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One of the best Advocates & Lawyers in Delhi - Advocate Brajesh Kumar

Advocate Brajesh Kumar

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LawRatoSector-4 Market, Dwarka, Delhi
LawRato12 years Experience
Practice Areas
High Court, Tax
About
Language(s) Spoken: English, Hindi, Maithili, Sanskrit
Advocate Brajesh Kumar completed his law in the year 2012 and has been providing services in various fields of law, that is, Arbitration, Tax, GST, Corporate and drafting and vetting of various agreements and documents.

Advocate Brajesh enrolled with the Bar Council of Delhi in 2012. He is a member of the Delhi Sales Tax Bar Association, Delhi Tax Bar Association & Delhi High Court Bar Association.

Courts
  • Appellate Tribunal of Value Added Tax, Delhi
  • Customs Excise And Service Tax Appellate Tribunal (CESTAT), Delhi
  • Delhi High Court
  • Income Tax Appellate Tribunal Delhi (ITAT)
  • National Company Law Appellate Tribunal (NCLAT)

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Questions Answered by Advocate Brajesh Kumar



Q: When and to whom is the gift tax payable

I wish to gift a flat valued at Rs. 43 lakh to my elder brother. How much would be the gift tax on it and who is liable to pay it and when should it be deposited with the Income Tax deptt. ? Plz guide.

Advocate Brajesh Kumar answered
Prepare a gift deed , there are no any liability of taxes in your cases. A real brother comes under relatives category under income tax and gifts from relatives are exempted under income tax ( Gift tax )



Q: Clarification regarding TDS Deduction over property over 50lacs.

I have purchased an under construction property almost nearing possession at the time of sale in Noida for 60 lacs. 50% payment made to builder on behalf of seller and remaining 50% to seller. My question is whether now I deduct entire TDS for my seller or partly on builder and partly on seller.

Advocate Brajesh Kumar answered
Consideration value declared at the time of sale deed/ conveyance deed showing that how much amount you have paid against purchase of this property either directly or through their agent, The TDS will be deducted on the total consideration value declared as above. In the second part- if total value actual paid to the seller or to the agent/builder higher than consideration value excess amount paid treated as commission and no any TDS applicable on that excess amount considered as commission.



Q: How is capital gain tax calculated ?

AS NOMINEE UNDER WILL WE HAVE SOLD OUR PROPERTY IN APRIL 2017 PURCHASED BY OUR FATHER IN 1969 ...AS PER NEW LAW THE INDEXING COST IS TO BE DONE WITH BASE OF 2001 PRICING. SO IN 2001 THE VALUE OF OUR HOUSE WAS AROUND 15 LAKH AND WE HAVE SOLD IT FOR 1.65 CRORE IN APRIL 2017. WHAT WOULD BE OUR CAPITAL GAIN AND HOW TO SAVE IT ? i MAY ADD THAT WE HAVE PURCHASED A FLAT IN 8/2017 FOR 65 LAKH OUT OF THE SALE PROCEED. THANKS

Advocate Brajesh Kumar answered
Yes, you can take the benefit of the flat which is purchased in 08/2017 for rs 65 lakhs. in flat calculation your capital gain is Rs. 85 lakhs but you may reduce this gain by sharing natur of sold property in details.



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 Brajesh Kumar answered
It is depending on your tournover and net profit, if your net profit is taxable you have to file your ITR for the assesment year 2018-19 ( FY. 2017-18 ). In the case of non taxable income it is upto you , you may file ITR voluntarily.



Q: Is alimony paid in mutual divorce taxable?

is one time settlement amount ( lumsum) is taxable for wife in divorce by mutual consent

Advocate Brajesh Kumar answered
No it is not taxable in any condition because it is given by husband to wife. it will be computed as tax free receipt as gift. It is already taxed on husband income, it will be double taxation if tax charge on it.




Frequently Asked Questions about Advocate Brajesh Kumar



Can Advocate Brajesh Kumar represent me in court?

Yes, Advocate Brajesh Kumar can represent you in court. The lawyer is trained to present your case in the most effective way possible.


What should I bring to my initial consultation with Advocate Brajesh Kumar?

When you meet with Advocate Brajesh Kumar for an initial consultation, it is important to bring any relevant documents or information with you. This may include documents related to your legal issue, such as contracts or court orders, as well as any other relevant information, such as a list of questions or concerns you have about your case.


How do I prepare for my initial consultation with Advocate Brajesh Kumar?

Before your initial consultation with Advocate Brajesh Kumar, it can be helpful to think about the specific legal issue you are facing and any questions or concerns you have about your case. You should also gather any relevant documents or information that you think may be helpful in understanding your situation.


What should I expect during my initial consultation with Advocate Brajesh Kumar?

During your initial consultation with Advocate Brajesh Kumar, you can expect to discuss the specific legal issue you are facing and the details of your situation. Lawyer will ask you questions to get a better understanding of your case and will provide you with information about your legal options and any potential outcomes.


How do I communicate with Advocate Brajesh Kumar?

It is important to communicate with Advocate Brajesh Kumar regularly to stay updated on the progress of your case and to discuss any new developments or concerns you may have. You can communicate with the lawyer through phone calls, emails, or in-person meetings.


How much does it cost to hire Advocate Brajesh Kumar?

The cost of hiring Advocate Brajesh Kumar can vary widely. Some lawyers charge hourly rates, while others charge a flat fee for their services. Some also offer free initial consultations to discuss your case. Kindly contact the lawyer directly to enquire about the fee.