December 14, 2023

Copyright is a fundamental concept that protects the work of creators. It gives them exclusive control over how their creations are used, shared, and reproduced. Beyond understanding the core concept of copyright, this article will explore the significance of copyright registration. This process ensures legal protection and empowers creators to have greater control over their work. Whether you are a creator seeking to protect your content or an enthusiast interested in the legal aspects of creative expression, this article will provide valuable insights into copyright and the registration process. Copyright registrationprocess is crucial because it establishes your legal ownership of the work. The dissemination of the work to the public, reproduction rights, and any translations or adaptations of the work are then under your control. What Is Copyright? Copyright is a legal entitlement granted to the owner of intellectual property. As the term implies, it pertains to the right to duplicate or reproduce a creative work. Essentially, copyright signifies that when a person produces a piece of intellectual property, they acquire ownership rights. This means that only the creator or those they authorize have the exclusive right to reproduce or utilize that work. Copyright law provides the original creators of a work with an exclusive right to utilize it or make copies for a designated period. Over time, the copyrighted work may eventually enter the public domain. What Can You Copyright? Understanding the Categories-Copyright is a valuable tool for safeguarding a wide range of creative works. The Registrar of Copyrights maintains a comprehensive register that is divided into six distinct categories, each tailored to specific types of intellectual property: Literary Works (Excluding Computer Programs): This category encompasses many written creations, from novels and poetry to essays, articles, and more. Musical Works: Musical compositions, including melodies, lyrics, and sheet music, fall under this category. Artistic Works: Visual creations such as paintings, sculptures, drawings, and other artistic expressions enjoy copyright protection. Cinematography Films: Copyright extends to films, ensuring the protection of audiovisual works. Sound Recordings: This category covers the audio recordings of music, speeches, and various other sound-based creations. Computer Programs, Tables, and Compilations: Software, data compilations, and tables are safeguarded by copyright, ensuring the protection of digital innovations. A copyright is essentially a right not to copy someone’s work. A copyright gives the owner of the subject an exclusive right over his work. If a work is protected by copyright, no one can imitate, copy or reproduce the original work in any other way. A term of copyright in India is 60 years. The register of the Registrar of Copyrights is divided into 6 categories: 1: Literary works other than computer Programs 2: Musical Works 3: Artistic Works 4: Cinematography Films 5: Sound Recording 6:  Computer Programs, tables & Compilations Copyrights are protected by “THE COPYRIGHT ACT, 1957” though there have several amendments to the act Copyright Law These copyrights are upheld and governed by “THE COPYRIGHT ACT, 1957,” which has undergone multiple amendments to adapt to the evolving landscape of intellectual property rights. Why Consider Registering Your Work Under Copyright Law? While registering your work under copyright law isn’t obligatory, it’s highly recommended for several compelling reasons. Copyright protection provides the creator with a specific set of fundamental rights over their work and assures that their creative efforts cannot be replicated for a designated period. This sense of security and legal protection fosters motivation and encourages creators to continue their artistic endeavors and produce more content. What is the procedure to obtain a copyright registration? To obtain the copyright registration the following process has to be followed: An application (including all the particulars and the statement of the particulars) in the format of FORM IV has to have to be sent to the registrar along with the requisite fees (mentioned in the Schedule 2 of the act.). A separate application has to be made for separate works Fees for different works have been given by the government in this link: http://copyright.gov.in/frmFeeDetailsShow.aspx Every application has to be signed by the applicant as well as an Advocate in whose favor a Vakalatnama or a POA has been executed The registrar will issue a Dairy No. and then there is a mandatory waiting time for a period of 30 days for any objections to be received If there are no objections received within 30 days, the scrutinizer will check the application for any discrepancy and if no discrepancy is there, the registration will be done and an extract will be sent to the registrar for the entry in the Register of Copyright. If any objection is received, the examiner will send a letter to both the parties about the objections and will give them both a hearing. After the hearing, if the objections are resolved the scrutineer will scrutinize the application and approve or reject the application as the case may be. Benefits of Copyright Registration Safeguarding the Owner: Copyright registration provides copyright owners exclusive rights over their work, encompassing reproduction, distribution, adaptation, dissemination, and translation. Legal Protection: Creators benefit from legal protection, ensuring their work cannot be reproduced without proper authorization. Enhancing Brand Value: A registered copyright serves as proof of ownership, allowing creators to use it for marketing purposes and contributing to goodwill creation. Global Reach: Copyright protection extends internationally. If a work is copyrighted in one country, it enjoys similar privileges in other countries, including India. Copyright as an Asset: Copyright is considered an intellectual property asset, making it an intangible resource that can be sold or licensed, adding economic value. Owner Visibility: Copyright registration raises the work profile, making it accessible worldwide and searchable in copyright registries. It also prevents unauthorized use of the work once registered. Economic Stability: Copyright registration promotes economic stability, enabling creators to reproduce and monetize their art in various forms, contributing to their financial well-being. Legal Rights of a Copyright Owner Claiming Authorship: You can claim authorship of your published work, asserting your paternity over the creation. Reproduction and Storage: The owner can reproduce the work in any tangible form and store it in any medium through electronic means. Control Over

Union Budget of 2021 amends the Income Tax Act of 1961 (“Act”) to prohibit depreciation on an organization’s goodwill. The Income Tax Act prohibits depreciation on self-generated goodwill. From 01st February 2021, devaluation on utilizing goodwill of an ownership interest will be not being permissible. Goodwill is specifically immune from the ‘Intangible Assets’ group. Furthermore, on the sale of Goodwill, a scaling down for such payments made for procuring Goodwill would then be legally permissible. Moreover, let us learn in detail whether depreciation on acquired goodwill is allowable. What is Goodwill? Goodwill is an intangible asset associated with the acquisition of one organization with the funds of another. Specifically, goodwill is part of the acquisition rate sum up while purchasing an organization. It is an organizational brand name, a stable customer base, world-class consumer relationships, world-class employee relationships, and rates in the age of ownership are etc one get along with goodwill as a gracious benefit. While valuing the business and negotiating the consideration, the parties not only take into account the market value of the tangible and intangible assets already recorded in the books of the seller, but also that of the goodwill associated with the said business. Thus, any premium paid by the buyer to seller over and above the recorded net worth of the business, i.e. value of all other assets minus liabilities, is often recorded as goodwill in the books of the buyer.    Block of assets – Whether depreciation on acquired goodwill allowable? Section 2(11) of the Income Tax Act 1961, describe the block of assets that fall under various classes .It consist of two types of goods i.e. Tangible and Intangible goods. Tangible goods are mainly physical assets that one can touch. Intangible goods which are not in physical form like pre –paid expenses.  However, Goodwill is not included in any of the above mention assets. So, depreciation on goodwill is not allowed as the government has amendment to the rules in Finance Act, 2021. Whether Depreciation on acquired goodwill allowable? Introduction clearly states that the Budget 2021 mentions that goodwill is not permissible for depreciation.  As the Finance Ministry made amendment in the rules and regulations and allowed depreciation only in sale of goodwill. As the section 32 of Income Tax Act, 1961 states that depreciation is permissible on both the tangible and intangible goods but whereas goodwill is not a considered as any asset after the amendment in the Finance Act, 2021. Further it is not clearly mention in the criteria of an intangible asset, courts have look on it as an intangible asset that fits underneath the expression “any other business or commercial rights.” Legal Gist The jury trial did not acknowledge if goodwill could be devalued. Therefore led to other disagreements, which are often provoked because of inconsistent judgments from various Indian trial courts. Eventually, on August 22, 2012, the apex Court upheld that the goodwill emerging from a corporate group. Falls within the interpretation of “any other business or commercial rights of a similar nature” and is therefore an intangible asset focus to depreciation under Explanation 3(b) of section 32(1) of the ITA. Ruling by the apex court provided clarity, particularly in the references to acquisitions and/or restructuring transaction. Furthermore, where investee persons might depreciate goodwill across time, lowering their taxable income and tax burden. Amendments in Finance Act 2021 To address the issue, Finance Act, 2021 made changes to resolve the same: The written down value of a block of assets may not be increased by the cost to acquire the goodwill of a profession. The WDV of a block of assets is to be devaluing by WDV of the goodwill falling within the block. Where a taxpayer has claimed devaluation of goodwill. The written down value of that block of assets is to be reduced by the WDV of the goodwill, with any excess following the one treated as gain over short span. The cost of acquisition goodwill is the actual price reimburse. Meanwhile, where goodwill initiates from the process of restructuring of the one etc., i.e. the price given by the owner. The cost of acquisition will be zero in other cases. Some relevant issue Sudden changes in rule may lead to outflow of taxes for major tax payers Individual assets looses their relevance in the block system and create difficulty to detect the actual good will in this system Suddenly denying of claim to the taxpayers by the tax authorities may create hustle. Further, if you try to sell a business for which goodwill is set down which results in enactment of capital good tax. Further, as of March 31, 2021, it stipulates WDV in goodwill is taken in care as an acquisition cost. Meanwhile, it is necessary for taxpayer to evaluate if such WDV can be arranged. FAQs Q: Are There Any Changes in Tax Laws Affecting Goodwill Depreciation? Tax laws can change, and governments may introduce new regulations or amend existing ones. It’s crucial to stay informed about any changes in tax laws that may affect the treatment of goodwill. Q: Is Goodwill Depreciable for Tax Purposes? In many jurisdictions, goodwill is not considered a depreciable asset for tax purposes. Instead, it is typically subject to impairment testing. Q: How is Goodwill Treated in Financial Statements? In financial statements, goodwill is initially recognized as an asset. However, accounting standards generally require companies to assess the value of goodwill for impairment regularly. If impairment is identified, the company must adjust the carrying amount of goodwill on its financial statements. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import

Chhattisgarh e-District is an initiative of the Department of Electronics & Information Technology (DeitY) with the aim of providing of G2G services to the citizens. The e-District portal involves integrated and seamless delivery of citizen services by district administration through automation of workflow, back end digitisation, integration and process redesigning across participating departments for providing services most efficiently to the citizens.  The citizens of Chhattisgarh state used to visit government offices to get documents like income certificate, caste certificate and resident certificate made, but now with the launch of CG E District Registration, they cannot apply for any public service. You can apply online for these documents at the center or on your own. You can apply for any certificate online while staying at home. The main objective of this portal is to provide online facilities to the common citizens. Services in e-District Chhattisgarh Through the e-district project, services related to various departments of Chhattisgarh state are provided for public welfare. Certificate Service License Service Revenue Service Certificate Service-Through these services, the user can view the list and details of all the certificates provided by the concern Government department are mentioned below. Birth registration and certificate Domicile certificate Death Registration and Certificate Death certificate reform Application form for joining state level handicrafts prize competition Marriage registration and certificate Transfer Certificate for Government School Forest -Registration of Wood Sericulture – aid under Mulberry plantation Application for additional qualification registration Scheduled Castes / Scheduled Tribes Other Backward Class Certificates Application for temporary registration income certificate E-Courts – Case Registration Choice marriage certificate reform Choice Birth Improvement Choice Death Correction Application for a license under Chhattisgarh Scheduled Commercial Traders’ Instructions and Guarantee Order, 2009. Application for renewal licenses under Chhattisgarh Scheduled Commercial Traders’ Instruction and Guarantee Order, 2009. Application for a license under Chhattisgarh Motor Spirits and High-Speed Diesel Oil (License and Control) Order, 1980. License Service-Through these services, the user can view the list and details of all the license provided by the concern Government department are mentioned below. Agriculture-Fertilizer License Ayush – Permanent Registration Form Horticulture – New Seed License Weights & measure -Dealers New License Weights & measure- Manufacturers New License Weights & measure-Repairer New License Pesticide license Food Registry (Registration for Small Cottage) Renewal of dealer license For shop and installation registration Including a new type of seed license Renewal of seed license Renewal of Manufacturers License Application for approval of retail sale for forest product Trade license Renewal of the reformer’s license Application for clearance licenses to run the installed sommil. Revenue Service-Through these services, the user can view the list and details of all the revenue services are mentioned below. Application for a license under Chhattisgarh Kerosene Merchant License Order 1979 For a non-digitized copy (land document etc.) Court Order Certificate (Revenue Court) Case list (Revenue Court) For duplication (land documents etc.) Revenue Services (from 5 to 25 million) Revenue Services (Agricultural Land / Converting RBC 6 (4) – Relief Assistance (Natural Disasters) Revenue Services (for agricultural land/convert farmer’s book) Revenue Services (Agricultural Land / For Converting Transfer) Revenue Services (for agricultural land / converted demarcation) Revenue Services (for the lease no-objection certificate) Revenue Services (for renewal lease) Revenue Services (for lease transfer) Revenue Services (for lease) Revenue Services (less than five lakhs) Financial assistance for the union/institutions and players Chhattisgarh e-District Portal Registration The citizen can register through the official portal of Chhattisgarh e District portal to get the different department services, follow the procedure specified here: Visit Official Portal Step 1: The applicant has to visit the official website of Chhattisgarh Government. Certificate Services Step 2: Click on “Certificate Services” option from the service menu which is visible on the home page of the portal. List of Service Step 3: After selecting the certificate service option, a page will open with “List of Service”. Select the Certificate Step 4: Now click on the respective certificate from a number of the list. Provide Login Details Step 5: In the next page click on the “Login “ button by providing the user id and password. New Registration Step 6: If registering for the first time the applicant needs to click “Click Here For New Registration” and then the registration form will appear on the screen. Fill the Details Step 7: Fill up the registration form to create your account and log in again into the portal. Apply for Certificate Step 8: Then apply for an appropriate certificate by clicking on appropriate registration and certificate option. Upload the Documents Step 9: Now the user has to fill up the application form and attach the documents required for successful registration. Note: On submission, the applicant will receive a reference number as an acknowledgement. Track Application Status To check the online status of the application, the applicant must go to the official website official website of Chhattisgarh e-District. After this, you will have to “Click on the status check of application”. After clicking, you will have to enter your application number to view the status of your application online. FAQs Q: What is the Chattisgarh E-District Portal? The E-District Portal is an online platform designed to provide various government services to citizens in the state of Chattisgarh. It could include services related to certificates, licenses, and other administrative processes. Q: What services are available on the E-District Portal? FAQs might list common services available on the portal, such as birth certificates, death certificates, income certificates, and other documents issued by government departments. Q: How can I track the status of my application on the E-District Portal? If there is an application tracking feature, users may inquire about how to use it to monitor the progress of their applications. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration