December 16, 2023

FSSAI License Food License in India

FSSAI registration is one of the most important registration requiredby every person involved in the food business, such as persons who wish to open a restaurant, bakery, hotel, cloud kitchen or food stall in India. Every Food Business Operator (FBO), such as entities or persons involved in manufacturing, preparation, selling, transportation, distribution and storage of food articles/products, are also mandatorily required to have an FSSAI registration to carry on their food business. FSSAI stands for Food Safety and Standards Authority of India. It is an organisation that monitors and governs the entire food business in India. It is an autonomous body that is established under the Ministry of Health and Family Welfare, Government of India. The FSSAI has been established under the Food Safety and Standards Act, 2006 (FSS Act) which is a consolidating statute related to food safety and regulation in India. It ensures the food products undergo quality checks thereby curtailing the food adulteration and sale of sub-standard products. It is responsible for the registering and licensing of the FBOs in India and it lays down the rules and regulations for running the food business in India. Food Business Operators Who Require FSSAI Registration? The Food Business Operators (FBOs) carrying on the following kinds of the food business must have FSSAI License/Registration: Petty retailers, Retail Shops, Snacks shops, Confectionery or Bakery shops, etc Temporary stalls, fixed stalls, or food premises are involved in preparing, storing, distributing, and selling food products. Hawkers sell packaged or freshly prepared food by traveling from one location to another. Dairy Units, including Milk Chilling Units, Petty Milkmen, and Milk Vendors Slaughtering house Fish Processing, Meat Processing, and unit All Food Manufacturing units that include Repacking food Vegetable Oil Processing Units Proprietary food and Novel food Cold/refrigerated storage facility Transporter of food products having several specialized vehicles like insulated refrigerated vans/wagons, milk tankers, food wagons, food trucks, etc Wholesalers, suppliers, distributors, and marketers of food products Hotels, Restaurants, and Bars Canteens and Cafeteria, including mid-day meal canteens Food Vending Agencies and Caterers Dhaba, PG provides food, a Banquet hall with food catering arrangements, Home Based Canteen, and Food stalls at fairs or religious institutions. Importers and Exporters of food items and food ingredients E-Commerce food suppliers, including cloud kitchens Eligibility Criteria for Food Business Registration/License The document attached here provides eligibility criteria for Food Business Registration/License. FSSAI Registration Every person (natural or artificial) involved in food business, such as manufacturing, processing, storage, distribution and sale of food products must compulsorily obtain FSSAI Registration or License. FSSAI Registration is different from the FSSAI License depending on the size and nature of the business. FBOs should obtain the necessary registration or license depending on the size of their businesses. FSSAI Registration is a 14-digit registration or a license number that is printed on all the food packages. The 14-digit registration number gives details about the assembling state and producer’s permit. This registration procedure is aimed to create more accountability on the FBO to maintain the quality of the food products.  The licensing and registration procedure and requirements are regulated by Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011. FSSAI Registration/FSSAI License FSSAI registration is provided based on the business types, turnover, and production capacity. According to the installed capacity and turnover, FBOs are eligible for essential, central, and state licenses. Types of FSSAI Registration FSSAI registration is based on the business types, turnover and capacity of production. Depending upon the installed capacity and turnover, FBOs are eligible for license such as basic license, central license, and state license. FSSAI Basic Registration – FBOs having a turnover of less than Rs.12 lakh p.a must obtain FSSAI basic registration. The FSSAI registration form that the applicant has to fill to obtain FSSAI basic registration is Form A. FSSAI State License – FBOs having a turnover of more than Rs.12 lakh p.a and less than Rs.20 crore p.a must obtain the FSSAI state license. The FSSAI registration form that the applicant has to fill to obtain an FSSAI state license is Form B. FSSAI Central License – FBOs having a turnover of more than Rs.20 crore p.a must obtain the FSSAI central license. The FSSAI registration form that the applicant has to fill to obtain FSSAI central license is Form B. Benefits of Procuring FSSAI Food License Obtaining a license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. Also, it helps regulate, manufacture, storage, distribution and sale of import food. It is easy to obtain funds from investors when an FBO has FSSAI registration. The FSSAI logo on the food products ensures the quality of food to the customers. The FSSAI registration number displayed on the food premises indicate that the premises comply with the hygiene and quality standards. Difference between FSSAI Registration and FSSAI License Particulars FSSAI Registration FSSAI License Turnover Limit Businesses having an annual turnover not exceeding Rs.12 lakh Companies having an annual turnover of more than Rs.12 lakh Types Basic Registration FSSAI Central License and FSSAI State License Size of Business Petty food business operators Medium and large-sized food business operators and food businesses Duration Duration depends on the applicability of the registration Issued for a period of a minimum of one year and a maximum of five years Application Form A Form B Fees for Registration/License Fixed at Rs.100 per year. It varies from Rs.2000 to Rs.7500 per year, depending on the criteria and type of license. Publication The FBO should display the FSSAI registration on the office premises, and the registered number should be displayed on the product package. The exporter, importer, traders, and producers have to mandatorily publish the FSSAI license number on the package of the products. Procedure for Obtaining FSSAI Registration Online FBOs can obtain FSSAI registration online by filling and submitting the FSSAI registration form, i.e. Form A (application for Registration) or Form B (application for State and Central License) on the FoSCoS portal. The FBOs can also register offline by submitting Form A or Form B to the Food and Safety

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How to register Entity User and Business User in FIRMS Portal of RBI?

The RBI has announced that to consolidate existing reporting frameworks for various types of foreign investment in India, it will introduce a Single Master Form (SMF) covering all available reports. The Reserve Bank is launching an online application, FIRMS (Foreign Investment Reporting and Management System), which will provide SMF. This article will discuss the registration of entity & business users in the FIRMS Portal of RBI. Foreign Direct Investment (FDI) filing with Reserve Bank of India (RBI) Foreign Direct Investment (FDI) filing with the Reserve Bank of India (RBI) refers to reporting the inflow of foreign investment in an Indian company to the RBI. This reporting is mandatory for Indian companies that receive foreign investments in equity shares, compulsorily convertible preference shares or debentures, and warrants or partly-paid shares. The reporting process involves submitting the Foreign Currency and General Permission Route (FCGPR) form and a Company Secretary (CS) certificate. Purpose of FDI reporting with RBI FDI reporting with RBI aims to ensure compliance with the FDI policy and provide a transparent and efficient regulatory framework for foreign investments in India. This helps the government and the RBI to monitor and regulate foreign investments in the country and to make sure that they comply with the FDI policy and regulations. The reporting of FDI inflows also helps in assessing the impact of foreign investments on the Indian economy and in formulating policies to attract more foreign investments into the country. Applicable Regulation on FDI filing with RBI The regulations applicable to Foreign Direct Investment (FDI) filing with the Reserve Bank of India (RBI) are primarily governed by the Foreign Exchange Management Act, 1999 (FEMA) and its regulations. Foreign Direct Investment (FDI) Foreign Direct Investment is an investment made by a foreign company or individual in an Indian company. FDI is a crucial component of India’s economic growth and development. It brings capital, technology, and expertise into the country, which can help improve the domestic economy and create jobs. Conditions required for FDI The foreign direct investment must be compliant with the FDI policy. Securities issued must be under the Foreign Exchange Management. Routes of Foreign Direct Investment (FDI) FDI is permitted fewer than two routes in various sectors: Automatic Route: Under this route, non-resident or Indian companies can invest in a company without prior approval from RBI or the Government of India. Government Route: Under this route, prior approval from the Government of India is required before investing in a company. FIRMS Portal FIRMS is made online in two phases. In the first phase, the first module, namely, Entity Master, was made available online. In the second phase, the second module is made available for the following reporting:  Reporting Form FC-GPR – issuance of Indian company instruments to a non-Indian resident  Form FC-TRS – transfer of financial instruments between a resident outside India and a resident of India  Form LLP-I – FDI in LLP by donating large sums of money and dividends of ESOPs/equity shares/shares against the use of ESOP by an Indian company to an employee living outside India.  Form CN – issuing or transfer of flexible notes  Form DRR – issuing/transfer of deposit receipts  Form DI – Reporting a downward investment (indirect foreign investment) to a company or LLP  Form InVi – Investment reporting by a foreign resident of India in-vehicle Investment. Reporting through FIRMS FIRMS Portal is a 24*7 online platform for reporting foreign investment in India which provides a common platform for all reporting. Reporting through FIRMS was divided into two phases: The first stage is creation of entity master form in which Indian entities are required to authorize one person through letter of authorization as per prescribed format given by RBI as per user manual for creation of entity master form. The authorized person is only authorized to update the data on the foreign investment. The second stage is the creation of a business user, which allows the user to report foreign investment transactions received at a given time. Here the user saves different forms depending on his criteria like FCGPR, FCTRS, DI form etc. The effect of this report can be seen on the main entity. What is an Entity User? An Entity User is a person authorized by the business (company/LLP/startup) to register a business in the Entity Master of FIRMS application. The Business User will be the sole person authorized to add/update the foreign investment details of the Business Enterprise and will be solely responsible for the data included.One business may only have one business user. One person can be a business user for more than one business. However, one should get the same different registrations as the registration is for the business. Documents for entity form The following documents need to be attached to create the main entity form:- In case of Indian entities (Company, LLP, etc.) Board resolution in favor of the beneficiary; PAN of the authorized person; Authorized letter in the prescribed format. Procedure to create Entity Master Following process is to be followed to create Entity Master:- Log on to https://firms.rbi.org.in Click on the Registration form for a new entity user A pop-up window will appear with the entity user registration form The user is now required to fill in the field description on the entity user form; Now the next step is to submit the said form to RBI where RBI will ensure and verify the details; After the user ID is created, a popup message will appear saying “Record saved successfully”. After the above procedure, the authorization letter is verified by RBI and if approved, the user will receive a password on their registered email address. This password can be changed later by the user after successful login. In the event that the user does not receive any email notification of approval/rejection of the registration within the next 48 hours, he can contact the email.An entity’s master unit is a master data reporting unit that shows the total foreign investment received by the entity during its lifetime. What is

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ICEGATE Portal

Indian Customs Electronic Commerce or Electronic Data Interchange (EC/EDI) Gateway (ICEGATE) is a government portal that provides e-filings facilities to trade and cargo carriers and other clients from the Customs Department. ICEGATE links 15 broad types of partners with Customs EDI through message exchanges that lead to faster Customs Clearance and facilitates EXIM Trade.ndian Customs and Central Excise Electronic Commerce/Electronic Data Interchange (EC/EDI) Gateway or ICEGATE is a portal which offers e-filing services to trade and cargo carriers and such other clients of the Customs & Central Excise Department. As of today, there are around 8500 registered users. Introduction ICEGATE is an infrastructure project for the Department’s EC/EDI and data communication requirements. The Department offers services like Shipping Bills (export goods declaration), electronic filing of the Bill of Entry (import goods declaration), and related electronic messages between Customs and the Trading Partners using communication facilities (Email, Web-upload, and FTP) that are commonly used on the internet. The airlines and shipping agents file manifests utilizing this facility, whereas the custodians and cargo logistics operators communicate with Customs EDI through ICEGATE for cargo and logistics-related information. Moreover, data is exchanged between Customs and other regulatory and licensing agencies such as DGFT, RBI, Ministry of Steel, and DGCIS. The Export Commodity Database (ECDB) for the Directorate of valuation and The National Import Database (NIDB) are also serviced through ICEGATE. Every electronic document and message that ICEGATE handles is processed at the Customs’ end by the Indian Customs EDI System, which has been running at 134 customs locations. The Department has started centralizing its infrastructure, and all customs locations have been shifted to converged infrastructure hosted at Data Centre by linking them through MPLS-based WAN. The key pointers related to the ICEGATE platform are: ICEGATE is the infrastructure project that fulfills the department’s Electronic Commerce/Electronic Data Interchange (EC/EDI) and data communication needs. With the help of this facility, the department provides a gamut of services that include electronic filing of Bill of Entry, Shipping bill and related electronic services. ICEGATE also offers a host of other services such as e-payment, document tracking status at Customs EDI, online registration for IPR,  IE code status verification, online verification of DEPB/EPCG/DES licenses, PAN-based data search and links to several other important websites relating to the Customs business. The ICEGATE also offers a 24X7 helpdesk facility for the trading partners. All the electronic documents and messages that are handled by ICEGATE are processed at Customs’ end by ICES (Indian Customs EDI System). Statistics say: The ICES is running at 134 custom locations. ICEGATE serves around 6.72 lacs of importers and exporters. The portal is linked with around 15 type of partners working with the Customs EDI (electronic data interchange) for exchanging messages and facilitating faster clearance from Customs and consecutively expediting Export-Import Trade. Advisories There are two advisories released in April and May 2019. Advisory in April 2019: As per the advisory released on 13th April 2019, ICEGATE users can now update their registered email ID through the Portal.  Advisory in May 2019: As per the advisory released on 3rd May 2019, Digital Signature is not required for registration on www.icegate.gov.in. IEC holders (Importer/Exporter) can now register at ICEGATE without Digital Signature. Registration is allowed with IEC and anyone GSTIN attached to it. Please choose one GSTIN carefully about the IEC.  Benefits ICEGATE offers ICEGATE portal facilitates e-filing of both the import or export declarations. This also allows the Customs to respond to exporters and importers after assessing shipping bills and bills of entry. The portal provides a sort of guarantee that the declarations filed through the digital signatures allocated by Customs, acting as a Certification Authority under the IT Act, 2000 will be not be made invalid. The introduction of ICEGATE (Indian Customs and Central Excise Electronic Commerce Gateway) has helped Customs department in becoming more accountable and has helped the department in minimizing the complaints on delay in delivery of consignments from both, the exporters and importers. Other Services Apart from e-filing, ICEGATE provides other services like e-payment, online registration for IPR, online verification of DEPB/DES/EPCG licenses, Document Tracking status at Customs EDI, IE code status, PAN-based CHA data and links to other essential websites/information regarding the Customs business. It provides a 24/7 helpdesk facility for its trading partners. For secure filing, the system uses digital signatures on the Bill of Entry and other documents and messages to be handled on the Gateway. ICEGATE Registration ICEGATE enables filing Bills of Entry, Shipping bills, and other documents. An individual has to log in to the ICEGATE portal and click on the registration link on the home page. The registration form appears on the screen, where the applicant has to enter the details to register in the Portal. Once enrolled in the Portal, the following transactions can be made. Exports Imports Import General Manifest (IGM) Export General Manifest (EGM) Consol Manifest For ICEGATE member registration, the CHA/importer/exporter must complete the membership form enclosed in Annexure B online. To complete the registration procedures, the members must file and receive the documents electronically through the Gateway on a 24×7 basis.  Why register at ICEGATE? For online filing of Bill of Entry, Shipping bills and other documents, one needs to get registered with ICEGATE Authorized Banks State Bank of India Punjab National Bank Bank of India Indian Bank UCO Bank Union Bank of India Bank of Maharashtra Corporation Bank IDBI Bank Bank of Baroda Canara Bank Indian Overseas Bank Central Bank of India Vijaya Bank Documents Filing Facility All exporters/importers, Custom House Agents, airlines, shipping agents, and trade members can file their documents using this Portal. Presently, the facility to submit papers through service centers and floppy submission is enabled for trade members. For RES Users-The RES package is available through the National Information Center Portal. The operation of the RES package, called the procedure to create B/E and S/B, is the same as filing on the ICEGATE. However, the submission of the documents varies from ICEGATE. The trade members who do not wish to use the RES package that

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Understanding GST Frauds: A Deep Dive into its Impact and Prevention

Introduction to GST Frauds GST (Goods and Services Tax) has been a revolutionary change in the Indian taxation system, simplifying a myriad of indirect taxes into a unified framework. However, this system has also opened new avenues for fraudulent activities, popularly known as GST frauds. These illicit practices not only hamper the government’s revenue but also pose significant challenges to the integrity of the tax system. Types of GST Frauds The most common types of GST frauds include fake invoicing, input tax credit scams, and e-way bill manipulations. These fraudulent activities involve the creation of false documents or transactions to evade taxes or claim unwarranted refunds. Modus Operandi of GST Fraudsters Fraudsters often establish bogus companies to issue fake invoices. They create complex networks of transactions to cover their tracks, misusing GST identification numbers to lend credibility to their illegal activities. Impact of GST Frauds on Economy GST frauds have a profound impact on the economy, leading to significant financial losses for the government. They create an uneven playing field for honest businesses and burden genuine taxpayers. Case Studies: Notable GST Fraud Incidents By analyzing major GST fraud cases in India and learning from international incidents, we can understand the patterns and tactics used by fraudsters. Legal Framework Against GST Frauds The GST law incorporates specific anti-fraud provisions, and both central and state authorities play a crucial role in enforcement. However, the legal framework needs to constantly evolve to address new challenges. Technology in Combatting GST Frauds The use of AI, data analytics, and the integration of GSTN with other government databases have been crucial in detecting and preventing frauds. Technology offers a proactive approach to identifying anomalies and suspicious activities. Role of Auditors and Accountants Professionals like auditors and accountants are the first line of defense against GST frauds. They ensure compliance, detect irregularities, and uphold ethical standards in financial reporting. Awareness and Education on GST Frauds Raising awareness among taxpayers about GST frauds is vital. Both government and private sectors have initiated various educational programs to educate the public about the risks and red flags of frauds. The Future of GST and Fraud Prevention Looking ahead, the GST system is likely to undergo further reforms to strengthen fraud prevention measures. The potential of emerging technologies like blockchain in enhancing the security and transparency of the system is also being explored. Best Practices for Businesses to Avoid GST Frauds Businesses must adhere to a compliance checklist, conduct thorough due diligence of partners and vendors, and stay informed about the latest trends and tactics in GST frauds. Role of Consumers in Identifying GST Frauds Consumers play a crucial role in identifying and reporting GST frauds. Recognizing red flags in transactions and understanding the mechanisms for reporting can help in mitigating these frauds. GST Fraud Detection Mechanisms The government has established various initiatives and systems for detecting GST frauds. Collaboration with financial institutions is also a key aspect of these detection mechanisms. International Cooperation in Tackling GST Frauds GST fraud is not just a national issue but a global challenge. International cooperation and learning from global best practices are essential in effectively tackling these frauds. GST Frauds and the Informal Sector The impact of GST frauds on small and medium enterprises (SMEs) and the informal sector is significant. Strategies for inclusion and compliance are vital for protecting these sectors from the repercussions of frauds. Interviews with Experts on GST Frauds Insights from tax officials, lawyers, and industry leaders provide a deeper understanding of the challenges and strategies in combating GST frauds. GST Frauds and Digital Payments The increasing use of digital payments has both advantages and challenges in the context of GST frauds. Digital transactions can help in reducing frauds, but they also introduce new vulnerabilities. Public Perception of GST Frauds Understanding the public perception of GST frauds through surveys and opinion polls is important. This perception impacts the trust in the tax system and the willingness to comply. GST Frauds in the News Media The role of media in reporting GST frauds and creating public awareness is significant. The media’s coverage trends and reporting styles influence public opinion and awareness. Personal Stories: Victims of GST Frauds Sharing personal stories and experiences of businesses and individuals affected by GST frauds can provide a human perspective to the issue, emphasizing the need for vigilance and action. GST Fraud Prevention and Control: A Global Perspective A comparative analysis with other countries helps in understanding different approaches and best practices in GST fraud prevention and control globally.   FAQs on GST Frauds Addressing common questions and clarifying myths about GST frauds is crucial in educating and informing the public accurately. Conclusion: The Way Forward in Preventing GST Frauds In conclusion, GST frauds are a multifaceted issue requiring concerted efforts from various stakeholders. Through continued vigilance, technological advancements, and cooperation, it is possible to significantly mitigate the risks and impact of these frauds.

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