC also.

 Dear  Friends,

The  point  of  contention  according  to  me  is  not  commercial  or  residential . If  advocate  is  carrying  on  profession  from  residential  area  with  disturbance  to  neighbour  or  other  members  in  that  area    they  can  file  petition  under  violation  of  fundamental  human  rights to  live  with  peace  and  equality. The  privacy  if  other  people  must  not  be  disturbed. You  can  refer  the  article  81  read  with  article  32  of   The  Constitution  of  India. Even  single  person  can  file  writ  petition  to  the  honorable  supreme  court  of  india. The  case  would  open  and  closed  immediately   in  favour  of  petitioner. For  further  clarification  just  read  the  pdf  file  attached. I am  not  advocate  but  have  sufficient  and  perfect  knowledge about   law .

Regards

Kashyap Vyas