Advocate Tanmay Sadh

Questions Answered by Advocate Tanmay Sadh

Q: Should I mention about Fidelity account in ITR for FY 2017 to2018

I was Granted RSU in July 2017 and my Fidelity account was opened by employer but these RSU were not vested in FY2017-18. These will vest in Jul 2018. Should I mention about Fidelity account in ITR for FY 2017-18 and which ITR to file ?

Advocate Tanmay Sadh answered
RSUs will give you an interest in company stock but will have no tangible value until vesting is complete. The restricted stock units are assigned a fair market value when they vest. Upon vesting, they are considered income, and a portion of the shares are withheld to pay income taxes. Therefore you are not required to disclose the same in your returns for FY 2017-18.Now coming to your next question about which return to file it depends upon the nature of your job and your salary. Until and unless you tell me about that I cannot comment on the same. But mostly you will have to file ITR 4

Q: Blank cheque deposited with payment more than the loan taken

I have taken a friendly loan of Rs. 50,000/- and given a blank cheque as a security. Now that person has himself filled the cheque for 9 lakh rs and got it bounce. He send me a legal notice stating that he has given me 9 lakh Rs , some through bank transfer and some through cash. But this is false. Neither he has given any amount in cash nor he has any proof for that. He is clearly saying that he will bring false witness for this. I haven't received any cheque photocopy or anything like complaint copy. What shall I do? Can I file a counter case of blackmailing and cheque forgery in him?? Should I have to appear for the first hearing?? Or my lawyer will do with his presence.

Advocate Tanmay Sadh answered
You need not worry.... since he has no proof of the payment of Rs. 9lakh therefore he doesnt not have a good case without supporting evidence... on the contrary the bank transfer if any will act as a proof in your favour... I would rather suggest you to apper for the first hearing and then move an application before the concerned judge for exemption for personal appearance. Regarding filing of a counter complain you can definitely file a conter complaint against him but you should have evidence of the same. In case you need any further help let me know.

Q: Can subvention buyers move to NCDRC in case of delay in possession

please clarify whether people who purchase property under subvention scheme ie. PRE EMI paid by builder either for first 02 years/possession can be classified under consumers to move NCDRC in case of dispute for delay in possession or refund due to delay in possession?

Advocate Tanmay Sadh answered
Yes, the purchasers of property under subvention scheme will fall under the definition of consumer under the Consumer Protection Act and you can definitely proceed to NCDRC for filing a complaint in case of delayed possession of the property. However it is advisable to first cancel the agreement between you and the seller and ask for refund of the total amount along with interest. If the same is denied then you can move a complaint before the Consumer Forum. However a more feasible option would be to move to the RERA Authority which is a specialized body established to deal with such cases.

Q: How to file case against a coaching centre for fraud

Sir I had purchased maths video lectures for IIT in November 17. At the time of purchasing seller made false promises said that the lecture has total duration of more than 200 hour and no. of videos is around 600, but when I viewed the lecture thenbit had total duration of only 150 hour and around 4 chapter are missing from it. When I mailed them about missing chapters then they said that they will send downloadable links but they have not done it. I feel cheated. Can I complaint in consumer court. I had bank payment slip, but I do not have call recording in which he had made false promises. Thank you

Advocate Tanmay Sadh answered
Yes you can file a consumer complaint but before that you should serve a legal notice. A well drafted legal notice itself can help you get back your money. In case they do not reply to the notice or refund your money then you can file a consumer complaint befor ethe consumer forum for deficiency in service. Let me know if you require a detailed legal notice.

Q: Can service tax refund be claimed be me on a flat that I had bought

We had purchased a flat in Noida in 2012. We have heard that as per law now buyers can claim service tax refund with 6% of interest that they had paid to builders. I want to know process to claim service tax refund.

Advocate Tanmay Sadh answered
Service tax refund can be claimed if you have paid the same on an under construction flat in a scenario where the price of under construction flats included the cost of land as no service tax shall be payable on the value of land. The same has been held by the Honble Delhi High Court in the case of Suresh Kumar Bansal Vs Union of India & Others. The same pertains to all the payments of service tax on under construction flats purchased after July 2012. If you have purchased your flat after the said period service tax refund can be claimed by filing a refund application before service tax authorities. For any help regarding filing the same you can seek my help at any timeThank you