Advocate Mohit Agarwal

Questions Answered by Advocate Mohit Agarwal

Q: How to end marriage done it temple which is not registered legally

Hi, Me and My Girlfriend are in relationship from last 7-8 Years. We also get married in Mandir but marriage is not registered so far. Can you please tell what is the legal formalities i should follow.

Advocate Mohit Agarwal answered
According to hindu rites and rituals , the marriage performed in temple is valid marriage.As per your facts, it is very important that you are in wed lock for 7 to 8 yrs.So marriage is done as per law.Registration of marriage is important but does not nullify the marriageSo officially you have to take divorce from court only.In mutual divorce, where both husband and wife are ready, then the court will give 6 mths time , after that the court will provide divorce to both the parties.

Q: What rate of GST is applicable on imported items?

gst rates on imported items and their categorie wise

Advocate Mohit Agarwal answered
It is categarized through your hsn code of the item imported.Note that you have to pay gst i.e igst and custom duty and cess in some of the items.Further you can calim the igst as input credit but custom duty and cess will not be applicable.

Q: Procedure to get Bail U/S 452 and 34 ipc

My friends son was trapped by his friend (main accused) and carried him to his Nana house where the friend misbehaved with senior couple.Both were charged u/s 452/394/34 and they are in custody since 10.06.2017.Three bail applications were rejected.Now I.O is going to file charge sheet.It is learnt that in my friend son case section 394 has been removed whereas in other case sec.394 has been substituted.Earlier bail applications for both were filed by one advocate but now my friend is thinking to file separately as he feels the chances are better for bail. Is he right?.The main accused father is displeased because of this.Nana/Nani has already filed withdrawal of case.

Advocate Mohit Agarwal answered
They are entitiled for mandatory bail under supreme court guidelines.If thier period of 60 days of detention is over and charge sheet is not filled.However fir plays an important role in taking bail.You can also have bail on merits.

Q: Should GST be applied on individual PAN card or company's PAN?

Hi, I do affiliate marketing and blog writing because of which I earn money, last year my income from that was 3 lakhs. With implementation of GST, it seems I need to register myself on GST site and get a GST number, my question is - can I register myself on GST site with individual PAN that I hold or do I need a new PAN card on name of my business (blog writing and all)?

Advocate Mohit Agarwal answered
FreindAs you said that you are doing business in your personal name then you can register as/in your personal name OR you can have your Propreitorship concern which was also governed with the PAN No of yourself only.But If you form , LLP/Partnership/Private Limited, then in such case you have to applied on the PAN No. of them. However your PAN is also needed with adhaar for fulfilling the formalities.I suggest that If your business income is Rs.3 Lakh , go ahead with your personal name or Proprietor ship business concern.

Q: Tax Clubbing Provisions available for a homemaker

I had gifted some money to my wife and she converted the amount into an Fd.The interest on it is added into my income as per the clubbing provisions. My queries- Does she need to fill tax return as she is a homemaker? Do I need to mention my PAN in her bank account to get TDS benefit? In which business she could invest the money so that the clubbing provisions would not be applied? 

Advocate Mohit Agarwal answered
it is hypothecal question.point to be noted1. any gift between husband and wife is not taxable2. take interest in the account of wife and tds to be deducted from her account3. file return with interest and other incomebin name of wifehowever amt of income ,gift ,inerest etc had to take on paperstake advice with all information abovesaid