pratiksha wahi
23 June 2021 at 16:34
I have a doubt. Suppose Mr.X , a resident but non ordinary resident, receives his superannuation pension income from Australia after deduction of tax by Australian govt. at the rate 35% . The pension income is deposited by the govt. directly in Mr. X's A/C in a Bank say IDBI Bank in India and it is not deposited in any bank account in Australia. The pension income accrues and arises from Australia.My doubt is that whether the pension income credited to Mr.X's bank account in India is taxable in India as income of RNOR received or deemed to be received in India???? Also please give relevant IT sections and case laws if possible...Since the RNOR is not having any bank account in australia, it is deposited in his account in India. So can any relief be claimed for the same?????? One more Kind request...Pls give me the applicable sections and case laws too if possible to justify ur answer..It will help me to an great extent
Avinash
23 June 2021 at 13:23
I am final year law student after enroll I want to practice both places delhi and ghaziabad court ??
I mean can i take both place jurisdiction cases at same time.
Is this possible???? As per Rules.
Anonymous
23 June 2021 at 13:22
Dear;
I was employed overseas for nearly 10 years 6 months. In that period an apartment of 3 floors was constructed in the plot registered by my father in my name. I had constructed the house while taking out a loan. For constructing the building I had entrusted my ATM card with my wife & her father oversaw the constriction. Now it is nearing 8 years.
In 2019 while on annual vacation which is of 28 days; I had to give in to her threat of committing suicide & registered her settlement deed as 50% of the property for her. I had given the settlement on the terms of the trust she had shown in me during these years.
In 2020 July I had to resign & come back as the surge of the corona was picking up in the area I was working.Now It is nearing 11 months after I came back. I couldn't get employed to date.
By god's grace, there was rent from the apartment till now. On March 18, 2021; wife picked up a quarrel stating that I had tried to hit her with a cooker that was boiling on the stove. There is more of myself manhandling my older child. All these are false allegations. Living alone overseas I had a good experience with cookers as I had on multiple occasions faced the danger with the safety valve bursting & facing the pressurized steam. Moreover has accused me & my mother of taking away her gold which was given to her by her father. The gold ornaments were in her custody. My mother doesn't need any gold from my wife as my mother is drawing a very very good amount in pension. All loan was over in 2019 April. From June 2013 till now we are getting rent for the apartments.
When I came back in 2020 July my NRI account balance was less than 15000.
Now she is suing my mother and myself for taking away her jewelry & also asking for maintenance for kids & herself.
What I understood by her character till date is that she lost her control over money once I came back. Only rent was being received & that too majorityu in my account. Remeber I had allowed her to get rent of an appartment in her account.
She did get an order from the court preventing me or my mother from contacting the children or going near her place of residence or work.
On May 30th we ordered some groceries online & the delivery address was accidentally set to that of the apartment which is the 3rd building from my parent's home. On May 31st night we got info that the goods were delivered at the apartment. On the morning of 1st June, neighbors informed of seeing some women just moving on the 3rd-floor balcony & didn't see clearly who that was. As being the owner of the apartment & as per contract being let out for bachelor accommodation I had to confirm with them who the women were. So as to check the true fact I went over there locked on the door & didn't get a reply. Repeated twice & came down. As I was about to come out of the building I did see my wife's father, his son & his wife. I ignored them as they were not pleased at my presence.
As I was nearing my parent's home I got a call from the Police station asking me why I was trying to harm my wife. I informed them about the development. I was asked to report to the police station. I did go over there & sign the document as directed by them. I first refrained from signing as the document was nearly blank. I informed the concerned person & he told me that it is just a confirmation that I had visited & the development.
From the court, I was directed to pay alimony as interim relief which I paid up. A policeman called me twice or more about why I was not paying for the school fees of the children & other expenses. I informed him that I can pay only the amount mentioned by the court & a single rupee more or less will malign the judicial order.
I'm really clueless. Advice needed
.
abhimanyu
23 June 2021 at 06:45
THIS QUERY WAS RAISED IN FORUM BUT NO ADVICE CAME AS SUCH THIS IS BEING POSTED HERE
As per Section 134(5)(b) of the Companies Act, 2013, the Directors’ Responsibility Statement referred to in clause (c) of sub-section (3) shall state that the directors had selected such accounting policies and applied them consistently and made judgments and estimates that are reasonable and prudent so as to give a true and fair view of the state of affairs of the company at the end of the financial year and of the profit and loss of the company for that period. In this regard, following are queries:
1. Is there any guideline or guidance issued by the ICAI with respect to this aspect? If so please advise.
2. At what time of the financial year, the Directors have to select accounting policies for applying them for that financial year. To make the query more clear, such accounting policies as will be applied to the Accounts for the year 2021-22 should be selected by the Directors at what time
A) in the beginning financial year 2021-22 or
B) can be selected at any time but before the close of 2021-22
3. Whether for Accounts of the Company for the financial year 2021-22, such accounting policies can be selected by the directors after close of the financial year on 31.3.2022 but before the approval of the financial statements by the Board for 2021-22. For example, for the year 2021-22, approval of financial statements shall be done after 31.3.2022, so can such accounting policies as will be applied to the accounts for the financial year 2021-22 can be selected in June, 2022.
4. Suppose, the Directors selected accounting policies in the year 2019-20, which are being applied to the Accounts of the financial year 2021-22. Now, a need arises for modification of some accounting policies to be applied to the accounts for the year 2021-22. Please advise can such a modifications in policies be done after 31st March, 2022, say in June, 2022 for being applied to the Accounts 2021-22.
A BANERJEE
23 June 2021 at 03:40
I am an unmarried senior citizen (76+), living with my nephews. Due to construction work in the adjacent house, the walls of the room in which I sleep has been seeping profusely since my bedroom wall is common with my neighbour's bathroom, as it appears. I am also a patient of serious lung disorder. The contractor/builder who undertook the job of renovation of the adjacent flat did not care to do anything about the continuous seepage, while the occupant/owner being a single lady is unapproachable. I live with and on nebuliser, oxygen and BiPap support, but due to this seepage, I am compelled to sleep in another room which is too inconvenient for me.
What is the way by which I can get justice and compel the owner/occupant to ensure that the continuous seepage stops and I am relieved of spending huge amounts on unsuccessful attempts to stop the menace?
A BANERJEE
23 June 2021 at 03:26
Can a married daughter, separated from her husband owing to many reasons (chiefly, torture) and living with her parents for more than two years, claim and be entitled to Family Pension under the extant Pension Rules? Is there any precedent in the form of a judgement/notification on this issue?
Shaher yar
22 June 2021 at 22:40
Hello
A person was working as a waiter in a hotel . He got covid positive and died in the hotel.
Is his family entitled to any compensation or remuneration from the hotel owner under the labour code or any other act ? Kindly suggest suitable legal remedy
visuiyer
22 June 2021 at 22:29
I have agricultural property; which I am planning to give to my nephew who is unmarried. ( I have never married and no adopted children)
Now ther querry is...
a) can I give the land as gift to my nephew or
b) should I draft a settlement deed.
In both the cases, what are all the formalites, and which is easy in respect of procedure and cost - Experts please guide and advise.
Anonymous
22 June 2021 at 21:57
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Property of deceased
Dear Sir /MamÂ
My mother left a registered Will in tamil nadu ,coimbatoreÂ
I have 3 brothers and Im the only daughter ,the registered will states that her flat is for me and one of my brotherÂ
but however the brother who i share the flat with is meak ,The other two have teamed up and called us there in pretext of opening her wardrobe and took out another will which is not registered only notarised ,For the jewels its mentioned that it would be divided equally to all but the bank locker that is mentioned doesnt exist ,it is in another bankÂ
FD also mentions 50% to me and another brother but nominee is differentÂ
the notarised will has these :
it also has a wrong bank name for the locker ,i guess that was done intentionallyÂ
rest all assets equally to allÂ
post that they have withdrawn the FD as to the nominee and jewels have been withdrawn by the nomineeÂ
now for the flat they had filed an injuction in the court for which we had replied that there is registered willÂ
post that they havve made calls to us for negotiation on percentage and says we will givve 35 % ...and asking for our documents for legal heir certificate which we have not given ,we told them we will come from bombay and you all  settle us in one go ,give us DD /our share and settle us and we will sign any document u want .Sir my question is how do we legalise this ? how do we ensure we get the money first ,Since one of the brothers deals into disputed properties &they stay local there they want to play games with us ,Please help !