[esoticoreventon]

Hello All! Need some advice from lawyers in Chennai.

I had recently vacated an apartment and made the mistake of not getting the advance amount returned before vacating the house. Now the house owner has returned only a measly amount back to me and is refusing to answer my questions and is refusing to return the remaining amount and is not even giving any reasons.

I do not wish to post more details in a public forum but can someone please take this case up on my behalf as I feel cheated and the owner is acting like a bully. If anyone can help me, please email me at karthik.m1098@gmail.com and I will provide more details.

Thanks in advance!

[tikku.dk]

Originally Posted by deathwalkr

What is the current legality regarding PPL (Public Performance License)?

One of our retail store franchise plays music and we had a visit by someone from PPL and asking us to take license.

:(

Play music from a licensed medium like spotify. Ensure its for entertainment and not for monitory gains

[1985Darkkid85]

Need advice from Lawyers, preferably in Bengaluru.

I have been called to the local Police station , as retailer Metro cash and carry have complained on me.
Reason being that i have mailed their CEO to stop adding me to DND and stop sending me promo messages.

Their 1st and 2nd level support were being useless and i resorted to mailing the top honcho.

The S.I was not willing to give any details over phone and just asked me to come to station, although i am not sure where i have erred.

Something to worry? I am going abroad in 3 weeks.

[ronford]

Originally Posted by 1985Darkkid85

Need advice from Lawyers, preferably in Bengaluru.

I have been called to the local Police station , as retailer Metro cash and carry have complained on me.
Reason being that i have mailed their CEO to stop adding me to DND and stop sending me promo messages.

Their 1st and 2nd level support were being useless and i resorted to mailing the top honcho.

The S.I was not willing to give any details over phone and just asked me to come to station, although i am not sure where i have erred.

Something to worry? I am going abroad in 3 weeks.

Was the email derogatory or abusive that he complained to the police? I am not able to understand why police are being involved here.

[1985Darkkid85]

Originally Posted by ronford

Was the email derogatory or abusive that he complained to the police? I am not able to understand why police are being involved here.

I don’t recall being abusive or derogatory in nature.
Hope this don’t spin the tails of this case wildly.

[mtripathi13]

Dear Members.

I just got my membership approved. I am a Practising Chartered Accountant based in Kolkata. I would be delighted to help out fellow members in respect of their technical queries.

Please note this this is not solicitation for professional work, but just pro-bono professional advise on the problems faced by the members.

Warm Regards
Manish

[fordday]

I have a query for the lawyers regarding arbitration in civil dispute.

We gave our land to a real estate builder to build flats through a Joint Development Agreement (JDA). In return we were to get flats and some money.
Builder handed the flats and only a portion of the money. Citing covid delays and a municipal deptt case foisted by our neighbour against the construction of the building, the builder is not forthcoming to pay the remaining money.

JDA has a arbitration clause.

How do we proceed on this?

[Capri89]

Originally Posted by mtripathi13

Dear Members.

I just got my membership approved. I am a Practising Chartered Accountant based in Kolkata. I would be delighted to help out fellow members in respect of their technical queries.

Warm Regards
Manish

Congratulations Manish. Hope you have a thriving practice.

A quick question on NPS.

I am a govt. employee (suppose). My NPS deduction from salary should be under Section 80 C (150000 limit) or under 80 CCD(1B) (limit of 50000) as self contribution.

Thanks in advance.

PS. Although this is quoted to Manish, other experts can also clarify.

[mtripathi13]

Originally Posted by Capri89

Congratulations Manish. Hope you have a thriving practice.
A quick question on NPS.
I am a govt. employee (suppose). My NPS deduction from salary should be under Section 80 C (150000 limit) or under 80 CCD(1B) (limit of 50000) as self contribution.

Thanks in advance.
.

Dear Sir,

At the outset, let me thank you for your wishes. I am sure with my hard work together with the good wishes from well-wishers I will succeed in my career.

Coming to your query, the deduction from employee is his own contribution and is covered both by the section 80 CCD(1) and 80CCD(1B). The amount of contribution on which deductions is claimed in one section shall be unavailable for the other section.

However, section 80CCD(1) is a subset of the blanket deduction of 1.50 lacs as envisaged in section 80CCE. Further the contribution u/s 80CCD(1) is limited to 10% of gross salary for employee and 20% for self-employed persons.

Section 80CCD(1B) is over and above the limit of 1.50 lacs.

Let me give an illustration. Say Mr. A is a salaried individual. His basic is Rs.50000/- p.m. or 6lacs p.a. His DA is Rs.25000/- p.m. or 3lacs p.a. So gross salary p.a. comes to 9lacs. Now, his own contribution in NPS is allowable up to 10% of 9lacs or 90000/- p.a. This 90000/- will be available provided he has gap in the limit of 1.50 lacs u/s 80CCE. In other words, if other investment like LIC, NSC, PPF etc. is already 1 lacs, then he can claim only 50000 out of 90000 available with him due to his NPS contribution.

The remaining amount of 40000/- can be further claimed u/s 80CCD(1B) which has a ceiling limit of 50000/- over and above the limit of 1.50 lacs.

Please note that the ceiling limit is only for deductions, you can pretty well contribute more than the limit, however the deduction will be the maximum as specified in the sections.

I hope I have been able to explain the intricacies.

Please note that section 80CCD (2) is also available to employees on the amount contributed by the employers. The limit is 10% for non-govt employees and 14% for govt employees. This is also over the above the limits of 1.50 lacs and 0.50 lacs as mentioned above.

Warm Regards
Manish

[The Mechanic]

Originally Posted by mtripathi13

Dear Members.

I just got my membership approved. I am a Practising Chartered Accountant based in Kolkata. I would be delighted to help out fellow members in respect of their technical queries.

Please note this this is not solicitation for professional work, but just pro-bono professional advise on the problems faced by the members.

Warm Regards
Manish

Quoting you as you are the last CA to post here, anyone with info on the same please feel free to chime in.

Consider the following situation

Person A ( with GST registration) sells a set of products to person B ( with GST registration). The items were transported at person A's risk. On route from person A's warehouse to person B's warehouse some of the items were stolen. The case is filed with police and they will be issuing documents confirming the theft and amount of theft.

Now if person B issues a debit note for the items lost/stolen to person A, will person A be able to get the GST amount he paid when he sold the stolen/lost items back as credit?.


Thanks in advance.

[mtripathi13]

Originally Posted by The Mechanic

Now if person B issues a debit note for the items lost/stolen to person A, will person A be able to get the GST amount he paid when he sold the stolen/lost items back as credit

Thanks in advance.

Sir, please mention the dates or even the months in which the events took place. The sale, the theft and the debit notes need to be corelated. I will provide you a detailed reply post that.

[The Mechanic]

Originally Posted by mtripathi13

Sir, please mention the dates or even the months in which the events took place. The sale, the theft and the debit notes need to be corelated. I will provide you a detailed reply post that.

Sir, Thank you very much for the reply, very much appreciated.

Everything within one month - Sale date (Date on invoice), Theft date, Petition filed at police station date, and Date of Debit note raised. In that order of dates.

[mtripathi13]

Originally Posted by The Mechanic

Now if person B issues a debit note for the items lost/stolen to person A, will person A be able to get the GST amount he paid when he sold the stolen/lost items back as credit?.

Thanks in advance.

Dear Sir,

In the instant case party B, shall issue a debit note to party A quantifying the value of the items as well as gst on it. Party A in turn shall give a credit note to party B on similar lines. Both the parties will have to show the credit note/debit notes in their respective returns, be it GSTR1/GSTR3B.

Please note that the time frame to do these adjustments is up to 30th November of the next financial year.

Accordingly, in case of party A, on entering the details of the credit note issued, his output tax liability will be reduced to that extent in the month in which such credit notes are entered in the system. So effectively he does not have to pay output tax on such stolen items which were not received by party B. It is just that the adjustment time frame is quite long and his liability will be reduced in the month in which he chooses to set-off the credit note.

However, there is one further implication on party A. Since the goods have been stolen, the input tax credit availed by party A on such purchases shall have to be reversed as per provisions of section 17(5)(h) of the CGST Act. The input tax credit on such stolen goods is blocked even though the goods have been stolen in due course of furtherance of business.

So, in case there is insurance claim, the amount of claim should include the element of itc on such goods too. If everything is received back from the insurance company, then no loss occurs to party A. Otherwise the amount not received is actual loss to party A due to the theft of the goods.

I hope the above clarifies the position.

Warm Regards
Manish

[The Mechanic]

Originally Posted by mtripathi13

Dear Sir,

In the instant case party B, shall issue a debit note to party A quantifying the value of the items as well as gst on it. Party A in turn shall give a credit note to party B on similar lines. Both the parties will have to show the credit note/debit notes in their respective returns, be it GSTR1/GSTR3B.

Please note that the time frame to do these adjustments is up to 30th November of the next financial year.

Accordingly, in case of party A, on entering the details of the credit note issued, his output tax liability will be reduced to that extent in the month in which such credit notes are entered in the system. So effectively he does not have to pay output tax on such stolen items which were not received by party B. It is just that the adjustment time frame is quite long and his liability will be reduced in the month in which he chooses to set-off the credit note.

However, there is one further implication on party A. Since the goods have been stolen, the input tax credit availed by party A on such purchases shall have to be reversed as per provisions of section 17(5)(h) of the CGST Act. The input tax credit on such stolen goods is blocked even though the goods have been stolen in due course of furtherance of business.

So, in case there is insurance claim, the amount of claim should include the element of itc on such goods too. If everything is received back from the insurance company, then no loss occurs to party A. Otherwise the amount not received is actual loss to party A due to the theft of the goods.

I hope the above clarifies the position.

Warm Regards
Manish

Dear Sir, Thank You for the reply.

So, in case of a theft insurance claim, the total loss to party A will include the GST portion of the items stolen - Is this statement correct??


Also one more query, let's say in the above scenario, instead of goods being stolen, they are damaged, in such a scenario what will be the final loss to person A when,

1. The damaged goods are returned to person A by person B along with relevant debit notes.
2. The damaged goods are NOT returned to person A by person B, but debit note is given.

[mtripathi13]

Originally Posted by The Mechanic

Dear Sir, Thank You for the reply.

So, in case of a theft insurance claim, the total loss to party A will include the GST portion of the items stolen - Is this statement correct??


Also one more query, let's say in the above scenario, instead of goods being stolen, they are damaged, in such a scenario what will be the final loss to person A when,

1. The damaged goods are returned to person A by person B along with relevant debit notes.
2. The damaged goods are NOT returned to person A by person B, but debit note is given.

Sir,before proceeding to answer your questions, let me highlight the provisions of section 17(5)(h) of the CGST Act . It prohibits input tax credit (itc) on ‘goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples;’

Now, the following are the pointwise replies to the queries raised by you-

1. As evident from above, once goods are stolen the owner has to reverse the itc on them. This is the mandate of the above referred section. So, your statement is correct. The total loss to party A shall include the gst or itc portion of the goods, as he has to reverse the same. Now whether this claim will be admissible under the insurance policy will depend on the terms of the policy.

2. Coming to your other hypothetical situation of damaged goods, kindly note itc reversal is also warranted in cases where goods are damaged. So, in the first case where the damaged goods are returned back to A, there are two options.

a. Option one is to spend further on reworking the damaged goods and then sell them as close to the sale price as possible. This option will entail extra expenditure, but if the resulting sale price is near the fair price, party A can fight the department’s contention on itc reversal on the damaged goods.

b. Option two arises if goods are damaged beyond redemption. The only option is to sell them as scrap. In that case there should be a proportionate reversal of itc. For example, if the value of item was 100/- and the scrap value is Rs.10/- only, there is a reduction of 90% of value. The original itc relating to such damaged goods should also be reversed in the same proportion. Further, output gst will be payable on the scrap sale.

Please note in case of damaged goods the department shall always try to make the buyer reverse the itc. The onus is on us to fight it out on the basis of the facts and circumstances of our case.

3. In case the goods are not returned, the same presumptions apply. ITC reversal shall be the demand of the department. Unless we clearly show the whereabouts of the goods, it will be treated as damaged totally and consequences shall follow.

Warm Regards
Manish

P.S. There are various interpretations of the 'terms' as well as situations envisaged by us. The actual treatment will depend on facts and circumstances of each case. The above is a conservative approach. One can always take a litigative approach with the department. There is nothing wrong in such an approach.