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Question & Answer


A

Aarthi Muthiah

9 Nov 2020

I have a notarised trust. I am going to register it now and I am the trustee while my father is the owner of the premises where the office of the trust is located. Will I require an NOC from my father? If yes, what is the format of the NOC? And how should the NOC be printed (Plain paper/ stamp paper/ letterhead)?

Replies (2)                          

CA Puja Sharma       10 Nov 2020

Yes, you need to take NOC from your father. You can take standard format of NOC generally which we take for GST registration etc.. Its optional to have the NOC on a stamp paper.

CA Namita Agarwal       10 Nov 2020

Yes, you will require NOC. You can refer to formats available online. It is preferable to print NOC on stamp paper though it is not mandatory.

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T

Tejashree

9 Nov 2020

Are octafx and olymp trade registered with sebi? Can i trade on these platforms

No Reply  


T

Tejashree

9 Nov 2020

What is forex, binary and intraday trading? Is it legal in india?

Replies (2)                          

CA Namita Agarwal       9 Nov 2020

Forex trading is the means through which one currency is changed into another.
A binary option is a financial exotic option in which the payoff is either some fixed monetary amount or nothing at all.
Intraday trading imply a trade closed within the span of one day or one trading session. Such traders square off their trades, that is, buy shares and sell shares or other financial instruments before the closing of the market each day.
Forex and intraday are legal in India.
For more info pls connect on
+91 93545 62098/ info@fincheff.com
https://www.fincheff.com/

CA Puja Sharma       10 Nov 2020

Intraday and Forex trading is legal in India. In case of Intraday trading one can trade into equities, Futures & Options, Commodities etc.
Forex trading is allowed upto a certain boundary by RBI. However binary trading is not allowed in India.

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J

Jaideep Singh

8 Nov 2020

I have Long Term Capital Gain in my Pvt Ltd Company and no other income. My tax liability comes out higher in MAT (Minimum Alternate Tax) as compared to Long Term Capital Gain Tax. If I opt for section 115 BAA can I avoid MAT and pay tax as per section 45 of IT Act

Replies (1)                          

CA Naman Maloo       15 Nov 2020

Yes you can avoid MAT if you opt for section 115BAA

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A

Atul Jain

8 Nov 2020

We opened a small partnership firm in India whose main job is to connect teachers in India with clients outside India. The company provides online classes for various courses where teachers in India are the vendors for the company and the clients are all outside India and the payments are all received in the current account in foreign currency (converted to iNR by paypal) transacted via paypal. Since the client is located outside India, the company cannot charge GST and hence not sure whether company will come under export of services or intermediary services. Also, can the firm apply for GST composition tax

Replies (4)                          

CA Naman Maloo       8 Nov 2020

We need to understand this transaction more whether you have crossed 20 lakh threshold or not and whether you are earning commission as you said you provide teachers to foreign company.
You can book a GST consultation with expert and discuss it in detail at: https://www.taxontips.com/category-goods-services-tax-gst-registration/

Atul Jain    8 Nov 2020

Well, technically it is not a commission since I get the money in my account from foreign clients via paypal and then I give money to the teachers at a fixed rate. Teachers in this case are hired by me as a freelancer or a contractor or a vendor.

Atul Jain    8 Nov 2020

I have not crossed 20 lacs till now but i am not sure if I have to take GST registration from day 1 without any threshold since I am not sure if this actually falls under intermediary services

CA Deepak Kucheria       8 Nov 2020

It appears the firm is working on P2P model where it will earn revenue from its clients outside India and discharge payment to the teachers for their services which will be treated as its expense. Prima facie it would not be covered under intermediary service. However, agreements need to be analyzed before making final opinion. Further, w.r.t. composition registration, condition of inter-state supply need to be evaluated. For legal opinion you may contact at +91-9911744028 or deepakkucheria@gmail.com

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