Residential premises cannot be used for office purposes
2) you need society NOC to use residence as your export office
3) society would not grant you permission
Having office from home
Can we operate an export office from home ? 1) This has a separate entrance in the ground floor 2) We do not use any of society facilities like lifts 3) No walk in customers and business mainly on computer 4) Maximum 5 people in office including owners. 5) If allowed, please provide relevant law details. 6) We are paying all bills as per residential property only.
Asked 6 years ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
the office can't be operated from residential premises, however, you can take approval from society regarding office and they can provide you the NOC after imposing/taking some additional charges,
As per CHS , only CA, lawyers and Doctors are allowed to practice from home and make office here society can't take any objections.
Still you want to run you office in your house and there is no disturbance to other members of society than you can ask society body to pass a resolution and allow you run the business and get the same awarded from sub-registrar of CHS of your ward.
1. Residential premises cannot be used for the commercial purpose.
A commercial activity cannot be carried from home and it would attract penalty if caught.
Certain professionals can practice from home but not export business.
Regards
No.
You can operate without causing nuisance to the society
Commercial activity can not be operated in residential area. So, no license issues. But till no objection, can operate.
And ever for unauthorized commercial activity, Commercial connection (bills) is must. Penal offense if residential connection use for commercial purpose.
Any person who seeks to import and export goods must have and IEC code, (i.e. Importer Exporter Code) which is given by Ministry of Commerce. With IEC code no person can indulge in the business of import/export. There are certain persons who are exempted from taking IEC number but considering your nature of business it is advisable to take IEC code. The benefit of taking IEC code is that you will be eligible to take exemptions and promotional schemes of Government, if any.
There is no such requirement of any import/export license.
There are different classifications for each product which is known as HS Classification given under Customs Tariff Act. The import duty depends upon the type of goods being imported.
In the cases of Lakshman Sintre v. Balkrishna Shetye, BLR page 937 and B. R. Oswas v. Laxmibai, BLR page 214 it was decided that when residential premises are used for dwelling as well as for business office purposes so however that the dominant user still remains residential, it would not be in breach of the bye-laws and regulations of the society as there is no change of user involved.
he Constitution of India, while ensuring under Article 19(1)(g) to all citizens the right to practise any trade, business or profession, has maintained a clear distinction between carrying on a trade or business as against practising a profession. The reason underlying the distinction is that unlike in a trade or business, a profession is practised without any underlying profit motive
Dear Clients
Yes you can operate an export house from residential complex.
In Mumbai, an area of 220 sq ft in a residential apartment can be used for commercial activities.
However, when there is a movement of goods from the residential premise, or if the premise is being used as a godown, the activity turns into a commercial one. This would require approvals/ licences from local municipal offices and other related authorities, such as the fire department and the local police station.
