LAW - Concepts & Practice by Gogate Associates

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LAW - Concepts & Practice by Gogate Associates

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GOGATE ASSOCIATES (7738903331) is a full service law firm handling Criminal cases, Civil litigation, Arbitration proceedings and related litigation, Consumer Disputes and Appeals, Cooperative court cases, Matrimonial matters, due diligence etc.

20/09/2024

I am happy to announce that I have successfully completed the assessment of CiArb, London and have been granted certificate for it.

The Chartered Institute of Arbitrators (CiArb) is an International professional organisation representing the interests of Alternative Dispute Resolution (ADR) practitioners.

Founded on 1 March 1915, it was granted a royal charter by Queen Elizabeth II in 1979.

11/09/2024

Heartiest Congratulations to you Leena for your outstanding performance in securing PG Diploma in Arbitration & Mediation, conferred by Maharashtra National Law University Mumbai AND for securing FIRST PLACE in the final examination!

Your success is testament to your hardwork, dedication & expertise in the subject!!

Proud of you buddy!!!

29/05/2024

Signed by Dr. Justice D. Y. Chandrachud ...

I feel proud to inform about diploma conferred upon Adv. Leena by National Law School of India University, Bengaluru in Child Rights Law (PGDCRL) Professional and Continuing Education Programme.

It was worth waiting for the certificate as it is signed by the Chief Justice of India and Chancellor (of the University) Dr. Justice D. Y. Chandrachud and by Vice-Chancellor Dr. Sudhir Krishnaswami.

It was a year long knowledge packed course administered by the BNLSIU, Bengaluru through the elite personas of various subjects of the Course.

15/05/2024

SOCIETY REDEVELOPMENT

TAXATION - TRANSIT RENT
(Art.- II)

1. Redevelopment of the property of Co-operative Society poses many questions. Levy of Income Tax on various benefits paid by Developer to the Members of the Society is one of the important topics. In many societies where we give consultation for redevelopment, such questions are invariably asked.

2. Members of the Society are assured a Permanent Alternate Accommodation in the new building to be constructed by the Developer. The Allotment Agreement executed between Developer and Member is popularly called as “PAAA” (Permanent Alternate Accommodation Agreement). You can read our Article on PAAA at https://www.facebook.com/share/p/deFxErZcB2ha8SVB/?mibextid=oFDknk

3. Apart from a premises in new building, Developer usually also offers Hardship Allowance/ Rehabilitation Allowance/ Displacement Allowance, Shifting Allowance (to and fro) and Transit Rent to the Member. The Transit Rent is paid to tide over the expenses of Member during his stay in Temporary Alternate Accommodation, pending redevelopment. The Member may or may not actually utilize such amount to pay the rent e.g. the member may already have alternate provision of accommodation for which he may not have to pay any compensation.

4. Question therefore arises whether the Transit Rent shall be assessed as income of the Member for the purpose of Income tax and whether Developer shall deduct TDS thereon.

5. Only few days ago Hon’ble Bombay High Court has held that the Transit Rent is not considered as Revenue receipt and therefore is not liable to be taxed. The High Court also held that therefore TDS need not be deducted by the Developer while making the said payment to the members.

6. Though it seems only logical not to levy Income tax on Transit Rent, in absence of clear judgment on the point it was still causing legal difficulties for some members. This judgment has now laid down the legal position in clear words bringing solace to the concerned.

Disclaimer: for general awarness only.

Adv. Ashish Gogate
7738903331/ 9869083114

03/04/2024

Congratulations Adv. Leena Gogate for being awarded Diploma & Certificate of Competency in NLP!!

Neuro-Linguistic Programming (NLP) is a MUST HAVE TOOL for mediators. These skills aid mediator's behaviour in handling emotions in the process of Mediation. It helps to make mediation more scientific and effective.

03/02/2024

It was my pleasure to speak at the ''Prof. Javed Khan Sir Lecture Series 2023-24'
conducted by , Sanpada, Navi Mumbai.
I was invited as a keynote speaker for the subject "Arbitration: Emerging Trend for Dispute Resolution".

It was day one of a three day program. Smt. Rama Sawant Waghule, Retired District Judge, was the Chief guest.

Big shout out to Principal Madam Dr Rupali Jamode, Prof. Vinit Pareek for conducting such a magnificent event and also to the enthusiastic students of the college!!

11/12/2023

The Supreme Court upholds the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.

08/12/2023

PAAA - CONCESSION IN PAYMENT OF STAMP DUTY:

1) Payment of Stamp duty is a major burden in any transaction of transfer of property. Its calculation at times becomes confusing too. Recent notification of IGR has given relief in payment of stamp duty on certain agreements.

2) Redevelopment of property of Society involves ex*****on of different agreements between the Society, its members and the Developer, etc. After having followed the guidelines of sec. 79A of Maharashtra Co-operative Societies Act, Developer and Society enters into a Development Agreement (D.A.), with or without the signature of members as Confirming Parties. D.A. is required to be registered and full stamp duty is payable thereon, as it is considered to be ‘Conveyance’ under Article 25 of Maharashtra Stamp Act.

3) Developer thereafter enters into an agreement with individual member of the Society in respect of the flat to be allotted on ownership basis in the new building. Such agreement is popularly known as “PAAA” i.e. Permanent Alternate Accommodation Agreement. IGR, vide its earlier circulars dt. 23/06/2015 & 30/03/2017, made PAAA chargeable with stamp duty. This amounted to double taxation i.e. both on D.A. and PAAA. Recently, Hon’ble Bombay High Court quashed the said circulars. Resultantly, the IGR has issued a latest circular giving concession in the Stamp Duty payable on PAAA. Features of the circular are mentioned below for easy understanding of our patrons:

a) Development Agreement is duly stamped (whether or not it is signed by the members of the Society),

b) Development Agreement shall have annexure which include names of the members, number of their existing flat, its Carpet area, also Carpet area to be allotted free of cost in lieu thereof, etc.

c) For PAAA, stamp duty payable shall be Rs. 100/- only instead of stamp duty payable, as earlier mentioned in the schedule.

d) The concession shall apply only in respect of the area agreed to be given free of cost in the new flat. For any additional area purchased by the member, stamp duty shall be payable at usual rates.

Adv. Ashish Gogate
(7738903331/ 9869083114)

10/08/2023

It was a nice start to the “International Conference on Contemporary Developments in Arbitration” held at D. Y. Patil University today. It was day one in the two day conference which will continue tomorrow as well. The event was graced by presence of Padamshri Dr , Chairperson, Arbitration Reforms Committee, , Director, Asian International Arbitration Centre.

Welcome address was given by Dr , followed by address by Vice-Chancellor Dr & Vice President of Walter Kluwer . Chief Guest & Padamshri Dr. TK Vishwanathan and Guest Speaker and Guest of Honour Datuk Sundra Rajoo shared their experience in their speech. Speech of Dr Vijay D. Patil, Chancellor & President, Dr D. Y. Patil deemed to be University followed thereafter.

First Panel discussion was on the subject of ‘Women in Arbitration’. It was wonderful to listen to , , , , on the subject which was moderated by Dr . This was followed by presentation of paper by the participants.

Highlights for tomorrow will be Panel discussion by , (Raja)Majumdar, , , on the subject of “Maritime Arbitration” and by , , , , , on the subject of “Best Practices & Techniques for Conducting Arbitration”. The Chief guest will be Justice Ramesh Deokinandan Dhanuka, Former Chief Justice of Bombay High Court.

12/05/2023

It is my pleasure to inform that having completed training program of Asia Pacific Centre for Arbitration & Mediation (APCAM for short) I am now empanelled with APCM as International Arbitrator.
I was also given certificate of accreditation of APCAM by virtue of which I am now eligible to be appointed as an International Arbitrator in cross border disputes between APCAM member nations for value of dispute upto 1 million Euros.

Attended APCAM International ADR Summit 2023 at hotel Le Meridian New delhi.

Delegates of member Institutes of APCAM from India, Malasiya, Indonesia, Hong Kong, Thailand, Nepal, Australia, Korea attended the Summit.

Hon'ble Justices of Supreme Court of India and Delhi & Karnataka High Court, former Federal Judge of Australia, Retired justices of Nepal, former Dy. PM & chief Judge Thailand, Senior Counsels of other countries were amongst the dignitaries who participated panel discussions on the crucial and burning topics in ADR.

01/04/2023

In promotion of ADR we at APCAM are inviting participation of Arbitrators Mediators, ADR professionals, Judges, scholars and students as well, by writing paper, articles etc.

Last date for submission will be 17.04.2023. Guidelines for submissions are mentioned in the attached file.

APCAM will be publishing a Souvenir magazine on the occassion of APCAM International Summit to be held on May 6-7, 2023 which may showcase your work.

Being an IIAMian myself, I am on the APCAM IIAM Summit Technical Committee and look forward to reading interesting contents from you.

HAPPY WRITING!!

26/01/2023

The day when world's Longest Written Constitution came into existence replacing the Government of India Act of 1935 as the governing law India and history was created...

Address

Thane
400602

Telephone

+917738903331

Website

https://www.linkedin.com/in/ashish-gogate-52bb20106

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