Ankit Gupta

Hi sir,

Kindly bear with me as this is going to be a long post. I have tried to explain my problem thoroughly.
My father passed away in August 2018. He was a central government retired pensioner. For receiving the pension, he had very old savings account in SBI, let's name this branch 'A'. Unfortunately, nomination details were not updated in the account, and only after he passed away we found out about this blunder. The approximate balance is around INR 24 Lacs.
Also, in another SBI branch, let's name this branch 'B', near his office, he booked a Fixed Deposit on the day of his retirement back in July 2008. The current approximate value of FD is around INR 33 Lacs. Till date, the FD lies in branch 'B' and savings account in branch 'A'. Both of these are in different states, around 400 km away from each other. The total amount is around INR 57 Lacs.

Now, I met the branch manager or 'A', where I have savings account. He told me since my father passed away, it won't be possible to transfer the FD from branch 'B' to branch 'A' or even liquidate it. And the amount in the savings account is much higher than the amount of sum, the branch manager can disburse, based on his powers.
He proposed me to get succession certificate, where I and my sisters will disclaim the amount so that it can be transferred in my mother's name. However, he warned me getting succession certificate from a court is a very tedious, time consuming and expensive process. It can take up to 1 year and would cost me around 7% of the amount claimed because that would be the court fees, and lawyer fee would be additional.

I need genuine advice if there could be an easier way out, as I am in urgent need of those funds, Also, SBI staff is least supportive.
Thanks in advance.

-Ankit Gupta


SSP MATHIYALAGAN
11 May 2019 at 20:22

Property purchase

sir
We are a firm, purchased a property in the name of Managing Partner of the firm on behalf of the firm from firm's fund, construct a building from firm's fund, claiming depreciation every year from 1996. now there is a reconstitution in the firm, pl let us know whether the retiring partner has right to claim share in the property of the firm.In the retirement deed we have a clause that " the retiring partner eligible to get the amount standing in his capital account only" Pl explain.


NILESH ARVIND PATKI
11 May 2019 at 20:21

Development agreement

Development agreement done in service tax regime. 2013-14
Till 31/03/2019 , no sale or booking of flat where happen, accordingly new scheme is applicable.
Flat to landowner is not yet allotted.

Query
What is rate of GST applicable for the allotment of flat to landowner after 01/04/2019 .
1% or 18%


SSP MATHIYALAGAN
11 May 2019 at 20:12

Property purchase

sir
we are a firm, we have purchased a property vacant land in the name of 3 partners (actual 5 partners) from firm's fund.We have constructed a building from firm's fund and doing the business in that building. We are claiming depreciation every year. Pl confirm whether the owner of the property and building is the firm or partners in whom's name the document was made during purchase?


CA Sanjay Patel
11 May 2019 at 20:07

Additional depreciation

Assessee has purchased machinery after 1.10.2018 and did not claimed additional depreciation of 10 % in the year 2017-18. Now in current year 2018-19 ,he want to claim Balance (10 %) additional depreciation on the same machinery. is it allowable ?


ATTADA MANASA
11 May 2019 at 18:40

Professional income

Non-professional running hospital can offer professional income


M L SHARMA
11 May 2019 at 17:51

Nature of purchase

We have purchased taxable inward supply vide tax invoice but we can not avail ITC since the supplier (in routine practice) do not pass tax credit to buyer..e.g. Telephone, Mobile expenses, TDS Return uploading Fee etc. These are expenses against which IGST and/or CGST/SGST is charged but the supplier of service do not pass it to buyers.

Now how this taxable purchase should be booked with full amount (taxable value + IGST/CGST/SGST).

Is it INELIGIBLE PURCHASE or should be book as PURCHASES FROM URD? However supplier is not URD, what we should do in such cases?

Thanks in advance!


richa
11 May 2019 at 17:42

Gift/unsecured loan

My father is transferring a small portion of his business to me for starting my business in same field.assets and liabilities being transferred value rs.50 lacs. I feel it would be good if the payment consideration id in form of Gift. Pls guide is this would be right? Secondly if not gift then would it be advisable to show as unsecured loan that i shall kep paying with interest? Third, will there be any tax-ability in this case to transferor and transferre? pl guide Regards


Sonal sharma
11 May 2019 at 14:51

Gst audit and gst annual return

HELLO SIR
PLZ TELL ME ABOUT GST AUDIT AND GST ANNUAL RETURN


rmalhotra

Sir,
If I have to file tax return of my business income under presumptive income scheme u/s 44AD ( as i satisfy all conditions and criteria of that section ) but I have Capital Loss of AY 2018-19,( FY 2017-18 ),Can I still adopt taxation under section 44AD. If Yes then which Return form shall be applicable for AY 2019-20 .? Can I file form 4 by ignoring capital loss incurred during FY 2017-18 as I am not interested to carry forward capital loss. OR I need to file return in ITRForm3 but file it as per provisions of presumptive income.
Is it compulsory that for presumptive income only ITR form 4 is to be filled or even ITR Form 3 can also be sued for such situation.
Pls take query early







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