[samaspire]

Originally Posted by rrsteer

A question for the CAs in the forum.

My friend has started working as an advisor for a US based company, as well as for individuals residing abroad. He is receiving his fees in US dollars deposited in his savings account as foreign remittance.

I believe he needs to get registered with GST and start paying service tax. While, as per him as a freelancer if his total income is < 20 lacs annually he need not register for GST and just pay income taxes and since these are one off projects which he delivers individually he is not required to get a GST number.

Please can you tells us how are the tax laws to be interpreted in this case?

Since he's bringing in foreign money, he does not need to pay GST on it. But he does have to pay IT.

For export of services, he has to apply for an LUT on the GST portal.

https://cleartax.in/s/lut-letter-of-undertaking-gst

FYI, I'm not a qualified tax professional, but I have done it for my business.

PS, I don't know how it works if he's not GST registered.

[rrsteer]

Originally Posted by samaspire

For export of services, he has to apply for an LUT on the GST portal.

I too reached a similar conclusion through my research. But the problem is he is an individual and not registered with GST and the work is sporadic. He is paying IT.

[saildrive]

Need some help as I have to submit my Tax Declarations for (2020-21);

I have availed a home loan (HL) last month for which I have received partial disbursement. The balance will be paid in a few tranches and last tranche will be paid in the month of March.

I have received a tax certificate from the loaner which I intend to submit as my interest component is 1.1 L (until March 2021); however I had an existing HL which was closed last month and the certificate for that property is only 37k.

Question:
a) Can I include certificate of the new loan (1.1L) as part of my declarations?
b) Can I include both (37k) and (1.1L) as part of my (Interest on Housing Loan) submission?

I look forward to hearing from the experts soon.

[Eddy]

Need advice from lawyers on the forum.

A cousin of mine was infected with Covid-19. He wrote his will and named me as the executor.

We have a will printed on plain paper with his and 2 witness signatures. Unfortunately, he passed away soon after.

We want to now formalise / register this will. What is the process to be followed?

We are in Dwarka, New Delhi. TIA.

[bigron]

Originally Posted by Eddy

Need advice from lawyers on the forum.

A cousin of mine was infected with Covid-19. He wrote his will and named me as the executor.
We have a will printed on plain paper with his and 2 witness signatures. Unfortunately, he passed away soon after.
We want to now formalise / register this will. What is the process to be followed?
We are in Dwarka, New Delhi. TIA.

What you have now is an un-registered but a valid will. The will cannot be registered now.

However, it will be probated. Go to the local Tehsil Office, where the will is executed and the SDM shall probate the will.

He would give a public notice to invite any claim on the will and if everything is okay will probate it. If someone comes and challenges the will then you will file a civil suit etc etc.

[setuniket]

Since you are in Delhi, I assume that the Will was executed in Delhi.

As per applicable laws, no further action is required to be taken for Will executed in Delhi. The will cannot be registered after the death of the Testator. Ordinarily, on the basis of the Will, the executor/beneficiary can write to the concerned offices for mutation of the ownership records for land/house/flat or other properties with necessary documents.

With respect to bank accounts, demat accounts and other movable properties like bike/car etc, you can apply with the bank/broker in the prescribed format and with the RTO for transfer of RC.


Since I am based in Delhi, DM me your contact details if you need any other information/assistance.

Also please ensure that tax returns are filed for the year/period. Please inform bank/credit card company or other financial institutions for them to close the accounts. Other documents such as Licences etc. should be cancelled as well.

In case any particular office/department insists then you may be required to approach Court in Dwarka for seeking probate/letter of administration.

Originally Posted by Eddy

Need advice from lawyers on the forum.
We are in Dwarka, New Delhi. TIA.

[abhisheksircar]

This is a trivial one but just curious. I had booked a ticket for Dec2020 to Singapore and the airlines cancelled the flight. They have offered a refund but for the following issues.

1. Singapore Airlines has not refunded about 3540/- INR for taxes. Can an institution charge taxes for a service they denied or cancelled ?

2. MMT has reduced 3000 something for convenience charges which I can live with but shouldn't Singapore Airlines be penalized for it ?

3. MMT has reduced another 3000 something with no reasoning and they are not communicating through any means. Phones lead to dead IVR Options leading to web self service, Chats are manned by stupid chatbots and emails are getting auto-responded suggesting me to go for self service of refund but no one to explain where the 3000 is getting deducted for ?

So effectively, I paid 75000 and I am getting a refund of 65000 loosing 10000 for no fault of mine. Is it to be just lived with ? Or is there any legal stance to it ?

[carboy]

My cousin has a flat in Pune but she doesn't stay in Pune. So he has rented out the flat. The flat is in a 3 year lease agreement which is registered. Now the 3 year period is coming to an end in a month or two. The tenant wants to renew the lease, but she is unable to travel to Pune to renew the lease. She would be able to go only after a few months? What are the alternatives for her?

- Can she continue taking the same rent from the tenant even after the lease has expired?

- Can the tenant show this rent in his tax returns (i.e. rent paid even after the lease expired?)

Are there any other good options for her?

[AZT]

Originally Posted by abhisheksircar

Can an institution charge taxes for a service they denied or cancelled ?

If you hop on to the Credit Card thread, there was a similar discussion of charges being reversed but GST still being levied on the transaction. Some banks reverse it and some don't so this is a problem across the board.

[NevGin]

Request help & direction in making and registering a will.

1. Does it need to necessarily read like a legal document for it to be recognized?
2. Can it be written on simple stamped paper?
3. How does one register it
4. My aunt and uncle need to make one for which they want to leave everything to the spouse in case of their demise and to their kids in case both of them pass away at the same time. However what happens when one passes away? Does the will of the spouse change? I am not sure how to help on that.

Thanks

[abhisheksircar]

Originally Posted by AZT

If you hop on to the Credit Card thread, there was a similar discussion of charges being reversed but GST still being levied on the transaction. Some banks reverse it and some don't so this is a problem across the board.

Thank you. So it's across all institutions as I understand and not just the banks cause in this case the Airline cancelled the ticket but did not refund the GST. But I get it, we have to live with it although unfair.

[AZT]

Originally Posted by abhisheksircar

But I get it, we have to live with it although unfair.

No, you should definitely write to them. I was trying to say it happens but varies among banks as some do it and some don't. Maybe Singapore Airlines will reverse it if you can reach a customer care person, definitely worth following up.

[Jaguar]

Originally Posted by carboy

The tenant wants to renew the lease, but she is unable to travel to Pune to renew the lease. She would be able to go only after a few months? What are the alternatives for her?

Either the tenant or your cousin can prepare a new lease agreement, sign their side, and courier it to the other person for their sign and courier back.

[carboy]

Originally Posted by Jaguar

Either the tenant or your cousin can prepare a new lease agreement, sign their side, and courier it to the other person for their sign and courier back.

Yes, that can be done - but what about the registration of the lease? Won't that require her to be there in person? Or can the registration of the lease be done at a later date?

[abhisheksircar]

Originally Posted by AZT

No, you should definitely write to them. I was trying to say it happens but varies among banks as some do it and some don't. Maybe Singapore Airlines will reverse it if you can reach a customer care person, definitely worth following up.

I did try but they refused and shared an internal circular which stated this.

Any refund for GST (K3) processed after the above deadline will not be
recoverable from the Government of India and hence will be a loss to the
company.

This and the bigger headache of Make My Trip who has not refunded the whole amount and is not reachable over phone as the IVR always leads to a dead end, emails are being autoreplied saying that they are stopping email support and the chat bot is as dumb as ever. So I have around 54K stuck with no response from anywhere. It's a pain !!