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Anonymous   02 May 2018 at 13:38

Interest on seized cash which was released by department.

Facts of the case An amount of Rs 120000/- was seized by income tax department from an assessee way back in 1987. After seizure of the said amount an assessment was made u/s 132(5) of the I.T. Act 1961 for a/y1988-89. In such assessment a demand was raised of tax and penalties of Rs 43450/- and Rs 86900/- respectively. As the liability determined on account of tax and Penalty imposable exceeds the amount seized, entire seized Cash of Rs.120000/- was retained by the assessing officer. Being aggrieved with the assessing officer's order the assessee had filed an application u/s 132(11) of the I.T. Act 1961 before the jurisdictional Commissioner of income tax. Ld.. jurisdictional commissioner in his verdict had quashed the assessing officer's order and directed to release the said amount on 19.08.1993. Since then assesse had sent several reminders to income tax department, but did not succeed in realizing the same. In February's2017 assessee had filed a grievance petition before the central Board of Direct taxes (income tax) for release of said amount together with update interest till date. Against said grievance petition an amount of Rs 120000/-was finally released on 18.05.2017, but interest due on the said amount was not paid. subsequently assessee had again filed a petition before the principal commissioner of income tax on 17.08.2017, claiming interest on the said amount u/s 244A of the I.T. Act 1961. On receipt of the said petition, Principal Commissioner's office had referred the matter to the concerned assessing officer. A.O. had opined that assessee should get interest for 30 years ( i.e. 1987 to 2017) u/s 132B (4) and not u/s 244A. But the concerned Principal Commissioner has not approved that on the ground that the section under which interest is proposed to be paid is not appropriate. Now the question is under which section assesse should get interest on the said amount of Rs 120000/- . In this instant case an assessment was made first u/s 132(5) of the I.T.Act 1961 for the a/y 1988-89 raising a demand of Rs 130350/-, and entire seized cash of Rs 120000/- was adjusted against the liability so determined on account of tax and penalty.for a/y 1988-89. Since the said assessment order was subsequently quashed by the then Ld Jurisdictional Commissioner of Income tax, therefore the amount appropriated by A.O in his said order towards income tax and penalty of Rs.120000/- out of seized cash should be treated as tax and penalty paid in excess for a/y 1988-89 in absence of any liability. Therefore is the assesse not entitled to get interest on said excess payment of tax and penalty of Rs 120000/- for the A/Y 1988-89 u/s 244a of I.T. Act 1961?

sameer kumar   02 May 2018 at 12:00

Land compensation

Dear Sir,
I have a house built on a Panchayat Approved Layout and the site is being taken over by the National Highway Authority of India, What kind of compensation will i Get?

Regards,
SK Sameer Kumar

R.Ramesh   02 May 2018 at 10:06

pf,esi,tds & pt

Dear sir, If employer wish to pay both sides contributions ( here employer don't want to deduct from employee and he wants to pay by himself only ) of PF,ESI,TDS & Professional Tax by employer himself only.So, is there any problem in calculating TDS,Entering in books of accounts and for preparing balance sheet.

Anonymous   02 May 2018 at 09:40

Mobile theft case

Sir
I am purchased s7 edge second hand
Mobile on one mobile shop but bill not given the shop owner . I am used 4 month
I got call from police cyber crime
Your mobile is theft mobile where your purchased any proof I said where i_am purchased. But I don't have proof no bill
So police are said you will proof otherwise you will a criminal what I can do sir
I am innocent i_am purchased from shop
I_am village people I don't formality
Please help us sir

Anonymous   02 May 2018 at 07:49

Offer letter - payment after 12 months / termination

I was working with Akraya Private LTD in Pune. I joined them as Director - Recruiting on the 17/5/2015.
The offer letter had details for my pay structure as below:
I willl be paid 22.5 lacs as base salary.
I will be 3.0 Lacs as bonus on completion of my year tenure

In the interim, I suffered an accident, and looking at my bad condition, tte owner offered me a loan amount of 2 lacs, which could be adjusted when I complete my year with his organization. I accepted it.
I was laid off on the 27/4/18. The payment structure as below:

Accounts department will process your “full and final” check as discussed.

Salary for the month of April till 27th.
Leave encashment – If any.
One month of ‘notice pay’.
Bonus pay of Rs. Two lakhs
Deduction of your loan of Rs. Two lakhs.

Please read above, and tell me if I'm eligible to get my annual tenure pay out of 3.0 lacs on the basis of Corporate Laws.

Athi Vishal HD   02 May 2018 at 00:47

False income certificate

1) My wife and in-laws obtained income certificate from Revenue dept wherein it is mentioned that my annual income is 10,000/-. But Im an govt servant and my income is 4 lakh and Im unaware of this certificate.

2)Before my marriage my wife obtained income certificate from Revenue dept wherein it is mentioned that her family income is 7,500/-. But both in-laws are govt servants and their annual income is 5 lakhs.

3) I complained to concerned Police and Revenue Officials but they don't took action.Even NCR has not been regd. They told that my wife is mentally ill patient (thats true) hence no action has been taken.

Is this act amount to cognizable criminal offence? Is there any exemption for mentally ill patient in criminal Offence. If possible please mention the IPC section
(I learned so much abt law from LCI, which helps me to fight against false 498A case)

Thanks in advance,

Athi Vishal HD   02 May 2018 at 00:33

Unauthorised name in aadhar card

In view of dispute between me and my in-laws, they obtained Aadar card for my 7 yr old child in the name of Akshatha instead of Nakshatra (As per Birth Certificate) to hurt my feelings.

Is this act amount to cognizable criminal offence? If possible please mention the IPC section and Aadhar act section.
(I learned so much abt law from LCI, which helps me to fight against false 498A case)

Thanks in advance,

siva   02 May 2018 at 00:23

Property rental

Sir,
I had given my house on rental. Now the agreement period is over. When I asked him to vacate the house and he is not willing to do so.
What should I do.
Also the old agreement is missing from my side and is there any issue for that
Kindly advise

Thanking you
Yours sincerely

Regards
Sivaprasad V

darshan singh   01 May 2018 at 22:25

Ex parte proceded

Hello dear experts,
My query is that the appellant filed a RSA before the Delhi high court and the hon'ble high court issued notices to all the respondents after service one of the respondent could not appear before the court on date fixed as the service was effected through his tenant and tenant did not inform the respondent about the notice on this the high court proceeded ex-parte against the said respondent now I want to what is the legal procedure to set aside said order of the hon'ble high court of delhi.

Avishek   01 May 2018 at 22:00

Punishment -disciplinary proceeding-right to reconsider .

I am seeking advise of the Ld Expert about the law of land by way of Hon'ble Court ruling as well as in vogue statutory provisions pertaining to the right of an punished employee to ask for re-consideration of his imposed punishment like reduction of his stage in the prescribed pay scale on permanent basis affecting future service on the basis of his subsequent good conduct for long and that subsequent good conduct in the form of utmost diligence in discharging his duty , he has been rendering after the punishment imposed by the the Disciplinary authority of reducing stage in the prescribed scale of pay on permanent basis.
It is also to mention after getting punishment of reduction of stage in the scale of pay, the employee concern had preferred appeal before the appellate authority and the same was rejected affirming the order of punishment of the disciplinary authority. The employee concern was charged in the disciplinary proceeding with the allegation of taking bribe and dereliction in discharging duty.
I also seek the advise that reconsideration as of right can be pressed by the punished employee against the above stated background of getting punishment of reduction of his stage in the prescribed pay scale on permanent basis affecting future service when afterwards he is suffering from financial distress on the ground of such steep fall in his salary arising on and from imposed punishment of permanent reduction of his stage in the prescribed pay scale as well as long non --consideration for his promotional avenue after such imposed punishment.