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Question & Answer


J

Jayesh Saha

18 Nov 2020

I joined a new company in September 2019. As per my joining rules, I had to forego 1 month salary If I resigned from the company without serving a mandatory notice period of 1 month. Since I did not serve any notice period, the company did not pay me 1 month salary. However, in my 26AS form, I can see that the company has filed an income tax return against the salary not paid to me also. That is, the total gross income recieved from the company by me INCLUDES that 1 month salary that was not paid to me. So now I have to pay taxes on extra 1 month salary that I am never going to receive. I wanted to ask, is this OK? Are companies allowed to do that? If not, what is the legal recourse I can take?

Replies (1)                          

CA Puja Sharma       18 Nov 2020

1. Whether the 26AS only reflects Salary for that 1 month or there is TDS deducted also pertaining to that month?
2. If no TDS have been deducted then you can claim lower salary in you Income Tax Returns.
3. But you are very likely going to receive intimation that you have claimed lower salary as compared to 26AS.
4. You can mail to the company for revision of their TDS return on account of this error in salary.

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S

Subhasish

17 Nov 2020

Is it mandatory/compulsory to file INC-22 after new pvt ltd company incorporation?

Replies (1)                          

CA Rakshit Jain       17 Nov 2020

No, only if there is a change in the adress of the company, or if you have not given the adress at time of incorporation of the company, then only you are required to file this form. For more details call @ 9587334442 or mail at rakshit1192@gmail.com

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L

Lava Kumar

17 Nov 2020

We are into commercial property leasing business. I would like to know whether i can claim ITC on the gst received from the business for purchasing laptops, phones and other consumer electronics for office purpose?
I would also like to know what all i can claim ITC in this scenario.

Replies (2)                          

CA Rakshit Jain       17 Nov 2020

The items mentioned in the question are capital assets and if primarily used for the business then you can definitely use/claim the GST as ITC.
For more info call @ 9587334442 or mail at rakshit1192@gmail.com

CA Puja Sharma       18 Nov 2020

Yes, you can claim ITC if these assets have been capitalised in the books of accounts of the business.

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R

Raj

16 Nov 2020

I am a freelancer. I provide services to a US firm. Should i pay service tax on payments received?

Replies (3)                          

CA Puja Sharma       17 Nov 2020

yes, export pf service is zero*rated supply under GST.

CA Deepak Kucheria       17 Nov 2020

Need to check the nature of services and modus operandi to determine whether it is export. If it qualifies as export then no need to pay GST if you opt for LUT. For further details you may contact at +91-9911744028

CA Rakshit Jain       17 Nov 2020

If you are directly providing services to US firm without any connection of them in india then i suggest there is no liability to pay. Bur require more clarification on this isuue.
Call at 9587334442 to discuss.

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K

Koovapady Nageswaran Krishnan

15 Nov 2020

I am Canadian passport holder but have NRO accounts in Indian banks. How can I file my tax returns on the interests generated from my investments (FD etc.) since I am a foreign national and do not have an Indian passport?

Replies (2)                          

CA Puja Sharma       16 Nov 2020

Do you have PAN card in India?

CA Navin Jain       16 Nov 2020

Hi Mr Koovapady, Duly noted the details. We deal in expatriate taxation. You can connect us at canavinjain1@gmail.com/ +91 9830375894. Alternatively you could also visit us at www.globaltaxation.in

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