Member (Account Deleted)
18 June 2015 at 17:32
Mr. A, Has an artist management service, entered with Firm B, LLP, An event orgainser in USA, to appoint Mr.Shaantanu Mukhrajee (Shaan) perform in concert in California. Mr. A had contract with Firm B that Firm B will directly Pay $3,00,000/- to Mr. Shaan & balance $50,000 to mr. A. Firm B has deducted withholding taxes on both payment. Mr. A will receive an regular contract from California in near future. What will be the tax treatment of Mr. A & Mr. Shaan in india ( Both are resident)??
what if Mr. A received total payment of $3,50,000/- less Withholding taxes & Pay to Mr. Shaan.
Anonymous
18 June 2015 at 17:29
Hi, In my birth certifcate my mother Alias Name (preeti ) is printed instead of original name (Sunita ) . Now when i applied Passport i am facing the issue for mother name Mismatch . I am not having any record for Ailas Name ( preeti ). Please kindly let me know the possible way to get the issue solved . Thanks in Advance. please help me please
PREM
18 June 2015 at 17:23
Sir
One of the employee in our company will be resigning after completing 4 years and six months of service. Is he eligible to claim gratuity as per the Gratuity Act.
Thanks in advance
Dalip Singh
18 June 2015 at 16:55
The Bill proposes to inserts a new sub-clause to the existing Section 142 [sub-clause (2)]. It reads as follows,
“(2) The offence under Section 138 shall be inquired into and tried only by a court within whose local jurisdiction the bank branch of the payee, where the payee presents the cheque for payment, is situated“
The Bill also introduces a new Section [142A] in the N.I Act. It reads as follows;
“(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other judgment, decree, order or directions of any court, all cases arising out of section 138 which were pending in any court, whether filed before it, or transferred to it, before the commencement of the Negotiable Instruments (Amendment) Act, 2015, shall be transferred to the court having jurisdiction under sub-section (2) of section 142 as if that sub-section had been in force at all material times.
(2) Notwithstanding anything contained in sub-section (2) of section 142 of sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1), all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court.
(3) If, on the date of commencement of the Negotiable Instruments (Amendment) Act, 2015, more than one prosecution filed by the same person against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, such court shall transfer the case to the court having jurisdiction under sub-section 142(2) before which the first case was filed as if that sub-section had been in force at all material times.”
My query is that the cases which were returned after the judgement in case of Dasrath Rupsing Rathod but not filed in the court of jurisdiction (drawee's bank) and sent to record room can be revived in view of the present ordinance on the plea that this sub section had been in force at all material times and those cases should not have been transferred.
Nithiselvan
18 June 2015 at 16:43
Last year May 1st 2014 i had shifted to a new house for lease. At initial talk to house owner , he said, lease is for 2 years but as per law, agreement will be made for 11 months and it will renewed after expiry. Amount paid as lease is 1,80,000. Before completing the first year, house owner asked us to vacate the house. i had argued him that why he said lease is for 2 years and now asking to vacate. he said he want the house for his personal purpose. Finally i decided and told him that house lease is completing on April 2015 and need 2 months further time to vacate therefore May 2015 and June 2015. Same he accepted. I had find a new house and informed current house owner that I am vacating the house by May 15 so please be prepare with the lease amount settlement. But he said, he don’t have money at the time of house vacating and he committed to give 60000 rs as advance settlement on May 27th 2015. I had dropped house search since the current house owner is not having money. As said he had given 60000 rs on May 27th 2015 and said he will give balance 1,20,000 on June 15th 2015. And I had asked to vacate the house within 2 days after final settlement on June 15th. I had not accepted his statement and told that I will vacate the house between June 15th and July 15th 2015. Once he had given the 60,000 rs I find another house for rent and given he advance amount on June 1st 2015 and I have to pay rent for that house for June month for new house. Now on June 16th current house owner says he doesn’t have money right now and asks us to continue for further 3 months or he will arrange for another tenant and give the balance money 1,20,000 from him to us. Still he is not committing the date of settlement. I had explained my situation that I had booked new house and to pay rent for that house for June 15 itself and I couldn’t vacate the house with out full settlement. I had said him that as I committed I will vacate the house on June 18th and I will handover the keys and document to police station with complaint. For that, he threatening me with fighting attitude. Using words like beating, punching etc etc. This is my situation. How to handle this without loss please guide me.
I had asked him question, why you ask us to vacate the house if you doesn’t have money to settle. He simply says that time I had money now don’t have money.
my query is lease agreement period over by April 2015. now i am ready to vacate the house and arranged another for rent and paying to that. but current house owner refuses to give money and says he will give it on his own time. what to do
DILIP KUMAR MONDAL
18 June 2015 at 16:11
sir ,
i filed wrong itr form after due date , now i have received 143(1) asst.order so i can file another form as itr-4 and rectification
J B Goel
18 June 2015 at 15:53
I want to gift USD 20,000/ to my son-in-law, who is NRI. Is it compulsory to submit form 15CB from C.A. Any other require in this regard be please advise quoting RBI instructions, so that I can satisfy my Bank.
J B Goel
ankit
18 June 2015 at 15:51
sir mere grand father ke brother ne hamari land par mere grand father ke sigh karwa kar le li hai.un papers me likha hai ki mere grandfather ke koi bacha nahi hai aur jo land hai wo kharab hai aur 80 year tak humko jamin se kuch b nahi diya. sir plz humko kuch help kare jisse hum court me case kar sake
thank u sir
prakash
18 June 2015 at 15:40
Sir,
I had purchased a part of land from Mr.A
in registration document it is mentioned that Mr.A has a right of easement to his adjoining
land.
Now Mr. A has sold his adjoining land to somebody else do I have right to cancel the right of easement for the new owner.
Please advice.
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My friend cheated and not returning money
I trusted my childhood friend and given 3lakhs INR to him 3years back (June 2012) with interest rate 2% p.a. He deposited Rs. 6000/- for 6 months promptly into my Indian bank account then he stopped making any payments further and not even answering my calls or responding to emails. I live in abroad (Australia) and my friend lives in India. It became very hard for me to communicate or take any legal action against him. Initially, he has written agreement in 100 rupees bond paper to me but no postdated cheques given. I have heard agreement paper valid only for 3years from date of signed. Is that true? If agreement paper validity expires then i have only proof ‘DD Xerox copy for an amount of 3lakhs’ (This 3laksh amount has withdrawn through DD from my savings account in India). Is there any way i can lodge police complaint online or Is it possible to take any legal action against him from overseas (Australia) Or Do I need to stay in India to take legal action against him? What are the possibilities to get money back and how to teach him lesson?
Please advise.