Advocate Vidyadhar Apte

Questions Answered by Advocate Vidyadhar Apte

Q: Unpaid GST by buyer of services.

HiI'm IT consultant , my team worked for Aarna Intech Solutions Pvt Ltd.(GSTIN: 37AAQCA2064B1ZV). during Nov-19 to Feb-20. Aarna forced me to pay GST to government in advance, by saying they wont release GST amount until I pay GST from my own pocket. Which I did.Now after 2 years Aarna Intech (GSTIN: 37AAQCA2064B1ZV) has not paid the GST to me. Please let me know the way forward.ThanksVishal

Advocate Vidyadhar Apte answered
it seems that your client asked you to make payment of GST in advance and now did not pay you decided amount. It also seems that your payment terms are depending upon GST payment made by you. once you submit the details of the payment made by you of GST be able to receive the payment incase he failed to make the payment then you can file a civil suit against your client however GST department I cannot help you in this regard one more thing you can do it that GST payment made by you if at all taken as input tax credit by your client then you can report to the jurisdictional GST office of your client

Q: Coins and notes collection in india

Is collecting of old coins ( mainly of British India and east india company ) legal in india ? Are there any laws one should be aware of while making a collection?

Advocate Vidyadhar Apte answered
if it related to collection purpose then there is no harm however if you want to exchange in consideration of currency either in Indian rupees or foreign currency then you have to follow FEMA norms...refer the same and then deal, if you wish to

Q: GST Return can one month return considered for another return

We have not consider GST sale in feb 2018 now we realised that there was mistake what we can do?? Can we consider in June 2018.

Advocate Vidyadhar Apte answered
Its a general mistake nowadays. yes you can booked it. however, the payment is to be made of GST with interest. so far, the details you have not written about why have you not booked the same in GSTR-3B, still if you might have been shown the same in GSTR-1 then you can rectify the mistake

Q: Tax implications to be considered while converting NRE account

Hello, Husband and wife both have been working abroad but only Husband had NRE Accounts. Wife Income also transferred to Husband's NRE Account. 1. Now upon return to India (after 8-9 years, for good) and when Husband converts NRE Account to Domestic Account and opens separate Domestic Account for wife and transfers money to her account, will Clubbing be applicable for Tax purpose or won't be applicable and Tax burden can be shared this way ? 2. Any other Tax-efficient advise ? Thanks in advance

Advocate Vidyadhar Apte answered
It seems your query is related to income Tax. kindly contact the portal once again and ask them to fwd your query to the concern authority like CA or financial Consultant. I am practicing in Indirect Tax, therefore, not been able to give you proper guidance in this regard.

Q: Tax liability on gift of immovable property by company to directors

Is it possible for a company (pvt ltd) to gift immovable property ( residential) to its directors. What will be the tax impact of the same, both, on the company as well as on the said directors.

Advocate Vidyadhar Apte answered
It seems that your query is related to direct tax i.e. Income Tax. unfortunately, i am not practicing in Direct Taxes. therefore, you are requested to contact the concern person through Lawrato once again.