EASYOFFICE

Section 297


10 April 2012 does a commission charged as on corporate gaurantee come under the services of section 297 ? please reply to the earliest.

10 April 2012 Hi


Section 297 does not apply to:

1. Giving or taking loans.
2.Contract in respect of immovable property (as it is not 'good' ).{Letter No. 9/4190-CL-X dated 27.03.1990}.
3.Contract between two public Companies.
4.Contract of employment of director or managing or whole time director.[ Circuler No.8/11/75-CL-V dated 27.03.1975]
5.Contract for employment of relative of director.
6.Contract entered into by the company with the dealer on principle to principle basis. [Circuler No. FM 8/297/56-PR dated 02-08-1956]
7. Professional services of the nature given by firms of solicitors and advocates, etc.[circuler No. 8/11/75-CL-V dated 05.06.1975]
8.hiring of office premises on rent as the transaction is in immovable property. [Department Clarification dated 10-09-1990]

If charging a commission is its normal course of busineess then it apply otherwise it will not apply.

Regards

10 April 2012 Dear Ajay,
thanks to reply, but thats all i have researched, my query is very specific does commmision charged for providing corporate gaurantee will come under the word services u/s 297


10 April 2012 Plz give a specific answer.
thanks



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