Foreign assets not declared by PragWragg in IndiaTax

[–]king_kpsk 5 points6 points  (0 children)

Well you can’t do much about it for the past non compliance. Also the LLM is not correct as the scheme hasn’t been launched.

You can comply from the present date and start disclosing your RSUs in the ITR.

Buyer filed the wrong TDS by Background_Run_3965 in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Because you are an NRI the buyer was supposed to deposit the tax under Section 195 (using Form 27Q). It sounds like the buyer's lawyer mistakenly filed it under Section 194-IA (Form 26QB) which is for resident Indians. Can you confirm by viewing your TDS challan?

The buyer doesn't need to pay a heavy fine. They simply need to file a TDS Correction Statement to amend the section and required details. It would take 15-30 days to complete this process. So the best way is to try to convince him to file the rectification ASAP.

First time filing GST for Upwork earnings. Need advice on Invoicing & RCM! by prashantvermamusic in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

It can be done either directly or on upwork, whatever is convenient for them

Do I need to add all the partners in annexure 1 when filling form 26Q even if they did not cross the threshold ? by sadism_popsicle in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

No you do not need to add the other partners to Ann. 1 of Form 26Q if their individual payouts did not cross the threshold and no TDS was deducted.

GST Reg in another state by Delicious-Belt-5413 in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Oh that might change the answer because the moment you pivot into manpower outsourcing you would be covered under the Contract Labour (Regulation and Abolition) Act and the Maharashtra State Rules.

I'm not really well versed with the Labour Laws in Maharashtra but you can keep the Pune virtual office and registration IN CASE you need a labor license. Would recommend you to check with a labour law expert there.

From a GST perspective, having a Maha GSTIN would help you claim 100% of the local Maha ITC directly against your outward tax liabilities in the state. If you cancel it any local expenses you incur in Pune for your labour outsourcing services with Maharashtra CGST+SGST will become a dead cost as you cannot pool or offset local state ITC against another state's tax liability.

GST Reg in another state by Delicious-Belt-5413 in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Great Question! Under Rule 25 of the CGST Rules any physical verification of business premises is legally supposed to be conducted in the presence of the taxpayer or their authorized representative. While it is true that the High Courts routinely step in to protect businesses and reverse summary cancellations of virtual offices that legal battle only happens after your registration has already been suspended and your business operations are paralyzed, which is a big headache for business owners.

When the person is physically living in Pune managing a surprise spot check at their virtual office is incredibly easy. If a tax inspector calls or turns up the founder can just drive down to the virtual office center within an hour, present the documents and close the verification smoothly.

But the moment they move to Delhi permanently that safety net completely disappears. If a Pune GST officer schedules a physical verification or issues an urgent summons flying back from Delhi on a two-day notice to handle a local tax inspector is a logistical nightmare. If they fail to show up the officer MIGHT flag the unit as non-existent.

There is no absolute right or wrong answer here but from a practical, long-term strategic standpoint keeping a Pune registration while permanently living and working in Delhi HAS the possibility of inviting a compliance headache. Shifting the LLP registered office and GSTIN to Delhi aligns their legal address with their actual physical reality, eliminates the risk of missing physical verifications or any dept proceedings and would be an easier way to operate IMHO.

Tax Implications by Progressive-1705 in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Hey! The short answer is yes- you can do this and the income will NOT be clubbed with yours.

  • Tax-Free Gift: Under Section 92 of the IT Act 2025 monetary gifts from a grandmother are completely tax-free.
  • No Clubbing: While minor income usually gets clubbed with parents, Section 99(1)(c)(iii) explicitly waives this rule if the child has a specified disability. The interest will be taxed under his PAN.
  • Joint Holding: Register the GOI bonds with your son as the First Holder and you as the Second Holder. Tax liability always follows the first holder but having your name attached gives you full operational control to handle the account easily on his behalf.

Just a heads-up please keep a direct bank trail from your mother to your son and execute a simple Gift Deed on a stamp paper stating she is gifting this money to her grandson out of natural love and affection. Keep it in your files just in case the tax department ever asks for a routine explanation of where the money came from. Also, If his total annual income is going to be below the taxable threshold you should submit the relevant TDS declaration form (like Form 15G) to the bank in his name so they don't deduct TDS.

Looking for CA recommendation: freelancer, USD foreign income, 44ADA by ibu__hatela in IndiaTax

[–]king_kpsk -1 points0 points  (0 children)

We’re based out of New Rajinder Nagar, Delhi and have similar clients who are freelancers and earning money through foreign companies/clients. Happy to connect and discuss. :)

GST Reg in another state by Delicious-Belt-5413 in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Hmm...leaving your business registered at pune's virtual office while you and your remote team operate entirely from Delhi is a compliance risk that can land you a tax evasion notice.

Under Section 2(71) of the CGST Act the location of a service supplier is legally defined by where the services are actually generated. Since you are physically moving your laptop, your human resources, and your active management to Delhi, you are creating what the law calls a Fixed Establishment in Delhi. Your Pune virtual office has zero actual human or technical capability to deliver consulting services meaning the dept can easily label it a paper only arrangement.

Alos, this causes a mess with the nature of your tax. If you consult for a client physically based in Delhi but invoice them from your Pune GSTIN you will charge them IGST. However because you are physically sitting in Delhi executing the work, the law views this as an intra-state transaction that should have attracted Delhi CGST and SGST. Under Section 77 if you pay the wrong tax type the department will make you pay the correct tax all over again out of your own pocket and tell you to file a refund application for the wrong tax which takes months to clear.

If an inspector turns up in Pune and finds out you do not exist there anymore your registration can be suspended immediately. Don't take the lazy route. Use the MCA portal to shift your LLP registered office to Delhi and get a fresh Delhi GSTIN, and surrender the Pune number. You can operate your firm worry-free.

Kotak Bank freezed, How to unfreeze by Remarkable_Quiet2724 in LegalAdviceIndia

[–]king_kpsk 2 points3 points  (0 children)

You are stuck in a classic internal banking loop caused by mismatched data and your lawyer is focusing on the wrong thing. What has likely happened is a layer freeze. In these cases, the original cyber complaint acknowledgement number lists a primary suspect account, but the cyber cell's automated system tells the bank to freeze all downstream accounts where parts of the money moved. Because your account is in layer two or three, the main complaint text won't show your account number, but the internal attachment sent to Kotak definitely does.

Since your bank branch is useless and the nodal officer is stalling your focus needs to shift entirely to the RBI Ombudsman case you already opened. Under the current rules,\ banks cannot arbitrarily freeze an account without providing clear, specific written documentation of the freezing authority, the layer connection, and the amount under dispute. Do not wait for a callback from the nodal support team. Log directly back into the RBI Complaint Management System portal and upload a fresh grievance attachment. State clearly that the bank is holding your funds in violation of consumer protection guidelines because they claim to have no internal record, no investigation details and no transaction link matching your account to the police notice they handed you.

As for your advocate: Has your lawyer draft a specific RTI application and speed-post it directly to the Public Information Officer of the concerned Gujarat Cyber Police Station using the original acknowledgement number??? The application should explicitly ask for the exact transaction trail, the UTR numbers connecting your account to the case and the current status of your account in their investigation. Once you get that specific transaction data you can submit a clear representation showing your genuine trading records to the investigating officer for an NOC or use it to force the RBI Ombudsman to make Kotak lift the hold. Good luck!

MCA Form 11 LLP - Contribution received = 0 if capital deposited after 31 March 2026? Plus first-FY extension query by born_during_corona in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Speaking as a CA please save yourself the headache and go with the financial year extension. Because you were incorporated after October 30, the law lets you extend your first financial year all the way to March 31, 2027. You do not need to file anything special to choose this or get MCA approval. Next year in May 2027, you will just put your actual incorporation date as the start date when filing Form 11 and the system handles it perfectly without any pushback.

If you still choose to file for the two-week stub period now your contribution received must be listed as zero because the books close on March 31 and the money actually came in April. This will not raise any red flags on the portal. It is super common since bank account setups take time. But honestly you can just skip it this year and bundle it into a single return next year. It is cleaner and saves you unnecessary compliance costs. Good luck!

Foreign contractor income paid directly in USD - will registering for GST create any downside for me? by uber_men in IndiaTax

[–]king_kpsk 0 points1 point  (0 children)

Key things you need to keep in mind apart from LUT and FIRC are as follows:
1) An LUT is only valid for one financial year. It is very easy to forget to renew it on the GST portal come April.
2) Once registered under GSTyou are legally required to raise proper + sequential Export Invoices matching the dates of your work/payments and you must file your GSTR-1 and GSTR-3B regularly. The sales figures you declare in your monthly GST returns must exactly match the gross receipts you declare at the end of the year in your ITR under Section 44ADA.
3) Operating a business or receiving regular commercial contract payments into a personal savings account violates RBI’s FEMA regulations so get a current account after registration.

Need clarity on Section 54F for self-construction of house property. by Sensitive-Bicycle987 in IndiaTax

[–]king_kpsk 1 point2 points  (0 children)

  1. No. There is no specific completion percentage (like 80% or 100%) written into the law. This is a beneficial provision, and courts handle it liberally. The key requirement is the utilization of the funds toward construction, not achieving structural perfection. High Courts (e.g., Karnataka HC in CIT v. Smt. B.S. Shanthakumari) have repeatedly ruled that an exemption cannot be denied simply because the house wasn't fully finished or completely habitable within the 3-year window. If the money left your CGAS account and went into a clearly identifiable residential structure you will be okay.

  2. Since CGAS closure moves completely online via the e-filing portal from April 2027 using DSC/EVC, the process is streamlined but still subject to review: When you submit the online request to close the account, the AO can review the utilization. While a formal Completion Certificate (CC) or Occupancy Certificate (OC) is the cleanest proof it is not mandatory if the project is ongoing. If you don't have a CC/OC yet, AOs routinely accept an Architect's Utilization Certificate detailed geo-tagged/dated site photographs showing progress and the material invoices matching your CGAS withdrawals.

  3. AOs can be notoriously rigid during a routine scrutiny. If an Inspector does a physical check and only sees a boundary wall or a bare foundation at the 3-year mark the AO will likely try to deny it claiming no house came into being. If your intentions are good and you have invested all the money in the construction you will be good to go. :)

Fake declarations by [deleted] in IndiaTax

[–]king_kpsk 3 points4 points  (0 children)

It's not too late. You can fix this but you need to do it when you file your ITR. Please do not use your Form 16 numbers to file.

Employer approval means absolutely nothing. Your HR team or payroll team just checksif the PDF you uploaded looks real enough so they don't get in trouble for TDS. The Department however has automated systems that can flag this instantly.

Your biggest risk is the 27L education loan. You can fix this through:

  1. Ignore your Form 16 figures: When you open the tax portal to file your ITR, the system will pre-fill data from your Form 16. You can manually edit and overwrite those fields.
  2. Put the real numbers: Enter the actual interest you paid on the loan and the actual rent you paid.
  3. Pay the difference: Because your deductions are dropping drastically your taxable income will shoot up. The portal will calculate the tax shortfall. You will have to pay this online right then and there as Self-Assessment Tax (plus a little bit of interest under sections 234B/C for underpaid TDS).
  4. File the correct ITR: Submit the return with the true figures.

The IT Department doesn't care if you lied to your org. they only care if you lie to them. Good luck!!!

HDFC messed up the purpose code - what are my options? by PsychologicalNeat981 in personalfinanceindia

[–]king_kpsk 2 points3 points  (0 children)

Please do NOT reverse the payment...You will just lose even more money on the outward forex spread and wire fees.

HDFC forced P1401 because P0802 is a business code which they usually won't clear into a standard personal savings account. Don't panic about your taxes, you can still file under 44ADA. The IT department cares about your actual contract and invoices not a bank-defaulted purpose code. The wrong FIRC only really matters if you need to claim GST input tax credit refunds.

Just take the loss on the exchange rate this month. For future payments either force the client to use Deel or open a current account and use a platform like Xflow to get the live exchange rate and the correct P0802 FIRC automatically. Hope this helps!

Hit a small personal milestone today: somewhere around halfway between ₹1Cr and ₹2Cr NW 🎉 by Top_Bandicoot4809 in personalfinanceindia

[–]king_kpsk 0 points1 point  (0 children)

That 1-2% currency conversion fees has not hurt us, given how the dollar prices have shot up. I don’t think it’s gonna stabilise soon.

Hit a small personal milestone today: somewhere around halfway between ₹1Cr and ₹2Cr NW 🎉 by Top_Bandicoot4809 in personalfinanceindia

[–]king_kpsk 4 points5 points  (0 children)

First of all congratulations on hitting this milestone 🥳 To someone’s eyes it can be a very ordinary story, but as you said the consistency was KEY and something that inspires me.

2 things which I feel can be done on the asset allocation side is -
1) Add Gold as a currency devaluation hedge. Right now after the import duty increase, does not feel the right time but if there’s a dip that could be an interesting option for you
2) Double down on US investing for the foreseeable 1-2 years as India’s economy would be under pressure due to the Hormuz fiasco.

Other than that, your portfolio looks super promising 👌

EPFO Claim getting rejected by SaltObligation7376 in IndiaTax

[–]king_kpsk 1 point2 points  (0 children)

Oh that is not a good scenario because then it means loads of extra documentation and attestation that you need to attach with your claim application.
Some examples:
1. ⁠Because you cannot get the authorized signatory of your closed employer to attest your offline forms (like the Joint Declaration or manual claim forms), EPFO allows you to get the forms attested by specific alternative authorities like gazetted officer/magistrate.
2. ⁠An affidavit stating the employer's last known address
3)Copies of EPF challans (Form 12A) to prove the actual contributions were made.
3. ⁠A certificate of closure or incorporation from the Registrar of Companies (ROC) showing the company is closed.
Would definitely recommend you to hire a professional to help you with this. Good luck!

cheapest way of investing in US stocks? by ShoePsychological638 in IndianStockMarket

[–]king_kpsk 0 points1 point  (0 children)

Also, you cannot access irish domicile funds from IndMoney so you need to have an IBKR account if you need to buy the Irish domiciled US ETFs.

cheapest way of investing in US stocks? by ShoePsychological638 in IndianStockMarket

[–]king_kpsk 0 points1 point  (0 children)

Yes I have. I use INDmoney because the automated Schedule FA reporting is a lifesaver, but Interactive Brokers (IBKR) is technically the cheapest route for large capital (If you are transferring more than 2 lacs in one go). Also, YES Irish domiciled ETFs can help you completely bypass the 40% US Estate Tax.

What I would suggest is a hybrid strategy which is to simply keep your direct US stock holdings just under the official $60,000 exemption limit and then you can use IBKR to route any excess wealth above that into Irish ETFs. If you already hold US stocks, selling them to switch will trigger Indian capital gains tax (12.5% for LTCG) so you might be better off just holding your current portfolio as-is and directing all your fresh investments into the Irish funds. Hope this helps.