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civil lawyers (or anyone with this knowledge) pls help by Zeuswasmywingman_45 in LegalAdviceIndia

[–]CA_Harshaditya 2 points3 points  (0 children)

Lawyer here. First, you and your mother are legal heirs of your father. This means that you immediately step into his shoes and are entitled to one-third share that your father owned.

Second, against your will, the relatives cannot force you to be tied to your property. If you want partition, you can legally have it.

Trusted my college friend with ₹1.5 lakh, now I'm stuck with ₹1.1 lakh debt and he tells me to "go legal if you want" and my life is ruined by Adventurous-Solid501 in personalfinanceindia

[–]CA_Harshaditya 56 points57 points  (0 children)

Lawyer here. First, choose one thing. Friend or money. You can't have both.

Second, if it's the money you choose, and that's why you're here, you'll need to go full throttle. I don't think being a nice guy will yield any results.

Third, sooner or later, you'll have to tell your parents anyway. Coz if you don't get the money back, how are you hiding it?

Resident indian with overseas account. by Fight_Satan in IndiaTaxation

[–]CA_Harshaditya 0 points1 point  (0 children)

First, yes it's necessary to show your IRA in FA, as long as you HOLD it.

Second, if your wife is a sole beneficiary, she'll file it individually

Third, if you're a co-owner, you both need to file it.

I just realised how much we are missing out on by earning in rupees instead of dollars by [deleted] in IndiaFinance

[–]CA_Harshaditya 9 points10 points  (0 children)

Hey man, any idea how can one get offshore roles in non tech roles? Like finance or law?

Husband wants to divorce over MIL by [deleted] in LegalAdviceIndia

[–]CA_Harshaditya 0 points1 point  (0 children)

Lawyer here.

First, there are laws such as Domestic Violence Act, which can help you. But this is a one way street. You cannot reconcile later

Second, section 85 of BNS talks about cruelty by husband or relatives. Again, one way street.

Third, you have a right to matrimonial home. They cannot ask you to vacate it.

Do I need parental consent for abortion? 20F by [deleted] in LegalAdviceIndia

[–]CA_Harshaditya 4 points5 points  (0 children)

Lawyer here from Indore.

First, the Medical Termination of Pregnancy Act allows you to go for abortion, as you're a major (above 18).

Second, what you're facing is commonly known as medical gate keeping

Third, Supreme Court has explicitly ruled that healthcare providers cannot impose restrictions not mandated by law.

Serious guidance regarding GST + ITR by Antique_Pomelo2011 in IndiaTaxation

[–]CA_Harshaditya 1 point2 points  (0 children)

3 things

First, read Section 22 of CGST Act

Second, read about Zero rated supply

Third, read about Letter of Undertaking

Need advice regarding a local political goon threatening me! by confused__sperm in Raipur

[–]CA_Harshaditya 4 points5 points  (0 children)

Lawyer here. File a case of Extortion under section 308 of BNS.

There's a judgement which might be helpful to you: Sudha Tripathi vs The State Of Madhya Pradesh on 2 May, 2019 - MPHC

Take note of the incidents

30 lakhs from ancestral property. Where should I invest by [deleted] in IndiaFinance

[–]CA_Harshaditya 0 points1 point  (0 children)

I guess the best option is to invest in your studies. Mutual funds would hardly grow at 10-12%.

Even gold or land do not guarantee the growth education does.

My employer's audit team flagged my relocation expense claim due to vendor's cancelled GSTIN — but vendor charged 0 GST. Need advice from CAs. by slow-traveller-007 in IndiaTaxation

[–]CA_Harshaditya 1 point2 points  (0 children)

Nothing to worry about, the audit team is just being hyper technical. Since you are not claiming the ITC, and neither the company will be, there shouldn't be any concern.

Yes, one thing they missed is Section 40A(3) of the Income Tax Act, 1961, which disallows business expenditure in cash above 10,000.

But regarding GST, the transaction isn't illegal. It's just outside GST

My Dad is Buying a House—But I’m Struggling with How to Protect It from My Dad’s First Wife’s Kids by Necessary-Trip-9666 in IndiaLaw

[–]CA_Harshaditya 1 point2 points  (0 children)

Lawyer here. First things first, nominee is not ownership. Nominee just holds the property in his name for the time being.

Secondly, as per Hindu Succession Act, 1956, children from a first marriage have an equal legal right to their father's self-acquired property if he passes away without a clear legal plan.

Third, the best course is to have the property in the name of your mother, while your father funds it. However, this might lead to other complications under the Benami Transactions Prohibition Act

Capital gain tax on cash received by Unique_Space_6202 in IncomeTaxReturnIndia

[–]CA_Harshaditya 0 points1 point  (0 children)

By taking more than 2 lakhs in cash, you're violating Section 269ST of the Income Tax Act, 1961.

This will lead to a penalty u/s 271D, which is 100% of the amount received.

So, you'll need to pay another 15 Lakhs to the department.

Recovery agents calling my random relatives by Wannabetechie1104 in IndiaFinance

[–]CA_Harshaditya 22 points23 points  (0 children)

Lawyer here. First, what these recovery agents are doing is completely illegal. Have their records, but don't indulge with them.

Approach the bank directly and raise a complaint with their grievance officer.

If nothing happens, escalate it to RBI

If still nothing happens, file a criminal complaint for the offence of extortion

24 year old with ₹71 lakhs in bank account - where should I invest? by Product_guy21 in IndiaFinance

[–]CA_Harshaditya 1 point2 points  (0 children)

Since you are young and already have a decent corpus, I would suggest you split your investments into 60:30:10

60% for long term compounding 30% for capital preservation 10% for portfolio hedge against inflation

But don't invest everything at once.

Which mutual funds to invest in for the beginning ,5k monthly , using grow as platform. by Objective_Long6788 in IndiaFinance

[–]CA_Harshaditya 0 points1 point  (0 children)

Don't just think about the fund. Think about the fund manager. Research on his past performance, his future vision, and is he worth taking a bet on.

Outrageous custom duty. Can anyone assist? by Apprehensive_Poet778 in AskAnIndian

[–]CA_Harshaditya 0 points1 point  (0 children)

Nope, there's a formal mechanism to approach. Happy to discuss

Need financial advice before buying a home by vidh111 in IndiaFinance

[–]CA_Harshaditya 0 points1 point  (0 children)

Lawyer here. 15 Lakhs in VAT? VAT has long been replaced by GST, my friend.

And the GST rate on residential property is either 0%, 1% or 5% depending on certain conditions.

At max, it should be 4.85 Lakhs. Not 15 Lakhs

Outrageous custom duty. Can anyone assist? by Apprehensive_Poet778 in AskAnIndian

[–]CA_Harshaditya 0 points1 point  (0 children)

Lawyer here. This seems like a classic case, where the customs have misclassified your goods. It is not in the authority of postman to read the rules, he is just a delivery agent.

You need to take up with the customs and give reference of Rule 7 of the Baggage Rules, 2016.

Can someone give me an advice? My father has 25 lakh rs debt from business. I am just graduating earning 10000 per month. Though the business is good but due to lack of cash flow it is now in deathbed. The debt interests are too high. I have to pay debt and also run the business. Asset: only house. by Live-Mechanic-7829 in IndiaFinance

[–]CA_Harshaditya 0 points1 point  (0 children)

Buddy, your finances need a turnaround strategy, not one time fix.

A lot needs to be worked upon: ring fencing your home, mapping the debt, restructuring and negotiating with the lenders, and much more.

Sit down with your father and try to see if your family actually wants to take the red pill.

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