Advocate Samrat Chaudhari

Questions Answered by Advocate Samrat Chaudhari

Q: What to do in when sebi blocks bank account and financial tools

Hi, This is on behalf of My father Shri chhote Lal Shukla he is working with a company m/s jaig poly mars in Jagdishpur Amethi UP. In 2007 company officials had miss lead him to sign some paper for PF account and make him the director of the company. By 2014 he has aware that he is serving as a director and sebi and another institutions had sent lots of paper to justify the director ship post. Now his bank account and other financial tools are blocked by sebi. Please suggest us for best way.

Advocate Samrat Chaudhari answered
In order to be able to help you, we need to know the reason why his bank accounts have been blocked, is it for to company getting insolvent or a fraud by company because of which director's personal assets are being seized? All of this needs to be examined.Also, it is advised that he should resign from the board of the company with immediate effect

Q: Non payment of interest to builder

Hi, I booked my flat on Aug, 2016.As per their agreement 20% amount to be paid at the time of booking but i didn't paid as was waiting for bank to check property is valid/approved or not so i made payment late and due to that the next 2 payment also got delayed because i took loan from SBI which takes time to process loan and disbursements. Now after 1.5 yr later builder is asking interest for late payment. I told them that due to bank loan approval and process it took time and got delayed. They said that they provide 20 days(which is mentioned in agreement letter also) of time and after 20 days they calculate interest @rate of 11%. Also they sent demand letter through email and from that date they start calculate 20 days and later they sent original hard-copy of letter and my sbi do not accept letter through email. How can i avoid this interest part as its too much for me. Please suggest me is there any way or rule to fight with them. 

Advocate Samrat Chaudhari answered
Please understand that when you sign an agreement, you voluntarily and with free will enter into it.A valid contract is binding on you and as far as terms you have written here, it appears that contact is fairly drafted.Although one can give a complete opinion only after reading the contract completely, but it appears that contract is reasonable and hence, binding

Q: Ex-CA not providing necessary support what to do

I run a small business registered under LLP. My CA had done my VAT registration and had charged me for ROC filing. Due to his under-performance and service I had to switch to a new CA. Turns out my ex -ca did not do my company ROC filing on time due which I was penalized with Rs.40000/-. Due to GST enrollment, my new CA informed me to collect my VAT refundable fee of 25000/-. But the vat officer says my company details are not showing on his system and he requires bank details through which payment was made. As payment was made from my ex-CA's account, I requested him to provide necessary help for getting my refund, but he refused to corporate and provide any help. Due to my old CA I have lost almost 65,000/- so far. Is there any legal action I can take against him for my loss??

Advocate Samrat Chaudhari answered
As far as Rs. 40,000 for late filling out annual return is concerned, if you have a signed Engagement Letter with your CA and you have indemnification Clause in it, he is liable to pay you the money for loss caused due to his mistake.As far as VAT refund is concerned, if you have all the necessary details like payment challans and returns you don't need anything else.But still if you really have time and energy to pursue a recource you can file a complain of professional misconduct with ICAI. The ICAI charges fees for filling the same of almost Rs. 3000

Q: Is it important for a partnership firm to pay gratuity to employees

is it compulsory for the partnership firm to pay the gratuity to the employee please guide regarding ,parternship firm rules and regulations as a employer

Advocate Samrat Chaudhari answered
Payment of gratuity is compulsory regardless of constitution of employer. Which means whether you are a company, a sole proprietor, partnership firm or limited liability partnership, gratuity act applies to you as long as you are employing more than 10 workmen.

Q: Permission to install CCTV cameras in the office whether necessary

Dear Sir/Madam, Is there any law in India for installation of CCTV camera in office premised? Do we need to take any permission for this? Please advise Thanks

Advocate Samrat Chaudhari answered
The answer depends on the location of premises. There are local laws in most of the states requiring an intimation to be field with various authorities like Police, Shops and Establishment authorities. In any case an intimation with Police should necessarily be filed.Also, a sign board intimating visitors that the premises is under CCTV Surveillance should be put up.