Monday, March 31, 2014


Sept 19
Real estate Bill to be taken up in Rajya Sabha in this winter session


DDA sets property conversation camp for pending cases

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Buying property? Keep your feet on the ground

Wish to buy a house or invest in the retail or commercial realty market? Sarita Hunt of Jones Long LaSalle identifies the hot spots »

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Model Ideal x That Works ? You need ??

Sunday, March 30, 2014

NEW YEAR Wishes.... keadership ?...



Leadership is about creating what is not...: Joanna Barsh & Johanne Lavoie

... while it should be about managing what is, Joanna Barsh & Johanne Lavoie tell Ankita RaiYou have used a new term 'Centered Leadership' ...



Vinayak Chatterjee: The manifesto route to nation building

At best a far fetched, extremely wild derewam !?



Vikram Vohra

You gotta go, gotta go
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a quixot('india')

Well, well ! But, said or heard not for first time ! ...gotta to browse , as a pastime, to find a host of such .tit bits to be pieced together.. Missing bus (or train) , depends on the mode of travel chosen; or left with no choice- Looking back wityh nostalgia, while in Goa, not in distant past, used to be said to ridicule, - missing the boat (ferry ?) to cross the ever turbulent river, Mandovi . The other extreme, if were to think in terms of 'yugas', nothing to regret even if missed time and tide, and have tragically 'lost decades' in the process (to remind yet again, -Read, TOI’s own ‘Panorama of The Lost Decades” !

The concept of “Democracy” has been doing its round all the time; in recent times, going by the media, it has been provoked to ‘dance’, a ‘junglee’ type at that.
One is left unsure whether Jug is talking of ‘democracy’ in its profoundly original meaning or as a ‘synonym’ (‘meaning as another’).
Brevity is the soul of ‘wit’. For once, purposely  not inclined not to follow that ideal, looking back / reversely  but fast turning  the pages of history , -the toi , in its ‘SESQUI CENTENNIAL  PUBLICATION, 1992 ‘- one finds a cryptic quote, as re-quoted:
< H.L . Mencken described American democracy as a “boobocracy” of, by and for the “vast herd of human blanks” who have neither the interest nor the capacity for intelligent self-government. This style of expression is impolitic and impolite. But as you thump through those pages and see how government after  government succumbed to populism when what that country needed was leadership, you are tempted to tell yourself that even what is impolite and impolitic has to be said in a country whose national motto is “Truth Shall Prevail”.>
Poser: should that be true even for that ‘once –was- super-power’, how our nation can remain insulated from that irresistible external influence. extra strong.
(Welcome To Edit!)
 To catch a crook: Three lessons from the Rajaratnam case

The article, so also the numerous comments posted, as understood, focus on, rightly so, the most important of all being supply of an alert, unwittingly or otherwise, to anyone suspected to be a culprit. Upfront what comes to one's mind is the unpleasantly active role, unwisely played by the media- print, electronic, or any other of its kind.

In today's context, in view of the overwhelming influence any such information given publicity in advance or prematurely, more so mindlessly, and its impact on the societal welfare, in the larger interests of the nation and its people, in common, it is the duty and responsibility of the media to be considerate as to considerably  moderate the increasingly overtaking  practice of an unsavoury investigative journalism - particularly of the type verging on, -sensationalism, populism, self-promotion or-projection, so on.  Instead, desirably, at least initially, soon after any such information coming to its notice/knowledge should be passed on forthwith to the concerned empowered authority, keep closely monitoring, and, only if that fails to produce or show any outcome as expected, within a reasonable time, then only think of further suitable steps to bring about the aimed-at -result of an enduringly successful nature, accruing for the welfare of the people,   or any section /sector thereof. Otherwise, as past experience has repeatedly demonstrated, that could prove eventually self-defeating or -effacing attempt, with an unintended negative bizarre outcome.
This is an exclusive area where only expert psychologists or psychoanalysts* could come out and make a valuable contribution with really useful suggestions /recommendations, for the benefit of the humanity -not any tom , dick and harry, or an average  human/commoner , as we are,  filled with nothing but detestable trait / harmful  qualities of so called,  'ego' or 'emotion'..
    (*Invited to ‘Edit’)

1. What is all the more deplorable is that simply with a view to tax, the men in governance, under the guise of legislative process, gone on to resort to and accomplish the intended object by subjecting the constitution itself to violent changes and rewriting it.

As the matter stands now, the apex court is heard to have held the referred amendments as not ultra vires. Hopefully, however, the apex court may be called upon to go to the root of the whole controversy and reconsider the present verdict, if and when so taken up for a fresh adjudication.
In this context, as drawn attention to, in the leading case of ‘Raheja’ *, the factual matrix was peculiar and materially different from a pure and simple contract of sale of a ‘finished product’ normally entered into and strictly as envisaged by the special state law  on ‘flat’.

2.  Service tax on collections by a housing society for meeting the outgoings for running and maintenance of the building complex (flats /apartments). The collections so made are by the owners of the property itself, and for their own exclusive benefit. The rationale or legitimacy of such a levy is highly disputable on two grounds: The collections do not have the characteristics of ‘income’ or ‘fees’ and in any case, the principle of ‘mutuality’  is squarely applicable. Sooner the controversy is judicially and judiciously set at rest, the best.
* ET

Will you have to pay VAT on your flat? SC ruling to push up property prices

click here

(TOI - SEE COMMENTS since disclosed)

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The view of the writer casting aspersions on the correctness of the conclusion reached by the apex court cannot be faulted to be illogical; if pursued in depth might certainly result in a better view being taken.

The subject contract has come to be looked upon, also specially referred to, as a ‘statutory' contract. Also, special significance or importance, though, in one’s view  not at all warranted, has sought to be attached to the ‘rule (s)’ framed by that authority. Infer-ably, the reason behind such thinking is that one of the parties happens to be a so-called ‘statutory’ authority. Whatever that be, the intriguing question that craves for a righteous answer is this : - Why that should make any difference to giving effect to a provision of the Contract Act , both in letter and spirit, to a transaction, which is purely a ‘commercial’ transaction.

Incidentally, in modern times, there is no gainsaying that the concept of ‘government’ (so also, the attendant ideology of ‘good governance’ itself) having been subjected to a violent change- that is, the activities of the government having been pathetically but increasingly ‘commercialised’- why the need for making any such hypothetical distinction, based on faulty logic?

Law experts may wish to so re-frame the foregoing proposition as considered necessary, before venturing to deliberate at length.     


Economy & Realty @ Glance for March 2014

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'Service tax'
(on maintenance collections by CHS)

‘Flats’" Agreement to sell ( a flat)    Stamp Duty" 
< (MAHA. x KAR.;
 -NPH - 2014 Edn. pg. 103 >>>)

“CAs , Lawyers “
“BL “

 new corplaw
'deemed' (-concept)

Other 'Pet' (close to the heart)  Topics


TAX REGIME x taxpayers Wealth Tax et al, IRS Tax adv. spam

Saturday, March 29, 2014

Sec 139 A of I T Act - Its Implications ?


I/We hereby request that a permanent account number be ... The fee for processing PAN application is ... 57575 to obtain application status. For example Type ...
I/We hereby request that a permanent account number be allotted to me/us. ... coparceners on the date ofapplication and copy of any of the 49A.pdf
Online Application for New PAN (Form 49A) Guidelines (Please click here for Guidelines in Hindi language) (a) An applicant will fill Form 49A online and submit the ...
Through Internet: An application for new PAN can be made through Internet. After applying once requests forchanges or correction in PAN data or request for reprint ...

I/We hereby request that a permanent account number be allotted to me/us. ... PAN application. Documents should be in the name of applicant. List of documents which
I/We hereby request that a permanent account number be allotted to me/us. ... coparceners on the date ofapplication and copy of any of the 49A.pdf

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Ref. Post @   Problem faced in having a PAN and/or TAN ..

(Edited / modified)

According to information from believed-to-be reliable sources, the Revenue is obstinately holding up/keep pending / in suspense , for long,  application (s) made for allotment of the ubiquitous Identification Numbers, for want of proof of ‘name’ of the  'association' formed by co-purchasers of apartments in Karnataka, mostly in Bangalore, not having itself 'registered' with the registering authority. Such a stance in withholding of the unique numbers, albeit that has been made a pre-requisite for certain purposes, is, in one's well considered view, highly objectionable. So far as could be seen, any demand by the authority to produce any such 'proof'' of ‘name’ or ‘registration’ is prima facie absurd, makes no legal sense; further, gravely offends the thing known as ‘common sense’. Hence, one strongly feels that deserves to be forcefully urged as not at all warranted by the law; that is, for more than one reason.

As per the definition in the IT Act, for its purposes, the term ‘person’ has a very wide meaning. In terms, it is an 'inclusive' definition, in that opens with the crucial words, "unless the context otherwise requires”. As defined,  'person', as defined, includes not only 'registered' entities; but includes/embraces within its ambit  many others, e.g. any unregistered body such as 'Hindu undivided family',  'unregistered firm' , body of 'individuals' ,  a body whether  'incorporated or not', so on.

Moreover, what is not to be ignored or over sighted is the special Explanation under section 2 (31), which reads thus:


Any person, not falling under sub-section (1) or sub-section (2), may apply to the Assessing Officer for the allotment of a permanent account number and, thereupon, the Assessing Officer shall allot a permanent account number to such person forthwith.      (Emphasis supplied)


The fact that the said Explanation, so also the other provisions, are couched in the widest terms/language possible, clearly goes to demonstrate , rather makes it more than explicit and crystal clear that the objective /intention behind is nothing else except to leave none but cover all conceivable kinds of  'person' . To dilate, that bears on its sleeves the intention/anxiety of the legislature  that none should be left out, leaving any scope for trying and getting out of the tax regime, for several purposes of the law.

Besides, the KAOA, to one's understanding, no where requires an AOA to have 'formally' registered itself with the KCSR in order to be recognised as a 'legal entity’? As such, the demand by the authority for a 'proof' of ‘registration’, to put it in the least offensive manner, calls for 'educating' the authority himself as to what exactly is 'the law'.

 This is an aspect, it requires to be noted, seems to be amply clear even on a plain reading of the relevant provisions of the KAOA. Also that may be found covered in the material in public domain, in the form of article(s) and other Posts.

Additionally, the obviously absurd stance of the empowered officer, if pursued, might, if questioned / agitated against, prove 'suicidal'; in that, as is imagined,  he  will then be required to personally explain why / how then a body of co-purchasers, -and any number of them, -though ‘registered’ but wrongly so under the inapplicable KSRA, has (ve) been granted the unique identity number(s), without his raising an eyebrow, or even a whisper or whimper from him.

Further, there is a strong indication for anyone to safely infer, it has not occurred to the authority that by withholding of the unique numbers, he renders himself solely liable/responsible /answerable for all the attendant consequences, flowing from  the deductor's  failure to withhold tax (TDS) or its payment .

Last but not least, the authority, if he withholds or fails to allot PAN "forthwith" , will be acting in contravention of the clear "mandate" of sub-section (3) of 139A of the IT Act quoted above. To put it differently, he will be exposing himself to "personal" action (civil as well as criminal) as impliedly envisaged by SECTION 293.

Notwithstanding that, in using a clumsy language, the legislature has, according to a critical perspective, exposed itself to the blemish of partiality and want of fair play. For an appreciation of why to say so, read, in comparison, the most stringent language used in those other provisions of the Act in dealing with defaults, failures, etc. on the part of any taxpayer.

In the context herein, the following need to be pertinently made a note of:

1. As per the recently reported SC Ruling, 'aadhaar' , the last of the innovations of the kind, though conceived of and issued in the name of, and though with the aim / for serving the purpose of establishing /evidencing /proving  own "identity" , denoted to be  "UNIQUE" by itself, that ought not to be made a mandatory requirement for every purpose; except, perhaps, for any purpose justifiable to be in the larger "public Interest",; i.e. for serving a social purpose,  to the people's benefit.

2. As held by courts in some decided cases, the designated authority for registration of documents (e.g. relating to transfer of immovable property) has no express or implied power , so as to refuse registration, for any extraneous reason / not directly connected; even if that concerns or affects the very  legal validity of the document  otherwise.

This, of course, is an aspect open to a debate, and calls for an independent deliberation. Even so, this may serve the purpose of  adding to the driving force in general; and for stressing that , in any view, by reason of the clear-cut mandate of section 139 (3) drawn attention to herein before.

3. A new avenue (in offing) hopefully for airing such grievances:

(If interested, may read posted comments)

Recommend, these obviously connected aspects might be kept in focus/ further explored, and made proper use of, so as to be of help in the context herein.

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Cross Refer (To Connect) >

Citizen Matters spoke to state advocate-general Ashok Haranahalli on the issue of 'gated communities'. Read the interview here