Advocate Manoj Kumar

Questions Answered by Advocate Manoj Kumar

Q: What is the punishment under law for drink and drive

 I am a 20 year old MBBS student with college outsidr Delhi but have home in Delhi. I was driving througj Chanakyapuri and confidently passed through a police checking for drunk driving. When Breath analyser was used, it showed my reading 50, permissible reading is 30 under MVA. I had just consumed paan 5 minutes before and a cough syrup and listerine mouth wash from home. I did not drink at all. Car was released at spot with a friends license which I got from whatsapp, and I was given court challan for 24.09.2018, and license was impounded. I am terrified and can not even tell at home to my parents since I have exams aswell in next few days, please guide me. I do not want my parents to know or get imprisonment as stated in the act. I can pay fine upto Rs 2.000-2.500. What shall I do?

Advocate Manoj Kumar answered
I think under the circumstances u r not required to worry to that extent. But once u need to visit civil line after a month for getting ur licence released. But u have to pay certain fine. If u still being harrased in any manner by police authrities then u must engage advocate or to consult before reaching them.

Q: Rules related to foreign currency brought by Indian national

My Friend Come From abroad and She has 30000 foreign currency which was deposited in bank by custom and after that, they take approx 2 lac from me and nothing has been credited to my account and now they say you have to deposit 75000 more plz help me

Advocate Manoj Kumar answered
your fact is not clear to answer anything particular in your case. therefore, i would advise you to please either clearly state your fact or engage any advocate and reach him to discuss properly . unless you say complete fact, i would not be in position to answer your query.

Q: Appealing for waiver of interest on tax and penalties at Apellate trib

Hi, my dad was an NRI and came back to India after retirement in 2001. He hasn't earned any money in India before or after 2001. In 2008, his sister gave him money in cash as per his share in sale of old ancestral property sold in 2001. In 2016, the IT dept asked them to file taxes for 2008 year in which he declared the inheritance. This was however treated as concealment and tax plus interest for 8 years period (2008 to 2016) and extra penalties for failing to meet the Assessing officer were levied on them...the total amount is 4 times the tax. (my parents are senior citizens and were not in good health and missed only one meeting) On appealing to the CIT (A) stating that we were incorrectly accused of concealment, the appeals officer rejected it saying only Affidavit of dads sister stating she deposited the money in my dad's account was not enough and a sale deed was needed which was lost..is it possible to ask for waiving Interest and Penalties at Tribunal level.

Advocate Manoj Kumar answered
Hi, so far i understand your query that Assessing officer has created demand under section 143(3) of Income Tax Act, and might have initiated penalty proceeding and subsequently have confirmed too. you can file appeal against the impugned order passed by assessing officer to CIT (Appeal) . i am tax practicing and if you wanted to avail my service you may contact me with copy of impugned order. my contact number is nine eight triple five zero one zero one zero.

Q: Is employee liable if employer deducts TDS but fails to pay to govt.?

My employer has deducted TDS but not deposited to the govt. Is it my liability to pay

Advocate Manoj Kumar answered
as per income tax Act, yes employee is liable for the same yet there is certain judicial decision in favour of Assessee wherein it was held that employee is not liable for the same once tds deducted and form 16 issued in favour of Assessee.

Q: Legal remedy against IT fraud framed as son did fake signature

My question is that Sir/Mam I cought in a income tax case uncessarly without my any fault and my age is now 70 year my own child done fake signature and they framed me in income tax case of liquors shop so I want to ask that should I go to national commission of women and how much it will coast I hope you will give answers

Advocate Manoj Kumar answered
In case of income tax case national commission has no jurisdiction. Plz tell details fact for specific reply. At least section under which u have been framed need to discus. Also tell about assiation with lequer business.