Advocate Sanket Gupta

Questions Answered by Advocate Sanket Gupta

Q: Is selling first copies of branded products legal in India, or is selling first copy illegal?

I want to start a new business selling first copies of branded shoes and other products. Is this a legal business in India, or is selling first copies illegal?

Advocate Sanket Gupta answered
It is a legal business until & unless the design of the shoes is protected.If the design of the shoes are protected than you cannot sell those shoes.Also the brand is protected so you cannot sell the shoes with the brand nameNo it is not a crime

Q: Company not settling Full & Final of accounts

I have worked at a level of Assistant General Manager with one pvt. ltd. company for six months. While leaving the HR department has taken a stand that Full & Final settlement will be done only after collecting NOC from the business associates appointed by me. In my appointment letter there is no where mentioned about this. Is senior person like me has to collect NOC because I was not at all involved in direct dealing with the business associates. It is only applicable to the front line people to do so. Now the HR people have stopped answering my calls also. Now steps do I take to get my salary plus traveling expenses I have incurred before leaving the company. My resignation was accepted within 5 minutes on mail by Boss Director of the company. Kindly guide me as it is already a month I have resigned . There are so many other employee also who have left but the company is not settling their dues.

Advocate Sanket Gupta answered
Either you can file the application in consumer forum or you can file an application before NCLT if your claim amount is more than 1 lakh also suggesting to all of you to file application together as it will create pressure.

Q: How to claim refund from an university

Hello sir I am currently studying in vit bhopal University. I am in 2 yr there.and we have paid full fees. I got admission in MSc it in daiict So i want to pursue education there. But i have already paid fees for 2 yr at vit bhopal University How can i claim fee refund

Advocate Sanket Gupta answered
It Depends because there shall be an agreement between the university and you and if there is the criteria that the fees by the student has to be paid in advance then you cannot claim the fees back only because you get admission in some other university

Q: How to file income tax return as per income

Which Itr form shoul be filled? Have salary income of 156000 and brockarage/ commition income 90000 which itr form should be filed and wher to show commition income?

Advocate Sanket Gupta answered
both are income only. But you have to file nil return as the liability to pay is Income Tax is Nil.If you want any assistance for filling return then either contact me or contact any CA who can help you in file

Q: What to do if the university is not mentioning the subject on degree

I have completed a PhD degree, and am about to submit my thesis to the college library. The university has said I cannot mention the subject of my research on the first page of my thesis. Till now all thesis have carried the subject/field of study. The rules were changed at the time of my final Viva. Also the degree I will be given will have only PhD written, with no mention of subject/field of study or the thesis title. I have already requested the academic committee but they have refused to revise the rules for the same. I am the first student to complete a PhD in my field of study at my University. I feel that this will impact my future research and career prospects. My thesis is in no way related to other research studies at my University, and I would prefer that it were not inferred to be so due to lack of thesis field / title on the degree certificate. Is there a legal way to make them mention my field of study on the degree?

Advocate Sanket Gupta answered
Yes you move ahead in filling an application before the consumer forum.please share you details so that we can move ahead with that.Prima facie you seem to have a very good case in your favor so i strongly advise you to move ahead with that