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R P Yadav  | Answer  |Ask -

HR, Workspace Expert - Answered on Mar 20, 2024

R P Yadav is the founder, chairman and managing director of Genius Consultants Limited, a 30-year-old human resources solutions company.
Over the years, he has been the recipient of numerous awards including the Lifetime Achievement Award from World HR Congress and HR Person Of The Year from Public Relations Council of India.
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Sagar Question by Sagar on Mar 20, 2024Hindi
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Career

My company wants to fire me as I am not willing relate to bangalore and join the office in person as my mom is bedridden due to tb and my grandma suffered heart attack and her lvf is working only 30%. I complained in hr and they too are singing thr same song as my manager what are my options.

Ans: I’m sorry to hear about your difficult situation. It’s important to know that as an employee, you have certain rights that may protect you in situations like these. Here are some steps you can consider:

Review Company Policies: Check your company’s policies on caregiving leave or remote work accommodations. Some companies may have provisions for such situations.
Legal Rights: Employees in India may have legal rights regarding caregiving responsibilities. It’s worth exploring whether there are any laws or legal precedents that support your need to care for ill family members.
Medical Documentation: Ensure you have all medical documentation for your mother and grandmother in order, as this can support your case for needing to work remotely or take leave.
HR Communication: Keep communicating with HR and document all interactions. Express your willingness to work and discuss possible compromises, such as part-time remote work.
Legal Consultation: If the situation doesn’t improve, consider consulting with a labor law attorney to understand your rights and the best course of action.
Labor Office: You may also approach the local labor office for guidance on how to handle this situation under the current employment laws.
Remember, it’s crucial to maintain a record of all communications and to approach the situation professionally. I hope you find a resolution that allows you to take care of your family while retaining your job. Good luck!
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Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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