Advocate Naveen Kumar

Questions Answered by Advocate Naveen Kumar

Q: What is income tax liability in a case where salary is not being paid

I am working for as an Academic Director in a Delhi based educational company. I have not been paid my monthly salary for 7 months now (Jun 2017 to Feb 2018) I am still on the pay rolls of the company. (The appointment letter indicates that services can be terminated with notice of one month) My Query : Since I have NOT been paid my salary for 7 months, WHAT is my liability towards Income Tax ??

Advocate Naveen Kumar answered
You don't have any tax liability in respect of your unpaid salaries. Tax liabilities on salary income arise if salaries are paid not due. For more info, you may pls call us. Are you working in Aakash, or naraina or vmc

Q: Procedure to take follow up of a case filed in DRT by NRI

Hello - I am an NRI. I have filed a case on joint property holder and the bank w.r.t forgery of my signatures on loan application. The bank official and the joint owner colluded to take a loan by forging my signature. I am back in the US after filing the case. How will I know when the DRT sends a notice so that I can get a stay order? Because I am in the US, how will the DRT communicate with me? Is there any web-site which publishes e-auction notices? Also if the DRT sends notice to my Indian address and if I don't get to see it because I am in the US and after 45 days the bank auctions the property, what are my options then? There is a forgery case in court against the bank as well. Pls advise..

Advocate Naveen Kumar answered
Dear Query Raiser,Before going to DRT, Your bank must have issued notices under section 13 (2) and 13(4) at the registered address in their records and also on the property. Section 13 (2) empowers the Bank to serve a notice to the borrower for taking possession of the assets held as security for the money lent by it. The Bank/FI shall serve notice to the borrower to discharge his full liabilities within 60 days from the date of notice that should also detail out the legal consequences and penal provisions. Which can be objected by you in writing and Bank must reply to you before initiating any action under section 13 (4) of taking possession of secured asset including the right to transfer by way of lease, assignment or sale for realising the secured asset. This notice shall be served on the registered addresses of all the borrowers of the loan, including property.Service of Demand and other Notices : The service of demand notice shall be made by delivering or transmitting at the place where the borrower or his agent, empowered to accept the notice or documents on behalf of the borrower, actually and voluntarily resides or carries on business or personally works for gain, by registered post with acknowledgement due, addressed to the borrower (or his agent empowered to accept the service) or by speed post or by courier or by any other means of transmission of documents like fax message or electronic mail service etc.So is the case with DRT which will issue all notices if Bank goes to DRT in case of any enforcement, as per the information provided by the bank in their application which shall surely be the place where such notices were sent and as per their records.So it is important for you to update your correct correspondence address with the lending bank ASAP with correct email id and contact information so that all the notices can be sent to you, alternatively you can appoint your authorized agent / lawyer in India to deal with such matters and inform the bank formally. Pls note that servicing of notice at the registered address as per their records shall be sufficient if the same is received or refused unless new address is updated with the bank.Now we need to know,1] Has the bank already proceeded with the DRT 2] Has the bank issued any demand notice if yes, you may write to the bank with your objections and pendency of suit and other contentions. 3] You may approach high court of competent jurisdiction to get relief.4] has the bank issued possession under section 13 (4) if yes, you can approach DRT of competent jurisdiction to get stay or relief under section 17 (1) of SARFAESI Act.You may take further advise / action from / by any proficient lawyer to deal with the matter on your behalf.With RegardsAdvocate Naveen KumarSr. Advocate and Managing Partner- NK & Partners Law Offices