Should a multi-storied apartment complex association register itself under Societies Act?

Reading all the above red tapism and legal 

interpretation -the function of Co-Operative

HOUSING society are well defined and Apartments

even multistorey come under that Registration.

One cannot have Residential Apartments registered 

under the Societies Act - simply for the reason that

that Act is not for Co-Operative Housing Societies.

Its the difference between Residential Welfare Associations,

Charities,Trusts,Foundations etc..

As a lay man I cannot go to China on visa

given on a Driving Licence -it needs a Passport

The documentation and verification are similar in Both.

Hope that clarifies my Logic.

Being in the corporate world (private sector) has taught me that 'businesses' are far more corrupt and use a number of tactics to deflect criticism.

I've seen this before :-(

Call for ideas and discussions. Plant your supporters among the 'audience'. Many good ideas will be tossed about including some that are supportive of the 'business'. These 'ideas' will be promoted by a group of vocal trolls on various media platforms, completely brushing aside the actual ideas put forth by well meaning and sincere people. In fact media will publish these 'paid' news items and there will be a great deal of discussion on the various worthless ideas. Anab will then declare one of the ideas a 'winner' with his LOUD voice, settling the issue for EVERYONE.

There, democratic process! !

A new bogus scheme will be funded with great fanfare 'for the people', by the vested interests, for the vested interests

In line with the argumentative indian

** No idea who Mr Gupta is, there is hardly any information on who he is, his contribution to society or how he is qualified to lead this initiative **And on the "Argumentative" part, this is a good way to delay even the simple good governance implementation.

Do we really need a BIG DEBATE to improve things?

Sorry, we need to see through this nonsense. But then there are so many who are part of this so we need to bow down to their wishes.

 http://taxguru.in/income-tax/finance-2-act-2014-retrospective-amendments.html

Sourced:

http://vswaminathan-swamilook.blogspot.in/2014/07/why-to-tax-worry-or-why-not-to-new.html

Disclaimer: Being Shared As Always: Solely For Info. of likeminded proactivists / participants ONLY

Well-meaning, - intended, feedback; with no political affiliations, or attendant , implied or otherwise, for provoking  even remote political motivation or influence impliedly or otherwise.  

More Food (but this time with more spices added) For Thoughts) >

 Builders pay taxes till property is transferred to society

To recall (as underlined in some of the previous posts herein), the promoter's 'liability ' in its allbracing sense, in monetary terms, besides on moral grounds enforeceable under the commonm law, continues until such time he has discharged all his contractual and legally binding responsibilities in relation to an apartments complex , to the last detail.

This an aspect repeatedly sought to be driven home with a view to provoke useful thoughts, to the end of bringing about a significant improvement in the obtaining state of affairs.

For ready reference, considered worthwhile the trouble, hence kind attention to is once again invited to the related personal Blogs, of which links may be seen to have been provided over a period.

With a view to facilitatng quick and ready reference, some of those hyperlinks are reproduced hereunder:

AT News From MAHA >

Structural Audit of society buildings

Appointment of Administrator in Housing Society

Of course, purely for General Info., of KAR apt.complexes (its enlightened owners/residents) AS OF NOW; especially, in and around Bengaluru.

Still a long way / miles nay, KMs and KMs to GO; for, still the socalled, for long (decades) dreamt of 'baby steps' awaited to be taken to give the legal concept of 'apartment', at least a legitimate, if not 'legal' Form and Shape as warranted.

The one and only Consolation : THE WORLD IS NONETHELESS ON ITS MOVE along the preordained path, as willed by PROVIDENCE ! So also, the mushrooming of apartment complexes spread across the length and breadth of our locale !!

(For -we, the homo sapiens, not necessarily 'cash-rich' but undoubtedly being 'time poor' - knowing what the two terms - 'legal' and 'legitimate' conceptually refer to and substantially imply, any standard law lexicon/ dic., will, perhaps, help).

follow such simple ideas and act on similar lines:

BMC issuing bills to simplify the property tax payment

Back Home, cetrtainly high time to make a beginning ; instead of remaining mute, thereby offending own faculty to 'think', to eternity. All such enthusing novel measures, serving as an affront to the 'unthinking', if and when, with no special efforts to be made, coming in the way, should be worth emulating.

...(ever eluding /evasive) AWARENESS

http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

Key Note : The 'Future' (as to what is in store) looks no less gloomy than hitherto; any one to agree ?!

The two HC judgments cited in the abovereferred Blog date back to Sept. 2009 and 2012, respectively. As such, most certainly, significant developments would have taken place since then. The factual scenario  would be worth an attempt to ascertain, For obvious reason, that should be of help in charting any suitable course of further action in multitude of cases in which there has been, out of sheer ignorance, failure to strictly follow the mandates / procedure as laid down in the KAOA of 1972.

Inviting Attention To BS Report, -

Taking the lead

Maharashtra moves forward on housing regulation

(Blocked by Malcolm; So )

More in the BLOG http://vswaminathan-swamilook.blogspot.in/2014/09/property-flat-apartment-law-x-law.html

BACK Home: Nothing encouraging or enthusing; if at all, there are added strong signs / indications of fast moving backwards / down the slope , in reverse gear ! Reminding the plight of of a frog in a deep well endlessly, but vainly trying to leap up, in the wishful thinking / fond hope of eying the  world outside some day !

Content (original) deleted, as has since  been rendered redundant.

May post afresh, to focus on the subject 'impediment' , in general !

Law , Lawyers (or CAs, other likes)  v Judiciary, so on

WHITHER THE CUSTOMERS / CONSUMERS stand ?

For related info. , may look the updated Blog -

http://vswaminathan-swamilook.blogspot.in/2014/09/sc-on-national-tax-tribunal-imp-messages.html

To further refresh anyone's own memory, on the importance/ utmost NEED FOR FEED BACKs, and aded FEEDBACKs thereon, may also look up the previous related Posts herein.

Sorry! For self being  too late to realise, resulting in great disappointment, and in turn,  leading to extreme disillusionment,  that the end result of all the ongoing interaction, particularly talks about ‘walk (ing) the talk’ or ‘run(nig)  the talk’ might eventually turn out/prove futile, in its complete sense.

Why one should say so ! For an answer, not without substance, may look up, -if wish to attempt finding, - HERE:

http://vswaminathan-swamilook.blogspot.in/2014/10/reality-o-realty-contd.html

As a wise man, no less a humanitarian par excellence than 'Nani', very rightly said to the effect, -All around, no quarrel, there is,  in overwhelming abundance, ‘ignorance’ ; but does that necessarily mean, the repulsive common trait must be wantonly or unwittingly ‘en-throned’ (or -chaired )-  whatever be the context  any human being can possibly think of or even imagine .

As he said:

On Constitutional morality -

When laws offend constitutional limitations, they can be invalidated by the Courts.  But when they offend against the basic notions of justice and proceed upon a total disregard of constitutional morality, the explanation for our endless predicament is to be found in the basic fact that we are born of risen apes, not of fallen angels, or conflicts and crimes, our missiles and murders, should cause no surprise when we remember our predatory animal origin

Moreover-

• All of us belong to the same species of creation, - homo sapiens- , we are at different stages of evolution. some are closer to a brute from whom our species is believed to have evolved, and some to the sacramental beings who will emerge after aeons of existence the miracle of man is not how far he has sunk ,  but how magnificently he has risen- a very bold, upright self critical of we, the humans

• It is the aristocracy of calibre which must take to public life, however distasteful it may be, “the success of democracy depends upon an informed citizenry, not on the participation of every inmate in the asylum”

• This is not those kind of events spoken of by the greatest men who have ever lived have believed that certain events in their lives were preordained and certain individuals had the rare gift of precognition.

NB: This is yet another sincere attempt to provoke and invite thoughts for the benefit of the society.

As is commonly known, the so called 'CC'  is regarded an important formality hence being insisted upon, rightly or wrongly, for varying purposes; that is, right through the process of acquistion, to the ulimate occupation, and peaceful enjoyment of not-so-independent / exclusive house prooerty, - 'apartment', But thanks to the supervening facts and circumstances invariably faced in real life, that has just remained as a 'paper tiger', simply as a source of perennial nuisance, nothing else.

Is there no conceivable solution at all ?

Better try and find out, if so minded, HERE:

• Format of Architect Certificate required for both ...

Ref. posted comments on above ; for additiinal input, HERE :http://vswaminathan-swamilook.blogspot.in/2014/10/completion-occupancy-certificate-why.html

To Share:

The write-up HERE - Principles of Natural Justice in Taxation Proceedings (Taxguru) makes for a well – articulated/-reasoned piece and deserves a close reading. That  has rightly underscored and eminently reinforced the viewpoint that has been increasingly gaining popularity in learned circles.

In  the current scenario,- in which ineptly and incompetently drafted, and mostly one-sided with a fraudulent motive, ‘documentation’ is observed to be  the 'order' (or 'rule' ?) of the times, and largely in use, for long, in the realty sector, to the disadvantage and chagrin of the affected public,- there seems to be all the more reason or ratiionale to adopt and press forth the self-same viewing.

As pinpointed (refer the posted comment), in the pending central legislation, specially for regulating the realty sector, the proposal is to have disputes settled by tribunals to be set up there under , mainly following the principles of natural justice, as opposed to the rules book.

To add, in one;’s perspective, pending its enactment (no knowing how long one has to wait), even in the ongoing disputes before the Consumer courts and other forums, the message conveyed could be successfully made use of.

Key Note: The  grievance of " deficient documatation" is, not simply confined to the admittedly unregualted 'relaty; sector, but has become a common factor and is experienced/realised  to have percolated into, and taken strong roots in, other sectors as well - e.g. the banking induastry, supposed, or taken- for-granted, to be a regulated secor, under the control and supervision of the RBI.

(may be contd.)

India not yet ready for GST

The brain behind the SIGN BOARD at "the cross roads "- perhaps the only one standing out from the rest -deserves to be commended for conceiving the symbolic caricature  quite appropriate to picture the obtaining pathetic scenario. That is not to say or give an untrue impression impudently that this is for the first time , in the lost decades post -independence, that India has been at cross roads, but left with no right and intelligent  clue as to which one to take, so as to keep moving  forward.

NO need to add, but for the heck of it: True not only wrt GST, but every other, not barring the endlessly ongoing talk to usher in,-

(A) a regulated regime in the exclusively notorious ‘realty’ sector in general ; and

(B) the decades-old concept of ‘housing societies’ still struggling to be given a desirable formal shape in particular.  

A Feed- Both for MCs / Auditors

CIT vs. Darbhanga Mansion CHS Ltd (Bombay High Court)

http://itatonline.org/archives/wp-content/uploads/darbhanga_coop_society_mutuality.pdf

Transfer Fees recd by Co-op Hsg Soc from incoming & outgoing members (even in excess of limits) is exempt on the ground of mutuality

Yet another instance of vexing ‘battle of wits ‘staged in appeal forums/ courts, bringing to surface otherwise  avoidable in fructuous litigation. In the larger public interests, it is now left to the Law and Revenue Ministries, being duty bound,  to become alive to the resulting hardships flowing from such frivolous disputes being perpetuated. More so, in the light of / /taking useful guidance from the serious strictures lately passed by the Bench in HERE  

CIT vs. Kishan Ratilal Choksey (Income Tax Appeal No. 1001 of 2011 decided on 17 April, 2014

NOTEs:

1. The HC judgment /its ratio , as may be seen from the reactionary discussion covers and holds good, not only to  "Transfer Fees", but also to every other collection/ contribution received by the members' body.

2. Cross Refer :

http://vswaminathan-swamilook.blogspot.in/2014/12/all-on-tax-regime-professiinal.html  AND

other BLOGS on related topics, e.g. audit of ‘housing societies’ (including ‘owners’ associations’), and why "service tax", despite the applicable principle of 'mutality'

It is for the MCs to remain alert and ensure that such developments are duly taken care, in the normal course of management of the ‘common affairs’ entrusted with; so also, for the appointed Auditors, in the course of audit and certification, before presentation of the annual accounts.  

Tag

·  Why is the link to "code of conduct" on the CREDAI site not ...

Tentatively observe (on a

Read on....

To help in channelling purposeful  thoughts:

Maharashtra has been, by and large, considered to have been a trend setter in the implementation and enforcement of the special laws governing construction and sale/conveyance of ‘Flats’, satisfactorily, in comparison. However, some of the recent developments, if viewed in a right or better perspective, lends credence to the grave doubts aired and genuine grievances openly given vent by the affected buyers’ community.  

One such matter requiring a conscious but anxious noting, in which the State government is believed to have taken a wrong turn while at the cross roads, is the newly framed Model Bye-laws of 2013, for CHS, and since announced to take effect forthwith.

For an update of, which way the wind has been blowing, a brief account of certain related aspects has been given in the personal Blog @ http://vswaminathan-swamilook.blogspot.in/2015/01/right-to-form-97th-amendment-of.html

< More may follow.

AT News

CCI warns Oberoi Realty, Purvankara and other players for unfair practices

As is widely known and complained of by the aggrieved buyers' community, most of the builders across the country do not care to comply with the fundamental requirements of the governing laws. For instance, the mandates invaraiably bypassed are,. - (a) to have a 'housing society' formed and registered within the prescribed time limit, strictly following the procedure laid down, (b) timely  and full completion, in all material respects, of the project (c) execute a 'proper' sale deed / deed of conveyance, on a timely basis,(d) adhere to the essential formalities of 'final conveyance' and handing over 'possession' of the property in the building complex to the CHS or OA ('owners' association'),  so on , so forth.

Knowing what the law unequivocally provides / mandates, in one’s longstanding conviction, the Registry, as an important and vital functionary in the whole process, is duty bound, responsible, and ensure that no agreement to sell, sale deed or conveyance deed, or any other related document, is accepted for registration, unless and until satisfied, at least prima facie, apart from payment of stamp duty due, the Vendor has fulfilled all his statutory obligation in relation to the Vendee. Besides, one may be lawfully justified in urging, and expecting,  that any default by Vendor with regard to any of the attendant principal legal requirements,  having an impact on the legal validity of the transaction itself, is tantamount to “unfair practice’”, as coming within the purview of oversight by the  CCI. As, otherwise, it is not only the legal rights of Vendee, but also the vested interests of others, such as mainly of the banking institutions lending to both parties (finance to realtor / home  loan to buyer) would be at great risk / imperilled.

Incidentally, attention may be invited to a recently highlighted development  and case law on the consequences of ROC’s  negligence in relation to company related affairs – Read Here >The Liability of the Registrar of Companies for Negligent Entries (icl blogs)

Extending the same logic, there seems to be no rhyme or reason why the property Registrar, in case of negligence, of a more serious kind (in that, it is the property righrs and interests of a large community of gullible buyers that are impaired and in stake) , in performance of his duties, should not be exposed to and meted out with like consequences. Any clarification in the matter to create an awareness, so also effective checks and balances, if plugged in , with no more procrastination, should go a long way in calling a halt to the ongoing irregularities for long.

Over to, besides to the empowered authorities in governance, the property law experts at large, in the expectation of a keen attention and action / eminent guidance for the common good of one and all concerned.

To share a customer-centric article (courtesy- BL):

How to complain in a way that will be heard

Quite useful clues, and direction-specific; it is for an aggrieved customer to take a conscious note of and follow the best suited. One offered suggestion is "that in the most complicated cases, if customers are ignored on customer service channels, the best way to get the firm to act is to escalate matters to senior executives”. Going by personal experience, however, that may not really work (or ‘work wonders’ or in a short run ‘anyway) in all cases.

Unless the senior executive is the rarest one who is so honest and upright as to follow the righteous motto,- The Buck Stops Here  - as Harry S. Truman did, in those good old days

Consider case of an aggrieved bank customer having a serious complaint of an irregularity or illegality in certain ongoing practice for long, without even a whisper from impacted customers as a class, most of them remaining low-aroused or not to be easily aroused. In such a situation, the common tendency of every ‘senior executive’- for that matter, even the chief executive, mostly gifted with an insensitive and recalcitrant disposition towards customers ,is to prefer the gimmicks of passing the buck and keep dodging as long as possible. Left with no way to bring about a realisation by them that the proverbial ‘buck’ must stop somewhere, customer finds no option except to, if so decides, resort to a formal course, but long drawn process, of legal action.

    Open Invitation To Share:

Anyone from the lot with like experience,- not necessarily confined to but in any other regime e.g. realty sector/ its players of direct concern herein - alternate but better (least bothersome) course to suggest?

On the aspect of CAs’ crucial role in relation to audit of ‘housing societies’ :

Ref. [PDF]Audit of Co-Operative Societies - ICAI Knowledge Gateway

Going by common experience, and as often criticised, by and large, just an any other field of professional-, besides business-, activity, there has always been a cavernous gap between theory (rules book) and actual practice, One such field pertains to audit of housing societies e.g. in Maharashtra CHS , in Karnataka AOA.

The ICAI as the apex supervisory body , having  control over its members acting as appointed external auditors   of such HSs, do seem to have comprehensive and valuable guidance material to such  CAs. What calls for a special noting is the special course meant to give a useful training to them, with a view to equip them suitably and adequately so as to enable them to duly discharge their audit functions and responsibilities, diligently and in the matter as desired and ideally expected of them; more so, from the view point of investors/owners of ‘units’, being stake holders,  in a residential building (s) complex. On that premise , one personally feels that  the referred practical  course/certification, in order to serve the intended objective, may have to be made, if not already so done,  compulsory and necessary qualification / precondition  for CAs to be appointed as auditors of HSs.

Over to, besides others concerned, the ICAI for due consideration of the suggestion herein above; and if agreed, acceptance and implementation at the earliest, – sooner than later.

NOTE: A copy of this link is being forwarded as a feedback, in view of the usefulness, directly, also to the ICAI, HO .

Afternoon Musings:

How to protect your assets from natural disasters - The Economic Times

You can’t stop natural calamities but you can minimise their impact on your finances by taking adequate...

Here is an informative write-up, for use if mind to !

Reaction (Facebook-ed) :

“You can’t stop natural calamities but you can minimise their impact on your finances by taking adequate insurance cover. Find out the best ways to protect your home and valuables.”

Is it not easier done than said? Of course, if listen to common sense, the nature given most valuable of all gifts, sane answer can only be , - YES !

To dilate a bit, with remorse:

In the aftermath of recent Nepal earthquake of devastating intensity, spelling disaster to lives and properties of a significant magnitude, the whole town, rather the country, is talking (though not walking the talk) about the need for ‘home insurance’, including high-rise buildings. The tragedy /sad commentary is, the high-rise buildings who should be the most concerned of all, in any city or elsewhere, are the least perturbed and worried; reason is basically sheer callousness, ignorance  and imbecility of the highest level.

The special law almost every state has in force mandates the obligation to have blanket insurance for a building complex. And the duty and responsibility, as a package of ‘maintenance’, is entrusted to the managing or governing body to stick to and abide by the mandate, no sooner the property gets conveyed to and becomes the property of the joint owners of the complex. Until that point in time, it is the promoter/seller who owes it, as a legally enforceable responsibility, to his/its customers, and keep protected fully under an insurance cover.  The said responsibility, thanks to the low aroused in majority, has been, and continues to be, allowed to remain simply on paper for ages. Reasons behind are illusions /misconceptions of sorts. For intimately knowing at least some, if care and will to enlighten self, use the all powerful mouse on your table top, to Google search the plethora of material on the very same and related topics, by click, using a couple of fingers.    

Tail piece:

“Earthquake: Israel advises nationals to leave Nepal”

» Read more

Poor Mrs Grundy, a native for decades, however, is simply aghast, more worried than annoyed; for, knows not, whereto?

For in-house Activists/Participants

To draw Spl. Attention  TO>

India to get own version of class action lawsuits

Amendments to BIS Act to be tabled during next session

An Update

This is follow-on of the previous posts on the subject matter.

Information since gathered from a so-believed reliable source is to the effect that Insurance company (ies) , when approached, refuse to provide insurance cover and issue a policy for an apartment complex . The reason said to be given is that unless and until the promoter/seller has affected the mandated  “Formal Conveyance” as per the KAOA (the special State law )- (what that really means and are its legal implications, refer the requirement as set out in detail in previous posts) the buyers, as a collective body of association of persons, do not have an  “insurable value”. .

Going by one’s limited knowledge , and understanding, of the scope/amplitude  of the concept of “insurable interest” , however, and as personally viewed,  such an excuse is prima facie misconceived and logically faulty; has no leg to stand on.

The field reality is , invariably, rather mostly, promoter/seller never cares , though lawfully obliged, to  take and maintain insurance  cover for the property , in the interim; that is, after the apartments have been sold; but the ‘final conveyance’, through handing over  of the title and other related property documents,  to  the Association, for no fault of it, is pending /deliberately delayed.

What needs to be noted is that, should the mentioned excuse be taken to be valid, wrongly so, but were ignorantly conceded/ yielded to, then most of the apartment complexes, including the RWAs, in Karnataka would be left with no insurance protection; thereby remain exposed to  great peril.

The intention in sharing above is with a view to eliciting information on what has been the common experience of the apartments’ complexes all around.

KEY NOTE:

On the concept of, - INsurable Interest in relation to a 'proerety' , if scouted around, one can readily find a host of material of positive guidance. HERE is one: http://legal-dictionary.thefreedictionary.com/insurable+interest

This is seen to amply support the viewpoint shared and stressed herein above; if so, a denial by insurer to underwrite the co-purchasers' - ASsociations' 'risk' in an apartment complex is, to say the least, highly offensive, irregular and illegal. 

NOTE:

As anyone is expected to be aware (refer posts before), largely prevailing  absence of or inadequacy of property  insurance  cover has provoked the most concern;  and  been openly given  went . Further that, the IRDAI,  as the empowered Regulatory authority has lately proposed certain measures to bring about the long desired but outstanding discipline in the insurance sector – See HERE : Insurers must correct pricing anomalies: IRDAI

(Left open/ Invited to EDIT/share)

This has reference to the mails lately exchanged in the Group, comprising inter alia a few participants on this Project, in the course of ongoing interaction with the Authorities in connection with the REB of 2013. One of the proposals incidentally being discussed is to resort to court action in a PIL.

If and when decided to go ahead with the proposed action, the following may serve as a useful input/prove a strong foothold:

Attention is invited to the critical viewpoints shared through a published Article, -

Another published Article, in the matter of a tax dispute but property law related, being of relevance herein is , Podar’s case, -

(JUDGMENT with marked portions requiring special focus can be downloaded- see bottom Note in the Article)

Reported Judgment in re, -

Commissioner Of Income-Tax ... vs Podar Cement Pvt. Ltd ...

  @ indiankanoon.org/doc/518414/

< Supreme Court of India ... Tax Reference Case 9-10 of 1986 PETITIONER: COMMISSIONER OF INCOME-TAX BOMBAY ETC. ... JUDGMENT 1997 Supp (1) SCR 394 The Judgment of the Court was delivered by K. VENKATASWAMI. J. In all ...

Synopsis:

Admitted fact is, - Podar , one of the parties, did not have  registered conveyance deeds  for Flats acquired from builder and in its possession. As observed by the court itself to the effect, no way to treat it to have legal “ownership” of the Flats. Further, as per the provisions of IT Act, amended only afterwards (i.e. in 1988), if were  to be strictly viewed, it could not be treated as a ‘deemed owner’  ; that is, for the purpose of  taxing  the rent income from Flats.

No doubt, the court, -obviously finding itself in a predicament  but  not to offend its judicial conscience, - nonetheless  settled  the dispute in Revenue’s favour; as otherwise assessed will escape from income-tax liability on the rent income actually received.

Looking with a different stroke , and reading in between lines, however, the SC  cannot be regarded to have had any doubt  on the well settled and long accepted proposition that , - legal ownership is a must for all other purposes; for instance, to ‘transfer’, or ‘inherit’.

On the stated proposition that there could be no legal ownership vaidly transferred on a first sale by builder or subsequent sale, the landmark SC  judgment in re.

has to be taken a special note of; for, that is a case in which the sale/coveyance deed was not properly excuted and due stamp duty paid as requiued by law., but, instead, sale/conveynce was found to have been effected , with a view to avoiding appropriate stamp duty, a dubious instrument named GPA. And, shockingly, that practice had been going on with no let up/ or control, for a few decades.

To be contd.

Proposed PIL

Adds-on:

I.  Input (case law)Related Post :-

ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A CRITIQUE

< Shantikumar D Majithia vs. DCIT (ITAT Mumbai) | itatonline.org

·  Dec 19, 2012 - Home › All Judgements › Shantikumar D Majithia vs. ... Contrast with G. Sreevidya (ITAT Chennai) that if there is a quid pro quo, .... Also, to re-examine /review the merits or otherwise of the viewpoints of the ... http://taxguru.in/corporate-law/sc-judgment-hill-properties-case-form-prevailed-substance.html.

Missing: art

·  SC Judgment in Hill Properties case – Substance ... - TaxGuru

·  Jan 16, 2014 - Related Post :- ITAT Order in re. Shantikumar D Majithia vs. DCIT (ITAT Mumbai)- A CRITIQUE. Read Full Test of the Judgment in the case of ...

II.  Reg. Who should be lined up / kept in the loop as OPs in PIL:

In a recent mail, a suggestion has been made that CREDAI (Centre/States) should, in addition to certain others, be included as a NECESSARY necessary OP, being the representative body of the most leading /popular  promoters . The merit or otherwise may have to be deliberated on; and for that purpose, the input in HERE

http://praja.in/en/blog/murali772/2012/10/02/why-link-code-conduct-credai-site-not-functional

requires to be not bypassed but given due weight.

Add-on

@Section 194 IA     And   Section 194 IA Supplement

- See more at: http://taxguru.in/income-...

In the above 2 links, find the text of two published Articles on the referred legislation. As set out , according to a critical analysis of the new enactment, Sec 194 IA, there are obvious lacunae calling for suitable material amendments. And, as per the viewpoints canvassed therein, otherwise, the enactment is so incomplete and ineffective,  as to be riddled with problems , besides in compliance, in being successfully implemented or rightly. enforced to the last detail.

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A Feedback – well -meaning and -intended, for timely helpful lead >

In the context of the PIL under discussion, - recommend to One and All truly interested and sincerely concerned, to look through, also the latest, HERE-

Blog Link:

http://vswaminathan-swamilook.blogspot.in/2015/07/machine-vs-man-lawyer.html

Portion Reproduced (for ease of quick reading and purposeful application of mind) :

Q

INTRODUCTION

1. The Income-tax Act, 1961 (‘the Act’) embodying the law of income-tax is a comprehensive and complete code in itself. As such, anything done, or purported to be done, under the Act has to be necessarily in accordance with its general and/or special provisions. For ensuring that it is so, basically, one should have sufficient familiarity with the general scheme as well as the applicable special provisions of the Act; also, have a proper understanding and appreciation in the right perspective of the scheme and the provisions. As ruled by the Courts, the Act must be read as a whole; thereafter the same should be considered Chapter-by-Chapter, then section-by-section, and ultimately word-by-word. Further, the provisions should be so construed as to make a consistent enactment of the whole statute.

For a proper compliance, it is essential that the taxpayers should have knowledge, in the true sense of the term, of the law. It is all the more essential that the officers and authorities appointed/empowered under the Act should equip themselves with a thorough and intimate knowledge of/familiarity with the law, more so of the case law, so as to properly discharge their respective duties and responsibilities of implementation, enforcement, administration and adjudication. For evaluating as to how far the concerned authorities are really committed or disposed to live up to such expectations of them as aforesaid, a close review of the decided cases, eminently on such lines as attempted in the case study herein below, could be of help.

UQ

KEY  NOTE:  Narrated above, are what are of relevance and application not merely to the law on income- tax,  but  to every other law- not barring the State(s)  law on, -  Flats and Apartments.

To reinforce (at the cost of painstaking repetition though):

SELECTIVE:

¨ Be receptive to feedback

¨ Granted you can get too much negative or contradictory feedback and become discouraged but feedback, properly evaluated, from a contributor can be invaluable in gaining perspective on where you’re going.

¨We need to measure ourselves with someone else’s  yardstick occasionally  if you’re getting the same feedback from several sources -either positive or negative –pay attention.

(Source:  Book titled PERSONAL EXCELLENCE)

> In public affairs, stupidity is more dangerous than knavery.

<>The expression “public affairs” most certainly, would take within its ambit all matters entailing “public interest” or “common good” in a profound sense

<> It is to be believed, even difficult that be, -these are quotes from the published articles and speeches of the renowned greatest legal luminary, a doyen of the Bar himself, – N A Palkhivala. He was one of those very few popularly known not just for his sharp wisdom but for his exemplary boldness to be self-critical to meet the truth face to face. Shared, though on a selective but random basis, in the fond hope on hopes of being rightly perceived, and attempted to be imbibed with a righteous perspective.

(Source: “WE, THE PEOPLE” and “We, the Nation”)

(As culled out from Feedback per previous Posts-  read INSIDE ): -Section 194 IA)

Key Note: Once again, earnestly appeal /  request to closely read the information / thoughts shared in previous Posts, so as to eventually serve the honestly intended/solely aimed at THE PURPOSE, being for the thus far eluding- "COMMON GOOD"  

(T o be contd.)

Own thoughts shared, as Feedback >

RTI - an ideally mooted concept, and made law. The objective is to enable anyone – ‘commoner’ or otherwise, to seek and procure information and make use of it for the purpose for which  procured. 

‘Information’, if rightly construed  is ‘Knowledge’ ; and , with modern technology (-IT) increasingly developed , and  reached to almost the level  of ‘explosion’,  if tried and exploited , especially for the profound ‘common good’,  most certainly  could be hoped to serve the altruistic intention , to te end of succeeding and achieving an objective result.

NOTE:  One thing that calls for intuitive introspection, for own good and incidentally for the common good as well,  is , - can that hope be anticipated to at all to  be fulfilled  if a right or near right decision is consciously taken; particularly,  when anyone finds  self  at ‘cross-roads’ .  Goes without adding, - the option is entirely left to individual or individuals if acting in a group.

Reason why ICAI, the self regulator for CAs engaged for audit of  housing societies’ (AOAs’) annual accounts require to be made a necessary OP  in the proposed PIL ! 

Not New; simply a repeat follow-on of previous posts :

With a view to spare self the drudgery of anymore painstaking  endeavour to deal with at length, attention is invited to the viewpoints shared on Facebook  ( Go to: Swaminathan Venkataraman) under topic  head - 

When your Housing Society’s Managing Committee does not give you documents, what to do?

courtesy

vs

Training the ‘caring’ brain

IMPROMPTU

“....India ranks 100 out of the 124 countries covered!”

By any standard, is that not a very poor ranking (?!);  so poor that none among the so called nationalists, for that matter even the so dubbed /self professing social activists, belonging to any class of them, can afford not to sit up, but care to mind and care the ‘brain’ , so benevolently endowed with, by the omnipotent ‘CREATOR’.   

Makes for quite a useful read; and is certain to be found SO by anyone, even if it were a minority or howsoever blunt witted, who nonetheless cares , in some measure, to the welfare and living  life as usefully and peacefully as feasible, by the rest of the humanity,  of which an individual is an insignificant part- no more significant than a drop of water in an ocean. Also needs to bear in mind , -before deciding to do or failing to do,-  keep doing so all the time, that just a tiny drop of venom, added unconsciously or otherwise,  to a can of milk, might prove lethal and spell an inevitable disaster to the consuming society outside, including self. In short, by caring ‘brain’ or striving the best to do, individual can accomplish the ideal of , - “live and let live”; thereby save self as well from the otherwise inescapable consequences of total disaster of the gravest kind readily imaginable.

(Open to “EDIT” -to serve the indicated purpose)

One More in the Series >

In a continuing attempt to invigorate / pep up, -

Pointed Attention is invited to those, who have had no mind or time to sit up and take a conscious note of the series of feedback, - in their own self- interests, and most importantly, in the common interersts of the rest closely related and equally aggrieved, this time from the media for a change,- touching upon the vexing life-time-long- problems  because of non-functioning bureaucracy (governmental authorities), empowered and duty bound to attend to and resolve on their own, for the benefit of humanity, without driving them to resort to the ultimate  remedy of litigation – court litigation ideally to be the last refuge.

Look HERE>

When nothing is resolved in court

India’s dispute resolution mechanisms are in bad shape, leading to abysmal contract enforcement. This must change »

Read, -

Comprehensive approach

Like most of well intentioned initiatives, commercial dispute resolution mechanisms, as proposed by the government, might fall short of achieving its objective, in its current form.

.......

Related some others HERE

Natchiappan panel for commercial disputes to submit report to Govt soon

Law Commission for dedicated courts for commercial disputes

In the thus far obtaining scenario,- holding out no hopes for any remedy in the foreseeable future,  with no other sane alternative course  seemingly left open,- following routes of pro-action call for a serious consideration, on a war footing:

1. PIL Petition (idea already mooted)

Suggestions to, -

2. Petition to the highest court (SC), the subject matter indisputably being of national importance (also, for reasons explicitly or impliedly shared in the previous inputs with a view to inspire and provide useful guidance).  
3. To kick-start, to begin with, through an attempt of direct approach to the apex court, in the form of a simple but forceful letter of representation, to obviate any more- or -longer -procrastination;  and to be followed up, soon thereafter,  by a separate formal writ petition duly drafted /wetted by a competent law expert.

(As is gathered from the Delhi HC judgement cited herein before, that is what is seen to have happened in that instance on, - TDS Woes, faced with by taxpayers, nationwide)

AT NEWS

Obstructing Redevelopment Comes with a Cost

“Given the limited resources, redevelopment of co-operative housing societies in Mumbai has been a subject of great interest for the […]”

As shared on Facebook:

A Bizarre Development This- not in the area of Development of a housing project, but concerning REDEVELOMENT, a certain  prospect likely to be facedv with in case of buildings aging and time to  demolish inevitably comes forth. Should such be the state of affairs in Mumbai, where the governing laws,  and the rules and regulations, are taken-for-granted or assumed –to-be  fool- and – safe proof enough for the vested interests to fall back upon, in  case of distress,  - by a  majority or otherwise.

There is no gainsaying that, all such developments taking place elsewhere, for obvious or easy-to-guess reasons ,  are sure to have sent shock waves down the spine of anyone, destined to buy or own or reside in a property of the kind, if happens to have the locale in any other state,  such as Karnataka.