Wishing You A Very Happy , Colorful HOLI

Happy Colorful  HOLI  !

Wishing You A Very Happy , Colorful  HOLI !

May God gift you all the colors of life

colors of joy, colors of happiness

colors of friendship

colors of love and all other colors you want to paint in your life.

Happy Holi!

Colorful  HOLI 

  

 With Best Regards

cs manoj bhagat

ONLINE FILING OF EXAMINATION FORM

                                                ATTENTION CS STUDENTS

ON THE DEMAND OF STUDENTS...
ICA LUCKNOW IS PROVIDING FREE ASSISTANCE IN FILLING OF EXAMINATION ENROLLMENT FORM BETWEEN 11:30 A.M. TO 4:30 P.M.
ON: - 25th MARCH 2013
ADDRESS: - INSTITUTE FOR CORPORATE ACHIEVERS,                                                         3RD FLOOR CHITRAHAR BUILDING(OPPOSITE PRINCE COMPLEX),NAWAL KISHORE, HAZRATGANJ LUCKNOW

CONTACT NUMBER: - 0522-4011081; 8176882499; 9554279814

BANK WILL OPEN ON 29TH, 30TH & 31 TH MARCH

RBI/2012-13/454 DPSS.CO.CHD.No./1674/ 03.01.03/2012-2013 March 21, 2013 The Chairman and Managing Director / Chief Executive Officer All Scheduled Commercial Banks including RRBs / Urban Co-operative Banks / State Co-operative Banks / District Central Co-operative Banks/Local Area Banks Madam / Dear sir, Clearing operations on March 29, 30 and 31, 2013 With a view to facilitate accounting of all the Government transactions for the current financial year (2012-2013) by March 31, 2013, it has been decided to conduct special clearing at all clearing houses across the country on March 29, 30 and 31, 2013 as detailed below: Date Type of clearing Presentation clearing Return clearing March 29, 2013 (Friday) Locations where the day is a holiday under Negotiable Instruments Act 1881- A Special Clearing with same day return clearing One hour after the extended business hours keeping in view the operational convenience at the local center Half an hour/One hour after the presentation clearing or as per the operational convenience at the local center. Locations where the day is a working day Normal clearing operations as is followed on any normal working day March 30, 2013 (Saturday) Normal Clearing as followed on any working Saturday In addition, a Special Clearing for credit to Government accounts only One hour after the extended business hours keeping in view the operational convenience at the local center Half an hour/One hour after the presentation clearing or as per the operational convenience at the local center March 31, 2013 (Sunday) A Special Clearing for credit to Government accounts only. One hour after the extended business hours keeping in view the operational convenience at the local center Half an hour/One hour after the presentation clearing or as per the operational convenience at the local center 2. Agency banks doing Government business alone will be permitted to present instruments in the Special Clearing on other participating banks. Other member banks of the Clearing House (including the presenting banks) are required to keep their inward clearing processing infrastructure open during the Special Clearing hours and maintain sufficient balance in their clearing settlement account to meet settlement obligations arising out of the Special Clearing. 3. In this regard, a reference is invited to the circular issued by our Department of Government and Bank Accounts (DGBA.GAD.No. H.5486/ 42.01.029 / 2012-13 dated March 21, 2013) on ‘Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year (2012-13). 4. Member banks of Clearing Houses are advised to adhere to the instructions contained in this circular as well as the instructions received from the Regional offices of Reserve Bank of India and Presidents of respective Clearing Houses. 5. Member banks are also advised to be in readiness to participate in the Centralised Payment Systems (RTGS and NEFT) on March 29, 2013 and March 31, 2013. A separate broadcast message in this regard will be issued through the respective system. Yours faithfully (Vijay Chugh) Chief General Manager

Relaxation of additional fees & extension of last date in filing of various ROC forms

Circular No: 7/2013, Dated -20/03/2013

Sub: – Relaxation of additional fees and extension of last date in filing of various forms with the Ministry of Corporate Affairs-reg.

In continuation of the Ministry’s General Circular No: 03/2013 dated 08-02-2013 on the subject cited, I am directed to inform you that with the approval of competent authority the time limit for filing and relaxation of additional fee on forms has been extended till 31-03-2013, as detailed below:-

2. The scenario arising where the due date was falling before 17/01/2013, however, additional fee increased due to non-filing of documents between 17/01/2013 and 28/02/2013 (both days inclusive). The affirmative step based on the ticket raised by ROC and the additional fee mentioned therein, will be:-

(1) Change of additional fee applicable against respective SRN in the database;

(2) Regeneration of challan with revised additional fee;

(3) Extension of validity period of the challan till 7 days from the date of change;

(4) Sending an e-mail along with challan to the user requesting him to pay the amount as per the revised challan. (User may also download the challan from FO Portal.)

3. The other scenario where all the documents which have expired on or after 17-01-2013 due to non-submission/re-submission PUCL will be restored back. The validity of tickets raised till 24-3-2013 will be entertained and users will be given the time to file the documents within seven days of intimation to user. In case of failure to file the form within seven days, the form will be marked as NTBR and no further relaxation will be granted.

4. Further it is clarified that fee payable for forms on/till 16-01-2013 will remain payable along with additional fee and relaxation of any additional fee will be considered for forms on or after 17-01-2013.

5. All other terms and conditions of the General Circular No. 03/2013 dated 08.02.2013 will remain the same.

Yours faithfully,

(Sanjay Kumar Gupta) Deputy Director

Online Registration for Foundation Program / Executive Program

1) Click the login button on top of the ICSI website (www.icsi.edu)

2) Then click on “Student” option and click on “Student Registration” option.

3) A webpage shall open. Click on the documents mentioned on that page, if students are having the softcopy of the same ( otherwise they will not be able to Register )

4) Please keep in mind the following factors also :

    a.    File format should be jpg, jpeg, png, gif, bmp

    b.    File sizes of documents should not exceed 5 MB

    c.     Size of Student Photo should be between 20KB – 50KB

    d.   Size of Student Signature should be between 10KB – 20KB

5) Now Click on Proceed to Registration

6) Select the Course type as applicable to them (Foundation / Executive)

7) If CPT passed students of ICAI / or Foundation passed students of ICAI-CMA are taking admission in CS Executive Program, they are required to select the radio button of “Commerce Graduate” and proceed further.

8) Fill other fields and click on “Register”.

9)  After this students shall get their “Request ID and Payment ID” with their personal details. Also the copy of same details shall be mailed to them on their registered e-mail ID.

10) After this “Click” on Make Payment.

11) Payment can be made through Debit Card / Credit Card / net banking.

12) They shall get “Username” and “Password” at their e-mail ID within 24 hours of payment.

13) In fact “Username” is the student’s Registration Number, which is to be noted for future use. It should be quoted invariably in future for all correspondence with ICSI.

14) After that they are required to upload scanned copy their requisite documents at the link sent at their e-mail. They can also “login” using their Username & password and can upload their documents under “My Account” and then “Manage Account” option.

(II) Process of accessing student’s account after registering to ICSI for uploading documents

 Students are advised to follow the following steps to access their registered account: Click the login button on top of the ICSI website (http://www.icsi.edu/)

Enter your Username and Password

Then Click on “Login”.

After Login, Go to Students and then click “My Account” Click on “Manage Account”

Upload documents at various tabs given under manage account option as applicable to you.

Once all required documents have been uploaded, the applications are being checked at Directorate of Student Services and if found OK, it is approved. If any discrepancies are found, then student concerned is informed by e-mail to complete the requirement.

(III) Supply of Study materials:

If any student has taken registration through “Online Services “, then he/she shall be supplied study materials directly by post from institute’s main stores Noida. Concerned Regional Councils / Chapters are not required to give study materials to such students.

(IV) Process of downloading registration letter / e-Identity card through online services :

Students can download their e-Identity card and registration letter from Institute’s website www.icsi.edu by following the given below simple procedure:

1.  Click on log in option at www.icsi.edu

2.  Enter your “Username” & “Password”

3.  Click on “student” option

4.  Open “my account”

5.  Go to “others” option at student’s account

6.  Students can download registration letter / e-Identity card at others option at their account

After downloading the Identity card, students are compulsorily required to get it attested by any of the following authorities with his/her seal carrying name, professional membership No., designation and complete officialaddress:

1.  Member of the Institute, with ACS/FCS No.

2.  Gazetted Officer of the Central or State Government.

3.  Manager of a Nationalised Bank.

4.  Principal of a recognized School/College.

5.  Officers of ICSI

Unattested Identity Cards are not valid and the students are advised to carry duly attested Identity Card for various services during their visits to the offices of the Institute, Examination Centres, etc.

Please note that Institute do not send hard copy of the identity card and Registration letter to the student by post.

In case you need any further clarification/ information on the matter, please contact Shri A K Srivastava, Deputy Director (Student Services) OR Ms. Geetanjali S. Rathore, Desk Officer (Student Services) at E-Mail Idashvini.srivastava@icsi.edu    (Tel.No. 01204522083) OR atgeetanjali.rathore@icsi.edu  (Tel.No. 0120-4522065).

In case of any Payment problems in “online services”, students may contact at error screen shot atpooja.juyal@icsi.edu.

0NLINE FILING OF EXAMINATION FORM OF CS FOR JUNE 2013

ATTENTION CS STUDENTS
ICA LUCKNOW IS PROVIDING FREE ASSISTANCE IN FILLING OF EXAMINATION ENROLLMENT FORM BETWEEN 11:30 A.M. TO 4:30 P.M.
FROM: - 19th MARCH, 2013 TO 24th MARCH 2013
ADDRESS: - C-401, BEHIND CHURCH, INDRA NAGAR, LUCKNOW
CONTACT NUMBER: - 0522-4011081; 8176882499; 9554279814

TDS return under digital signature optional, new TDS forms and an insertion of new rule to claim TDS refund

Certain changes are brought by Income-tax (Second Amendment) Rules, 2013 with regard to the compliance to be made in respect of TDS and TCS, namely: 1) All statements to be furnished in Form nos. 24Q, 27Q and 26Q shall be furnished electronically and deductor has an option to furnish it under a digital signature; 2) Deductor can file statement in the new Form 26B to claim refund of the sum paid to the Central Government under Chapter XVII-B, provided: a.      The credit of such sum has not been claimed by the deductor; b.     No demand is outstanding against deductor 3) Following forms have been substituted: a.      Form 15G – Declaration to be given for claiming certain receipts without TDS b.     Form 15H - Declaration to be given by an Individual, who is above 60 years of age, for claiming certain receipts without TDS c.      Form 16 – Certificate of tax deduction from salary d.     Form 16A – Certificate for tax deduction from any other payment e.      Form 27C - Declaration to be given for obtaining goods without collection of tax f.       Form 27D – Certificate for tax collected at source g.     Form 27EQ – Quarterly statement for tax collected at source h.     Form 27Q – Quarterly statement for tax deducted at source

SCHEDULE OF CLASSES OF CS PROFESSIONAL STARTING FROM 18TH MARCH

IT dept to accept returns on 30th and 31st March, 2013

SECTION 119 OF THE INCOME TAX ACT, 1961 – INCOME TAX AUTHORITIES – INSTRUCTIONS TO SUBORDINATE AUTHORITIES – ORDER FOR FACILITATING FILING OF IT RETURNS BY TAX PAYERS FOR F.Y. 2012-13 ON 30th & 31st MARCH, 2013

ORDER [F. NO. 225/45/2013/ITA.II],DATED 13-3-2013

The Financial Year 2012-13 closes on 31-3-2013. In view of holidays on 27th and 29th of March and thereafter, on 30th and 31st March, being Saturday and Sunday it is directed that all the Income-tax Offices through out India shall remain open and the receipts counters shall also work during normal office hours on 30th and 31st of March 2013. The direction is issued for administrative convenience by the Central Board of Direct Taxes in exercise of powers conferred under section 119 of the Income-tax Act, 1961.

Special arrangements may also be made by way of opening additional receipt counters, wherever required on 30th and 31st March 2013 to facilitate filing of return of income and other related work of tax payers. These instructions may be given wide publicity.

Royalty is payable to State governments only on the metal content extracted

March 14, 2013:  

Royalty is payable to State governments only on the metal content extracted. Tailings and rejects dumped back into the earth obviously are not metals mined and, to that extent, royalty cannot be levied on them.

This is what the Supreme Court said in State of Rajasthan and Others V. Hindustan Zinc Ltd. and Another.

The Apex court rejected the contention of the State that royalty would have to be paid on the entire quantity excavated inasmuch as processing the ore would also amount to consumption of the ore.

Therefore, even if the said ores — tailings and rejects — are not physically taken out of the leased area, the royalty will have to be paid on the contents of lead and zinc contained in the ore, the State contended.

Instead the court approved the stand of the respondent that royalty is payable only on what is taken out of the mines.

Directors Responsibility in Cheque Bounced Cases

The Supreme Court of India in a far reaching Judgment of the Bench of Hon'ble Justice Mr Sathasivam and Mr Justice H.Dattu reported in the case of National Small Industries Corp. Ltd. Versus Harmeet Singh Paintal & Anr. has dealt with the liability of Directors in Check Bouncing Cases under Section 141 of the Negotiable Instruments Act 

Two separate Appeals came before the Apex Court one related to National Small Industries Corp. Ltd vs Harmeet Singh Paintal & Anr and DCM Financial Services Ltd., vs M/s International Agro Allied Products Ltd. 

BRIEF FACTS: 

National Small Industries Corporation Ltd. had filed 12 criminal complaints under Section 138 read with Sections 141 and 142 of the Act against M/s Jay Rapid Roller Limited, a Company incorporated under the Companies Act, its Managing Director - Shri Sukhbir Singh Paintal, and its Director - Shri Harmeet Singh Paintal. It is the claim of the appellant that so as to make the Managing Director and Director of the Company liable to be prosecuted under the provisions of the Act, they had specifically averred in the complaint that all the accused persons approached it for financing of bill integrated market support program. It was also stated that the accused persons had issued cheques which were dishonored on presentation against which the appellant had filed criminal complaints under the provisions of the Act against all the respondents herein. It is their further case that all the accused persons accepted their liability and delivered various cheques, which are the subject matter of the present appeals. 


DCM Financial Services Ltd., entered into a hire purchase agreement on 25.02.1996 with M/s International Agro Allied Products Ltd. At the time of entering into contract, the Company handed over post-dated cheques to the appellant towards payment of monthly hire/rental charges. Respondent No.1 - Dev Sarin was one of the Directors of the said Company. The cheque issued by International Agro and Allied Products Ltd. in favour of the appellant was duly presented for payment on 28.10.1998 and the same was returned unpaid for the reason that the Company had issued instructions to the bankers stopping payment of the cheque. The appellant issued a legal notice on 05.12.1998 to the Company, Respondent No.1 and other Directors under Section 138 of the Act informing them about the dis-honouring of the cheque in question. Despite the service of the notice, the Company did not make the payment to the appellant. The appellant, on 11.01.1999, filed a complaint before the Metropolitan Magistrate, New Delhi against respondent No.1 and others under Section 138 read with Section 141 of the Act. By order dated 04.02.1999, the Metropolitan Magistrate, New Delhi, after recording evidence summoned the accused persons including respondent No.1 herein. Respondent No.1 filed an application before the Additional Sessions Judge, Delhi for dropping of proceedings against him. By order dated 08.09.2004, the Metropolitan Magistrate dismissed the said application. Aggrieved by the said order, the respondent filed a petition under Section 482 of the Criminal Procedure Code before the High Court for quashing of the complaint. The High Court, after finding that the averments against respondent No.1 are unspecific and general and no particular role is assigned to the appellant, quashed the summoning order insofar as it concerned to him. 


The Hon’ble Court considered the Statutory position and the liability of Directors and specifically Section 141 of the Negotiable Instruments Act . 

As per the Judgment written by His Lordship Mr Justice P.Sathasivam J the following principles of Law emerge from the Apex Court for fixing the liability of Directors under Section 141 of the N.I. Act for prosecuting them for an action under under Section 138 of the N.I.Act. 



(i) The primary responsibility is on the complainant to make specific averments as are required under the law in the complaint so as to make the accused vicariously liable. For fastening the criminal liability, there is no presumption that every Director knows about the transaction. 

(ii) Section 141 does not make all the Directors liable for the offence. The criminal liability can be fastened only on those who, at the time of the commission of the offence, were in charge of and were responsible for the conduct of the business of the company. 

(iii) Vicarious liability can be inferred against a company registered or incorporated under the Companies Act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make accused therein vicariously liable for offence committed by company along with averments in the petition containing that accused were in-charge of and responsible for the business of the company and by virtue of their position they are liable to be proceeded with. 

Expenditure on corporate membership of club is revenue expenditure

CIT vs. Groz Beckert Asia Ltd (P&H High Court – Full Bench)

 
The assessee obtained corporate membership of the Golf Club on payment of Rs.6 lakhs. The AO disallowed the expenditure on the ground that it was capital expenditure. This was reversed by the CIT(A) & Tribunal which held that the expenditure was revenue in nature. The department filed an appeal to the High Court and relied on Majestic Auto Ltd where the High Court had held that expenditure on corporate membership is in the nature of capital expenditure. As the Bench was of the view that Majestic Auto was not the correct law, the issue was referred to the Full Bench. HELD by the Full Bench:
 
In order to decide whether the expenditure is a revenue or a capital one has to look at the expenditure from a commercial point of view. Not every advantage of enduring nature constitutes capital expenditure. What is material to consider is the nature of the advantage in a commercial sense and it is only where the advantage is in the capital field that the expenditure would be disallowable. If the advantage consists merely in facilitating the assessee’s trading operations or enabling the management and conduct of the assessee’s business to be carried on more efficiently or more profitably while leaving the fixed capital untouched, the expenditure would be on revenue account, even though the advantage may endure for an indefinite future. On facts, the corporate membership was for a limited period of 5 years. It was obtained for running the business with a view to produce profit. Such membership does not bring into existence an asset or an advantage for the enduring benefit of the business. It is an expenditure incurred for the period of membership and is not long lasting. By subscribing to the membership of a club, no capital asset is created or comes into existence. By such membership, a privilege to use facilities of a club alone, are conferred on the assessee and that too for a limited period. Such expenses are for running the business with a view to produce the benefits to the assessee. Consequently, it cannot be treated as capital asset (Otis Elevator 195 ITR 682 (Bom), Engineers India 239 ITR 237 (Del), Gujarat State Export Corp 209 ITR 649 (Guj) followed; Framatone Connector OEN 294 ITR 559 (Ker) dissented from; Majestic Auto overruled)

The Landowners have to no longer pay stamp duty if they retain some flats or shops after getting their property developed by a builder/developer.

CHANDRAKANT NANEKAR vs THE STATE OF MAHARASHTRA AND ANR. (Bombay HC)

Dated: 1^st March 2013

 

Recently Bombay High court heard a PIL filed by petitioner seeking a declaration that land owners were not required to pay stamp duty on flats and shops retained by them after getting their property developed by a builder/developer. The lawyer in return said that retaining some commercial and residential premises after getting your own property developed by any developer or builder cannot be treated as conveyance as envisaged under the Bombay Stamp Act, 1958 and therefore no stamp duty can be levied in such a transactions. Adding further he said, stamp authorities in Maharashtra were insisting that landowners pay stamp duty on premises retained by them and cited a reply received from stamp authorities at Pune said the duty as per Article 25(b) and 25(d) of the Bombay Stamp Act was payable for commercial and residential premises.

 

Before high court, The state government said that a circular will be issued in next two weeks Ld. AGP, submits that the Inspector General of Stamps will issue appropriate circular to all concerned to follow the legal position expounded by this Court in the above said case. That circular be issued within two weeks from today.

Order passed without dealing with objections filed by the Assessee is not valid

Posted In Income Tax | Judiciary | No Comments »

The passing of an order dealing with theobjections filed by the assessee is not an empty formality. The assessing officer has to apply his mind to theobjections raised and has to deal with the objections in the order. This has not been done in the present case. Consequently, order dated 28.01.2013 is set-aside.

THE HIGH COURT OF DELHI AT NEW DELHI

 Judgment delivered on: 08.02.2013

 W.P.(C) 711/2013

M/S JAY BHARAT MARUTI LTD                 
versus

ASSTT. COMMISSIONER OF INCOME TAX AND ORS  

JUDGMENTBADAR DURREZ AHMED, J (ORAL)

This writ petition is directed against the notice dated 30.08.2011 issued by the respondent undersection 148 of the Income Tax Act, 1961 (hereinafter referred to as ^„the said Act^‟) pertaining to theassessment year 2007-08. It is also directed against the order dated 28.01.2013 whereby the respondent has rejected the objections raised by the petitioner pursuant to the receipt of the purported reasons behind the proposed reopening of the assessment for the said assessment year 2007- 08.

2. On going through the order dated 28.01.2013 we find that the same has been passed without anyapplication of mind. To say the least, it is a cut-and-paste job. This is apparent from the fact that the paragraph 3 is merely a repetition of the provisions of section 147 and 148 of the said Act. Thereafter, paragraphs 4, 5 upto 5.6 comprise of quotations and extracts from Supreme Court andHigh Court decisions. Paragraph 5.7 is perhaps a reference to the case at hand. However, we find that the words mentioned therein could apply to any case. It appears to be a generic paragraph which is perhaps applied by the respondent to several such cases. In order to appreciate this fact we are reproducing the paragraph 5.7 hereinbelow: -

“5.7 In this case, the belief of the AO has been held in good faith and not on the basis of any rumour. In fact the reasons for issue of notice existed at the time of issue of notice and the reasons are genuine. They were in fact communicated to the assessee also. The reasons recorded are quite detailed. As is evident from the perusal of the reasons recorded, they in fact record the satisfaction of the AO that the income has escaped assessment on the basis of the reasons elucidated and the material on record as relied upon by the AO at the time while recording his satisfaction that the income had in     fact escaped  assessment.”     

3. Apart from the aforesaid paragraph there is no discussion of the points raised by the petitioner in its objections. In fact, portions of the objections furnished by the petitioner have been copied verbatim as would be apparent from paragraph 2 of the order which reads as under: -

“2. Notice u/s. 148 was issued after recording the reasons under section 147 of the Act on 30.08.2011 and duly served. In response to the same, assessee has submitted written submission dated 27.09.2011 wherein the assessee submitted that the notice is illegal and without jurisdiction. We object the reassessment proceedings. The return already filed by u/s 139 for A Y 2007-08 may please be treated as return filed in pursuance of the notice now received. Further, it was also requested to enable us to make objections both on facts and in law to the proposed reassessment, please give us reasons recorded for reopening the assessee and also the order of sanction obtained for the purpose and on receipt of the same we shall make detailed submission and objection, both on facts and in law after which we wish to be heard in person for which adequate opportunity be granted to determine the justifiability or otherwise of the action for reassessment in terms of the decision of GKN Driveshaft Ltd. Vs. CIT (2003) 259 ITR 19 (SC) and not issue on merits be taken up for any decision before the validity of action for reassessment is decided. The reasons recorded under section 147 were provided to the AR of the Assessee Company. The assessee filed an objection against the issuance of notice under section 148 vide written submission.”

It is apparent on going through the above extract that the respondent has not even bothered to change the words such as “we”, “us”, etc. which the petitioner had used in its objections/ reply. This shows that the respondent had not even applied his mind and not even bothered to correct the contents of paragraph 2 so as to put it into second person or third person in the grammatic sense.

4. For the aforesaid reasons, after hearing the counsel for the parties at the stage of admission itself we feel that such an order cannot be permitted to stand as it smacks of non-application of mind. The passing of an order dealing with the objections filed by the assessee is not an empty formality. The assessing officer has to apply his mind to the objections raised and has to deal with theobjections in the order. This has not been done in the present case. Consequently, order dated 28.01.2013 is set-aside. The matter is remitted to the respondent to pass a fresh order after taking into account the objections filed by the petitioner as also after giving the petitioner an opportunity of hearing. The order be passed by the respondent within three weeks. We have not commented at all on the merits of this petition with regard to the validity of the notice dated 30.08.2011. That issue is kept open. The writ petition stands disposed of.

Conducting of Mock Tests for Intermediate (IPC) and Final Course students for May, 2013 Examinations - (01-03-2013)

Conducting of Mock Tests for Intermediate (IPC) and Final Course students for May, 2013 Examinations - (01-03-2013)

With a view to further encourage the students to evaluate their preparation for the examination, the  Board of Studies has prepared Mock Test Papers for Intermediate (IPC) and Final Course students to assess their preparation for the main examination to be held in May, 2013. All our Regional Councils and Branches have been advised to conduct  Mock Tests under examination conditions for the benefit of Intermediate (IPC) and Final Course students in the months of March - April, 2013. Students are advised to contact the respective Regional Councils/Branch(es) to ascertain the exact date(s) and venue for the Mock Tests and take advantage of the same which  will help them to assess their  preparation for the main examinations.

The Supreme Court has enumerated six specific issues that are not amenable to arbitration.

The Supreme Court has enumerated six specific issues that are not amenable to arbitration.

Tenancy matters are one of them and hence even if there is a broad provision for referring disputes to the arbitrator, the issue of tenancy would remain outside his pale said the Punjab and Haryana High Court in St. Joan's Education Society v. National Thermal Power Corporation Ltd and others.

The writ petitioner was running a school on a land owned by the respondent-corporation by paying a token rent of Rs 100. The agreement between the two provided for various conditions subject to which the lease was given and also provided for arbitration in the case of dispute. When the respondent wanted to evict the school for non-compliance with a few terms under the Public Premises (eviction of unauthorised Occupants) Act, 1971, the appellant filed the writ petition on grounds including the matter must have been referred to the arbitrator.

The Court, while dismissing the petition, pointed out that tenancy disputes can never be subject matter of arbitration.

(The author is a New Delhi-based Chartered Accountant)

GOING TO START NEW BATCH OF CS FINAL FROM 11TH MARCH, 2013 
Group-I CSP at 5 pm and DRAFTING at 6 pm.
Group-II BUSINESS ETHICS at 9 am and DUE DILIGENCE at 10 am.
FOR DETAILS CONTACT:
AT 3RD FLOOR, CHITRAHAR BUILDING, NAVAL KISHORE ROAD, HAZRATGANJ, LUCKNOW. PH: 05224011081, MOB:8176882499, 9935778867, 8687113270
FOR DETAILS VISIT
http://instituteforcorporateachievers.blogspot.in/2012/09/best-cs-coaching-in-lucknow.html?showComment=1354449156256#c7937824740503512550

GOING TO START NEW BATCH OF CS FINAL FROM 11TH MARCH, 2013 
Group-I CSP at 5 pm and DRAFTING at 6 pm.
Group-II BUSINESS ETHICS at 9 am and DUE DILIGENCE at 10 am.
FOR DETAILS CONTACT:
AT 3RD FLOOR, CHITRAHAR BUILDING, NAVAL KISHORE ROAD, HAZRATGANJ, LUCKNOW. PH: 05224011081, MOB:8176882499, 9935778867, 8687113270
FOR DETAILS VISIT
http://instituteforcorporateachievers.blogspot.in/2012/09/best-cs-coaching-in-lucknow.html?showComment=1354449156256#c7937824740503512550