Advocate Karan Prithviraj Adik

Questions Answered by Advocate Karan Prithviraj Adik

Q: GST in case overseas legal service but client's location in India

Sir, As advocates are exempted from GST Registration, there is no confusion about it. What if advocates are providing services to overseas client and the service is given / consumed in India, but the location of client is outside India. 

Advocate Karan Prithviraj Adik answered
The GST will be payable but on a reverse charge mechanism basis by the client overseas company receiving such services. They must pay you full and pay and pay the percentage of SGST to the government.

Q: Is GST registration compulsary for every share trader

I am a share trader I want to know is GST registration compulsary for every share trader ?

Advocate Karan Prithviraj Adik answered
Yes if you have a total turnover of Rs. 20 Lakhs or more then you will have to file your returns reflecting the brokerage / commission that you receive from the share trading activity under the GST regime.

Q: GST for IT industry

Hello, I run a company which provides a variety of IT solutions such as apps, websites, web apps, etc. So how will GST applied to me? Current I'm a service tax assessee.

Advocate Karan Prithviraj Adik answered
Easy. Basically you want to know about the tax rate, registration, and input credit mechanism under GST and how different will the compliances be from the current regime. We have an 6 step easy solution package for the IT sector which you can avail for free once I provide you with a legal opinion on the issue.

Q: Is service tax applicable on society mainteinance?

Hi Team, Please confirm if builder can charge service tax on society maintenance while giving possession of new flat. I'm about to get possession of my flat and builder is charging 2 years of maintenance with 15% of service tax in advance. While checking online I came across one website where it's mentioned that builder can charge but there are some exceptions as if monthly maintenance is less than 5000 then service tax is not applicable, is that the case? While discussing with builder, they told that it's applicable when ST is charged by builder however when society is formed after that ST is not applicable, is it true? Please help on this.

Advocate Karan Prithviraj Adik answered
As per the latest CESTAT judgements, such one time maintenance charges are not liable to undergo service tax. Even when the housing society is formed, then based on the principle of mutuality, service tax is not leviable.

Q: Termination of employment without notice period

I worked with a IT Co for a year as manager HR and my employer called me on 31 Mar and said they are terminating me immediately for performance reason. I did not receive any warning in writing or verbally before neither any notice. They also refused to pay anything in lieu of notice period saying that appointment letter says that company can terminate an employee for performance without and payment. being HR I knew that appointment letter has this in written, I tried to tell them while in service but management did not agree. Hence it was there in letter. Also they have done this before with 3-4 employees more. I want to ask can they write this legally and m I not eligible to get any payment in lieu of notice period. If I am then, would it be my gross salary or basic salary. PL suggest.

Advocate Karan Prithviraj Adik answered
You can raise a labour dispute and you will obtain good orders if you can show you worked there without any controversy. Your termination without a show cause notice is illegal and bad in law so you must challenge such high handed actions.