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KAPIL
This Query has 2 replies

This Query has 2 replies

30 December 2011 at 17:48

Loan

can anyone tell me that what documents are required to produce in court for taking loan, if dispute arises in both parties.


kumar manoj
This Query has 5 replies

This Query has 5 replies

30 December 2011 at 16:24

Tradename registration

dear all

can anyone send me the detailed procedure for tradename registration in india.


CA Jilu J Babu
This Query has 1 replies

This Query has 1 replies

30 December 2011 at 15:56

Purchase of property

Can persons of indian origin purchase property in india?



Anonymous
This Query has 1 replies

This Query has 1 replies

29 December 2011 at 20:58

Liability of vat and the st - on flat


Subject – Liability of VAT(Value Added Tax) and the ST(Service Tax) on
Purchase of Residential Apartment(FLAT in Bangalore – Karnataka)

Respected Sir,
Me and my wife (XXXX) purchased a FLAT C# XXX on 1st Floor having SBA
of 1650 Sq.ft in “XXXX Estate” constructed by builder “XXXX” in
Bangalore went into “Agreement To Sell” in Jan 2010 with Possession
Date of Dec 2010, Bangalore – XXXX. Note - We had only “Agreement To
Sell/Sale Agreement” done and did not had any construction agreement
at that time.

Total Apartment Floor to be constructed in the Project are – 10 Floors.
My Flat is on – 1st Floor, C Block, C # XXX
At the time of my Booking – 5 Floors were already constructed
(Electrical Wiring/Painting etc were done…I mean it was almost
finished when we booked the Flat in Jan 2010, But builder took more
time to construct remaining floors due to some issues and I am Not
Sure if they have taken the Occupancy Letter from BDA.
(Quick question here is does this property becomes “immoveable” , if
so I am not liable to pay VAT/ST right?please clarify)

Agreement Page 8i Says –
“If any further tax is liable to be PAID in respect of anything done
or deemed to be done under the agreement , in respect of “Schedule A”
property through any prevailing or future statue/law, and should any
authority raise any demand for any such payment, the PURCHASER hereby
agrees, promises and assures to make such payments.”

Sale Agreement was done on 21st Jan, 2010 with
Possession Date as Dec, 2010.
Current Situation – Not letting me know the Possession Date despite
many requests.

My sale agreement says to pay 51,11,500/- (Total as per Cost Sheet)
49,11,500/- – is towards (Basic Price+1 Covered Parking + BWSSB and
KEB + Club Membership)
2,00,000/- – is towards(Registration + Stamp duty)
Breakup of 49,11,500 is:
24,36,500/- – is towards component of undivided interests of Land AND
24,75,000/- – is towards Apartment and Other Facilities.

All disbursement details done by us through SBI Bank before JULY 2010
are given Below:
2-Jan-2010- 2,00,000/- Cheque was given.
17-Jan-2010- 3,00,000/- Cheque was given,
12-Mar-2010- 22,00,000/- Disbursed by XXX Bank
31-July-2010- 75,924/- Disbursed by XXX Bank
31-July-2010- 18,90,000/- Disbursed by XXX Bank

TOTAL Amount Paid to the Builder till Date - Rs 46,65,924/-
Note - , For the above PAID amount they Provided us all the INVOICES
which didn’t had any TIN/VAT Number( Has been enclosed herewith)…

I have already disbursed 46,65,924/- before JULY 2010 and now when I
ask them for Registration of FLAT the builder is asking me to pay 4%
VAT on 49,11,500 and 2.5% Service Tax on 49,11,500/- (This amount and
percentage is NOT being mentioned in my sale agreement) ,
i.e 6.5% of 49,11,500 comes around Rs 3,19,248/- according to builder.

Also Builder also charges me 2,19000/- as late payment – Disbursement
was delayed by bank to builder as there was no progress – Builder says
he can waive this off if I give him a letter saying I was having
financial problem – please advice

Builder asking me to pay VAT and ST amount as -
VAT and ST Amount of Rupees of 3,19,248 i.e 6.5% of Rs 49,11,500/-

I would Like to know few things –
1. Referring to Page 13 of my sale agreement , its an “Immovable”
property and according to the supreme court decision under section
(Raheja Development Decisions) I am NOT liable to pay any VAT and ST –
is this true? please clarify this as my FLAT was already ready when
we did our bookings(Till 5th Floor was already constructed, My Flat
is on 1st Floor).
2. Please suggest If I am Liable to Pay VAT and ST.
3. Builder also charges me 2,19000/- as late payment – Disbursement
was delayed by bank to builder as there was no progress – Builder says
he can waive this off if I give him a letter saying I was having
financial problem – please advice.
4. If I am Liable to pay VAT/ST under any section,Then let me know the
TAX calculation based on
a. Composition Tax – Under Section – 15 KVAT – I have verified with
TAX office the Builder is in this category.
b. Regular VAT method @ 12.5% – Based on the builder category, Still
I need input on this.
5. What should be the “Registration and Stamp Duty” amount to be paid
by me, Please let me know the calculation.
6. Any other Access amount which I/we may need to pay the govt. please
providing the detail calculation.
7. Also let me know if they have got Occupancy Certificate from BDA,
Else please guide me whom to approach for this.

Thanks


vikash
This Query has 2 replies

This Query has 2 replies

28 December 2011 at 23:04

Company law

hi friends,
my uncle was created a pvt. ltd. co. in 2008 but he was die on nov 2011. now my unty is a single director. company could not started it business from inception but all the returns are upto date.
Please advice about closure of company and regarding penalty for non incrasement of another director.


Rajesh
This Query has 1 replies

This Query has 1 replies

28 December 2011 at 21:47

Esi doubts...very urgent sir!!!

Dear Experts,
Very urgent pls help me
If a worker gets Basic = 10000
D.A. = 2000
Incentive = 5000
Total = 17000
1)Is the company statutorily required to deduct 1.75% on 17000 or can it be restricted to 15000 itself (as in the case of PF)
2)Should they have to filed monthly return like PF (Form 5 or Form 10)
Thanks & Regards,
Rajesh.


Abhishek
This Query has 1 replies

This Query has 1 replies

28 December 2011 at 16:11

Overseas direct investement

Hi!

We (NGO registered under Society Act) are going to make a investment of Euro 50000/- (approx.10%) of total estimated cost of a project (Production of documentory film) in france.

I would like to confirm that whether we require to submit ODI form with our bank or not. If yes, then whether we have to submit it through "Automatic Route" or "Approval Route" and list of documents required to be attached.


C Senthil Kumar
This Query has 2 replies

This Query has 2 replies

26 December 2011 at 22:27

Bank guarantee

Brief about the firm:- I am running a Proprietorship Firm, nature of business is Investment and Trading in Equity, Shares and Derivatives (F&O, Currency Futures and Commodity Futures). Firm is taking loan from the lenders and utilizing that capital for trading. We want to give Bank guarantee for the loan amount. Firm is new startup.
My proposal to bank for bank guarantee is 50% margin amount.
1. When put up the proposal the bank the proposal should be accepted by the Bank.
2. In what way I must propose to the Bank for the Bank Guarantee.
3. What are the procedures/Policies adopted by the Bank for the Bank Guarantee.
4. What are all the riders for the Bank Guarantee?
5. Are guarantors required for this type of proposal?


CA Rohit Sinha
This Query has 2 replies

This Query has 2 replies

26 December 2011 at 17:37

Diiference

What is diference among Hypothecation, mortage,pledge


Neha Agarwal
This Query has 2 replies

This Query has 2 replies

24 December 2011 at 18:37

Company law

Is there any penalty , if auditor has not filed Form 23 B with MCA within 30 days of receipt of intimation of his appointment from the company...






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