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It’s a lot easier to keep an existing customer than to find a new one—that’s an adage that rings true for any business but especially for the business of law. If you’re working with clients who read more
It’s a lot easier to keep an existing customer than to find a new one—that’s an adage that rings true for any business but especially for the business of law. If you’re working with clients who need ongoing or periodic legal services, increasing your retention rate by as little as 5 percent can increase your profits by 25 percent or more. In other words, just a little effort put into retaining existing clients can go a long way. Let’s explore some strategies you can use to retain existing clients at your law firm.
Positive Social Proof
Even if you already have a customer’s business, reminding them that other people find your legal services valuable is important to keeping them as a customer. Positive social proof such as testimonials, news articles featuring your law firm, or announcements about your involvement in the community will go a long way in making your customers want to stay with your law firm. Positive social proof is more effective than negative social proof because it focuses on the positive qualities of your law firm instead of the negative aspects of your competitors. If you’re reaching out to customers via a newsletter, try to share positive social proof every time.
Special Status
If you’ve laid a strong foundation for attracting the right kind of clients, you can offer VIP treatment to those customers who fit your “ideal client” profile. This status could include sharing special information with your VIPs or holding special workshops that help them explore legal problems that may uniquely impact their industry. Clients who feel they are getting VIP treatment are more likely to continue to do business with your law firm, and they may refer more business your way.
Capture Momentum
As your clients make their way through the legal process, you should examine how you can be of service to them after their case has closed. This will take a little mental work to figure out what legal problems they may have and what solutions or preventative measures you can help them put in place so that they don’t run into legal issues in the future. Presenting this information to them towards the end of their current case or legal issue is critical to retaining them as a customer. If you’re able to leverage the momentum of their current legal issue to help steer them to your other legal services, you will help them and your business in the long-term.
Make It Painless
People seek out attorneys because they’re hoping to make their lives easier and reduce the amount of distress they’re experiencing. If you can make the legal process as painless as possible, you will significantly increase the chance of clients continuing to do business with you. Dealing with a legal issue is painful; lawyers who can reduce that pain are in high demand.
Have Values
Your law firm should be more than a service provider who ploughs through the legal system—you should also have a set of values that clients can connect to. Ask yourself, what do we stand for? For example, if you’re an immigration attorney, maybe your value system is about helping new Americans achieve the American dream by gaining citizenship. Any law firm that can clearly express their values is more likely to attract and keep clients who share those values.
Retaining your best clients is just as important as gaining new ones.
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By : Lynn Luong
The Supreme Court continued its strict and severe stand against the Advocate-on-Record, Mohit Chaudhary against whom it had initiated contempt proceedings for making allegations of Bench hunting. read more
The Supreme Court continued its strict and severe stand against the Advocate-on-Record, Mohit Chaudhary against whom it had initiated contempt proceedings for making allegations of Bench hunting.
A Bench consist of Chief Justice JS Khehar and Justices DY Chandrachud and SK Kaul had use very strong words for the AoR and Senior Counsel, KK Venugopal, who appeared in the case.
The lawyer is ready for an unconditional apology and withdrawing all statements made by him in the case, Venugopal said . The Bench was, however, in no mood to concede easily.
CJI Khehar said, “What he had done is just too much. He was not there in the case. He came for the mentioning at the last minute. He charged a fee for making those insinuations and you stand for him. Everybody abuses us and none of you ever stand up for us…NEVER in capital letters.”
Justice SK Kaul also supported and said.
“The biggest problem is he jumped into this matter only to make these insinuations.”
It all started two weeks ago, when Chaudhary alleged “manipulation” by the Supreme Court Registry in the listing of a case. He stated in open Court during mentioning that the matter was to go before a regular Bench and there was no need to list it before a Special Bench. However, the causelist revealed that the Bench had not changed as alleged and the same Bench which had heard the matter before was slated to hear the case. This prompted a strong reprove from the Bench.
However onn the last date of hearing, the Bench appeared not showing fear or hesitation in the face of danger, even as SCBA President RS Suri and Secretary Gaurav Bhatia turned up to apologise for the conduct of the accused lawyer.
Justice Khehar had stated,
“This attitude has emerged that you people can shout at us for anything. We are going to stop it. We won’t let you go. This is motivated and planned, to point an accusing finger at us.”
(This article is written with the help of BAR & BENCH)
Context On 11 April 2017, historic & long-awaited, a crucial public health legislation guaranteeing equal rights to India’s HIV community – Human Immunodeficiency Virus read more
Context
On 11 April 2017, historic & long-awaited, a crucial public health legislation guaranteeing equal rights to India’s HIV community – Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) (Prevention and Control) Bill, 2017 was passed by the Parliament.
As per government estimates, roughly 21 lakh people are living with HIV. The adult prevalence is in the range of 0.3%, of which around 40% are women. Despite this enormous progress and the availability of testing and treatment, stigma and discrimination against HIV affected individuals in India remains widespread.
There is a need to provide an environment to such people in which they feel protected
Prominent features of the Bill:
1. Prohibition of discrimination against HIV positive persons:
(i) employment
(ii) educational establishments
(iii) health care services
(iv) residing or renting property
(v) standing for public or private office
(vi) provision of insurance (unless based on actuarial studies).
4. Court Proceedings
Analysis of the law
What more could have been done?
India’s HIV community, however, confessed itself ‘disappointed’ as the Bill places an compulsion on the State governments to provide treatment “as far as possible”, making it weak and open to interpretation.
Additional Information
With all the major hurdles associated to the GST (Goods and Services Tax) over, Finance Minister Arun Jaitley and BJP look forward to full support from all the political parties as the GST bill read more
With all the major hurdles associated to the GST (Goods and Services Tax) over, Finance Minister Arun Jaitley and BJP look forward to full support from all the political parties as the GST bill goes to the Rajya Sabha on Wednesday.
The 4 supplementary GST (Goods and Services Tax) Legislations are - Central GST Bill, 2017; the GST (Compensation to States) Bill, 2017; the Union Territory GST Bill, 2017 & the Integrated GST Bill, 2017.
It can be predictable that the government will thrive in its goal of implementing GST from July 1. While Congress and TMC are very likely to move amendments in the upper house to block its passage, it will not affect make much difference to the soft passage of the GST bill. Seniors members of the BJP have issued a whip, asking all party members to remain present for the next two days in the House.
The bill is approaching its implementation after initial dealings were started in August 2016. After the bill passes, the issue of cascading taxes major in the country is set to be relaxed.
GST will consider central excise, service tax, VAT and other local levies to create a uniform market. GST is likely to boost GDP growth by about 2 per cent and check tax evasion.
1. See how the GST Bill course will affect you:
Q: How will customer advantage from the GST roll-out?
With the execution of GST, customers will not be subjected to double taxation. All taxes that are levied while purchasing good will include both the central government’s taxes as well as the state government’s taxes. The move would put off state governments from haphazardly increasing taxes fearing public backlash.
Q: How economic impact will it have?
GST can heighten economic growth by as much as 2 percentage points, according to Finance Minister Arun Jaitley. Greater tax fulfillment has the potential to enhance revenues for the government, serving narrow Asia's widest budget deficit and allowing more funds to be allocated to schools and highways.
Q: What is the tax rate?
The GST Council has finalised a four-tier GST tax structure of 5 per cent, 12 per cent, 18 per cent and 28 per cent, with lesser rates for necessary items and the maximum for luxury and de-merits goods, counting luxury cars, SUVs and tobacco products, that would also attract an extra cess. Furthermore, with a view to keeping inflation under check, essential items including food, which presently constitute roughly half of the customer inflation basket, will be taxed at zero rate. The cess is probable to provide additional resources to the central government to compensate states for losses incurred. This will be based on the compensation formula.
Q: Why didn't India's founders put into practice a national sales tax?
The constitution laid out the method of taxation in 1950, soon after several so-called princely states -- territories ruled by a inhabitant ruler under the British Emperor -- agreed to join the power of India. Different levels of economic development and local sensitivities necessitated a two-tier system at the time.
Q: Are all goods and services covered under the GST?
Some state have been pushing to exempt chief revenue-generating products such as alcohol, petroleum and real estate. Tax on certain luxuries -- such as a flat-screen TV, for example -- may see a far higher rate than food staples.
Q: How will the GST affect companies?
Companies will have to revamp their accounting systems, which may involve one-time investment costs. There may also be disorder in the short term as the government gets the computer software up and running. The tech "backbone" is at a "fairly advanced stage," Jaitley told NDTV on Wednesday.
Q: Will the GST affect inflation?
Prepare for a short-term spike in prices. Citigroup Inc.'s economists say countries like Canada, Australia and New Zealand saw a one-time increase in inflation after GST implementation, which normalized in a year. Modi's advisers say the impact on India's consumer prices will be negligible if the GST rate is capped at 18 percent
Q: What sectors will benefit?
Logistics companies stand to gain as it becomes easier to ferry goods across India. Other sectors largely depend on the fine print of the GST, including exemptions.
2. What will cost more and what will cost less after the implementation?
A commoner should, at least till the time the service industries do not pass on the benefit of amplified credits, budget for some increased pocket pricking on some necessary services like mobile bills, renewal premium for life insurance policies, banking and investment management services.
Similarly, some basic luxuries for a common man like WIFI and DTH services, online booking of tickets may become costlier as well.
Also, in the backdrop of quite a bit of current exemptions subsiding, various necessary services may cost an arm and a leg under the GST regime. For example, where the current exemptions are discontinued, residential rent, health care, school fees for children, courier services, commuting by metro or rail may become expensive.
With entertainment taxes getting subsumed in GST, prices of movie tickets and theatrical performances may become cheaper in most states.
Dining in restaurants may also become more pocket friendly in most states.
In terms of goods, where an exemption/ lower rate is prescribed for essential goods, GST is expected to marginally better the house economics as a whole. Further, two-wheelers, entry-level sedan (except small cars), SUVs and luxury or premium cars may become cheaper under the GST regime, depending on the current supply chain arrangement and state of operation.
Again depending on the current supply chain structure and related indirect taxes, a commoner could expect a 2% to 3% plus or minus impact on white goods like televisions, washing machines, stoves, etc.
The Government aligned with its negative outlook to deleterious goods, proposes a higher tax on 'sin goods' which essentially includes aerated drinks, cigarettes and tobacco products. Where a higher rate of around 40% is proposed on aerated drinks, the same may witness an increase in their prices.
While the above anticipations are mostly basis the information released/ statements of government officials available in the public domain, we would need to await the final structure released by the Government on classification and related rates for various goods or services. Nonetheless, with enabling of anti-profiteering and other corrective measures, GST should result in a decreased cost for most supplies to the end consumer in the long run.
(With the help of TimesNow)
It has been an easy way to lower tax burden by producing fake property rent receipt, often from parents and relatives. Such offhand disregard for tax rule was overlooked by most employers read more
It has been an easy way to lower tax burden by producing fake property rent receipt, often from parents and relatives. Such offhand disregard for tax rule was overlooked by most employers as well as taxman, who possibly felt it was a minor disobedience. Maybe, but not anymore.
The income tax department now has fine reason to insist on proof from the tax payer showing that he is indeed a genuine occupant, staying in the property in question.
A salaried employee receiving 'house rent allowance' from the employer could escape paying income tax on at least 60% of this amount by generating facade rent receipt.
Though, according to a fresh Income Tax Appellate Tribunal (ITAT)ruling, the assessing officer can now demand proof — such as leave and license agreement, letter to the housing co-operative society informing about the occupancy, electricity bill, water bill etc. — in allowing a lower taxable income as computed by a salaried employee.
"The Income Tax Appellate Tribunal (ITAT) ruling has now laid down the criteria for the assessing officer to consider the claim of a salaried employee and if necessary question its justification. This will put the onus on the salaried class to follow the rules in availing the tax rebate," said Dilip Lakhani, senior tax advisor, Deloitte Haskins & Sells LLP.
Reasonably, none of the necessary documents are available with salaried employees submitting false rent receipts. There may not be any actual rent outflow from the person as he may be staying in his relatives home and collecting a receipt signed by his father. Even if a person is a genuine tenant, the amount mentioned in the receipt may be more than what's paid. This will not pose a problem if the person receiving the rent is outside the tax net. There are numerous instances where a person may be staying independently but claiming to pay rent to a relative owning another property in the same city; or, one of member of the family claiming a loan reimbursement deduction while another submitting a false rent receipt to escape tax.
Given the widespread practice of paying tax on only a small slice of HRA, it's unclear how far tax officials would go in questioning such claims and pinning down salaried employees.
On the other hand, Income Tax Appellate Tribunal (ITAT) Mumbai's decision to strike down the HRA exemption claim of a salaried individual for rent paid to her mother could set a precedent. "Technology and stricter reporting system may make it easier for the (income tax) department. For instance, there was a time when many never bothered to pay tax on interest earned from bank fixed deposits. Today, it’s almost impossible. In case of HRA exemption, the assessing officer may crosscheck whether the address mentioned in the ITR form is the same as the property on which rent is paid," said a tax officer.
The Tribunal ruling comes a few months after the government's resolution to cap the loss on property bought with borrowed money. Till date, a person paying an interest of, say, Rs 3 lakh on a loan (he took to buy the property) and earning Rs 1.2 lakh as rent could show the difference of Rs 1.8 lakh as 'loss' and set it off against salary income to pay lower tax.
In the last Union budget it was laid down that such losses for an individual tax payer cannot exceed Rs 2 lakh.
On Tuesday, 21 March, the government made 40 amendments to the Finance Bill, 2017. Some of the major changes include lowering the legal limit on cash transactions from Rs 3 lakh to Rs 2 lakh read more
On Tuesday, 21 March, the government made 40 amendments to the Finance Bill, 2017. Some of the major changes include lowering the legal limit on cash transactions from Rs 3 lakh to Rs 2 lakh and making Aadhaar Card mandatory for filing Income Tax Returns (ITR) and for applying for PAN Card. The proposal is set to come into effect on 1 July 2017.
However, the focus of this article is on one particular amendment which will prove to be catastrophic for Indian democracy and corrupt our politics. Finance Minister Arun Jaitley surprised all by adding an amendment to the Companies Act, 2013 (text of the Act can be read here).
The cap on corporate donations to political parties was placed for a legitimate reason: to ensure that democracy could not be bought. Eliminating the cap removes the checks put in place to avoid any nexus between the government and the private sector. Eliminating the cap allows corporations to donate to parties freely – and anonymously – and thus gain political favours from select candidates. Above all, removing the cap makes it nearly impossible for independent, new candidates without influential connections or a hefty bank account to succeed in politics – because they will always be out-cashed.
“This means, for example, that an infrastructure firm could theoretically pay up to 50% of its net profits to a single party as donation without anyone getting wiser as to which party has been paid … this throws open the possibility that an order to build a highway or a railway bridge could be given to a firm and that firm could pay the donation to the party in power which placed the order with it … The beauty is that if this happens, it will be legitimate and no questions can be asked by any ethics committee of Parliament or by any CAG audit.” – A senior official with the Comptroller and Auditor General’s office to The Telegraph.
The Finance Bill also seeks to amend the Representation of People’s Act (which governs elections in India) to ensure that electoral bonds are anonymous. Firstly, electoral bonds are like promissory notes; any person can buy these bonds from a notified bank, and then deposit them in an account listed out by a political party. Those buying these bonds to put money into political parties do not have to record who they are.
It is not as if we don’t know the disastrous consequences of unlimited corporate donations to political parties. To realise that the move is both suspicious and harmful, one need only look to another large democracy: the United States. Since the US Supreme Court ruling in favour of unrestricted campaign spending in 2010, American politics has taken a violent downturn – and partisanship is at a historic high.
To understand why the PM Modi government’s move to eliminate the cap on corporate donations to political parties, one needs to understand Citizens United.
“[Because of unlimited campaign spending,] you’ll see the disappearance of transparency in government, the corruption of the press, and the diminishment of local control. For capitalism to work, you need democracy to work. And right now [the US doesn’t] have democracy. We have what I would call a corporate kleptocracy, an oligarchy by the corporations and the wealthy.” – Robert F Kennedy Jr, environmental activist & attorney, 10 October 2016, Texas.
The Indian government’s recent amendment, quite like the Citizens United ruling, puts corporate power over individual rights. Eliminating the cap on corporate donations to political parties gives private enterprises unwarranted say in the electoral process and governance. Corporations don’t have free speech, citizens do.
Are we willing to live in a democracy where a small group of super-rich individuals donate endlessly to their choice of candidates enabling them to conquer television airtime and newspaper advertisements and campaign billboards and banners? Allowing their choice of candidates to win elections, thereby cementing their ability to control these candidates even after they win? Are we willing to live in a democracy where this small group of super-rich individuals further their own interests and corporate ambitions at the expense of the rest of the country?
Hopefully not. Because such a system would not be a democracy.
The Modi government needs to rethink the amendment seriously. It is unnecessary, calamitous, and will degrade the health of our democracy, perhaps irreversibly. Since the Citizens United ruling, corporate special interests in America have dominated the political process, the media’s integrity has fallen, and public faith in the government has plummeted. The ruling sharply divided the American people and concentrated the powers of the government and the economy in the hands of a few super-rich people, who grew in clout and wealth at the expense of everybody else.
We should learn from America’s mistakes. The amendment is slated to go into effect on 1 July 2017. The government should reverse its decision for the sake of democratic values.
Source: The Logical Indian
By Dipak K Dash: Traffic congestion on Delhi roads costs around $10 billion or about Rs 60,000 crore annually. This is on account of fuel waste due to idling of vehicles, productivity loss, air read more
By Dipak K Dash: Traffic congestion on Delhi roads costs around $10 billion or about Rs 60,000 crore annually. This is on account of fuel waste due to idling of vehicles, productivity loss, air pollution and road crashes, according to a study done by IIT, Madras.
As the vehicular population rapidly grows in the capital, the study projects the congestion cost would increase to the tune of around Rs 98,000 crore by 2030 unless steps are taken to tackle the daily mayhem. It has recommended dedicated lane for buses since "the productivity loss due to congestion delays of commuters who use buses accounts for about 75% of total cost of congestion".
Congestion has become a routine on Delhi's roads despite a large number of flyovers and elevated stretches coming up in the past several years. The definition of peak hours has changed as almost all major roads remain clogged from 9 am to 9 pm and it's worst in the case of roads linking Gurgaon, Faridabad, Noida and Ghaziabad.
"One study by IIM-Calcutta in 2012 had shown how Rs 60,000 crore was being lost because of congestion on the entire NH network. Our study showed how the cost of congestion is similar only in the national capital," said Harry Raymond Joseph, one of the authors. The other two authors Gaurav Raina and Krishna Jagannathan are faculty members at IIT, Madras.
Harry said about 50% of these costs can be offset by making a single infrastructural change — dedicated bus lanes — and using smart traffic management systems. The study mentions buses are the most popular means of road transport catering to about 60% of Delhi's total demand and the average occupancy in buses is 20 whereas the average occupancy in cars and two-wheelers is 2.2 and 1.2 persons respectively.
A study conducted by Maharashtra's transport department last year had shown that one bus can replace 35 private cars and thereby reduce congestion. Another study by a global automobile major in 2015 had shown that congestion was the main reason for anxiety for at least six out of every 10 Indian drivers on the roads.
Pitching for the government to put greater emphasis on buses, the study has recommended, "In order to make dedicated bus lanes effective, it would be important to have more frequent and more comfortable buses. This could also help in shifting a fraction of the motorists to buses. Additionally, it would be prudent to employ state-of-the-art scheduling policies for buses."
It has also suggested the need to employ intelligent traffic management systems including smart traffic lights to reduce fuel wastage.
Making Aadhaar number mandatory for filing of Income Tax returns is necessary to curb tax evasion and frauds, the government said today while rejecting the opposition demand for a relook at the move. read more
Making Aadhaar number mandatory for filing of Income Tax returns is necessary to curb tax evasion and frauds, the government said today while rejecting the opposition demand for a relook at the move.
Finance Minister Arun Jaitley replied in the affirmative when a BJD member questioned in the Lok Sabha whether the government was "forcing" the people to have Aadhaar number by making it mandatory.
He, however, ruled out imposing any tax on agriculture income, saying it is a state matter.
He was replying to a debate on the Finance Bill 2017, which was later passed by the House along with 40 official amendments, including the one on reducing the cap on cash transactions from Rs 3 lakh to Rs 2 lakh from 1 April.
Just before the bill was passed, BJD members staged a walkout over the Aadhaar issue while Congress members walked out as the government gave no commitment to waive farm loans.
The amendments also included the merger of tribunals of different ministries and a proposal for launching electoral bonds.
Jaitley said the cap on cash transactions is being reduced to curb generation of black money and the move to introduce electoral bonds is for cleansing the political funding.
"To encourage digital economy and to discourage cash economy, I had proposed in Budget that there will be a ban on cash transactions of over Rs 3 lakh. I am making it Rs 2 lakh by an amendment," he said.
On cleansing of political funding, he asked the political parties to give "advice", saying the government will consider all the suggestions while drafting the final policy on this.
To make electoral funding clean and transparent, the Budget had proposed that funding should be in the form of digital or cheque and cash donations be limited to Rs 2,000. Also a electoral bond will be part of the scheme.
"I want to urge (Mallikarjun) Kharge, it is not about any specific party. We want a big party like Congress and all other parties to give a suggestion in a formal way, then we will consider them while formulating the electoral bond scheme, because the issue cuts across the political lines. So to clean the system, suggestions will be necessary," he said.
As parties like BJD opposed the move to make Aadhaar mandatory for filing of Income Tax returns and making PAN application, Jaitley said linking of Aadhaar with PAN was necessary as people have multiple PAN cards and are using it as a tool for tax evasion.
"Aadhaar has biometric details, so its chances of misuse become minimal. When the country has so much technology, and when it is being put to use, then why create such a hue and cry about it? It is an anti-evasion measure which will benefit the country. So the government considers it right to implement it," he said.
Jaitley said the UIDAI had been conceptualised by the previous UPA dispensation and the NDA government is putting it to use with 98 per cent adults or more than 108 crore people in India having been issued Aadhaar number.
"We have kept a provision that a person who does not have Aadhaar can say I have applied for Aadhaar. We can't allow people to say I will not make Aadhaar, but through multiple PAN cards will continue to evade taxes," he said.
Bhartruhari Mahtab (BJD) said the Supreme Court had said in September last year that Aadhaar is not mandatory and wanted to know whether the government was "forcing" people to have it.
"Yes, we are," he said, adding, "If the technology, which has a network of 108 crore people and all tax-paying households have it, and they give it along with their ITR, then the scope for fraud and tax evasion comes down."
With regard to taxation of agriculture income, Jaitley said "Centre does not have the power to impose tax on agriculture. It is outside the legislative competence of
Parliament... It is a state subject... There is no tax on agriculture and it won't be levied."
During the discussion on the finance bill, Mahtab had raised the issue of imposition of tax on agriculture income.
Jaitley said the government will achieve the tax collection target of a "record" Rs 17 lakh crore as provided in the Revised Estimate.
Hoping that Goods and Services Tax (GST) will be introduced from July 1, Jaitley said a consensus has been arrived at between the Centre and states on most of the
contentious issues in the GST Council meeting.
"The government will bring before Parliament four GST legislations and there will be a fifth legislation as the Excise and Customs Acts will have to be amended. We will bring these legislations together to Parliament in the next few days," he said.
The GST Council has already cleared five legislations-- CGST, IGST, UTGST, GST Compensation Law and the SGST. The Union Cabinet earlier this week cleared the Central GST (CGST), Integrated GST (IGST), Union Territory GST (UTGST) and the Compensation law.
Source: Firstspot
The Lok Sabha passed the Finance Bill, 2017 with a voice vote on March 22 with a string of new legislations. One of the provisions added to the bill which is a nightmare for even an honest, taxpaying read more
The Lok Sabha passed the Finance Bill, 2017 with a voice vote on March 22 with a string of new legislations. One of the provisions added to the bill which is a nightmare for even an honest, taxpaying citizen is that taxmen are now free to raid our homes on a whim. If this doesn’t scare you enough, the inability to challenge the raid before the tax tribunal, will. There are many contentious aspects in the bill. They are elaborated below.
As per section 132 of the Income Tax (IT) Act, 1961, to conduct a search and seizure operation, authorities must have “reasons to believe” that a person is in possession of undisclosed assets or is unwilling to comply with the summons to provide the required information to the IT department.
However, amendments to this provision clarify that authorities need not disclose the ‘reasons to believe’ to the person being raided and the Income Tax Appellate Tribunal as well.
The IT Act, 1962, previously granted the authorities the right to seize only those assets that formed the subject of the raid or were in the books of accounts. Meaning, a baseless raid did not cause you any loss of property.
But not anymore.
The new legislations provide taxmen with the authority to provisionally seize any property of the person being raided for the vague reason – “interest of the revenue”. The property could be your personal asset or your business asset, thus rendering you bankrupt. A clause added to this absurd provision is that the provisional seizure is only for six months.
The legislation provides no provisions on how the seized property will be safeguarded during those six months, the procedure of return of the property to the owner, or what needs to be done if the property is not returned or is damaged.
Tax authorities now have unrestricted access to raid any property holding a charity event, to conduct ‘surveys’ of the property, and also demand the proprietor or any employee to provide any information they want.
Furthermore, any person present at the place, even a volunteer assisting the charitable event, can be questioned to provide any information regarding the books of accounts of the charity or any other information
As a money bill, any suggestions made to the new legislation by the Upper House of the Parliament are only a formality. Therefore, it is only a matter of time before the bill becomes a law.
Every citizen of this country, including honest taxpayers, should be terrified of its repercussions.
Firstly, it violates the privacy of the person being raided as the taxmen need not provide any reason for the search. Please note that the provision does not say that reasons do not exist, but clarifies that they need not be mentioned during the raid.
So tax authorities can simply break the lock of your house and shoulder their way in, even when denied access to your private property. And there is no escaping the harassment because their “search and seizure” cannot be challenged even before the tax tribunal.
The bill gives the taxmen the right to act with impunity and the only way to challenge the validity of the raid is to file a writ before the High Court or the Supreme Court. And we’re all aware how quickly our judicial system resolves issues.
Not to forget, if you have a previously pending case where you had challenged a search operation, all your efforts in the case have been in vain because the amendment is retrospective, going back to 1962.
The set of proposals also gives the IT department the authority to temporarily confiscate any property, personal or business, of the person being raided on grounds of “interest of revenue”. As you may have guessed, “interest of revenue” is a vague term that has no legal explanation. Even though the provision mentions ‘6 months of provisional seizure’, your entire livelihood could come to a halt due to its ambiguity.
Unrestricted rights to enter any property and questioning any person regarding a charitable event being held makes the bill even more draconian than it already is. Tax authorities can abuse/harass any charity if they feel like and disrupt its activities.
It is essential, as taxpaying citizens of this country, that we understand the dangers of the bill. The government claims that the amendments are a crackdown on India’s black money market but they’re actually nothing more than a breach of our privacy. Its potential to abuse even honest taxpaying citizens is staggeringly high. Tax authorities can use the provision to feed their personal grudges against anyone, and someone who has the right friends in the department can easily escape its wrath. Similarly, corrupt practices might lead to a raid in the house of an honest taxpayer just because of someone else’s personal vendetta.
Source: The Logical Indian
I care , because like me , i think every citizen in delhi has suffered the loss of time and money coz of being stuck in traffic And no one will disagree that the the traffic and driving sensibilities read more
I care , because like me , i think every citizen in delhi has suffered the loss of time and money coz of being stuck in traffic And no one will disagree that the the traffic and driving sensibilities of us Indians are amongst the worst in the world. We have traffic jams not becpz we have too much traffic but because no one follows any rules. And the Auto rickshaws are a law unto themselves holding our traffic and streets to ransom.
Deterioration in traffic conditions and safety on Delhi roads presents a serious problem that is no longer limited to waterlogging during monsoons. Traffic jams, chaos and worsening congestion add to the struggles of our lives, almost daily! The cause of stagnated flow of traffic is not just lack of infra or over population or more vehicles on the roads. But can be largely attributed to lack of civic sense, law & order and ineffective implementation of existing laws governing the traffic. To say that commuters, drivers and public at large have become impatient, would be wrong. The rise in impatience, leading to incidents of road rage and other crimes, is primarily due to this constant decline in traffic conditions. The daily commute is increasingly becoming longer and gruelling. Imagine the frustration when one has to drive for three hours to cover a distance of 15kms! The very law & order structure and indifference of the administration allows for traffic violators to go unnoticed or ignored.
Another challenge is the stark absence of coordination between Metro, PWD, roads & highways department, Water Board / Sewerage Board, MCD etc. These civic authorities & infrastructure agencies literally attribute to the other half of the problem, wherein traffic conditions spiral out of control whenever there is civil repairs / maintenance works in progress or infra projects are being implemented. Frequent and uncoordinated works often lead to hazardous conditions on roads that hold the city to ransom. And the callousness of authorities towards human life and personal assets further adds to the woes of citizens.
Roads choke, traffic crawls outside metro stations as auto rickshaw & other rickshaw drivers obstruct road space. Service lanes outside metro stations are heavily encroached by them that add to the existing chaos, causing severe inconvenience to commuters. Lawlessness of rickshaw drivers, lack of law to discipline them, and more significantly, lack of rules governing auto rickshaw and other rickshaw drivers have made entry and exit points at metro stations a traffic nightmare, especially during peak hours. These drivers flout traffic rules and stop randomly outside the stations in a rush to load or drop off passengers. These very auto-rickshaws drive on the streets as law onto themselves.
Traffic gridlocks on main roads and internal roads cost time and money to us commuters as well as the government. Unfortunately, our hard earned money paid in taxes is simply wasted by the government. Every year the State loses close to Rs.8000 crores in excess fuel consumption. This figure nearly triples to Rs 20,000 crores when other factors are considered such as loss of productive man hours, increased air pollution, and other issues related to traffic congestion.
The Government elected by us has been working only on a single point agenda to curb corruption. We agree that they are working towards development but it seems that their efforts are focused only towards regularising unauthorised colonies, slums etc.The urban infrastructure of the city is completely ignored. Our Chief Minister had pledged to make Delhi, the capital of the largest democracy in the world, a world class city. We ask the Chief Minister that is his "world" idea and "class" limited towards development of unauthorised colonies and slums of Delhi?
Being tax payers and proud citizens of Delhi, it is our right to demand better infrastructure and more regulated traffic system in the city. Our PIL aims to seek the following relief from the High Court :
Complete ban of parking of Auto-Rickshaws/Rickshaws outside the Metro Station, Shopping Malls and other public footfall places. Auto-Rickshaws should be provided with space to collect passengers.
Strict implementation of lane driving rule which already exist as one of the traffic rules.
Impound/Penalty on vehicles blocking free left turn at crossings.
Impound/Heavy Penalty for vehicles blocking red light free and red light crossings.
Closure of at grade openings in the median at many locations in order to stop the misuse of the same for u-turns etc.
Abolish at grade parking on roads with carriage width less than 50 feet.
Unless otherwise can be accommodated, vehicles not be parked vertically or in slant. If they can be parked on the road with carriage width more than 50 feet then they should be parked horizontally parallel to the road.
We are starting this online campaign and seek your support on the above mandate to make Delhi liveable again.
We are also open to your suggestions and feedback to be included in our PIL
This is a movement For Delhi By Delhi.
Bengaluru, India
Jaipur, India
Bhubaneswar, India
Kolkata, India
Gurugram, India
Delhi, India
Indore, India
DAYS
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"Your Transaction" means any Transaction of Documents/ Advices(s), advice and/ or solution in the form of any written communication to your Client made by you arising out of any advice/ solution sought from you through the SoOLEGAL Site.
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The SoOLEGAL Payment System Service ("Transacting on SoOLEGAL") is a Service that allows you to list Documents/ Advices which comprise of advice/ solution in the form of written communication to your Client who seeks your advice/ solution via SoOLEGAL Site and such Documents/ Advices being for Transaction directly via the SoOLEGAL Site. SoOLEGAL Payment Service is operated by Sun Integrated Technologies and Applications . TheSoOLEGAL Payment System Service Terms are part of the Terms & Conditions of SoOLEGAL Services Transaction Terms and Conditionsbut unless specifically provided otherwise, concern and apply only to your participation in Transacting on SoOLEGAL. BY REGISTERING FOR OR USING SoOLEGAL PAYMENT SYSTEM , YOU (ON BEHALF OF YOURSELF OR THE FIRM YOU REPRESENT) AGREE TO BE BOUND BY THE TRANSACTIONS TRANSACTION TERMS AND CONDITIONS.
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S-1. Your Documents/ Advice Listings and Orders
S-1.1 Documents/ Advices Information. You will, in accordance with applicable Program Policies, provide in the format we require. Documents/ Advices intended to be sold should be accurate and complete and thereafter posted through the SoOLEGAL Site and promptly update such information as necessary to ensure it at all times that such Documents/ Advices remain accurate and complete. You will also ensure that Your Materials, Your Documents/ Advices (including comments) and your offer and subsequent Transaction of any ancillary Documents/ Advice pertaining to the previous Documents/ Advices on the SoOLEGAL Site comply with all applicable Laws (including all marking and labeling requirements) and do not contain any sexually explicit, defamatory or obscene materials or any unlawful materials. You may not provide any information for, or otherwise seek to list for Transaction on the SoOLEGAL Site, any Excluded Documents/ Advices; or provide any URL Marks for use, or request that any URL Marks be used, on the SoOLEGAL Site. In any event of unlawful Documents/ Advices made available for Transaction by you on SoOLEGAL site, it is understood that liabilities limited or unlimited shall be yours exclusively to which SoOLEGAL officers, administrators, Affiliates among other authorized personnel shall not be held responsible and you shall be liable to appropriate action under applicable laws.
S-1.2 Documents/ Advices Listing; Merchandising; Order Processing. We will list Your Documents/ Advices for Transaction on the SoOLEGAL Site in the applicable Documents/ Advices categories which are supported for third party REGISTERED USERs generally on the SoOLEGAL Site on the applicable Transacting Associated Properties or any other functions, features, advertising, or programs on or in connection with the SoOLEGAL Site). SoOLEGAL reserves its right to restrict at any time in its sole discretion the access to list in any or all categories on the SoOLEGAL Site. We may use mechanisms that rate, or allow users to rate, Your Documents/ Advices and/or your performance as a REGISTERED USER on the SoOLEGAL Site and SoOLEGAL may make these ratings and feedback publicly available. We will provide Order Information to you for each of Your Transactions. Transactions Proceeds will be paid to you only in accordance with Section S-6.
S-1.3 a. It is mandatory to secure an advance amount from Client where SoOLEGAL Registered Consultant will raise an invoice asking for a 25% advance payment for the work that is committed to be performed for the Client of such SoOLEGAL Registered Consultant. The amount will be refunded to the client if the work is not done and uploaded to SoOLEGAL Repository within the stipulated timeline stated by SoOLEGAL Registered Consultant.
b. SoOLEGAL Consultant will be informed immediately on receipt of advance payment from Client which will be held by SoOLegal and will not be released to either Party and an email requesting the Registered Consultant will be sent to initiate the assignment.
c. The Registered Consultant will be asked on the timeline for completion of the assignment which will be intimated to Client.
d. Once the work is completed by the consultant the document/ advice note will be in SoOLEGAL repository and once Client makes rest of the payment, the full amount will be remitted to the consultant in the next payment cycle and the document access will be given to the client.
e. In the event where the Client fails to make payment of the balance amount within 30 days from the date of upload , the Registered Consultant shall receive the advance amount paid by the Client without any interest in the next time cycle after the lapse of 30 days.
S-1.4 Credit Card Fraud.
We will not bear the risk of credit card fraud (i.e. a fraudulent purchase arising from the theft and unauthorised use of a third party's credit card information) occurring in connection with Your Transactions. We may in our sole discretion withhold for investigation, refuse to process, restrict download for, stop and/or cancel any of Your Transactions. You will stop and/or cancel orders of Your Documents/ Advices if we ask you to do so. You will refund any customer (in accordance with Section S-2.2) that has been charged for an order that we stop or cancel.
S-2. Transaction and Fulfilment, Refunds and Returns
S-2.1 Transaction and Fulfilment:
Fulfilment – Fulfilment is categorised under the following heads:
1. Fulfilment by Registered User/ Consultant - In the event of Client seeking consultation, Registered User/ Consultant has to ensure the quality of the product and as per the requirement of the Client and if its not as per client, it will not be SoOLEGAL’s responsibility and it will be assumed that the Registered User/ Consultant and the Client have had correspondence before assigning the work to the Registered User/ Consultant.
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If Documents/ Advice is not sent to Client, SoOLEGAL will refund any amount paid to such Client’s account without interest within 60 days.
3. SoOLEGAL will charge 5% of the transaction value which is subject to change with time due to various economic and financial factors including inflation among other things, which will be as per SoOLEGAL’s discretion and will be informed to Registered Users about the same from time to time. Any tax applicable on Registered User/ Consultant is payable by such Registered User/ Consultant and not by SoOLEGAL.
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5. Any Registered User/ Consultant wishes to discontinue with this, such Registered User/ Consultant shall send email to SoOLEGAL and such account will be closed and all credits will be refunded to such Registered User/ Consultant after deducation of all taxes and applicable fees within 30 days. Other than as described in the Fulfilment by SoOLEGAL Terms & Conditions (if applicable to you), for the SoOLEGAL Site for which you register or use the Transacting on SoOLEGAL Service, you will: (a) source, fulfil and transact with your Documents/ Advices, in each case in accordance with the terms of the applicable Order Information, these Transaction Terms & Conditions, and all terms provided by you and displayed on the SoOLEGAL Site at the time of the order and be solely responsible for and bear all risk for such activities; (a) not cancel any of Your Transactions except as may be permitted pursuant to your Terms & Conditions appearing on the SoOLEGAL Site at the time of the applicable order (which Terms & Conditions will be in accordance with Transaction Terms & Conditions) or as may be required Transaction Terms & Conditions per the terms laid in this Documents/ Advice; in each case as requested by us using the processes designated by us, and we may make any of this information publicly available notwithstanding any other provision of the Terms mentioned herein, ensure that you are the REGISTERED USER of all Documents/ Advices made available for listing for Transaction hereunder; identify yourself as the REGISTERED USER of the Documents/ Advices on all downloads or other information included with Your Documents/ Advices and as the Person to which a customer may return the applicable Documents/ Advices; and
S-2.2 Returns and Refunds. For all of Your Documents/ Advices that are not fulfilled using Fulfilment by SoOLEGAL, you will accept and process returns, refunds and adjustments in accordance with these Transaction Terms & Conditions and the SoOLEGAL Refund Policies published at the time of the applicable order, and we may inform customers that these policies apply to Your Documents/ Advices. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping of any hard copy and handling or other charges) or other amounts to be paid by you to customers in connection with Your Transactions, using a functionality we enable for Your Account. This functionality may be modified or discontinued by us at any time without notice and is subject to the Program Policies and the terms of thisTransaction Terms & Conditions Documents/ Advice. You will route all such payments through SoOLEGAL We will provide any such payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), and you will reimburse us for all amounts so paid. For all of Your Documents/ Advices that are fulfilled using Fulfilment by SoOLEGAL, the SoOLEGAL Refund Policies published at the time of the applicable order will apply and you will comply with them. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable SoOLEGAL Refund Policies and as required by Law, and in no case later than thirty (30) calendar days following after the obligation arises. For the purposes of making payments to the customer (which may be in the same payment form originally used to purchase Your Documents/ Advices), you authorize us to make such payments or disbursements from your available balance in the Nodal Account (as defined in Section S-6). In the event your balance in the Nodal Account is insufficient to process the refund request, we will process such amounts due to the customer on your behalf, and you will reimburse us for all such amount so paid.
S-5. Compensation
You will pay us: (a) the applicable Referral Fee; (b) any applicable Closing Fees; and (c) if applicable, the non-refundable Transacting on SoOLEGAL Subscription Fee in advance for each month (or for each transaction, if applicable) during the Term of this Transaction Terms & Conditions. "Transacting on SoOLEGAL Subscription Fee" means the fee specified as such on the Transacting on SoOLEGALSoOLEGAL Fee Schedule for the SoOLEGAL Site at the time such fee is payable. With respect to each of Your Transactions: (x) "Transactions Proceeds" has the meaning set out in the Transaction Terms & Conditions; (y) "Closing Fees" means the applicable fee, if any, as specified in the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site; and (z) "Referral Fee" means the applicable percentage of the Transactions Proceeds from Your Transaction through the SoOLEGAL Site specified on the Transacting on SoOLEGAL Fee Schedule for the SoOLEGAL Site at the time of Your Transaction, based on the categorization by SoOLEGAL of the type of Documents/ Advices that is the subject of Your Transaction; provided, however, that Transactions Proceeds will not include any shipping charge set by us in the case of Your Transactions that consist solely of SoOLEGAL-Fulfilled Documents/ Advices. Except as provided otherwise, all monetary amounts contemplated in these Service Terms will be expressed and provided in the Local Currency, and all payments contemplated by this Transaction Terms & Conditions will be made in the Local Currency.
All taxes or surcharges imposed on fees payable by you to SoOLEGAL will be your responsibility.
S-6 Transactions Proceeds & Refunds.
S-6.1.Nodal Account. Remittances to you for Your Transactions will be made through a nodal account (the "Nodal Account") in accordance with the directions issued by Reserve Bank of India for the opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009. You hereby agree and authorize us to collect payments on your behalf from customers for any Transactions. You authorize and permit us to collect and disclose any information (which may include personal or sensitive information such as Your Bank Account information) made available to us in connection with the Transaction Terms & Conditions mentioned hereunder to a bank, auditor, processing agency, or third party contracted by us in connection with this Transaction Terms & Conditions.
Subject to and without limiting any of the rights described in Section 2 of the General Terms, we may hold back a portion or your Transaction Proceeds as a separate reserve ("Reserve"). The Reserve will be in an amount as determined by us and the Reserve will be used only for the purpose of settling the future claims of customers in the event of non-fulfillment of delivery to the customers of your Documents/ Advices keeping in mind the period for refunds and chargebacks.
S-6.2. Except as otherwise stated in this Transaction Terms & Conditions Documents/ Advice (including without limitation Section 2 of the General Terms), you authorize us and we will remit the Settlement Amount to Your Bank Account on the Payment Date in respect of an Eligible Transaction. When you either initially provide or later change Your Bank Account information, the Payment Date will be deferred for a period of up to 14 calendar days. You will not have the ability to initiate or cause payments to be made to you. If you refund money to a customer in connection with one of Your Transactions in accordance with Section S-2.2, on the next available Designated Day for SoOLEGAL Site, we will credit you with the amount to us attributable to the amount of the customer refund, less the Refund Administration Fee for each refund, which amount we may retain as an administrative fee.
"Eligible Transaction" means Your Transaction against which the actual shipment date has been confirmed by you.
"Designated Day" means any particular Day of the week designated by SoOLEGAL on a weekly basis, in its sole discretion, for making remittances to you.
"Payment Date" means the Designated Day falling immediately after 14 calendar days (or less in our sole discretion) of the Eligible Transaction.
"Settlement Amount" means Invoices raised through SoOLEGAL Platform (which you will accept as payment in full for the Transaction and shipping and handling of Your Documents/ Advices), less: (a) the Referral Fees due for such sums; (b) any Transacting on SoOLEGAL Subscription Fees due; (c) taxes required to be charged by us on our fees; (d) any refunds due to customers in connection with the SoOLEGAL Site; (e) Reserves, as may be applicable, as per this Transaction Terms & Conditions; (f) Closing Fees, if applicable; and (g) any other applicable fee prescribed under the Program Policies. SoOLEGAL shall not be responsible for
S-6.3. In the event that we elect not to recover from you a customer's chargeback, failed payment, or other payment reversal (a "Payment Failure"), you irrevocably assign to us all your rights, title and interest in and associated with that Payment Failure.
S-7. Control of Site
Notwithstanding any provision of this Transaction Terms & Conditions, we will have the right in our sole discretion to determine the content, appearance, design, functionality and all other aspects of the SoOLEGAL Site and the Transacting on SoOLEGAL Service (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of, and prevent or restrict access to any of the SoOLEGAL Site and the Transacting on SoOLEGAL Service and any element, aspect, portion or feature thereof (including any listings), from time to time) and to delay or suspend listing of, or to refuse to list, or to de-list, or require you not to list any or all Documents/ Advices on the SoOLEGAL Site in our sole discretion.
S-8. Effect of Termination
Upon termination of this Contract, the Transaction Terms & Conditions automatiocally stands terminated and in connection with the SoOLEGAL Site, all rights and obligations of the parties under these Service Terms with regard to the SoOLEGAL Site will be extinguished, except that the rights and obligations of the parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.
"SoOLEGAL Refund Policies" means the return and refund policies published on the SoOLEGAL Site.
"Required Documents/ Advices Information" means, with respect to each of Your Documents/ Advices in connection with the SoOLEGAL Site, the following (except to the extent expressly not required under the applicable Policies) categorization within each SoOLEGAL Documents/ Advices category and browse structure as prescribed by SoOLEGAL from time to time, Purchase Price; Documents/ Advice Usage, any text, disclaimers, warnings, notices, labels or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising or Transaction of Your Documents/ Advices, requirements, fees or other terms and conditions applicable to such Documents/ Advices that a customer should be aware of prior to purchasing the Documents/ Advices;
"Transacting on SoOLEGAL Launch Date" means the date on which we first list one of Your Documents/ Advices for Transaction on the SoOLEGAL Site.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier or character string, that contains or incorporates any top level domain (e.g., .com, co.in, co.uk, .in, .de, .es, .edu, .fr, .jp) or any variation thereof (e.g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the Transaction Terms & Conditions; however, as used in Terms & Conditions, it shall mean any and all such transactions whereby you conduct Transacting of Documents/ Advices or advice sought from you by clients/ customers in writing or by any other mode which is in coherence with SoOLEGAL policy on SoOLEGAL site only.
Taxes on Fees Payable to SoOLEGAL. In regard to these Service Terms you can provide a PAN registration number or any other Registration/ Enrolment number that reflects your Professional capacity by virtue of various enactments in place. If you are PAN registered, or any professional Firm but not PAN registered, you give the following warranties and representations:
(a) all services provided by SoOLEGAL to you are being received by your establishment under your designated PAN registration number; and
SoOLEGAL reserves the right to request additional information and to confirm the validity of any your account information (including without limitation your PAN registration number) from you or government authorities and agencies as permitted by Law and you hereby irrevocably authorize SoOLEGAL to request and obtain such information from such government authorities and agencies. Further, you agree to provide any such information to SoOLEGAL upon request. SoOLEGAL reserves the right to charge you any applicable unbilled PAN if you provide a PAN registration number, or evidence of being in a Professional Firm, that is determined to be invalid. PAN registered REGISTERED USERs and REGISTERED USERs who provide evidence of being in Law Firm agree to accept electronic PAN invoices in a format and method of delivery as determined by SoOLEGAL.
All payments by SoOLEGAL to you shall be made subject to any applicable withholding taxes under the applicable Law. SoOLEGAL will retain, in addition to its net Fees, an amount equal to the legally applicable withholding taxes at the applicable rate. You are responsible for deducting and depositing the legally applicable taxes and deliver to SoOLEGAL sufficient Documents/ Advice evidencing the deposit of tax. Upon receipt of the evidence of deduction of tax, SoOLEGAL will remit the amount evidenced in the certificate to you. Upon your failure to duly deposit these taxes and providing evidence to that effect within 5 days from the end of the relevant month, SoOLEGAL shall have the right to utilize the retained amount for discharging its tax liability.
Where you have deposited the taxes, you will issue an appropriate tax withholding certificate for such amount to SoOLEGAL and SoOLEGAL shall provide necessary support and Documents/ Adviceation as may be required by you for discharging your obligations.
SoOLEGAL has the option to obtain an order for lower or NIL withholding tax from the Indian Revenue authorities. In case SoOLEGAL successfully procures such an order, it will communicate the same to you. In that case, the amounts retained, shall be in accordance with the directions contained in the order as in force at the point in time when tax is required to be deducted at source.
Any taxes applicable in addition to the fee payable to SoOLEGAL shall be added to the invoiced amount as per applicable Law at the invoicing date which shall be paid by you.F.11. Indemnity
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Category and Documents/ Advice RestrictionsCertain Documents/ Advices cannot be listed or sold on SoOLEGAL site as a matter of compliance with legal or regulatory restrictions (for example, prescription drugs) or in accordance with SoOLEGAL policy (for example, crime scene photos). SoOLEGAL's policies also prohibit specific types of Documents/ Advice content. For guidelines on prohibited content and copyright violations, see our Prohibited Content list. For some Documents/ Advice categories, REGISTERED USERS may not create Documents/ Advice listings without prior approval from SoOLEGAL. |
In addition to your obligations under Section 6 of the Transaction Terms & Conditions, you also agree to indemnify, defend and hold harmless us, our Affiliates and their and our respective officers, directors, employees, representatives and agents against any Claim that arises out of or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4 regardless of whether such Unit is the actual item you originally sent to us), including any personal injury, death or property damage; and b) any of Your Taxes or the collection, payment or failure to collect or pay Your Taxes.
Registered Users must at all times adhere to the following rules for the Documents/ Advices they intend to put on Transaction:
The "Add a Documents/ Advice" feature allows REGISTERED USERS to create Documents/ Advice details pages for Documents/ Advices.
The following rules and restrictions apply to REGISTERED USERS who use the SoOLEGAL.in "Add a Documents/ Advice" feature.
Using this feature for any purpose other than creating Documents/ Advice details pages is prohibited.
Any Documents/ Advice already in the SoOLEGAL.in catalogue which is not novel and/ or unique or has already been provided by any other Registered User which may give rise to Intellectual Property infringement of any other Registered User is prohibited.
Detail pages may not feature or contain Prohibited Content or .
The inclusion of any of the following information in detail page titles, descriptions, bullet points, or images is prohibited:
Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
Availability, price, condition, alternative ordering information (such as links to other websites for placing orders).
Reviews, quotes or testimonials.
Solicitations for positive customer reviews.
Advertisements, promotional material, or watermarks on images, photos or videos.
Time-sensitive information
Information which belongs to another person and to which the REGISTERED USER does not have any right to.
Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
Information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
All Documents/ Advices should be appropriately and accurately classified to the most specific location available. Incorrectly classifying Documents/ Advices is prohibited.
Documents/ Advice titles, Documents/ Advice descriptions, and bullets must be clearly written and should assist the customer in understanding the Documents/ Advice. .
All Documents/ Advice images must meet SoOLEGAL general standards as well as any applicable category-specific image guidelines.
Using bad data (HTML, special characters */? etc.) in titles, descriptions, bullets and for any other attribute is prohibited.
Do not include HTML, DHTML, Java, scripts or other types of executables in your detail pages.
Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
Misuse
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
Reviews: Reviews
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
positive
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
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Prohibited Content
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
The
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Violations.
Listing
prohibited content may result in the cancellation of your listings,
or the suspension or removal of your transacting privileges.
REGISTERED USERS are responsible for ensuring that the Documents/
Advices they offer are legal and authorised for Transaction or
re-Transaction.
If
we determine that the content of a Documents/ Advice detail page or
listing is prohibited, potentially illegal, or inappropriate, we may
remove or alter it without prior notice. SoOLEGAL reserves the right
to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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