"28 March 2020" Archive

Section 10(2) Exemption to amount received by co-parcener from HUF

Provisions of section 10(2) of the Income Tax Act exempt any sum received by a co-parcener from a Hindu Undivided Family if – The sum is received out of the income of the family; or The sum is received out of the income of the estate belonging to the family. Under the present article, we […]...

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Posted Under: Income Tax |

CIT cannot exercise revision power if AO had taken permissible view on the issues

Eveready Industries India Ltd. Vs PCIT (ITAT Kolkata)

While passing the assessment order AO had followed the permissible view in law which could not be said to be 'unsustainable in law'. Therefore, the jurisdictional facts for usurping the jurisdiction u/s 263, being absent, the action of CIT to exercise revisional jurisdiction was without jurisdiction and all subsequent actions were 'null' ...

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Contribution to PM CARES Fund shall qualify as CSR expenditure

eF. No. CSR-05/1/2020-CSR-MCA (28/03/2020)

The PM-CARES Fund has been set up to provide relief to those affected by any kind of emergency or distress situation. Accordingly, it is clarified that any contribution made to the PM CARES Fund shall qualify as CSR expenditure under the Companies Act 2013....

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Changes in Branch Names of Merged PSU Banks from April 1, 2020

Press Release: 2019-2020/2136 to 2139 (28/03/2020)

RBI issues Press Rleases on 28.03.2020 specifying that Branches of Allahabad Bank to operate as branches of Indian Bank from April 1, 2020, Branches of Andhra Bank and Corporation Bank to operate as branches of Union Bank of India from April 1, 2020, Branches of Oriental Bank of Commerce and United Bank of India to […]...

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NCLAT releases Flipkart India from Corporate Insolvency Resolution Process (CIRP)

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT)

Neeraj Jain Vs Cloudwalker Streaming Technologies Pvt. Ltd. (NCLAT) we have found that demand notice delivered under Section 8(1) of the Code was not proper and was also incomplete. The Operational Creditor failed to submit any documents to prove in existence of the Operational debt and the amount in The Operational Creditor also failed t...

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Posted Under: Income Tax | |

Determination of Residential Status of Individual under Income Tax Act

Introduction: Determination of the residential status under Income Tax Act plays a vital role in to determine whether a person comes under the tax net or not. Section 6 of the Income Tax Act deals about the concept of resident for Income tax purposes. Finance Act 2020 dated 23.03.2020 amends Section 6 of the Income […]...

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Posted Under: Income Tax |

Are you deducting TDS of Online Shopping Websites?

It’s the era of e-commerce. Websites like Amazon, Flipkart, and Paytm are much more than just online shopping destinations. They are now powerful advertising platforms and important stops in the consumer journey. Many MSME vendors have registered themselves on such portals and successfully running their businesses. Every vendor has to p...

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Posted Under: Income Tax |

GST Appellate Authority can condone delay of upto 30 days only

In re the Deputy Conservator of Forests (GST AAAR Karnataka)

In re the Deputy Conservator of Forests (GST AAAR Karnataka) It is evident that GST Appellate Authority being a creature of the statue is empowered to condone a delay of only a period of 30 days after the expiry of the initial period for filing appeal. As far as the language of Section 100 of […]...

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No ITC on goods or services used in construction of shopping Mall for leasing: AAAR

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka)

In re Tarun Realtors Pvt. Ltd. (GST AAAR Karnataka) Restriction contained in Section 17(5)(d) is applicable to goods and services received by a taxable person for construction of an immovable property. When goods and services are received by a taxable person for construction of plant or machinery, there is no bar on eligibility to input [...

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GST on bank charges deducted on inward remittance of exports

It is usual practice for all the exporters of goods / services to receive money in foreign currency. Few exporters would have EEFC (Exchange Earners’ Foreign Currency Account) where they can directly deposit the foreign currency in their account which would be maintained in foreign currency in an Indian Bank. Majority of the exporte...

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Posted Under: Income Tax |

GST payable on supply of purified water to public in empty unsealed cans

In re Water Health India Private Limited (GST AAR Karnataka)

In re Water Health India Private Limited (GST AAR Karnataka) Whether supply of purified water to public in empty unsealed cans is exempt under GST law? Supply of purified water whether in sealed container or unsealed container not entitled for GST exemption as the purified water excluded from the Sl. No. 99 of notification No. […]...

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GST on Issuance of NOC to private persons, for change of name

In re Department Of Printing, Stationery and Publications (GST AAAR Karnataka)

In re Department Of Printing, Stationery and Publications (GST AAR Karnataka) Issuance of No Objection Certificate (NOC) to private persons, for change of name This category covers the questions bearing number 23, 24 & 25, which deals with issuance of No Objection Certificate (NOC) to private persons, for change of name. Private indiv...

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GST on amounts collected towards Local Area Development, which form part of value of lease/rental services

In re Karnataka Solar Power Development Corporation Limited (GST AAR Karnataka)

In re Karnataka Solar Power Development Corporation Limited (GST AAR Karnataka) 1. The amount collected by the applicant towards LAD fund forms part of value of supply of rental/leasing service and hence is taxable under forward charge mechanism. 2. The applicable SAC for the impugned activity is 997212. 3. The exemption under S1.No.3 or ...

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Advance to EPF members in crisis situation emerging due to COVID-19 pandemic

No. C_I/Misc./2019-20/VoI.II/Part/ (28/03/2020)

The Covid-19 has been declared a Pandemic by Government of India for the entire country and therefore the members of the EPF have become eligible for the benefits of non-refundable advance under the sub-para 68(3)(L) which has come into force vide Ministry of Labour, Govt of India Notification GSR 225 (E) dated 27.03.2020 as published in ...

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RBI reporting under Single Master Form (SMF)

The Reserve bank of India has announced the new reporting structure for FDI related transactions in which they have combined different reporting into a single combined form i.e. the Single Master Form (‘SMF’) which subsumed all the existing reporting in different forms such as ARF, FCGPR, FCTRS etc. Also, by implementation of this n...

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Posted Under: Income Tax |

Interest, Penalty, Prosecution & Other Consequences of TDS Defaults

1. Prosecution etc. : U/s. 276B If a person deducts tax at source etc. but fails to pay the same to the credit of Central Government as prescribed, he can be sentenced to rigorous imprisonment for a term not less than 3 months and extendable upon 7 years with fine as well. Moreover, u/s 276BB, similar punishment is provided for a person ...

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Posted Under: Income Tax | ,

Decoding Goods Transport Services under GST

This article would enlighten you with following aspects: 1. Analysis of term 'Goods Transportation Agency' (GTA) 2. Charge of GST in case of Goods Transportation Agency Services 3. Exemptions for GTA under GST 4. Place of Supply (S. 12 & 13 of IGST Act, 2017) [Special Discussion on Proviso for S. 12(8) of IGST Act]...

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Posted Under: Income Tax |

Give Cognizant opportunity to explain its stand on 2 year old Tax dispute: SC

Cognizant Technology Solutions India Pvt. Limited Vs DCIT (Supreme Court)

Whether assessee’s purchase of its own shares, which was not in accordance with sec.77A of the Companies Act, would amount to dividends within the meaning of sec.2(22)(d) or 2(22)(a), and consequently, liable for tax u/s. 115-O in the hands of the assessee company. Whether the company had failed to remit the taxes within the stipulated ...

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RBI’s COVID-19 Regulatory Package

A day after Finance Minister Nirmala Sitharaman unveiled a Rs 1.7 lakh crore economic welfare package for the poor in the backdrop of the coronavius pandemic, the Reserve Bank of India (RBI) Governor Shaktikanta Das has announced a press conference at 10 am on March 27. Beginning March 25, for a period of three weeks, […]...

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Posted Under: Income Tax |

NCLAT dismisses pleas of IL&FS auditors Deloitte & KPMG against impleadment

Deloitte Haskins & Sells LLP. Vs Union of India (NCLAT)

Various acts  of IL&FS like over borrowing were prejudicial to the public interest which had cascading impact on various sectors of the economy and the red signals were raised against the IL&FS by the country and even by the department of economic affairs of the country, therefore, before passing any appropriate order in public interest ...

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Posted Under: Income Tax | |

Virtual leaning- Impact on Students and effectiveness

Note: This blog is specifically for students who take virtual classes. Blog explains What is Virtual Learning,  Emerging Virtual Learning, How Virtual Learning is  effective for students and impact of Virtual Learning on students. 1. What is virtual learning? Ans: Virtual learning in layman language refers to learning over an online pla...

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Posted Under: Income Tax |

LLP Settlement Scheme, 2020 a Very Good Opportunity

LLP Settlement Scheme, 2020 is applicable only for Form -3, Form 4, Form 8 and Form 11 under LLP Act. The defaulting LLPs are permitted to file belated documents which were due for filling till October 31, 2019 in accordance with provisions of this scheme....

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Posted Under: Income Tax |

Returns or intimations to be submitted by NBFCs to RBI

Returns or intimations to be submitted by Non Banking Financial Companies to RBI / Compliance by Non Banking Financial Companies under RBI Regulations The Non-Banking Financial Companies (NBFCs) are required to submit various returns to the Reserve Bank of India w.r.t their deposit acceptance, prudential norms compliance, ALM etc. There a...

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Posted Under: Income Tax |

FAQ’s on form INC-20A (Commencement of Business Certificate)

Below mentioned are the general FAQ’s regarding form INC-20A. (Commencement of Business Certificate) 1. Who is required to file form INC – 20A? Ans: As per Companies (Amendment) Ordinance, 2018, all the Companies registered in India and having a share capital is required to obtain commencement of business certificate before commencing...

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Posted Under: Income Tax |

How to commence a Bank Branch Audit

As the financial year is coming to a close, bank branch audit is expected to commence shortly. There may be delays due to the spread of Corona Virus as the SEBI has extended the due date of filing of reports by a month. However, it is important for the auditors to prepare for the audits […]...

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Posted Under: Income Tax |

Student problems in Current Education System

Children attend school unaware of things going in and around them, with a belief that they would get to know at school from their teacher the things that are going around them. But to their fate they are just taught what is in their books and that they need to excel in their book knowledge […]...

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Posted Under: Income Tax |

Relaxation under different statues during pandemic of COVID-19

We all are aware (or may be some of us are already fed up) with the news of CoVID-19 which is pandemic and led to thousands death tolls around world with Italy the most affected country. Likewise CoVID-19 has reached in India through residents who have visited and/or returned from affected countries. In India, the […]...

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Posted Under: Income Tax |

Cabinet approves INR 48,042 Crore package to boost Electronic Components manufacturing

Cabinet approves INR 48,042 Crore package to boost Electronic Components manufacturing John F Kennedy famously quoted “Use two brush strokes to write the word ‘crisis.’ One brush stroke stands for danger; the other for opportunity. In a crisis, be aware of the danger–but recognize the opportunity.” At the current ...

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Posted Under: Income Tax |

All you need to know about form CAR

All you need to know about form car (company affirmation of readiness towards COVID- 19) As we as a whole know, the Novel Coronavirus (COVID-19) has influenced more than 110 nations, including India. Given the size and degree of its spread, The World health organization (WHO) has proclaimed it a Pandemic. Aside from human torment, it ...

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Posted Under: Income Tax |

Mandatory Compliances checklist For Private Limited Company

Startups and businesses with higher growth aspiration popularly choose Private Company as suitable business structure. The business entity gets recognised as a Company through its registration under Companies Act of 2013 in India. Private Limited Company: The Company shall be a private Company within the meaning of Section 2(68) of the ...

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Posted Under: Income Tax |

Fair Value Concepts | Ind AS 113 – Fair Value Measurement

With the introduction and the subsequent adoption of Ind AS by many Indian companies, the emphasis on valuation has increased. The basis of value is closely related to the purpose of a given valuation exercise and can often vary. Selecting an appropriate basis of value is critical. For example, Fair Value is generally used for […]...

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Posted Under: Income Tax |

Raising of Threshold For Default for Triggering of CIRP: Critical Analysis

On 24th march 2020 the Central Government thorough the gazette Notification[1] raised the threshold limit for default as prescribed under Section 4 of IBC, 2016 to from Rupees One Lakh to Rupees One Crore for initiation of insolvency proceeding under the Code....

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Posted Under: Income Tax |

SOP to be followed by Exporters for Refunds

For Exporter, refund of GST is available under Section 54 of CGST and SGST Act. Refund is available in following cases  1) IGST paid on Zero rated supplies 2) Tax paid on inputs for Zero rated supplies (Export supplies) 3) Inverted Duty Structure 4) If taxable person has paid excess tax by mistake 5) Excess […]...

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Posted Under: Income Tax |

Amendment/Relaxation by Govt in view of outbreak of COVID-19

Article explains recent Amendment/Relaxation by RBI, SEBI, Ministry of Corporate Affairs, CBIC, Ministry Of Labour And Employment and ESIC in view of outbreak of COVID-19. it Contains Relaxation announced by the RBI governor on 27 March’2020, Relaxations from compliance with following provisions of SEBI LODR, Changes in Income Tax, GST ...

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Posted Under: Income Tax |

DRAFT IBBI (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2020

Notification No. IBBI/2019-20/GN/REG058 (28/03/2020)

(1) These regulations may be called the Insolvency and Bankruptcy Board of India (Model Bye-Laws and Governing Board of Insolvency Professional Agencies) (Amendment) Regulations, 2020. (2) They shall come into force on the 28th March, 2020....

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Draft IBBI (Insolvency Professionals) (Amendment) Regulations, 2020

F. No. IBBI/2019-20/GN/REG057 (28/03/2020)

1. (1) These regulations may be called the Insolvency and Bankruptcy Board of India (Insolvency Professionals) (Amendment) Regulations, 2020. (2) They shall come into force on the 28th March, 2020....

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Govt notifies annual quota for fiscal year 2020–21 for Peas, Moong, Tur

Notification No. S.O. 1225(E)-DGFT [S.O. 1225(E)] (28/03/2020)

Central Government hereby notifies the annual quota for the fiscal year 2020–21 for Yellow Peas, Grean Peas, Moong (Beans of the SPP Vigna Radiata (L.) Wilczek) and Tur/Pigeon peas (Cajanus cajan). MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce) NOTIFICATION New Delhi, the 28th March, 2020 S.O. 1225(E).—In exercise of power...

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Retrospective issuance of Certificates of Origin under India’s Trade Agreements

Trade Notices No. 59/2019-2020-DGFT (28/03/2020)

On account of the lockdown/curfew in India due to the COVID-19 pandemic, the Indian agencies authorised, in accordance with Para 2.103 of Handbook of Procedure, 2015-2020, to issue the certificate of origin under India’s free trade agreements (FTAs), comprehensive economic cooperation agreements (CECA), comprehensive economic partnershi...

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Appeal to generously donate to PM CARES Fund

Appeal to generously donate to ‘Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund (PM CARES Fund)'. This fund will enable micro-donations as a result of which a large number of people will be able to contribute with smallest of denominations....

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Posted Under: Income Tax |

IRDAI relaxes timelines for certain provisions of IRDAI (Re-insurance) Regulations, 2018

Insurance Regulatory and Development Authority of India Relaxation of timelines for certain provisions of the IRDAI (Re-insurance) Regulations, 2018 In view of Covid-19 pandemic, Government of India has initiated various measures including enforcement of lock-down in various areas.  Similar steps are also initiated by Governments of var...

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Posted Under: Income Tax |

Summary of recent Notification/ Circular/ Advisories Issued by MCA

Notification/ Circular/ Advisories Issued by the Ministry of Corporate Affairs in view of COVID-19 outbreak 1. Special Measures under Companies Act, 2013 (CA-2013) and Limited Liability Partnership Act, 2008 in view of COVID-19 outbreak In order to support and enable Companies and Limited Liability Partnerships (LLPs) in India to focus on...

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Posted Under: Income Tax |

24 Key Highlights Of RBI Governor Press Conference dated 27.03.2020

24 Key Highlights Of RBI Governor Press Conference dated 27.03.2020  1. Banking system in India safe; deposits safe in private bank; public should not resort to panic withdrawal, says RBI Governor​ 2. Rs 3.74 lakh crore liquidity to be injected into system through measures announced today​, says RBI Governor 3. Moratorium on term loa...

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Posted Under: Income Tax |

Let’s Contribute for the Nation – Prime Minister National Relief Fund

Dear Friends, as you know, the whole India is in lockdown situation for 21 days, to avoid spreading COVID -19. Our Central Government and State Governments are trying their level best so that, this epidemic can be stopped at the initial stage. We, the Citizens of India has now the opportunity to contribute a little […]...

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Posted Under: Income Tax |

Taxation of Partnership Firms

Remuneration to Partners -1. Payment to a non-working partner will not be allowed as a deduction. 2. A 'working partner’ is an individual who is actively engaged in conducting the affairs of the business or profession of the firm. 3. Quantum of allowance is to be determined with reference to ‘book profit’ which is defined to mean an...

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Posted Under: Income Tax |

Valuation of Perquisite of Motor Car provided by employer

W.e.f. 1-4-2008, if an employer providing such facility to his employee is not liable to pay fringe benefit tax, the value of such perquisite shall be : a) Nil, if the motor car is used by the employee wholly and exclusively in the performance of his official duties. b) Actual expenditure incurred by the employer on ...

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Posted Under: Income Tax | ,

Meaning, Formation, Taxation, Membership & Partition of HUF

The Hindu Undivided Family can best be defined as a family that consists of a common ancestor and all his lineal male descendants and their wives and unmarried daughters. The Hindu Undivided Family (HUF) cannot be created by acts of any party. The only exceptions are in the case of an adoption or a marriage when a stranger may become a HU...

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Posted Under: Income Tax |

Procedure for Online Registration of TAN

The income tax department has asked all deductors to register their TAN on NSDL web site. Once registered, the deductors will be provided User ID and password for authenticated access. Benefit of registration- The access will result in the following benefits to the deductors. View of status of all statements filed;...

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Posted Under: Income Tax | ,

Section 80D Deduction for health insurance premium

It is proposed to amend this section 80D to include any payment made by an assessee on account of preventive health check-up of self, spouse, dependant children or parents(s) during the previous year as eligible for deduction within the overall limits prescribed in the section. However, the proposed deduction on account of expenditure on...

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Posted Under: Income Tax | ,

Meaning of Turnover or sales for Section 44AB Tax Audit

A person is required to get his accounts audited u/s 44AB if  turnover of  business exceeds Rs 100 Lakhs , or In case of Profession Gross Receipts  exceed Rs 50 Lakhs. In case of business what should be the meaning of turnover/sales? Should it be Gross sales or net sales? Should it include GST? The meaning of turnover/sales for the pu...

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Posted Under: Income Tax | ,

Download FUV file from TRACES Website to revise e-TDS return

How To download FUV file from NSDL Website 1. To revise the return , now you have to download the FVU file from website 2. Open the website. www.tin.nsdl.com 3. Choose the Option TAN Registration 4. Type your login details. 5. Select TDS/TCS and then / View Consolidated file...

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Posted Under: Income Tax |

Revised Public Provident Fund (PPF) Scheme w.e.f 12.12.2019

Interest 8.6% w.e.f 01.12.2011 (subject to change as per GOI/RBI directives) to be applied annually. (1) This Scheme may be called the Public Provident Fund (Amendment) Scheme, 2011 2) It shall come into force on the 1st day of December 2011. (3) The Public Provident Fund scheme is a statutory scheme of the Central Government framed und...

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Posted Under: Income Tax | ,

Income Tax Password Recovery if we forget Registered email ID

Taxpayer who are registered on E-filing portal of Income Tax department i.e. https://incometaxindiaefiling.gov.in/portal/index.do may sometime forget the password which is required to login on to website. In that case one of the option to retrieve password is that taxpayer opt for send of new password on his Registered Email ID which he s...

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