Advocate Ashish Shaw

Questions Answered by Advocate Ashish Shaw

Q: Escalation cost and delay in possession of flat by builder

Hello Sir, I have purchased a Flat in 2013. On dt. 17 July 2018, I received a mail from builder mentioning Escalation cost of 3.63 Lacs. Also they delayed the Project by 802 days and blaming Government policies for the delay. For that they have reduced the project delay to 1.5 years and giving Compensation of around 1.5 years only. I bought the Floor on CLP plan. They said the Policy guidelines cleared in 2014. If that has been the case, why they took 75% of the Payment before 2014. This is clearly an unjustified explanation. Regards,

Advocate Ashish Shaw answered
Hello Sir, this is the issue almost every home buyer is facing today in this country. You can file a case against them and they will be bound to refund your money with intertest for the delay in possession. If you claim is more than 1 crore then you can file in NCDRC.

Q: Husband not living with wife want to file for divorce

I'm a 30yrs Hindu girl. I got married in 2008, after 10 years of marriage, my husband confessed to me that he doesn't want to continue our relationship. We have 7 year old son. Can I get Divorce?

Advocate Ashish Shaw answered
Hello Ma'am, you can both apply for a mutual divorce. if you are in Delhi, I would suggest that you that go for a pre-litigation settlement agreement in Mediation centre. Then you can file your divorce without any hindrance as all the settlement terms will be recorded.

Q: Operator raised bill for service delivery in oct will he be liable GST

Sir, I am a Tour Operator and have raised bills with GST to one of my corporate clients in October 2017 for services provided in October 2017. The vendor has paid the bill in December 2017. In this condition, when do I become liable to remit the GST amount and show it in my GSTR 3B.

Advocate Ashish Shaw answered
Hello, You are liable for GST when you raised the bill to your client in the month of October. As it is the principle the liability is calculated when:a) Invoice is issuedb) Amount realised in Bank Account, whichever is earlier.So, your issuing of invoice event took place earlier, then you are liable to show that in your GSTR 3B for the month of October.

Q: When to file an ITR for a business

I have a family wear showroom and i have started this 3 months ago i.e in october .can u pls tell me when i have to file my first itr?

Advocate Ashish Shaw answered
You will have to file your first Income Tax Return by 31st July 2018. It will be filed for the Assessment Year 2018- 2019. Income Tax Return for any Financial Year is filed by 31st July after the Financial Year ends.

Q: Procedure to follow when cheque gets bounced

Can the above Company be sued under Sec 138, as their Cheque dated 21.09.2017 has bounced for an amount of Rs 1.5 lakh, given as security for the principal amount of the FD made in 2014 for 3 years ? Interest has also not been paid. My bankers  have returned the cheque. I gather the Company has closed this a/c. I represented to the Company in writing on 01.12.2017 after visiting the Company twice,in the meanwhile, as I was not aware that the representation in writing was to be made within 30 days after the cheque was dishonored. Further,I have another cheque dated 30.10.2017 for Rs 1 lakh against another FD which I have not deposited yet,since I learnt from the Company during my two visits that their related a/c had been closed. Please give me your FREE expert legal advice,to enable me to decide further course of action.

Advocate Ashish Shaw answered
Please present the Cheque again to your Bank to raise a fresh cause of action. Once you get the dishonourment remark again from the bank, hire a lawyer to send them a legal notice to pay you the money within 15 days of the receipt of such notice by them. If they pay within 15 days, well and good. Otherwise, ask your lawyer to file a Criminal complaint against the Company within 30 days from the expiry of 15 days mentioned above U/S 138 read with 142 of the Negotiable Instrument Act. If you are in Delhi, I can send the legal notice and if the need arises, can also file and contest the case for you. Please remember the above mentioned time period, its mandatory.Thank you!