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Old 9th October 2017, 09:36   #241
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Originally Posted by sasi@8689 View Post

Given the above scenario, it seems to me that if there is a supply from India whose recipient is outside India, consideration for which is not received in convertible forex, such supply would not be eligible to be treated as an export (which carries zero rate of tax) but would still continue to be an interstate supply which attracts IGST. In simpler terms, IGST at the applicable rate might be applicable on the value of such services which shall be an additional cost in your case

I think a lot of this has changed with the recent changes in the GST rules

https://twitter.com/askGST_GoI/statu...38292160790528

https://twitter.com/askGST_GoI/statu...27874478579712

Now, I think people providing software export services below 20 lakhs don't have to register for GST, right?
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Old 17th October 2017, 18:24   #242
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Request practicing lawyers on the forum to kindly go through the following thread and get in touch with the OP. He might need some legal help. While he is in Bengaluru, the case could be fought in the national capital. (I sincerely hope it never comes to that)

# (Video: Fake service done on my Baleno RS by Mandovi Motors!)
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Old 10th November 2017, 10:42   #243
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Kind Attn: All lawyer bhpians
Writing on behalf of one of my closest friend. He has been summoned by a district sessions court to depose as a witness in civil (economic offences) case. Do he needs to engage a lawyer or simply he can attend the court on the date.
An urgent guidance will be highly appreciated.
Thanks in advance!
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Old 14th November 2017, 23:27   #244
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Hi Guys,

Do we have lawyers here? Specially who deal with Real estate? Please hit me up, need help with a new property's paper. Just want to validate the ownership/legality of the land & builder, a little nervous since it is my first home if I do buy it.

Thanks,
Ashish
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Old 31st January 2018, 06:56   #245
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Need some legal advice for a friend regarding divorce.

He is one of those gentle sweet guys who opted for an arranged marriage.

A month into the marriage, he found out that his wife is still involved with one of the guys from her past even after marrying him.

Now he has lost all his trust on her and simply wants to get out of this marriage. But he is afraid that his in laws may try to coerce him into continuing this marriage using various means.

He wants to know what all he needs to do to safeguard himself before moving forward to file for divorce on these grounds .

Is this ground strong enough to file for divorce ?
If he is able to prove what she was up to, does he still need to pay the maintenance or any compensation ?

He has heard of the various arm twisting tactics and the false cases that are filed by the girls parents in these cases. What all possible cases can be filed against him in this case and what all does he need to do and prepare for in these circumstances.
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Old 31st January 2018, 19:43   #246
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Originally Posted by rishab.k View Post
Need some legal advice for a friend regarding divorce.

He is one of those gentle sweet guys who opted for an arranged marriage.

.....
He wants to know what all he needs to do to safeguard himself before moving forward to file for divorce on these grounds .

Is this ground strong enough to file for divorce ?
If he is able to prove what she was up to, does he still need to pay the maintenance or any compensation ?

He has heard of the various arm twisting tactics and the false cases that are filed by the girls parents in these cases. What all possible cases can be filed against him in this case and what all does he need to do and prepare for in these circumstances.
I am not a lawyer, but my suggestion would be to talk to a good lawyer who is referred by friends or Family. Because in these sort of cases, the lawyers are the ones suggesting ways to maximize impact. Hence the person who is advising should be someone who can be vouched for by his friends / family and trusworthy.
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Old 27th February 2018, 12:46   #247
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Originally Posted by rishab.k View Post
Need some legal advice for a friend regarding divorce.



A month into the marriage, he found out that his wife is still involved with one of the guys from her past even after marrying him.

Now he has lost all his trust on her and simply wants to get out of this marriage. But he is afraid that his in laws may try to coerce him into continuing this marriage using various means.

He wants to know what all he needs to do to safeguard himself before moving forward to file for divorce on these grounds .
He finally decided enough is enough and told her parents about it last week and left her with them.

Her parents are trying to persuade him to forgive her for her mistake and take her back. But he maintains that he can no longer trust her as she may go back to doing what she was doing earlier after he takes her back.

He know after a few days of pleading they would try the other legal options.

He spoke to a lawyer and he has suggested sending a notice under section 9 for "Bidai".
He said this is to protect him from a dowry case.

But i guess this notice would mean that he wants to take his wife back to his home and this is exactly what he doesn't want.

Any suggestions ?

Also is there any other thing he needs to do from legal point of view, he needs to do now to protect himself.

Last edited by rishab.k : 27th February 2018 at 12:48.
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Old 27th February 2018, 13:35   #248
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Hi CA's -

I require some advice on Long Term Capital Gains tax for ancestral house property sale. Some guidance would help.

Scenario:
- My father recently (last week) sold a residential house floor in Kolkata for 43 Lakhs
- The land was acquired in 1965-66 for a paltry amount of 2500 rupees as per the land registry deed
- The property was constructed and partitioned in 1995 without any monetary value ascribed on the said deed
- The entire sale consideration has been via bank draft
- The current government rate valuation of the property (floor + Proportion of land) is approximately 33 lakhs
- My father is retired and in his late 70's

Question:
- To calculate the LTCG tax implication, how would the indexed gain be computed in this case?
- If he does not want to buy another property (because of the hassle) and simply hold on to the money in deposits etc., then what are his options?
- Are there any legitimate means for him to avoid (not evade) the LTCG tax?

Thanks in advance.

Last edited by roy_libran : 27th February 2018 at 13:37.
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Old 6th March 2018, 16:01   #249
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Hi guys,
I have a simple question I wanted to ask.
Let's say I am starting a business. If I can't get a loan, but my mom can, how will I then go about showing the interest of the loan as a business expense.

The business belongs to me while the loan will be a personal/ODFD in name of my Mom.
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Old 7th March 2018, 00:44   #250
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Make your mom the guarantor or a co-borrower. Then you can pay the interest and claim it. Or your mom can onlend it to you (but this will have money lenders act/income tax implications for her).
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Old 7th March 2018, 09:22   #251
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Make your mom the guarantor or a co-borrower. Then you can pay the interest and claim it. Or your mom can onlend it to you (but this will have money lenders act/income tax implications for her).
Thanks.
If my mom only charges me the same interest that the bank charges her, would that mean that she hasn't made any profit and hence not increase her tax liabilities.

Basically we have an Overdraft against FDs account and hence it can't be in my name as the FDs are in her name.
Also, I am a bit late to the party and we have already used this money before I read about depreciation benefits etc.
I can obviously think of easier, although illegal, ways to recoup that money, but I would rather do it the right way, considering all the money invested has been white.

So, if we follow that the money has been lent to me by my mother, both her and I will have to show the interest charged by the bank as losses under the head - ' Income from business/profession'.
Is there any need of a written agreement. Also does a post dated agreement work in that case, as I have already taken the money.
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Old 12th April 2018, 19:36   #252
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Requesting Opinion from Lawyers:

Am planning to buy agriculture land in Karnataka, the property I have shortlisted is given to the seller (lady) by her mom (mom's ancestral property). The seller has 3 sisters with whom she says the monetary settlement has been done.

My Question: Will the other 3 sisters have rights to claim the share in future after me buying this land ?
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Old 13th April 2018, 00:03   #253
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Requesting Opinion from Lawyers:

My Question: Will the other 3 sisters have rights to claim the share in future after me buying this land ?
I am not a lawyer but I have seen a case where there was a nexus between the sibilings who waited for the sale before staking their claim to the property Better to get the NOC from the sisters before you go for the registration.
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Old 13th April 2018, 01:36   #254
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Default Re: Calling Lawyers & CAs on this forum to provide free consultations

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My Question: Will the other 3 sisters have rights to claim the share in future after me buying this land ?
Of course, they can. If the land was inherited, the RTC will contain the name of all inheritors if they had gotten the proper legal heir certificate. I had to do this after my father's demise. His name on the RTC was replaced by the name of my mother, my brother and myself. If somebody wants to buy this land, they have to buy it from all the joint owners.

In your case, if the RTC doesn't contain the names of all sisters, they can contest later and you get into a limbo. Do not go by verbal assurances.
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Old 13th April 2018, 10:20   #255
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My Question: Will the other 3 sisters have rights to claim the share in future after me buying this land ?
Yes they can. So what you need to do is this: Get the NOC form each sibling and have it as part of the registered agreement. Also attach the death certificate of the father if he is not around. If he is around then you need his NOC as well. Only then you will be a bit on the safer side.


Regards,
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