Advocate Gaurav Sharma

Questions Answered by Advocate Gaurav Sharma

Q: How to claim Income tax refund of deceased

How to take income tax refund of the deceased (mother ) especially when all the saving bank accounts have been closed. Can the son give his saving bank account number & collect the refund while filing IT return online. If not what is the process to claim.

Advocate Gaurav Sharma answered
The nominee of the deceased can operate the bank account of the deceased and transfer the funds to the son. If, however, the deceased passed away without appointing a nominee you will have to prove that you are a legal heir of the deceased for which you will have to obtain a succession certificate from the District Court or High Court (if in Greater Mumbai).

Q: Tenant not vacating flat and not paying other dues.

I am stuck with a bad tenant who are not vacating my flat since notice issued in Jan. 2020 and are also declining payment of maintainence and increment in rent after Agreement is void in April but they continue to possess property claiming a victim under corona pandemic.

Advocate Gaurav Sharma answered
The State Government of Maharashtra has indeed issued an Order requesting landlords to go easy on tenants and not evict them for non payment of rent for the months of April, May & June. However, as you have stated earlier that you have served the tenant with a notice way back in Jan your case is on a diffrent footing. Try to resolves the dispute amicably amongst yourselves as the small causes court is not fully functional and getting an Order may take about a couple of months. If the discussions do not work out then issue a legal notice putting the Tenants to terms.

Q: How To Apply For Government Lawyer

How to get a government lawyer? Due to the lockdown we are unable to pay private lawyer fees so how can we apply for a government lawyer

Advocate Gaurav Sharma answered
You will have to apply to the Legal Aid Cell of the concerned Court before which your grievances can be redressed. They usually have a form which has to be filled up along with an application seeking the assistance of the Legal Aid lawyer.

Q: Complaint against person for recovery of loan amount.

few years ago i have given 7000/- rs. to frnd... and now he is not returning money.... and now i want my money back with interest... so please help me out from this worst situation..... and suppose if i file a case against him what is the percentage of winning case......

Advocate Gaurav Sharma answered
If you had given him the money more than 3 years ago and you have not yet initiated a suit for recovery you will not be able to claim the money back let alone any interest on it. Also, the medium by which you gave your friend the money is also an integral aspect in recovery of the money. If you gave him cash without any acknowledgement of an understanding it will be very difficult for you to prove your case.

Q: Can i advertise my professional services

I provide accounting services in PCMC(Pune). I want to distribute handle/pamphlets regarding services I provide in adjoining area, send bulk email, advt. on quikr in order to get more business. I am B.Com but neither Tax consultant nor registered GST Practioner. My query : As I provide professional services, I can’t advertise like such? OR any other infraction of law? Please advise.

Advocate Gaurav Sharma answered
I answer your query with the assumption that you are a qualified chartered accountant as defined under the Chartered Accountants Act, 1949 as amended from time to time. Under the said Act, under Chapter V (Misconduct) under section 22 (Professional Misconduct), a reference to Schedule 1 has been made. As per Schedule 1, PART I : Professional misconduct in relation tochartered accountants in practice, a chartered accountant in practice shall be deemed to be guilty of professional misconduct, if he: (6) solicits clients or professional work either directly or indirectly by circular, advertisement, personal communication or interview or by any other means:Provided that nothing herein contained shall be construed as preventing or prohibiting−(i) any chartered accountant from applying or requesting for or inviting or securing professional work from another chartered accountant in practice; or(ii) a member from responding to tenders or enquiries issued by various users of professional services or organisations from time to time and securing professional work as a consequence;(7) advertises his professional attainments or services, or uses any designation or expressions other than chartered accountant on professional documents, visiting cards, letter heads or sign boards, unless it be a degree of a University established by law in India or recognised by the Central Government or a title indicating membership of the Institute of Chartered Accountants of India or of any other institution that has been recognised by the Central Government or may be recognised by the Council:Provided that a member in practice may advertise through a write up setting out the services provided by him or his firm and particulars of his firm subject to such guidelines as may be issued by the Council;You should solicit/advertise your business only in the manner as prescribed in the Schedule reproduced above.