• Coop housing society having a PAN card as a firm

Our coop housing society in Pune is existing since 2007. The new committee found the PAN card is issued for a firm. Tax returns can not be filed. The previous chairman is not answering questions in this matter and not paying his dues. How to solve this problem?
Asked 2 years ago in Property Law
Religion: Other

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9 Answers

Issue legal notice to ex chairman to pay society dues 

 

2) if he fails to pay pass resolution on MC for taking legal proceedings against him to recover society dues 

 

3) take recovery proceedings under section 101 of MCS act 

 

4) as far as PAN card is concerned consult a local CA 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

The management committee is responsible for taking action to recover the dues from the previous chairman if he is found liable for the same. 

The committee can issue legal notice and file recovery suit on the basis of documentary evidences in its support. 

If you are not able to file the report based on the PAN card pertaining to a firm,  you may ignore it and obtain a fresh card on the name of the society through your auditor and proceed accordingly. 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

It can’t be treated as a firm and is governed by MCS Act 1960

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Dear client,  

It sounds like your housing society is facing some issues related to the filing of tax returns and the previous chairman's failure to pay dues. Here are some steps you can take to solve this problem:

Obtain legal advice: It would be best to consult a legal professional who has experience in cooperative housing society matters. They can guide you on the legal options available to resolve the issue and ensure compliance with relevant laws and regulations.

Investigate the issue: The new committee can conduct an investigation into the issue to gather information and evidence. This can help identify the root cause of the problem and the parties responsible.

Contact the previous chairman: The new committee should try to contact the previous chairman and ask for their cooperation in resolving the issue. It may be helpful to provide them with information on the consequences of non-compliance.

Hold a meeting: The new committee can hold a meeting with all members of the housing society to discuss the issue and find a solution. The meeting can also address any concerns or questions that members may have.

Take legal action: If the previous chairman fails to cooperate or resolve the issue, legal action can be taken against them. The new committee can file a case in the appropriate court or forum to seek a remedy.

Overall, it is important to ensure that the cooperative housing society is compliant with relevant laws and regulations to avoid any legal or financial consequences. The new committee should take prompt action to resolve the issue and ensure the smooth functioning of the society.

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

issue legal notice to chairman how society pan card is being shown as that of firm . it is negligence on part of ex chairman 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

The society is no where related to the firm. 

Hence it is advisable to obtain a PAN in the name of society 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You can file a complaint to Dy registrar of co-operative society 

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Complaint to police.

Ravi Panwar
Advocate, New Delhi
116 Answers

Dear client,  

If the society's PAN card is registered as a firm, then the society can be considered as a partnership firm for the purpose of taking loans. As you mentioned, the previous chairman took a loan against Society Fixed Deposit in the name of the Society which was registered as a firm. If the loan has been paid back, then there should not be any financial damage to the society.

However, it is important to verify whether the loan was taken with the consent and approval of the society members and whether the loan agreement was properly documented. If the loan was taken without proper authorization, then it could be considered as a fraudulent act.

In any case, it is advisable to consult a legal expert and review the relevant documents such as the loan agreement, society registration documents, and PAN card registration to understand the legal implications and take necessary actions accordingly.

 

 

Anik Miu
Advocate, Bangalore
11017 Answers
125 Consultations

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