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Lawandlegal.in - a Law-Blog

2013-01-21T11:05:00.001+05:30

Law-blog "Law & Legal" is now "Lawandlegal.in".

Available in New Blog : Law & Legal

2011-01-20T16:08:00.003+05:30

"Law & Legal" - This is my new Law-Blog. Henceforth, all my new posts will be published there. All the legal formats I have posted here, shall also be available there.

Thanks in advance for visiting "Law & Legal".

Complaint Against Cheque Bouncing

2010-10-31T20:00:00.000+05:30

This is a sample Complaint against Cheque dishonour. The .pdf format can be downloaded from here.

IN THE COURT OF THE LEARNED CHIEF METROPOLITAN MAGISTRATE AT KOLKATA

Complaint Case No. of ______

Police Station:___________

______________________
______________________
_______________________

.... COMPLAINANT.

-VERSUS-

______________________
______________________
_______________________

....ACCUSED.

Charge under section 138 read with section 142 of the Negotiable Instruments Act, 1881 as amended upto-date.

The humble petition of complaint on behalf of the complainant abovenamed

MOST RESPECTFULLY SHEWETH:-

1.    The complainant/petitioner is a law abiding citizen of India and _________________ by profession.

2.    Sometime in the month of _____________ the accused person requested the complainant to provide him some financial help as an interest-free loan to the tune of Rs. ________/- (Rupees __________) only to fulfill his urgent necessity and promised to repay the said amount within three months.

3.    Upon the request made by and believing in the promise of the accused the complainant provided him such loan/financial accommodation of Rs. ______/- (Rupees ___________________) only.

4.    In discharge of the existing legal debts and/or liabilities as aforesaid one A/c payee cheque was issued by the accused in favour of the complainant.

A detail of the said cheque is given below:-

Cheque No. Date Drawn on Amount (Rs.)

…………. ………. ................... …………….

5.    Upon presentation of the said cheque for encashment within its validity period with the complainant’s banker, __________________, the same was dishonoured and returned unpaid alongwith the Cheque Returning Memo dated ___________ with the endorsement “Insufficiency of funds in the account”. The Compalinant was intimated about such dishonour by Debit Advice Memo dated ___________.

6.    The fact of such dishonour of the cheque had been communicated to the accused person by a notice U/s. 138(b) of N.I. Act, 1881 as amended upto-date issued by the Complainant and the said notice was despatched by Regd. Post with A/D on __________ demanding the payment of the amount of the said cheque i.e. Rs. _______/- (Rupees _____________) only within 15 days from the date of receipt of the said notice.

7.    The Complainant submits that the said demand notice was duly duly received by the accused person on ________, but inspite of this the accused person failed and neglected to make payment as demanded therein.

8.    The accused person has therefore succeeded in deceiving the complainant malafidely, intentionally, purposely and mischieviously.

9.    The accused has thus committed an offence punish¬able under section 138 of the Negotiable Instruments Act, 1881 as amended upto-date.

10.    This petition of complaint is not barred by the Law of Limitation.

11.    The cause of action of this case arose within the jurisdiction of this Learned Court. Hence, this Learned Court is the competent authority and has jurisdiction to try the offence in this instant case.

12.    This petition of Complaint is made bonafide and for the ends of justice.

In the aforesaid circumstances it is most respectfully prayed that Your Honour may graciously be pleased to take cognizance of the matter and issue process against the accused person under section 138 read with section 142 of the Negotiable Instruments Act 1881, as amended upto-date and pass such other order or orders as your Honour may deem fit and proper.

And for this act of kindness your petitioner as in duty bound shall ever pray.

List of Documents annexed:-
1.    The aforesaid cheque No. ________ in original,
2.    The Cheque Returning Memo. Dated ___________ in original,
3.    The Debit Advice Memo. Dated ______ in original,
4.    True copy of the Notice dated _________________,
5.    Postal Receipt No. _____________ in original,
6.    A/D card having endorsement by the accused, in original.

List of Witness:-
7.    Complainant,
8.    Representative from _________ Bank, __________ Branch,
9.    Representative from _________ Bank,
10.    Others.

Place: ____________
Date: ____________

Filed By,

Complainant
Through

Advocate

Affidavit

I, ___________ (Name), son of ____________, aged about ________ years and resident of _____________________________ do hereby solemnly affirm and declare on oath as follws:

1. That I am the Complainant in the Complaint annexed herewith and as such competent to swear this Affidavit.

2. That the statements made in the paragraphs nos. 1 to 12 of the said Complaint are true to the best of my knowledge and belief and the rests are my humble prayer to the Learned Court. I have not also concealed anything therein.

I sign this affidavit on this ______ day of _______, 20__ at _________.

____________________

Deponent

Sample Agreement for Sale

2010-10-10T22:03:00.003+05:30

Here is a format Agreement for Sale. The .pdf format can be downloaded from here.

AGREEMENT FOR SALE

1.    Date:
2.    Place:
3.    Parties:
3.1    ___________________, son of ____________, by Nationality – Indian, by faith – _______, by Occupation-   _______, resident of ______________ ____________.
(Vendor, includes successors-in-interest and assigns)

AND

3.2    ___________________, son of ____________, by Nationality – Indian, by faith – _______, by Occupation-   _______, resident of ______________ ____________.
(Purchaser, includes successors-in-interest and/or assigns)
[Vendor, Purchaser collectively Parties and individually Party.]

NOW THIS AGREEMENT FOR SALE WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:

4.    Background:
4.1    Ownership of the Vendor: The Vendor is the sole and absolute owner of, otherwise well and sufficiently entitled to ALL THAT piece and parcel of Homestead land admeasuring _______________ be the same a little more or less together with a brick-built structure measuring about ________ Sq. ft. standing thereon, situate and lying at and being Premises No. ____, _______ Road, within the local limits of the ___________ Municipality, District - ______, in the State of West Bengal, described in the 1st Schedule below (Said Property). The Vendor became owner of the said property by purchase from the erstwhile owner thereof by virtue of a Deed of Conveyance dated _______ duly registered at the office of the ____________ and recorded in Book No. I, Being No. ______ for the year ____.
4.2    Mutation: The Vendor also got his name mutated in the records of the ________ Municipality as the owner of the Said Property, vide Memo. No. ___________ dated _______ issued by the _________ Municipality.
4.3    Desire to Sell the Said Property: Because of some cogent reasons the Vendor has now become interested to sell and/or alienate the Said Property to the intending purchaser thereof.
5.    Representations and Warranties of the Vendor:
5.1    Vendor Absolute Owner: The Vendor is the absolute owner of the Said Property and no other person has any right, title or interest on and over thereof.
5.2    Said Property Free from all Encumbrances: The Said Property to be transferred is free from all claims, demands, encumbrances, possessory rights (permissive or adverse), mortgages, charges, liens, attachments, lis pendens, uses, easements, trusts, prohibitions, court proceedings either in execution or pending, revenue recovery proceedings, wealth tax, Income tax dues, Income tax attachment, Financial Institution charges, claims and liabilities whatsoever or howsoever made or suffered by the Said Property or any person or persons having or lawfully, rightfully or equitably claiming any estate or interest therein through under or in trust for the Vendor or the Vendor’s Predecessors-in-title.
5.3    Possession with Vendor: The Vendor is in vacant and peaceful possession of the Said Property.
5.4    No Prejudicial Act by Vendor: The Vendor has not any time done or executed or knowingly suffered or been party or privy to any act, deed, matter, or thing whereby the Said Property hereby agreed to be transferred or any part thereof can or may be impeached, encumbered or affected in title.
5.5    Compliance with Local Laws: The Vendor has fully complied with all the applicable local laws in respect of the Said Property and the proposed sale of the Said Property to the Purchaser is not in violation of any laws including but not limited to local and other laws.
5.6    No Acquisition or Requisition: The Vendor has not received any notice from any authority for acquisition or requisition and declares that the Said Property is not affected by any scheme of the Government or Statutory Body.
5.7    No Notification or Vesting: No part or portion of the Said Property has been notified or planned for any development scheme of the Government or any Statutory Body and/or vested in the State by operation of law.
5.8    No Previous Agreements: The Said Property is not the subject matter of any previous agreement, whether oral or in writing and as such the Vendor is competent to deal with the Said Property and sell the same without any claim or hindrance.
5.9    No Litigation: No part or portion of the Said Property is affected by any pending proceeding, civil, criminal or revenue and thus the Said Property is not affected by the doctrine of lis pendens or any prohibitory order or any mandatory order.
5.10    Vendor has Good Right: Notwithstanding any act, deed or thing whatsoever done as aforesaid, the Vendor has good right, full power, absolute authority and indefeasible title to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.
5.11    Statutory Clearances: The Vendor is in a position to obtain all statutory clearances, consents and permissions required, if any, to transfer the Said Property to the Purchaser.
5.12    No Personal Guarantee: The Said Property is not affected by or subject to any personal guarantee for securing any financial accommodation.
5.13    No Order of Prohibition: There is no order of Court or any other statutory authority prohibiting the Vendor from entering into this Agreement and transferring of the Said Property or any part thereof.
6.    Basic Understanding:
6.1    Announcement by Vendor: The Vendor has announced and has offered to sell the Said Property to the Purchaser.
6.2    Reliance on Representations: Relying on the aforesaid representations and warranties of the Vendor, the Purchaser has agreed to purchase the Said Property.
6.3    Discussions and Negotiations: Discussions and negotiations have taken place between the Vendor and the Purchaser for purchase of the Said Property and essential terms and conditions in this regard have been finalized, which the Parties are recording hereunder.
6.4    Agreement to Sell and Purchase: Pursuant to such discussions and negotiations, the Vendor has agreed to sell and the Purchaser has agreed to purchase from the Vendor Said Property on the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.

8.    Price:
The Price as agreed between the Parties for the sale and/or transfer of the Said Property is Rs. _______/- (Rupees ______ ________________) only (Price).
9.    Payment:
9.1    Advance: At or before hereof, the Purchaser has paid to the Vendor a sum of Rs. _______/- (Rupees ______ ________________) only (Advance) towards earnest money and/or part payment of the Price, receipt whereof the Vendor doth hereby as well as by the receipt and memo hereunder written, admit and acknowledge.
9.2    Balance Payment: Within ______ months from the date hereof and subject to the Vendor making out a marketable title and the Purchaser satisfying himself with regard to the title of the Said Property by way of title investigation and/or as stated hereinafter, as well as also subject to the Vendor having complied with his other obligations, if any, as provided hereinafter, the Purchaser shall pay the rest part of the Price to the Vendor.
10.    Title Investigation:
10.1    Title and Other Documents: The Vendor simultaneously herewith have supplied some documents in respect of the title of the Said Property to the Purchaser and also undertakes to supply such other document/s in connection with the Said Property, which in normal course the Vendor is presumed to have and possess, being requisitioned by the Purchaser or his Advocate. Upon receiving all such document/s the Purchaser shall satisfy himself of the title of the Vendor to the Said Property.
10.2    Requisition on Title: The Vendor will at their cost, comply with all the requisition on title reasonably raised by the Purchaser or his Advocate with regard to the Said Property and furnish such documents, information, sanctions as may be required to establish title to the Said Property.
10.3    Public Notice: The Purchaser shall be at liberty to cause publishing of a Public Notice in the Newspaper at his cost inviting thereby reasonable objection from any third party in respect of the sale/transfer of the Said Property.
11.    Vendor’s Obligations:
11.1    Making out Marketable Title: The Vendor shall keep and convey a good, marketable and subsisting title in regard to the Said Property to the Purchaser.
11.2    Execution & Registration of Deed of Conveyance: Upon receiving the rest of the Price from the Purchaser within the prescribed period as aforesaid, the Purchaser shall be bound to execute and cause register necessary Deed of Conveyance in favour of the Purchaser or his nominee/s or assignee/s.
11.3    Handing over Original Documents: Simultaneously with executing and registering the Deed of Conveyance in respect of the Said Property in favour of the Purchaser or his nominee or assignee upon payment of the balance Price, the Vendor shall handover all original title documents and other papers relating to the Said Property to the Purchaser.
11.4    Sale Free from Encumbrances: The sale of the Said Property shall be free from encumbrances of whatsoever nature.
11.5    No Transfer/Alienation/Third party Right by Vendor: The Vendor has agreed not to sell or transfer or alienate the Said Property to any third party or to create any third party right or interest hereafter in the Said Property unless and until this Agreement is terminated.
11.6    Termination due to Valid Third Party Claim: In the event of there being any valid third party claims raised against the Said Property, in that event the Purchaser shall have the option to terminate this Agreement as breach on the part of the Vendor.
12.    Covenants:
12.1    Right of Nomination: The Purchaser shall be entitled to nominate and/or assign any person or persons or companies to receive the Conveyance of the Said Property directly from the Vendor in pursuance of this Agreement. The Vendor shall not demand any extra or additional consideration for such nomination.
12.2    Completion of Sale: The sale shall be completed, by way of the Vendor executing and registering the conveyance of the Said Property in favour of the Purchaser and/or his nominees or assignees and any other obligations that may have specifically stated herein.
13.    Consequences of Breach:
13.1    Of Vendor: (a) If the Vendor failing to make out a marketable title to the Said Property, the Purchaser shall be entitled to terminate this Agreement, in which event, the Vendor shall forthwith refund the entire money received till the date of such termination, together with a consolidated sum of Rs._______/- (Rupees _________________________) only towards all legal and incidental expenses incurred by the Purchaser, (b) In case of termination of this Agreement as described in the Clause 11.6 above, the Vendor shall forthwith refund the entire money received till the date of such termination, together with a consolidated sum of Rs._______/- (Rupees _____ ____________________) only towards all legal and incidental expenses incurred by the Purchaser and (c) In the event of default by the Vendor to execute and register necessary Deed of Conveyance in favour of the Purchaser or his nominee/s or assignee/s even the Purchaser being ready to make payment of the rest of the Price to the Vendor, the Purchaser shall be at liberty to enforce Specific Performance of Contract and register necessary Deed of Conveyance in his favour through Court by depositing the rest of the Price.
13.2    Of Purchaser: Notwithstanding anything contained in any of the Clauses under this Agreement and subject to the Vendor complying with all his obligations as contained in this Agreement, in the event of there being any breach by the Purchaser by defaulting in making payment of the balance consideration amount, the Vendor shall be entitled to terminate this Agreement and in that event the Purchaser shall be refunded by the Vendor the entire money received by him till the date of such termination after deducting __% of the said amount as compensation.
14.    Interpretation:
14.1    Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
14.2    Headings: The headings in this Agreement are inserted for convenience only and shall be ignored in construing the provisions of this Agreement.
14.3    Definitions: Words and phrases have been defined in this Agreement by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.

The Schedule above referred to

[Said Property]

ALL THAT piece and parcel of ……. (detail description of the Said Property) …… and the same is butted and bounded in the following manner:
On the North     :    By ……………………
On the South     :    By …………………….
On the East    :    By ………………………
On the West    :    By ………………………

15.    Execution and Delivery:
15.1    In Witness Whereof the Parties have executed and delivered this Agreement on the date mentioned above.

____________________        ____________________
[VENDOR]        [PURCHASER]


Witnesses:

1. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:

2. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:
_________________________________________________

MEMO OF CONSIDERATION

RECEIVED of and from the within named Purchaser the within mentioned sum of Rs. _______/- (Rupees ______ ________________) only as per the memo below:

Mode of payment Amount (Rs.)

(Rupees _________________) only

_________________________
[VENDOR]

W I T N E S S E S:

1.Signature: _______________________
Name:

2. Signature: ________________________
Name:

Surrender of Tenancy Agreement - A Format thereof

2010-09-17T19:21:00.000+05:30

Here is a format of the Surrender of Tenancy Agreement. Free .pdf format can be downloaded from here.

MEMORANDUM OF AGREEMENT

1.    Date: _____________________
2.    Place: ____________________
3.    Parties:

3.1 _____________________, son of _________________, by faith – _____, by Nationality – Indian, by Occupation - ________, residing at _______________________________________.

(Tenant/First Party, includes successors-in-interest and/or assigns)

AND

3.2 ____________________, son of _________________, by faith – _____, by Nationality – Indian, by Occupation - ________, residing at ______________________________________.

(Landlord/Second Party, includes successors-in-interest and/or assigns)

Tenant, Landlord collectively Parties and individually Party.

NOW THIS MEMORANDUM OF AGREEMENT WITNESSES AS FOLLOWS:

4. Background:

4.1 Ownership of the Second Party: The Second Party is the sole and absolute owner of and/or otherwise well and sufficiently entitled to the land and building situate and lying at the Premises known as ____________________________________ (Said Premises).

4.2 Tenancy of the First Party: The First Party is a monthly tenant in respect of a _______ [character of use] room having an area of _______ Sq. ft. be the same a little more or less on the ______ floor of the building in the Said Premises [Tenanted Portion] , at a monthly rental of Rs. __/- (Rupees _____________) only, payable according to English calendar month. The Tenanted Portion is described in the 1st Schedule below.

4.3 Proposal and Acceptance: The Landlord has now approached the Tenant to surrender the tenancy and all other rights incidental thereto due to some exigencies and the Tenant has agreed to surrender the tenancy and all other rights in the Tenanted Portion as well as to vacate the same by delivering khas and peaceful possession of the Tenanted Portion to the Landlord, subject to payment of a sum of Rs. _______/- (Rupees _______________) only (Consideration) by the Landlord to the Tenant towards the reimbursement the cost for shifting and rehabilitation.

4.4 Mutual Understanding & Recording of the Terms: The Parties upon negotiation have amicably arrived at the terms and conditions for such surrender of tenancy and conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Memorandum.

NOW IT IS HEREBY AGREED AND DECLARED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:

1. Surrender of the Tenancy: The Tenant doth hereby agree to surrender his tenancy in respect of the Tenanted Portion, described in the 1st Schedule below in favour of the Landlord, upon payment of the Consideration by the Landlord.

2. Payment of the Consideration: The Landlord shall pay to the Tenant a total sum of Rs.__________/- (Rupees ____________) only towards the cost of shifting and rehabilitation charges and/or compensation for the inconvenience suffered by the Tenant to vacate the Tenanted Portion in favour of the Landlord in the manner specified in the Payment Schedule, described in the 2nd Schedule below.

3. Advance Payment: The Landlord at or before hereof has paid to the Tenant a sum of Rs.__________/- (Rupees ______________) only as an advance and part payment of the Consideration and the Tenant doth hereby as well as by the receipt and memo hereunder written, admit and acknowledge thereof.

4.    Effective Date: The Tenant shall cease to have all his right, title and interest in the Tenanted Portion including the right of his monthly tenancy on and with effect from __________ (Effective Date).
5.    Delivery of Possession: Within __________ from the date hereof the Tenant shall vacate and hand over peaceful and khas possession of the Tenanted Portion to the Landlord and shall obtain written receipt and acknowledgement thereof from the Landlord.
6.    Release from the Liability: Both the Parties release and discharge each other from all liabilities arising under the Tenancy or any variation of the terms of the tenancy with effect from the Effective Date.

7.    Representation & Warranty:
7.1    By the Tenant:
7.1.1    After the Effective Date the Tenant shall have no right, title and interest in and over the Tenanted Portion whatsoever and responsibility towards the Landlord, as well as no other or further claim and/or demand from the Landlord, save as specifically stated herein.
7.1.2    Upon delivery of the possession of the Tenanted Portion to the Landlord, the Tenant shall hand over vacant and peaceful possession of the Tenanted Portion after removing all his goods and belongings and thereafter shall have no right to enter into the Tenanted Portion and/or in the Said Premises.
7.1.3    The Tenant has paid and cleared all electricity bills, telephone bills and all other utility bills and there is no arrear in respect thereof.
7.1.4    The Tenant has not created any interest over his monthly tenancy and/or has not done any act or deed which may prejudicially affect the right of tenancy.

7.2    By Purchaser:
7.2.1        Upon execution hereof the Landlord shall have no other or further claim and/or demand whatsoever from the Tenant save and except as specifically stated herein.
7.2.2    The Landlord shall pay the Consideration to the Tenant in terms of the Payment Schedule below.

8.    Interpretation:
8.1    Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
8.2    Headings: The headings in this Memorandum are inserted for convenience only and shall be ignored in construing the provisions of this Memorandum.
8.3    Definitions: Words and phrases have been defined in this Memorandum by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.

1st Schedule
(Tenanted Portion)

……………………………………….................................……

2nd Schedule
(Payment Schedule)

…………………………………………………………………..

9.    Execution and Delivery:
9.1    In Witness Whereof the Parties have executed and delivered this Memorandum on the date mentioned above.

____________________        ____________________
      [Tenant]           [Landlord]

Witnesses:

1. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:

2. Signature: _________________________
Name:
Father’s/Husband’s Name:
Address:

MEMO OF CONSIDERATION

RECEIVED of and from the within named Landlord the within mentioned sum of Rs.__________/- (Rupees _____________) only towards the advance and part payment of the Consideration as per the memo below:

(Rupees ______________________) only

_________________________

[Tenant]
W I T N E S S E S:

1. Signature: __________________________

2. Signature: __________________________

Format Notice of Cheque Dishonour

2010-08-28T09:20:00.030+05:30

Often we receive payment by cheque, unfortunately sometimes it gets dishonoured by the banker for insufficiency of funds in the drawer's account or for some other reasons. As a result we become bound to send legal notice to the drawer of the cheque.

Here is a format of such legal notice below, the format can be also downloaded in free .pdf version from here.

FORMAT OF THE NOTICE

REGD./SPEED POST WITH A/D.

Ref. No. __________ Date: ________

To
Mr. _____________
________________
________________

Re: Notice U/S. 138 (b) of the Negotiable Instruments

Act, 1881 as amended up-to-date.

Sir,
    Please take notice that in discharge of your existing legal liability and/or debts, you issued one A/c. payee cheque under your signature in my favour.

   Details of the said cheque are as follows: -

Cheque No. Cheque Date        Drawn on          Amount

...............      .............           ________ Bank    ...........
                                             _______ Branch
                                             _____________

    The abovementioned cheque on due presentation through my banker for encashment within its validity period, was returned unpaid vide cheque return memo dated ____________ with the endorsement “_________”.

It may further be mentioned that under Section 139 of the said Act, there is a presumption that the cheque above mentioned had been issued in discharge of a legally enforceable debt/liability owed by you.

In view of the aforesaid, I do hereby call upon you and demand you to pay me the aforementioned amount of Rs. ________/- (Rupees ________________________) only, the amount of the said dishonoured cheque by pay order or bank draft or in cash within 15 days from the date of receipt of this notice, failing which, I will be constrained to institute legal proceedings against you under the provisions of Negotiable Instruments Act, 1881 as amended up-to-date, which will render you liable to be punished with imprisonment which may extend to two year or with fine which may extend to twice the amount of the cheque or with both.

    Please treat this letter as a notice u/s. 138 (b) of the Negotiable Instruments Act, 1881 as amended up-to-date and your failure to comply with the aforesaid the abovementioned proceed¬ings under the provisions of the N.I. Act shall be initiated against you without any further reference to you.
                                                                         Yours faithfully,

                                                                           ________

Royalty Agreement - A Format

2010-08-05T12:05:00.003+05:30

This is a format of Royalty Agreement. This is specifically drafted as an agreement to be entered into by and between an Author and a Book Publisher. A free .pdf version can be downloaded also from here.

FORMAT OF ROYALTY AGREEMENT

_______________________________________

AGREEMENT

1. Date:

2. Place:

3. Parties:
3.1 ________ (Name), son / wife of ___________________, by Nationality–_______, residing at ____________________________ (with Police Station).
(Author, includes successors-in-interest and assigns)

AND

3.2    M/S.__________________________, a _______________ Concern, having its office at _______________________________ (with Police Station), being represented by its _________________, ______________________.
(Publisher, includes successors-in-interest and/or assigns)

Author and Publisher collectively Parties and individually Party.

NOW THIS AGREEMENT WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:

4.    Subject Matter of the Agreement:
4.1    Subject Property: A book in the form of a manuscripts or _______, under the name and style of _______________, written/authored by the Author and a copy whereof is set forth on Schedule A annexed hereto and made part hereof (Said Book).

5.    Basic Understanding:
5.1    Author’s Proposal: Author is willing to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher. Author doth hereby represent and warrant as stated hereinafter.
5.2    Acceptance by Publisher: Publisher doth accept the proposal of Author relying on his/her representation and warranties.
5.3    Discussions and Negotiations: Discussions and negotiations have taken place between Author and Publisher in respect of the subject matter hereof and essential terms and conditions in this regard have been finalized and agreed, which the Parties are recording hereunder.
5.4    Agreement: Pursuant to such discussions and negotiations, Author has agreed to grant and/or assign the right of the publication, sales and distribution of the Said Book to Publisher for the consideration stated hereinafter. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings, if any, are now being recorded by this Agreement.

6.    Representations and Warranties of the Author:
6.1    Sole Authorship: Author is the sole writer/author of the Said Book.
6.2    Original Work of Author: Said Book is the own original work and creation of Author and is not a copy of any other copyrighted work.
6.3    Author Absolute Owner: Author has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Publisher
6.4    Author has Good Right: Notwithstanding any act, deed or thing whatsoever done, the Author has good right, full power, absolute authority and indefeasible right to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.

7.    Transfer:

7.1    Hereby Made: Author doth hereby grant, assign and transfer to and unto the Publisher, absolutely and forever, free from all encumbrances of any and every nature whatsoever, the sole and exclusive right to print and publish the said work of Author / Said Book in book form for all the editions and revised editions and to sell and distribute in the whole territories of the world on the consideration stated hereinafter.
7.2    Restrictions: Author shall not, however, publish and/or assign/transfer the right to publish the Said Book or any part thereof during the subsistence of this Agreement in any form and/or in any manner whatsoever, including but not limited to book, e-book, weblog etc. without prior written permission of Publisher.
7.3    Other Rights: Author doth hereby grant to Publisher the right to use his/her name, photograph, signature and biographical material in, on and in connection with publications and advertisements of, containing or relating to the Said Book.
7.4    Copyright: Save as aforesaid, the Copyright of the Said Book shall remain with Author only.

8.    Consideration: Publisher shall pay to the Author the following Royalties and fees:
8.1    On each edition published in the territories of the world, except otherwise provided in this agreement, a royalty at the rate of __% (__ per cent) of the discounted price at which the books are sold by the publisher to booksellers, agents, distributors etc., (and not the printed price) for the number of copies actually sold.
8.2    POVIDED ALWAYS THAT royalties and fees shall only be payable upon amounts actually received by Publisher and no royalties and fees shall be payable in respect of any copes given away for review or other purposes, destroyed by fire, water, enemy action, in transit or accident.
8.3    Publisher will prepare every year a statement of accounts showing the sales of the Said Book, submit the same to Author and will make payment to Author, or his/her legal/authorised representatives.
8.4    The Royalty is firm and non-escalable.

9.    Other Terms and Obligations:
9.1    Publisher shall print the Said Book within the reasonable time mutually agreed upon by the parties hereto.
9.2    Author will neither write nor revise any other rival book against the Said Book for any other publishers or publish any rival book against the Said Book either by himself/herself or otherwise.
9.3    The time when a new edition or revised edition will be published is to be solely decided by Publisher. The terms and conditions for such new edition or revised edition will be the same as those of this agreement. In such events, however, the Author shall have the option of editing and preparing the same for the press.
9.4    PROVIDED ALWAYS THAT in case of Author’s inability or death, the Publisher shall be at liberty to have it revised by any other person of the PUBLISHER’S choice and will have the right to use the name of the AUTHOR in that and all subsequent editions as previously used in the first edition.
9.5    Author shall be responsible against all claims, demands, damages or loss or costs, which the Publisher may sustain on account of any claim that the Said Book and/or work of Author infringes the copyright or intellectual property right of any person. Author shall promptly bear all expenditure in defending the case in the event of institution of any suit or action or proceeding instituted against Publisher in this behalf.
9.6    In case of infringement of the copyright Author shall be solely responsible and shall face the consequences.

10.    Consequences of Breach:
10.1    Of Author: In the event of Author committing breach of performance of any of his/her obligations contained herein, Publisher shall be entitled to terminate this Agreement, in which event, Publisher will be entitled to get remedy as specified in clause 13 hereto.
10.2    Of Publisher: Notwithstanding anything contained in any of the Clauses under this Agreement and subject to the Author complying with all his/her obligation as contained in this Agreement, in the event of there being any breach by Publisher, the Author will be entitled to get remedy as specified in clause 13 hereto.

11.    Miscellaneous:
11.1    Revocation of Previous Understanding: This Agreement is the only contract and understanding between the Parties. All previous discussions and writings, if any, stand revoked and replaced by this Agreement. The provisions of this Agreement shall remain binding upon the Parties unless modified in writing by bilateral instruments.
11.2    Language: All documents to be furnished or communications to be given or made under his Agreement shall be in English Language.
11.3    Custody of Agreement: The Original of this Agreement shall be with the Publisher and the Author shall retain the Duplicate copy.

12.    Notice:
12.1    Mode of Service: Except as otherwise expressly provided therein, all notices shall be in writing and shall be transmitted by pre-paid Registered Post at the addresses of the Parties mentioned hereinbefore.
12.2    Change of Address: Either Party may from time to time change his/her/its address for receipt of notice or other communications provided for in this Agreement by giving to the other not less than 15 (fifteen) days prior written notice.

13.    Arbitration: Disputes arising out of this Agreement shall be referred to the sole Arbitration of a single Arbitrator (Sole Arbitrator), being a reference within the meaning of the Arbitration and Conciliation Act, 1996.

14.    Interpretation:
14.1    Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
14.2    Headings: The headings in this Agreement are inserted for convenience only and shall be ignored in construing the provisions of this Agreement.
14.3    Definitions: Words and phrases have been defined in this Agreement by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.

15.    Execution and Delivery:
15.1    In Witness Whereof the Parties have executed and delivered this Agreement on the date mentioned above.

____________________        ____________________
     [AUTHOR]    [PUBLISHER]

Witnesses:

1. Signature: _________________________
    Name:
    Father’s/Husband’s Name:
    Address:

2. Signature: _______________________
    Name:
    Father’s/Husband’s Name:
    Address:
________________________________________________

THIS WRITING IS NOT A LEGAL ADVICE. YOU SHOULD CONSULT WITH A LEGAL ADVISOR IF YOU HAVE PROBLEM RELATING TO THE ISSUE DISCUSSED HEREIN.
_________________________________________________________________________________

Goods & Services Tax (GST)

2010-07-22T21:29:00.001+05:30

Goods and Services Tax (GST) was recommended by the Thirteenth Finance Commission. In December, 2009 the Task Force submitted its report (Report of the Task Force on Goods & Services Tax), wherein the 'dual levy' system was recommended.

The Goods and Services Tax (GST) is planned to be implemented from the next financial year. The Finance Minister of India, Pranab Mukherjee on July 21, 2010 proposed for a three-tier structure for the Goods and Services Tax (GST) , the new indirect tax regime.

The three-rate structure of the Goods and Services Tax (GST) - 20 per cent for goods, services will attract 16 per cent and 12 per cent for the essential items. The revenue from the Goods and Services Tax (GST) will be shared equally by both the Central and the State.

Upon implementation of the Goods and Services Tax (GST), the other Central and State taxes like excise, VAT, Service Tax etc. will be revolved thereon.

Source: THE TIMES OF INDIA

Name Misspelt on Cheque Leaf - Remedy thereof

2010-07-11T22:01:00.008+05:30

Very often we have to face the situation. We have received our payment through cheque, but unfortunately the spelling of the name of the payee thereon is wrong. And obviously when we present the cheque for encashment to our banker, we find to our astonishment the cheque amount is lying uncredited in the account, even in spite of due encashment thereof.

We must be careful to check it beforehand prior to depositing the cheque to the bank. Sometimes we know it won’t be wise enough to return the cheque to the drawer thereof for getting the correction done or receiving a fresh cheque. Somehow it is time consuming also.

Instead when depositing the cheque, we have the option to give an undertaking thereby indemnifying the bank authority in the event of any future claim or dispute in respect of the said cheque amount and requesting to credit the account with the amount of the cheque. I think, this is a handy remedy of the issue.

A format of the undertaking is given below in the form of an application. The free .pdf format is also downloadable from here.
THIS WRITING IS NOT A LEGAL ADVICE. YOU SHOULD CONSULT WITH A LEGAL ADVISOR IF YOU HAVE PROBLEM RELATING TO THE ISSUE DISCUSSED HEREIN.

THE FORMAT ABOVEREFERRED TO:

Date: ………………….

From:

…………………………

……………………………

…………………………..

The Branch Manager,

…………….. Bank,

………….. Branch,

………………….

……………………...

Ref: …….. Account No. …………..

Dear Sir,

I have the abovereferred account with you.

I am depositing herewith one Account payee cheque bearing No. ………………. dated ………………….. drawn on ………………..Bank, ………………………………. Branch, …………….. for Rs. …………../- (Rupees ………………………..) only issued in my favour for encashment thereof. Because of some bonafide mistake my name has been wrongly mentioned as ‘…………………………..’ instead of ‘……………………………….’ on the cheque leaf.

I do hereby confirm and declare that ‘……………………………’ and ‘……………………………..’ is the same and identical person. I undertake to indemnify the Bank against any future claim in case of credit of the cheque amount in my above referred account after realization of the same.

In the premises, you are requested to credit my above referred account with the said cheque amount upon due encashment thereof.

Thanking you,

Yours faithfully,

(Signature of the Account Holder)

Encl: 1) The abovementioned cheque

2) The duly filled in Pay-in-slip

RBI Guideline on Cheque Writing - Impact on Cheque Dishonour

2010-07-08T01:56:00.005+05:30

One should change his cheque writing behaviour as the RBI's new cheque writing Guideline has become effective on and from the 1st July, 2010. Section 1.8 of the Annexure to RBI Circular DPSS.CO.CHD.No.1832/04.07.05/2009-2010 dated February 22, 2010 specifically deals in "Prohibiting alterations / corrections on cheques". The Section is reproduced hereunder:

"Prohibiting alterations / corrections on cheques : No changes / corrections should be carried out on the cheques (other than for date validation purposes, if required). For any change in the payee’s name, courtesy amount (amount in figures) or legal amount (amount in words), etc., fresh cheque forms should be used by customers. This would help banks to identify and control fraudulent alterations."

As such the bank will return or reject a cheque having alteration on - (i) Payee's name, (ii) Amount in figure and (iii) Amount in words. However, in terms of the said Section the date alteration will be allowed.

Impact of the new guideline : One must be very careful in writing a cheque, as any casual mistake will result in dishonour of the cheque by the bank and such dishonour will cost both in time and money.

Other aspects of the new cheque writing guideline : In case of a dishonour of a cheque under certain circumstances, Section 138 (Dishonour of cheque for insufficiency, etc., of funds in the accounts) of THE NEGOTIABLE INSTRUMENTS ACT, 1881 is attracted. The Section provides for punishment to the drawer of the cheque being dishonoured under the circumstances specified in the Section.

Now this is to see whether the dishonour of cheque by the bank in view of the aforesaid guideline also attracts that Section 138 or not. We have to wait till such occasion of cheque dishonour and the matter is decided in the Hon'ble Court.

Service Tax on Construction Services

2010-07-04T23:22:00.002+05:30

With the enactment of the Finance Act, 2010, certain changes have been brought in the matter of Service Tax. Section 76 and 77 of the said Act (14 of 2010) are related to Service Tax issues. This has a reference to my previous post.

Now I am on the point of the Construction Services.

As referred there: "In the Finance Act, changes have been made in the construction services, both commercial construction and construction of residential complex, using ‘completion certificate’ issued by ‘competent authority’. Before the issuance of completion certificate if agreement is entered into or any payment is made for sale of complex or apartment in residential complex, service tax will be leviable on such transaction since the builder provides the construction service. Completion certificate issued by a Government authority was prescribed as demarcation by introducing an Explanation in the Finance Act. During the post budget discussions, it was pointed that practice regarding issuance of completion certificates varies from state to state. Considering the practical difficulties, the scope of the phrase ‘authority competent’ to issue completion certificate has been widened by issuing an order for removal of difficulty ( Refer M.F.(D.R) Order No.1/2010 dated 22nd June 2010). Completion certificate issued by an architect or chartered engineer or licensed surveyor can be now taken to determine the service tax liability."

Issuance of notifications after enactment of the Finance Act, 2010

2010-07-03T17:30:00.001+05:30

Government of India

Ministry of Finance

Department of Revenue

Tax Research Unit

***

Gautam Bhattacharya

Joint Secretary, Tax Research Unit

Telephone No.011-23093027

Fax No.011-23093037

E-mail: g.bhattacharya @ nic.in

D.O.F.No.334/03/2010-TRU

New Delhi, dated 1^st July 2010

Dear Madam/ Sir,

Subject: Issuance of notifications after enactment of the Finance Act, 2010:

The Finance Bill 2010 was enacted on 8^th May 2010. Section 76 and 77 of the Finance Act, 2010 (14 of 2010) pertain to service tax issues. Certain new taxable services were introduced and certain changes in the scope of the existing taxable services (under section 65, with consequential changes in section 66 of the Finance Act, 1994) were made under section 76 of this Act. The provisions of section 76 (A) & (B) (except retrospective provisions relating to commercial coaching and training and renting of immovable property services) were to come into effect from a date to be notified, which is also known as appointed date. This date has been notified to be the 1^st day of July 2010 (Refer Notification No.24/2010-Service Tax dated the 22^nd June 2010).

2. Services provided or payments made prior to the effective date;

2.1 Vide Finance Act, 2010, eight new services were added to the list of taxable services while the scopes of nine existing services were modified. As these changes become effective from 01.07.2010, activities that are covered under taxable service categories due to above additions or modifications, would start attract service tax from this date. It is however, possible that a part or full payment of the consideration for such services provided after the appointed date has already been received prior to that date, i.e. advance payments. The examples are: where a domestic air journey performed after 1^st July 2010, but the ticket is issued on payment prior to such date or where a construction activity falls within the taxable service only after the said date but the payment (full or in part) has been made before this date. While legally tax is payable on such amounts received, it has been decided to specifically exempt service tax on that partial or full amount which is received by the service provider/ person liable to pay the tax (and not by an agent, who in turn transfers such amount to such person after this date) before 01.07.2010, pertain to a service which has become taxable on account of the provisions of the Finance Act, 2010 and is provided on or after 01.07.2010. Any amount received after 01.07.2010 by the service provider/ person liable to pay the tax would be subjected to tax. (Refer Notification No.36/2010-Service Tax dated the 28^th June 2010 as corrected vide corrigendum dated 29^th July, 2010).

3. Transport of passenger by Air service:

3.1 As stated in the Letter D.O.F.No.334/1/2010- TRU, dated 26^th February 2010, in Budget 2010, service tax on transport of passengers by air was extended to cover all domestic and international air passengers embarking in India with effective tax rates as given below:

(a) ten percent (current rate of service tax) of the gross value of the ticket or rupees one hundred per journey, whichever is less, for passengers travelling in any class, within India;

(b) ten percent (current rate of service tax) of the gross value of the ticket or rupees five hundred per journey, whichever is less, for passengers embarking in India for an international journey in economy class:

The aforesaid rates are subject to non-availment of CENVAT credit. (Refer Notification No.26/2010-Service Tax dated 22^nd June 2010). All charges except statutory levies (levied under a law for time being in force), if any mentioned in a ticket is to be taken as ‘gross value of the ticket’ for this purposes.

3.2 Exemption from service tax has also been provided on journeys to and from North-Eastern States (i.e. Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura) from the service tax (Refer Notification 27/2010 - Service Tax date 22^nd June 2010). Considering that Bagdogra airport, though located in West Bengal being the gateway airport for Sikkim, has also been accorded this benefit.

3.3 Doubts have been raised that in case a ticket covers more than one domestic journey/flight/sector (say Mumbai-Delhi-Mumbai), whether Rs. one hundred would be charged for each journey/flight/sector (i.e. in the aforementioned example one for Delhi-Mumbai flight and one for Mumbai-Delhi flight) or would it be charged once for the entire ticket. In this regard, it is clarified that since the taxable activity relates to ‘embarkation in India for domestic journey….’, each time such embarkation in India takes place the tax is chargeable. In other words tax would be separately chargeable for each journey/flight/sector. In this regard the clarifications issued vide circular No. 96/7/2007-ST dated 23.07.2007 has no application as the said circular did not cover situations of multiple embarkations in India. Similarly, in round trip tickets involving multiple journies/flights/sectors with one of the sector involving embarkation or disembarkation at North-Eastern States /Bagdogra, the journey/flight/sector that involves embarkation or disembarkation at North-Eastern States /Bagdogra would alone be covered under aforesaid exemption.

3.4 Since the scope of air transport of passenger service has been modified vide Finance Act, exemption, which were available earlier to crew of the aircraft operator, and international transit passengers by way of definition in the Act have been retained vide Notification (Refer Notification No.25/2010-Service Tax).

3.5 The scheme of tax on passengers embarking in India for an international journey in higher classes (i.e. other than economy class) remains unchanged.

3.6 As per the provisions of Rule 4A of the Service Tax Rules, 1944, invoice/ bill/ challan is required to be issued by the provider of taxable service within 14 days of the provision of the taxable service or the receipt of the consideration. In case of air-travel, the airlines or the agent may not issue a separate invoice to the passenger but may issue the ticket showing the price of such ticket as well. In such a case, the requirement of an invoice would cast an additional compliance burden on the service provider. Hence the said rule is amended to provide that in case of this taxable service, the ticket (in any form, including electronic form whatever may be the name) showing the name of the passenger, description of the journey (details like place of embarking and disembarking, class of travel, flight number, etc.,) and the amount of service tax collected would be deemed to be the invoice/ bill /challan for the purposes of the rule (Refer Notification No.39 / 2010-Service Tax as corrected vide corrigendum dated 30 th July 2010).

4. Port and Airport Service

4.1 In the Finance Bill, 2010, with intent to ease the classification disputes, the definitions of port, other port and airport services were amended to comprehensively cover under their ambit, all services provided within an airport or a port or other port irrespective of whether or not such activities are authorised by the authorities or whether or not they are otherwise classifiable as distinct taxable services. In effect all services that are wholly rendered within the prescribed area of the port or other port or an airport, are to be classified within the ambit of ‘port services’ or ‘airport services’.

4.2 During the post budget interactions with the stakeholders, apprehensions were expressed that that the change may have certain unintended effects and certain services (including certain essential services) hitherto exempted, may attract service tax unintentionally. Further, it was also pointed that the abatements and exemptions presently available under individually defined taxable services would get denied when provided within airport or port merely as they would now be taxable under newly introduced taxable services.

4.3 In order to address these genuine concerns, the following measures have been taken,-

(i) Certain basic activities undertaken within airports and ports have been kept out of the tax by exempting them. (Refer Notification No.31/2010 - Service Tax dated the 22^nd June 2010);

(ii) Service tax paid on certain taxable services that are used in relation to or for export of goods are eligible for refund under Notification No. 17/09-ST. Presently, the list of eligible services under the said notification includes port service but does not include ‘airport service’. In order to correct the anomaly, the said notification has been amended to include ‘airport service’ in the list of eligible services under the said refund scheme (Refer Notification No. 37/2010-Service Tax, dated the 28^th June 2010).

(iii) Commercial and Industrial construction service in relation to airport is excluded from service tax, in the definition itself. As such services would now be classified as ‘airport service’ when provided wholly within the airport, exclusion has been now provided by way of an exemption notification (Refer notification No. 42/2010-Service tax, dated the 28 th June, 2010)

(iv) Construction of ports was not excluded under the erstwhile definition from exclusion similar to that was available for airports. To bring parity in this matter, commercial and industrial construction service provided within the port area, in relation to construction, repair, alteration, renovation of wharves, quays, docks, stages, jetties, piers and railways is exempt from the whole of service tax (Refer Notification No. 38 /2010-Service Tax, dated the 28^th June 2010).

(v) Currently abatements are available to certain services such as ‘Renting of a cab’, 'Erection, Commissioning & Installation Service’, ‘Goods Transport Agency service’ and ‘construction services’. Similar abatements would be available to such services, when provided wholly within an airport or a port or other port, under the new definition of airport or port or other port services. (Notification No. 40/2010-ST dated 28^th June, 2010 as corrected by corrigendum dated 30^th June, 2010 and notification no. 43/2010-ST, dated 28^th June, 2010 refers)

(vi) Exemptions/exclusions are available to warehousing of agriculture products and cold storage facilities under 'Storage & Warehousing Service, transport of export goods in an aircraft by an aircraft operator and site formation and clearance, excavation and demolition services etc. when provided in the course of construction Port or airport. These benefits would continue to be available when such services are provided wholly within port/airport and are classified under port/ airport service (Refer Notification No. 41/2010-ST, dated 28^th June, 2010 refers).

4.4 All other services carried out within a port or other port or an airport would be subjected to service tax under the category of port/other port/airport services.

5. Sponsorship Service

As per the provisions of the Finance Act, 2010, the definition of existing taxable service, namely ‘the Sponsorship Service’ was amended to remove the exclusion available for sponsorship pertaining to sports. The measure was taken to prevent exclusion benefiting certain sponsored sports events, which are organized by private organizations or business entities as commercial ventures. However exemption is provided for sponsorship services with reference to certain sports championships or tournaments, such as national tournament (Refer Notification No. 30/2010 - Service Tax dated 22^nd June, 2010).

6. Construction services:

6.1 In the Finance Act, changes have been made in the construction services, both commercial construction and construction of residential complex, using ‘completion certificate’ issued by ‘competent authority’. Before the issuance of completion certificate if agreement is entered into or any payment is made for sale of complex or apartment in residential complex, service tax will be leviable on such transaction since the builder provides the construction service. Completion certificate issued by a Government authority was prescribed as demarcation by introducing an Explanation in the Finance Act. During the post budget discussions, it was pointed that practice regarding issuance of completion certificates varies from state to state. Considering the practical difficulties, the scope of the phrase ‘authority competent’ to issue completion certificate has been widened by issuing an order for removal of difficulty ( Refer M.F.(D.R) Order No.1/2010 dated 22^nd June 2010). Completion certificate issued by an architect or chartered engineer or licensed surveyor can be now taken to determine the service tax liability.

6.2 After the Budget was introduced views were expressed that the tax liability on construction sector has been tightened at a time when the sector was recovering after recession. After considering the issue, abatement available for construction of industrial or commercial complex and also residential complex has been prescribed as seventy five per cent. This means now tax incidence will be the rate of service tax applied on twenty five per cent of gross value of commercial or residential complex or unit, broadly representing the service component in the construction, subject to conditions (Refer Notification 29/2010-Service Tax, dated 22^nd June 2010). Importantly seventy five percent abatement will be applicable only if the gross value of commercial or residential complex or unit includes cost of land. Otherwise the existing rate of abatement of 67% would continue to apply.

6.3 Exemption has been provided for construction of residential complex service, when the same is rendered as part of Jawaharlal Nehru national Urban Renewal Mission (JNNURM) and Rajiv Awaas Yojana (Refer Notification No.28/2010- Service Tax, dated 22^nd June 2010). These are flagship schemes of the Government of India to provide shelter for the poor and the disadvantaged and hence taxable service of construction of complex in the context of these two development schemes have been kept out of the ambit of service tax.

7. Transport of Goods by Rail

7.1 Service tax on transport of goods by railways was introduced vide Finance (No.2) Act, 2009, to bring parity between all modes of transportation of goods. The levy is not yet operational and this levy will now take effect from January 2011 (refer Notification No.33/2010- Service Tax, No.34/2010- Service Tax, No. 35/2010- Service Tax all dated 22^nd June 2010).

8. Transmission of Electricity:

8.1 Vide Budget notification 11/2010-ST, dated 27^th February 2010, transmission of electricity was exempted from service tax. Subsequent to post budget discussions, taxable service provided by a distribution licencee or a distribution franchisee authorised to distribute power under the Electricity Act, 2003 for distribution of electricity is also exempt from levy of service tax ( Refer Notification No.32/2010-Service Tax dated 22 nd June 2010).

9. Certain issues arising out of the budgetary changes and the post-enactment legislations (especially taxes pertain to real estate sector) may not have been covered in this communication. While some of the requests/ suggestions are under examination, I look forward to receive your valuable feedback and suggestions on any other unresolved issues. Kindly send them to me, or to Mr. J.M. Kennedy, Director (TRU) or Mr. Samar Nanda, Technical Officer (TRU) within a fortnight so that all such issues can be taken up and clarified wherever needed.

Regards,

Yours sincerely,

-signed-

(Gautam Bhattacharya)

All Chief Commissioners / Directors General

All commissioners of service Tax

All commissioners of Central Excise

All commissioners of Central excise and Customs