Abhishek Gupta

I am buying an under construction apartment in Bangalore from the landowner's share. The title and other documents of the apartment are clear. There are 4 owners of that apartment - Mother, Son1, Son2, Daughter (who is a NRI). Mother has the power of attorney from Son1, Son2, NRI Daughter for the purpose of sale of apartment in the society built on their land, signed and registered at sub-registrar office. Does the Power of Attorney need to be certified by the Indian Consulate/Embassy of the country in which the NRI Daughter resides?

I have already paid 10% of property sale consideration to the Mother's bank account for signing the sale agreement.

Now I got to know from a bank employee that I am supposed to pay the amount individually to each of the owner's account proportionate to their ownership share (so 2.5% each to the 4 individuals account instead of 10% to the account of POA holder) and while paying the NRI Daughter's share, I am supposed to withhold 22.88% of that payment as TDS (and pay it to Income Tax department). The same process would apply to future payment by me as well as the loan amount paid by the bank.

In case I don't deduct the 22.88% TDS from the NRI Daughter's share (pay her 100% of her share's sale consideration), the income tax department may ask me at any point in future to pay that TDS from my own pocket and also levy a 12% penalty from me for failing to deduct the TDS.

Is my understanding correct or am I missing something?

Did I make a mistake paying 10% to the POA holder (Mother)? Should I get that refunded and make payment of 2.5% to each individual, deducting 22.8% from the NRI Daughter's share?


Chaithanya Anne
31 January 2023 at 17:00

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binu sukumaran

Dear sir.
One of my friend work in a private firm 10 years as store keeper.
He is resigned from Service on 31th dec. His 2 month salary and relieving documents is pending .
more over Sr manager. In connection with resignation stock taking is done in two times . Do to selling problem some stock shows excess and some same negative .
Company view is they mark negative stock and not consider excess stock and pay negative stock value around 1.23 lakhs.
Again Sr manager add addition stock on above item also.
During the audit time he mention this negative and excess stock is matching.
Please advise how to handle this problem.


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Suppose there is a company X, in japan who sold his product to Y in india and y paid the import duty for the product. Further Y sold the product to Z in india and made some changes in it. Can Z while exporting the product to Canada claim duty drawback whereas the import duty for the product was paid by Company Y?


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19 December 2022 at 12:44

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To
The fellow experts
Can anyone give suggestion on how to change Mail Id that shows in master data of the Company at MCA website.
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15 December 2022 at 10:31

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Shubhakaran Sharma

respected sir,
In an education institute where State PF is applicable, not Center PF, an employee had asked for a loan against the amount of his deposit provident fund and the accountant working there, due to the name being almost the same, online by the pay manager, through a clerical mistake, of another ex-employee. Deposited the amount in the account, which is now a government teacher and he is reluctant to return the said amount, while the former employee has been paid all his PF.
The wrong transfer amount from the local treasury to the bank has been frozen and a letter has also been given to the bank to send the said amount from the treasury to the source again.
Can the employee still refuse to return the amount and if so what else can be done?
Kindly suggest the appropriate law.
Thank You
#9672165856
sharma.shubhakaran@gmail.com


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jainit patel

respected sir/madam
can i get an affidavit formate for
1. partners retired in 1989 & their signatures were not taken in partnership amendmet deed
2. that if any liability arising for any time the continuing partner will responsible.
3. that no roll is left for retired partner.
4. & this affidavit will be submitted to ROF for for amendment in ROF registration..
thank you & hope for early reply..


Apoorva Pachore
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