Dear Experts,

We as a banker were required to create security on following terms:

"First charge by way of hypothecation on plant and machinary ranking pari passu with other term loan lenders.

We had executed Deed of Hypothecation with the borrower however at the time of executing the said deed, pari passu letter from the other term loan lenders were not obtained for ceding of charge in our bank favour. Pending the stated pari passu letter from the other term loan lenders we filled the form 8 with ROC for charge registration and attached deed of hypothecation in form 8 as executed by the borrower in our banks favour. We correctly mentioned the nature and extent of charge as described above however did not attach pari passu letter with the form 8 as the same was not avavilable with us at that time. Interestingly ROC did not raise any objection on the same and registered the charge. Later on after one year of charge registration other term loan lenders issued letter ceding first pari passu charge in our banks favour. Now the question is:
1. Whether the charge registered earlier without attaching pari passu letter while filling form 8 is a valid one and in case of default committed by borrower the same would be enforceable in the court of law.
or
2. we should again file form 8 (Perhaps modification of charge) attaching pari passu letter as received from the other banker. However this would require CLB approval for condonation of delay beyond 30 days.

Please clarify.

We have a consortium banking and recently we introduced SBI as a member in consortium. We are availing only fund based and non fund based facilities and at present there is no term loan.
While entering into interse agreement the advocate of SBI raised one issue that the list of all the assets be declared. The logic behind this is that in case company's account gets NPA and if any asset is not in the list then the directors can say that since the asset is not in the list, it is a personal asset and can not be auctioned. But the advocate of lead banker says there is no such requirement of asset list and only clause to be provided in the interse is "Present and future assets of the company"

So what is the correct legal status. for want of clarification our agreement is held up

NRI of Indian Origin, would like to buy Plantation property with permission from RBI/ Govt. of India. Whether possible and if possible what is the procedure?

Suppose Mr X is prop. of a firm and in that firm MRS. X has unsecured loan. Whether unsecured loan of Mrs. X is converted into gift to Mr.X.

is there any objections to transfer the fund from pvt ltd to public limited?

 Assessee include, every person in respect of whom proceedings under the wealth tax act have been taken for determination of wealth tax. - what is mean by proceedings here?

Hi,

An employee is working with a company and is being paid his salary through cheque after deducting some TDS as applicable. But he has not been issued any salary slip during the year. Now he leaves his job at Mar ending. Due to some conflicts while leaving, Company is not issuing any Form 16 or other to him. How can he prove that his TDS has been deducted and file his ITR?

Hi,

An employee is working with a company and is being paid his salary through cheque after deducting some TDS as applicable. But he has not been issued any salary slip during the year. Now he leaves his job at Mar ending. Due to some conflicts while leaving, Company is not issuing any Form 16 or other to him. How can he prove that his TDS has been deducted and file his ITR?

If one purchase the goods from other state, then only cst is paid or one has to pay sale tax besides cst.
suppose, one purchaser from jharkhand purchase goods worth rs. 1000 from west Bengal having 4% sale tax on that goods, cst is 2 % as we know, then how much purchaser has to pay.
please send answer with calculation.

Hi
Can any body tell us how to create the brand name of a particular business and what is the procedure to follow in order to get the brand name registereed.
thanx