Bhagtani – Jaycee Court Proceedings

DO U AGREE WITH BELOW MENTIONED SUBMISSIONS IS IT NOT SHAMEFUL FOR MCHI TO HAVE SUCH PERSONS AS OFFICE BEARERS/MANAGING COMMITTEE MEMBERS? Mumbai, 29th September, 2017: The hopes of hundreds of victims of Bhagtani builders ill-fated Riyo project in Mira Road today when Justice Revati Mohite Dere of Bombay High Court gave a strict order requiring Dipesh, Mukesh and Lakshman Bhagtani to pay back Rs 22 crore to the victims within 6 months, as a pre-condition for their anticipatory bail.

Click here to read today’s order in Criminal Anticipatory Bail Application no. 1553 of 2017, wherein there were roughly 175 interveners in four Criminal Applications (CA no. 862, 882, 901 and 910 of 2017).

 

MAIN POINTS IN TODAY’S ORDER:

1) Counsel for Bhagtani builders was forced to undertake that (a) the builders will deposit Rs.22 crores (as per the judge’s directions on 15th Sept), in 6 equal installments, within six months from today (b) that the first installment will be deposited on or before 12th October, 2017 and (c) the balance 5 installments, thereafter, within one month each and (d) if there is a single default, the protection can be vacated. (e) An affidavit-cum-undertaking of the Bhagtanis stating the above is to be submitted on Tuesday, 3rd October.

2) One of the counsels for interveners pointed out that in addition to the above-mentioned list given by the police Investigating Officer, there were other 18 investors, and that he was in the process of filing an intervention application. Their amount would be an additional Rs.3-4 crores.

3) Mr Mundargi (counsel for Bhagtani builders) stated that the builders were ready to deposit the additional amount of the additional investors who are not included in the list tendered by him today, after the list and the amounts are verified.

4) The matter is now “stood over” to 3rd October, 2017 at 3.00 p.m, for tendering the affidavit-cum-undertaking of the applicants.

5) Interim protection (i.e. protection from arrest) granted earlier to continue till the next date i.e. 13th October.

 

IMPORTANT POINTS MENTIONED ORALLY IN TODAY’S PROCEEDINGS:

a) The Investigating Officer said in response to a question that Dipesh and Mukesh Bhagtani are in India. (Dipesh was on the court premises, it seems, though not in the courtroom. The whereabouts of Lakshman Bhagtani were not discussed.)

b) With reference to another another anticipatory bail application (ABA no. 1725 of 2017) filed yesterday by Bhagtani builders for protection in the case of an FIR u/s IPC sections 420, 120(B) and 34, and MOFA sections 3, 4, 5, 6, 13 and 14, Justice Mohite Dere asked why multiple agencies (i.e. Santa Cruz police station and EOW) were involved in filing FIRs on the same topic. Hence, EOW is directed to take all cases in this matter (i.e. Riyo in particular, and Bhagtani builders in general).Aggrieved Bhagtani investors, in future, please go to EOW and Santa Cruz and register FIRs.

c) It is felt that allottees should not deposit any Post Dated Cheques (PDCs) that may be in their possession. Otherwise, it will be seen as trying to take double payment from Bhagtanis.

 

THE BIG MESSAGE FROM TODAY’S PROCEEDINGS:Many FIRs have been registered by Bhagtani’s victims, and they will come up before Bombay High Court soon. The Bhagtani scam will now make headlines, and the tide will turn against them and in favour of their victims. Bhagtani victims from Sapphire, Savannah, Serenity and other projects should now gather courage to go and file FIR immediately with EOW. Join the tidal wave of Bhagtani victims fighting for their rights!

SHARED IN PUBLIC INTEREST BY
Adv Vinod Sampat

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It’s Time to Go Green: Save the Planet and Money Too

Bengaluru’s world famous eyesore, Bellandur Lake became a headlining act on national and international media, as news reports highlighted how it had caught fire, with foam coming right into pedestrians faces. A change.org campaign demanding an immediate cleanup of the lake has collected over 31,000 signatures so far, while the local authorities have installed water sprinklers around areas where it tends to froth. Yet, the problem doesn’t seem to be solvable until the city’s citizens take accountability to treat their sewage. Actually improving the cities we live in would be a lot easier if we, as individuals, take some steps that don’t just help the environment, but also actually save us a fair bit of money.

Nearly 650 million litres of untreated sewage is discharged into Bengaluru’s vicinity every day, says S Vishwanath of the Bengaluru-based company Biome Environmental Solutions. The firm works on water sustainability solutions in government schools and drought affected areas. He points out that this problem has existed for fifteen years, and it’s only after the foam started hitting the cars and two-wheelers in the city that people took notice. “It was frothing in Vishwavati Valley, where farmers had to deal with this froth since 2000. This is clearly a question of industrial consumption levels of detergents and fatty acids and other stuff which is going into the lakes,” Vishwanath says.

(Also seeSmart Cities Won’t Work Without Smart Citizens)

Vishwanath’s himself harvests water from the roof at the highest level of his home for cooking and drinking, while the water from lower roofs is used for landscaping and gardening. All the grey water (washing machine water and bath water) is funnelled through a series of filtration tanks, where grey water is stored, and plants, algae and bacteria break it down, removing phosphates and nitrates from the water. Guppies are put in so that mosquito larvae don’t breed.

greywater_filtration_feature2.jpg“The fish eat the larvae, and they are also functional indicators. If they start to die, then the water is not getting treated enough,” Vishwanath explains. Eventually, the filtered water is used for in the garden and for flushing the loo below. In theory, this water can also recharge the groundwater. An eco-san toilet installed on the roof recycles urine as fertiliser for plants, while solids are composted in blue drums, so that no human waste goes out of the house.

It’s possible to build an eco-friendly house, with features for rainwater harvesting, solar heating, and using environmentally friendly materials for construction, at around the same per-square foot cost as traditional building methods, experts say. Retrofitting can be a little more expensive, but over time, the saving from consuming less water and electricity won’t just mean a cleaner environment, but also smaller monthly bills.

According to a report, ‘green’ construction can lower energy consumption by 30-50 percent, and lower water consumption by 30-70 percent. Short term planning is a particularly big culprit; a one-star rated gadget like an A/C or geyser might be significantly cheaper than a similar product with a higher energy efficiency rating, but the added electricity it consumes has a real cost, in terms of pollution and your finances over time.

common_oxen2.jpgWaste management and chemical pollution are as big an issue as excess consumption. One of the main reasons for Bengaluru’s frothing lakes seems to be our everyday detergent – which has foaming agents, surface active agents, and phosphate. Delara Damania, founder of Bengaluru-based Common Oxenwhich makes natural cleaning agents for the home, points out that even wastewater sludge goes into farms, and comes back into our food. “The fact that nobody is regulating this is just mind-boggling,” she says.

Her startup is built around the problem of eliminating phosphates from household cleaning. “Phosphates on their own are not a bad thing, but they encourage the proliferation of water hyacinths, and other fast-growing weeds, that sort of suck out the oxygen and kill the other aquatic animals, and that’s what spoils the water bodies,” she says.

Vani Murthy, one of Bengaluru’s most active waste management campaigners, is launching a mission to get one million people to compost their green waste at home. “It’s a one week challenge, and is building up to a launch,” she says. “If you could, on your part, take care of that half a kg of waste that you generate, than asking the municipality. That’s one action that can have a direct impact on the future of the planet itself.”
Composting is one action you can do for a better world, she says. “You are dealing with 60 percent of the waste right where it is being generated, converting it into something that is so important for the soil to grow your own food,” Murthy adds. “The safest food is what you grow, because you know what you are putting in there.”

Once you understand the process of aeration, the breakdown of food into micro-organisms, Composting can be a lifetime practice, a gateway to rooftop gardening. Murthy bartered her compost for seeds in her early days, and now she has three terrace gardens growing her own food. The organic terrace gardening group on Facebook has 27,000 members, and out of that, 6,000 to 7,000 are from Bengaluru, she says. They have quarterly events where people bring their produce called Oota from Your Thota.

For the first-time composter, she recommends doing it at zero expense, using an old bucket with some holes in it. “Start off with peels, egg shells, fruit peels. Dry leaves can be added to the compost mix, as it absorbs moisture from the peels and keeps the pile balanced. It does not let the wet waste get compacted,” she says. A composting kit needs a bit of shade, and has to be protected from rain. Cow dung or sour butter milk can be used as a source of microorganisms.

“The basic rule is that it should be well aerated. If it doesn’t breathe, it becomes anaerobic, and that’s when it starts to stink. For aeration, it should not be packed in too compact – it takes a few tries to get the right balance,” she says.

Reducing your energy footprint
If you’re planning to build a green home or live in one, Teri’s Griha Rating Booklet has a bunch of useful parameters to evaluate and rank housing projects by, with a points based rating system based on various criterion. These include factors such as materials used, environmental impact, energy use, water harvesting, low-power devices, 5-star rated electronics, amount of daylight used, surface reflectivity, and cooling.

Teri’s rating system stresses on local sourcing of components – there are somethings that you lose points for – for example you can’t use Italian marble, because it has a higher carbon footprint because of the transportation cost.

Some of the things to look into include insulated walls and roof construction, which can reduce you air conditioning bill in the summer and your heating costs in the winter. Smaller windows will also help – large windows look nice, but turn your home into a greenhouse, which isn’t very suitable in India. You can also look into alternative energy, such as solar panels, and solar heating for water; rainwater harvesting can also make a big impact.

TeriGriha_graphic.jpgMaterials like teak wood, and quarried stone that has to be transported from afar are a bad idea when you’re building a new house. Fly ash bricks and locally sourced materials, design that promotes ventilation instead of air-conditioning, and planning for things like low-flow water and low-energy lighting all add up and make a big impact over time.

Prasanto Roy, who lives in India’s first Teri Griha home, which scored 96 percent overall on their Teri’s ratings, said that building a green home doesn’t come with a significant cost overhead.

“Other houses that have been built in this area cost more than this one, and they don’t even use green features. That is because they have used more expensive finishes, fittings, Italian marble,” he says. “For us, it cost ten percent more per square foot to build this house. There are some savings you get directly in the capex itself, as you need less equipment, and so on.”

Roy’s house is made of two types of fly-ash bricks, which are easily available. Around 70-80 percent of the material was locally sourced. The supply chain for green materials has improved since he built his home, with Teri’s website cataloging the suppliers. “Today, almost everything can be sourced locally, but electronics like controller systems, were imports,” he adds.

“For a typical house, depending on where you are, the one thing to focus on is cooling the home passively, so that you need less active cooling,” he explains. “Go increasingly on to LED lights, and you pick the low hanging fruits – the lights which are always on, and so on. Staircase lights can have motion sensors,” he says, so they will not only be on when needed. “A solar power is a simple enough system to add on, can be paired with an inverter or used directly, a 1 KVA solar panel for around Rs. 1.5 lakhs is a very worthwhile thing to do,” as this can help you reduce your dependence on the grid, and save significant amounts of money over time.

At the same time, low-flow fixtures reduce water waste, and your water bill as well, and rainwater harvesting can be good for the environment and will also reduce your dependence on expensive water tankers, when the municipal supply runs short.

Sriram Sharma

http://gadgets.ndtv.com/others/features/its-time-to-go-green-save-the-planet-and-money-too-764286


Maharashtra govt says display GSTIN and GST certificate or pay Rs 25,000 penalty

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The Maharashtra government in a trade circular has asked all those who have received the 15-digit Goods and Services Taxpayer Identification Number (GSTIN) to display the number on the board and certificate of registration at a prominent location at the business premises. Failing to which, the state government says, the person will be liable for penalty of up to Rs25,000.
The trade circular (43T of 2017) issued on 25 September 2017  by Rajiv Jalota, Commissioner of Sales Tax, Maharashtra states, “…every registered person should display certificate of registration at his principal place of business and at every additional place or places of business. It is also required to display his GSTIN on the name of board which should be exhibited at the entry of the his principal place of business and at every additional place or places of business. The GSTIN should be prominently displayed in bold letter so as to be easily visible to visitors, especially to the customers/ vendees.”
Rule 18 of the Maharashtra Goods and Service Tax (MSGT) Rules, 2017 mandates display of GSTIN on the name board.
“Rule 18- Display of registration certificate and Goods and Service Tax Identification Number on the name board –
•Every registered person shall display his certificate of registration in a prominent location at his principal place of business and that every additional place or places of business.
•Every registered person shall display his Goods and Services Tax Identification Number on the name board exhibited at the entry of his principal place of business and at every additional place or places of business.”
Additionally, as per the circular, there is a penalty of Rs10,000 on issuance of incorrect tax invoice. Rule 5(1)(f) of the MGST Rules says that every registered person exercising the option to pay tax under section 10 of the MGST Act i.e. every registered person opting under the composition scheme shall mention the words ‘Composition taxable person not eligible to collect tax on supplies’ at the top of the bill of supply issued by him.
Under Rule 46(b) of the MGST Rules, the person is expected to issue an invoice in unique and consecutive serial number. “However, many a times, it is seen that the invoices are not numbered in a serial manner but are randomly numbered or not numbered at all. It is to be noted that the same is against the provision of the Act and not following the provisions will attract penalty under section 122(1)(i) of the MGST Act, 2017. It is also to be noted that any deviation from the provisions will be taken seriously,” the trade circular says.
Under Section 122 (1)(i), the penalty is Rs10,000.
http://www.moneylife.in/article/maharashtra-govt-says-display-gstin-and-gst-certificate-or-pay-rs25000-penalty/51749.html

Mumbai Municipality for Waste Management

MCGM has designated officers in each Ward to help and assist with any queries on implementation of Waste Segregation.

The Ward wise list of officers and their contact numbers are shown in the image.

Let us know if you have any trouble in contacting them or if you have any further questions.

www.facebook.com/groups/togethervcan


What can you do if your employer does not pay your salary or infinitely delays it?

It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble. However, the knowledge regarding the same is not available in public domain and lawyer’s advice come costly. At ClikLawyer.com, we have been getting many such cases recently. We decided to share our best strategies for benefit of all Indians.

There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labour laws that deal with the issues of non-payment of wages or salary.

India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.

Effective September 11, 2012, the wage ceiling under the Payment of Wages Act, 1936 was increased to an average wage ceiling of INR 18,000 per month pursuant to a notification by the Indian Government. If you are not covered under this act, other remedies are still available.

Let’s see what the Payment of Wages Act has to say in this matter.

Section 4 of the payment of wages Act states –

Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

Reference 2 – Section 4 payment of wages Act

Monthly Salary Distribution Requirements:

A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.

What steps can be taken by employee:

If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.

Labour Court Time Line:

Cases have to be decided by such labour court within period not exceeding Three Monthsprovided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit.

Reference 3 – Section 33(c)(2) Industrial Dispute Act, 1947

What about executives, managers and those who earn above INR 18,000 a month?

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort. However, many lawyers are quick to jump to this. Before opting for this, ask your lawyer to exhaust other means.

What if company is not paying with a fraudulent or dishonest intent?

If an employee is affected by the company’s fraudulent activities, then he may seek some strong actions.

The following remedies would be available in such cases:

Employer Fraud Punishment:

Section 447 of Companies Act, 2013 lays down punishment for fraud.Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.Subsequent measures can be taken under Section 447 of the Act.An employee can also file a criminal case against the company under Indian Penal Code.

First Step To recover unpaid salary

Step 1: We strongly recommend sending a legal notice enumerating all the actions that you may take from a credible lawyer. Before going to a lawyer, ensure that they have some track record in doing such work. From ClikLawyer, you can file a notice like this for INR 2500 only. You should not pay above INR 3000 in any case.

Step 2: If this does not work, approaching police for a cheating case, where there is enough evidence for such fraud, is critical. At this stage, it is important to prepare a detailed case file to give to police, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. This is where a good lawyer can make a lot of difference. ClikLawyer charges INR 2500 to handle a police complaint matter at present.

Step 3: Where criminal case is not an option, or does not produce results, we recommend going for a summary suit or labour court, as the case may be. In our experience of handling such matters in large numbers, we can say that not more than 10% of such disputes need to go to this stage if the matter was handled well in earlier stages. Challenge is that lawyers are more comfortable and earns more money at this stage, so if they don’t have your interest in mind they might hurry to this stage.

Important things to keep in mind when you are trying to recover your unpaid salary

The notice is a very important psychological tool, and getting the salary in less time is a psychological game. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. However, only a few lawyers do this kind of work because it may not be very profitable for them.

There are many cases in India where employer does not pay salary for a month or couple of months and easily get away with the same. A good example is of Kingfisher Airlines. When it shut down its operations, many workers were not paid their dues.

 

Shared by Adv VINOD SAMPAT 9987622225


What is the difference between PIL, writs and petition?

 

A writ is just a written command given out by a legal authority like a court. It can be to enforce an action, or stopping an action from happening. Now, a Public Interest Litigation (PIL) is a form of writ, with just one specification that the matter is related to the general well being of the public instead of a particular litigant.

A petition is another type of writ, where the people raise a request to a legal authority demanding an action in a particular cause in the interest of general public. Usually, it’s signed by a number of people.

So, in short, PIL and petition are writs but the reverse is not always true.

I’ll quote a legal expert, Mr. M.V. Gupta, from one of the many law forums out there :

Writs are filed by individuals/corporates and other persons for reliefs in their own causes whereas the PILs are applications filed by any citizen for remedying the hardships faced by the public at large. PIL is not defined in any statute. It is the outcome of judicial activism to take cognisance of a cause at the instance of any person (whether he is personaslly affected or not) affecting the public at large. It is an exception to the doctrine of Locus Standi applicbale to actions in courts of law.

PIL
Public interest law loosely, refers to legal practices undertaken to help poor or marginalized people, or to effect change in social policies in the public interest, on ‘not for profit’ terms

WRITS
a form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way

PETITION
a formal written request, typically one signed by many people, appealing to authority in respect of a particular cause

PIL is writ only but PIL means litigation in the interest of public and not in the interest of the litigant.
It is also important to understand basic difference between a regular Writ Petition and PIL Writ Petition.
Whenever a person affected by any illegal act or omission of Public Officials or of any Public office, he may approach the High Court for issue of appropriate Writ (authoritative direction).
However a person may approach the High Court for issue of appropriate Writ in the larger public interest even when he is directly not affected by illegal acts or omissions of Public Officials. I hope the difference is quite visible.
Can a Writ Petition be Treated as a Public Interest Litigation?
Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with group can be treated as a PUBLIC INTEREST LITIGATION however,
The writ petition should involve a question, which affects public at large or group of people, and not a single individual.
Only the effected /Aggrieved person can file a writ petition.
There should be a specific prayer, asking the court to direct the state Authorities to take note of the complaint /allegation.

Writs refers to constitutional remedy for all citizens under art 226. These can be in the nature of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose, where the complainant can directly approach the high court.

PIL stands for public interest litigation. Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation. Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC INTEREST LITIGATION) on behalf of a group of person, whose rights are affected. It is not necessary, that person filing a case should have a direct interest in this PUBLIC INTEREST LITIGATION

Petition is a complaint filed by any aggrieved person for, award of remedy by court. Known also as ‘case’.

Writ: A formal, written order issued by the Court, which is to be obeyed by the individual/authority to whom it is addressed.

The Indian Constitution provides for writs for the enforcement of Fundamental Rights. High Courts can issue writs for purposes other than the Fundamental Rights, while the Supreme Court can only issue writs for the enforcement of Fundamental Rights.

Writs are of various types, such as Habeas Corpus, Mandamus, Certiorari, etc.

PIL (Public Interest Litigation): A writ filed by an individual in the interest of the public at large (rather than in the interest of the litigant, who might or might not have been affected). The main objective of a PIL is to protect public interest.

So, a PIL is a writ, but not all writs are PILs.
seeing relief on legal grounds. For example, a petition seeking issuance of a writ is known as a writ petition.

Courtesy : Adv.  Vinod Sampat

To WITHDRAW the GST applied on the co-operative housing soc. maintenance payments

As we know that 18% GST is made applicable on the maintenance payment made by very own members of the cooperative housing society to the same co-operative housing society managed by the same members themselves. I feel that this decision of the Government is not in line with the basic concept and principles of co-operative housing societies in India.

Hence, through this PIL, I appeal to Honorable Supreme Court of India to withdraw the GST (Goods and Service Tax ) applied by the Government of India on the Maintenance Payment made by very own members of the cooperative housing society to the same co-operative housing society managed by the same members of the housing society themselves. There are following valid questions to be considered before making GST applicable to the maintenance payment of the flats / house in Co-operative Housing societies:

1.   The Co-Operative Housing / Residential societies in India are maintained by the very own members of these co-operative societies. These members of the societies come forward voluntarily to serve themselves through their own services to their own flats / houses in the society. These members are neither paid any salary nor monitory benefits for their services provided by them to themselves in the co-operative societies. Meaning, members are providing their own services to themselves. So, if I am providing the service to me and that service is also consumed by me only, then why should I pay the GST tax on it to the Government for the same?

 

2.   The concept of co-operative for the housing societies is to manage the society by its members themselves, meaning there are no two distinct bodies i.e. Separate giver of services and separate receiver of the services do not exist in co-operative housing societies. It’s a one body like left leg supporting right leg and vice-versa to lift the entire load of the one body. Where is the concept of delivery of services within one body fit into this mechanism?

 

3.   Why the maintenance of the houses / flats in the co-operative societies is considered as a Business? Any logic behind it?

 

4.   We, as a resident members of the co-operative Housing society are already paying the Property Taxes on our house / flat to the Municipal Corporations, which is almost in the range of 20% to 100% of our annual maintenance. Then why are these property taxes levied on the flats if GST is also levied? Then withdraw property tax on flats.

 

5.   Co-operative societies being the end point of consumption of the material or services from the outside vendors, the materials and the services used by the co-operative societies from the outside agencies / vendors are already charged with GST and are paid by the co-operative societies and these vendors in tern pay these taxes to the Government. The final amount with GST is charged to the maintenance of the members flat within the society for such services obtained from outside. Where is the question of charging of GST to members’ come into this picture? Do the government expect us   again to charge GST of 18% on the same services to the members??

 

6.   When the members purchase the house / flat in the co-operative society, then they already pay or paid the following taxes/ duties to the State Government on the Agreement Purchase value of the flat/house in Pre-GST era.

1.   Stamp duty (6% in Maharashtra)

2.    Registration charges (Rs.30,000/-)

3.   Service tax (4 % in Maharashtra)

4.   VAT (1%).

The above taxes are almost amounting 12% of the Agreement Value. Means, State and Central Government has already earned their taxes through the purchase of the house.

The same is applicable for the purchase of the house after GST and the total taxes would be increased to huge amount of 18% GST on the Agreement / Purchase Value. We, as an individual members are paying 18% GST for the purchase of the house and we cannot claim any refund of the same.

Meaning, the State and Central Government has already earned their taxes, then why do Government want to put the GST (18%) on the maintenance of these property? What is the Government Role in maintaining these properties which are fully maintained and by the members themselves? Is government giving any insurance to these co-operative societies in return?

7.   GST is being charged on the Sinking Fund and Repair fund as well, it means more and more we save in the sinking fund for our own security of the house to re-build it in future in case of any calamities or in case of fire or in case of earthquake, we need to pay more and more taxes to government. Is government taking the responsibilities of the re-building of our houses / flats in the co-operative societies in case they are damaged, gutted in fire, or in earthquake or need to re-develop in future due to lack of original construction quality through the GST paid on these amounts??

 

 

 

8.   Moreover, most of the members of these co-operative societies are the tax payers i.e. they file their own returns on their taxable income every year. The net amount leftover after paying the direct tax on the income is used to take care of household expenses one of which is the payment of the maintenance of the house/flat in the society. Is government giving refund claims to the members for the GST paid on the house maintenance into their direct taxes??

 

 

9.   Why is the limit of GST applicability fixed to the maintenance amount of Rs.5000/- and above. What is the logic behind it?

 

10.       Why the limit of collection below 20 lacs per annum is fixed for this? Is maintaining the Co-operative societies considered as a Business?? We are not running the business of maintaining the houses / flats, we are maintaining the houses / flats on our own to live in the better condition same as we maintain our body to live in the good health condition with the co-operations of our own body parts. Why is the business approach forced on the working or maintaining of the co-operative societies by putting the collection limits of 20 lacs?

 

 

 

11.       By applying GST on co-operative societies, is government just  trying to make more money through the hard earned money of the citizens maintaining their own houses by their own in cooperative housing societies?

 

To my notice, the government has not considered most of the points listed above before applying the GST on maintenance payment made by members to co-operative housing societies managed by themselves. There is no valid logic to apply GST on maintenance payment by the members to the cooperative housing society.

Hence, I request and appeal to Honorable Supreme Court of India through this PUBLIC INTEREST LITIGATION (PIL) to consider to WITHDRAW the GST applied on the maintenance payment made by the very own members of the cooperative society to the same co-operative society managed by the  members of the same cooperative housing society themselves.

I request to provide the  stay on the applicability of GST on the Maintenance Payment of the Cooperative Housing societies till the final verdict from Supreme Court of India is given on this PIL.

 

This petition will be delivered to:

  • Chief Justice of India

Click Here to Support and sign the petition