January 19, 2024

Appendix No-5 – The Chartered Accountants Act, 1949

Resolution passed by the Council under clause (v) of sub-section (1) of Section 4 Resolved that the examinations and training of the following institutions, organizations etc. in the relevant countries be recognized under Section 4(1)(v) of the Chartered Accountants Act, 1949, as being equivalent to the examination and training prescribed for the members of the Institute:- 1. The Institute of Chartered Accountants of Ceylon. 2. The Public Accountants’ and Auditors’ Board of South Africa. 3. The Institute of Chartered Accountants of Pakistan 4. The Registered Accountants of Burma, and 5. The Institute of Chartered Accountants in Australia Further resolved that a person who has passed the Final R.A. Examination held under the Burma Auditors’ Certificate Rules and who has either undergone the requisite training as an articled/audit clerk or has been practising as Public Accountant and Auditor, but who cannot get himself enrolled as a Registered Accountant of Burma, for the reason only that he is a permanent resident of India, would also be eligible for membership of the Institute. Provided that under the proviso to Section 4(1)(v), the following further conditions be prescribed in the case of a person not permanently residing in India: (i) That such person be required to reside in India to practise the profession of Accountancy or to serve as an assistant in a Chartered Accountant’s office in India; and (ii) That such person shall not be eligible for membership of the Council or the Regional Councils nor have a right to vote in elections under the Chartered Accountants Act, 1949 and the Regulations framed thereunder; and (iii) That the membership of the Institute will cease if and when the person concerned ceases to reside or practise in India”. Resolution passed by the Council at its 188th meeting held on 8th-10th December, 1997 “Resolved that – By virtue of powers vested under Regulation 205 of the Chartered Accountants Regulations, 1988, the Council of the Institute of Chartered Accountants of India hereby orders that the period of training undergone in the respective countries under the bye-laws/regulations of one or more of the following institutes, namely – 1. The Institute of Chartered Accountants of Ceylon. 2. The Public Accountants’ and Auditors’ Board of South Africa. 3. The Institute of Chartered Accountants of Pakistan. 4. The Registered Accountants of Burma, and 5. The Institute of Chartered Accountants in Australia. be recognised only in the case of persons who had left India before 8th December, 1997 for the sole purpose of pursuing the Chartered Accountancy Course in any of the aforementioned countries provided : (a) such persons return to India, register with the Institute on or before 31st March, 1999 after fulfilling the requirements of the Chartered Accountants Regulations, 1988 for admission to articleship and producing satisfactory proof that they had completed training – wholly or partly – in the respective country and undergo practical training i) for a minimum additional period of 12 months in entirety in the case of those who have already completed the prescribed period of training not being less than three years in the respective country; or ii) for a minimum period of 12 months in entirety in the case of those who are not covered under (a) above but have completed 24 months of training or more in the respective country; or iii) for the balance period of training in entirety as required under the Chartered Accountants Regulations, 1988 in the case of those who have completed less than 24 months of training in the respective country; and (b) appear in and qualify both the Intermediate and Final Examinations of the Institute in their entirety under the Chartered Accountants Regulations, 1988 irrespective of whether they had passed the corresponding examinations, – wholly or partly – under the bye-laws/regulations of the aforementioned Institutions, organisations etc. [The Resolution passed by the Council and given in Appendix No. (6) is no longer in operation in view of resolution subsequently passed by the Council at its 182nd meeting held on 3rd & 4th September, 1996 given thereunder] 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 Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

Appendix No-5 – The Chartered Accountants Act, 1949 Read More »

Appendix No-4 – The Chartered Accountants Act, 1949

Ref. Clause (iv) of sub-section (1) of Section 4 S.O.No. 1577. – In pursuance of clause (iv) of subsection (1) of Section 4 of the Chartered Accountants Act, 1949 (38 of 1949), and in supersession of the Notification of the Government of India in the late Ministry of Commerce, No. 63(15)-Law(B)/50 dated the 24th October, 1950 as amended from time to time, the Central Government hereby specifies the following conditions which a person referred to in the said clause shall fulfil in order to entitle him to have his name entered in the Register of Members of the Institute of Chartered Accountants of India, namely:- A. In the case of a person who has passed the examination for the Government Diploma in Accountancy or an examination recognized as equivalent thereto by the rules for the award of the Government Diploma in Accountancy before the commencement of the Chartered Accountants Act, 1949 – (1) he shall have been in practice as an auditor or Income Tax Consultant on the date of commencement of the Act and shall have at the time of his application for enrolment (a) a minimum practice of ten years to the satisfaction of the Council of the Institute; and (b) at least fifteen units under his audit or fifteen assessees in his charge during the period of twelve months immediately preceding the date of his application, or (2) he shall have been in practice as an auditor on the date of commencement of the Act and shall have at the time of his application for enrolment – (a) a minimum practice of five years; and (b) at least two 2[public or private companies] with limited liability under his audit during each of at least four of the said five years. B. In the case of a person who has not passed one of the examinations mentioned in paragraph A, he shall have been in practice as an auditor or Income Tax Consultant on the date of commencement of the Act and shall have at the time of application for enrolment, either – (1) (a) a minimum practice of ten years to the satisfaction of the Council of the Institute, provided that he shall have done at least ten audits of 3[public or private companies] with limited liability, at least one such audit having been done in each one of any six years in the said ten years, and (b) at least fifteen units under his audit or fifteen assessees in his charge during the period of twelve months immediately preceding the date of his application, provided that the units shall include two companies with limited liability or the income of the assessees shall exceed Rs. 5 lakhs, as the case may be, or (2) (a) a minimum practice of five years as an auditor; and (b) at least two 4[public or private companies] with limited liability with a total paid-up capital or at least Rs. 3 lakhs under his audit during each of at least four of the said five years. Explanation – (1) (i) Any service as chief accountant, accountant or internal auditor or in any other similar post, by whatever name designated, in a commercial firm (including a limited liability company) which has a minimum paid-up capital of Rs. 2 lakhs or working capital of Rs. 6 lakhs, or in any similar post under Government or a local authority, which, in the opinion of the Council of the Institute, would give equivalent experience, shall be set off against minimum number of years of practice required by paragraphs A(1)(a) and B(1)(a) above. (ii) For the purpose of computing practice referred to in paragraph A(i), every year of service as Articled 5[Clerk] either under a Registered Accountant entitled or permitted to train Articled 6[Clerks] under the Auditor’s Certificates Rules, 1932, or under a member of the Institute of Chartered Accountants of India entitled to train Articled 7[Clerks] under the Chartered Accountants Regulations, 19498, or partly under such Registered Accountant and partly under such member shall be reckoned as two years of practice, and every year of audit service rendered under a Registered Accountant or a practising member of the Institute of Chartered Accountants of India or partly under such Registered Accountant and partly under such practising member of the Institute shall be reckoned as one year of practice, fractions of a year being ignored, and for this purpose, any period of apprenticeship served under the Regulations for the award of the Government Diploma in Accountancy and duly registered with the Accountancy Diploma Board, Bombay, shall be reckoned as service as an Articled 9[Clerk] under a Registered Accountant. Explanation (2) – A “unit ”means a company registered under the Indian Companies Act, 1913, or the Companies Act, 1956, or a Co-operative Society registered under the Co-operative Societies Act, 1912, or a company or Cooperative Society registered under any corresponding State Law, or a firm. Explanation (3) – For the purpose of computing practice, credit shall be given for any practice by an auditor or Income Tax Consultant irrespective of whether such practice was inside or outside any former Part ’B’ State or any former Acceding State. B. S. Manchanda Joint Secretary to the Government of India. [Published in Part II Section 3 (ii) of the Gazette of India dated 6th October, 1973] Government of India Ministry of Law, Justice and Company Affairs Department of Company Affairs Shastri Bhawan, 5th Floor, “A ”Wing, Dr. Rajendra Prasad Road, New Delhi – 1, the 25th September, 1973 (As modified by Notification No. S.O. 2002 dated 5th June, 1979 of the Department of Company Affairs) Notification Chartered Accountants S.O.2860.– In pursuance of clause (iv) of sub-section (1) of Section 4 of the Chartered Accountants Act, 1949 (38 of 1949) and in partial modification of the notification of the Government of India in the late Ministry of Commerce and Industry (Department of Company Law Administration) No. S.O. 1577 dated the 27th June, 1961, the Central Government hereby specifies that a person referred to in the said clause shall, in order to entitle him to have his name entered in the Register of Members of the Institute of Chartered Accountants of India have to fulfil only the following conditions, namely, that he was in practice as an auditor in any Part B State on the commencement of the said Act in that State and is in practice as an auditor in any State or Union Territory at the time of his application for enrolment (whether or not he ceased to be in practice

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Appendix No-3 – The Chartered Accountants Act, 1949

Ref. Clause (iii) of sub-section (1) of Section 4 No. 63(1)-Law(C.A.)/49.– In pursuance of clause (iii) of sub-section (1) of Section 4 of the Chartered Accountants Act 1949 (38 of 1949) the Central Government is pleased to specify the following conditions which a person referred to in the said Clause shall fulfil in order to be entitled to have his name entered in the Register of Members of the Institute of Chartered Accountants of India:- (1) If he has served as an Articled 1[clerk] under a Registered Accountant entitled or permitted to train Articled 2[clerks] under the Auditor’s Certificates Rules, 1932, or under a Member of the Institute of Chartered Accountants of India entitled to train Articled 3[clerks] under the Chartered Accountants Regulations, 19494 or partly under such Registered Accountant and partly under such Member, for a period of 5[three years]; Explanation – Any period of apprenticeship served under the Regulations for the award of the Government Diploma in Accountancy and duly registered with Accountancy Diploma Board, Bombay, shall be reckoned as service as an Articled 6[clerk] under a Registered Accountant; or (2) If he has served as an Audit 7[clerk] in the office of any Registered Accountant, prior to the coming in force of the Chartered Accountants Act, 1949, or under a practising Member of the Institute of Chartered Accountants, or partly under such Registered Accountant and partly under such practising Member of the Institute of Chartered Accountants, for a period of six years; or (3) If he as an officer, not below the rank of an Income-tax Officer, in the Income-tax Department of the Government of India, having – (a) a minimum service of six years in such capacity, and (b) reasonable experience in assessment of companies or experience of a similar nature; or (4) If he has practised as an Income-tax consultant for a minimum period of ten years; or (5) If he has practised as an auditor, having – (a) a minimum practice of ten years, and (b) at least 15 units under his audit at the time of his application for enrolment; Explanation – In this clause, a “unit ”means a company registered under the Indian Companies Act, 1913 or a Cooperative Society registered under the Co-operative Societies Act, 1912, or under any corresponding Provincial Law, or a private firm; (6) If he has served for a minimum period of ten years as a chief accountant, accountant, or internal auditor or in any similar other post, by whatever name designated, in a commercial firm (including a limited liability company) which has a minimum paid-up capital of Rs. 2 lakhs and/or a working capital of Rs. 6 lakhs, or in any similar post which would give equivalent experience under Government or a local authority. Explanation – (1) For the purpose of counting the service referred to in clause (2) one year’s service as Articled 8[clerk] under clause (1) shall be reckoned as two years of service as an Audit 9[clerk], fractions of a year being ignored. (2) For the purpose of computing service or practice referred to in clauses (3) to (6), every year of service as Articled 10[clerk] under clause (1) shall be reckoned as two years of service or practice, as the case may be, and every year of service under clause (2) shall be reckoned as one year of service or practice, as the case may be, fractions of a year being ignored. S. Ranganathan. Joint Secy.   Amendment 1,2,3,6,7,8,9,10 Now known as “Articled Assistant(s) ”pursuant to Chartered Accountants (Amendment) Act, 2006 and came into force w.e.f. 8th August, 2006 4 Now, the Chartered Accountants Regulations, 1988 5 Now, three and half years, pursuant to Notification No. 1- CA(7)/92/2006 published in the Gazette of India dated 13th September, 2006 and came into force w.e.f. 13th September, 2006. 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 Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Appendix No-2 – The Chartered Accountants Act, 1949

Resolutions passed by the Council under clause (iv) of sub-section (2) of Section 2 (1) “Resolved that a member of the Institute shall be deemed to be in practice during the period he renders ’service with armed forces’.” (2) “Pursuant to Section 2(2)(iv) of the Chartered Accountants Act, 1949, the Council hereby reiterates its opinion that the service that may be rendered by a Chartered Accountant in practice include the entire range of Management Consultancy Services.” (3) “Pursuant to Section 2(2)(iv) of the Chartered Accountants Act, 1949, the Council hereby reiterates its opinion that a member shall be deemed to be in practice if he, in his professional capacity and neither in his personal capacity nor in his capacity as an employee, acts as a liquidator, trustee, executor, administrator, arbitrator, receiver, adviser or representative for costing, financial or taxation matters or takes up an appointment made by the Central Government or a State Government or a Court of law or any other legal authority or acts as a Secretary unless his employment is on a salary-cum-full-time basis; Provided that nothing contained hereinabove, shall apply to a member who is holding a Certificate of Practice from the Institute of Cost & Works Accountants of India or the Institute of Company Secretaries of India or from the Bar Council or such other bodies, as may be specified in this behalf, by the Council.” 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 Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Appendix No-1 – The Chartered Accountants Act, 1949

Ref. sub-section (3) of Section 1 No. 10-A(4)/49.– In pursuance of sub-section (3) of Section 1 of the Chartered Accountants Act, 1949 (38 of 1949), the Central Government is pleased to appoint the 1st day of July 1949, as the date on which the said Act shall come into force. S. Ranganathan, Joint Secy. [Published in Part II sub-section (ii) of Section 3 of the Gazette of India Extraordinary dated 10th August, 2006] Ministry of Company Affairs Notification New Delhi, the 8th August, 2006 S.O. 1276(E). – In exercise of the powers conferred by sub-section (2) of Section 1 of the Chartered Accountants (Amendment) Act, 2006 (9 of 2006), the Central Government hereby appoints 8th day of August, 2006, as the date on which Sections 1, 2, 3, 4, 5, 7, 9, 12, 16 except clause (i), 17, 22, 23, 25, 26, 27 and 28 except new Sections 30D and 30E to the Chartered Accountants Act, 1949 of the said Act, shall come into force. [F.No. 5/27/2006-CL-V] Jitesh Khosla, Jt. Secy. [Published in Part II sub-section (ii) of Section 3 of the Gazette of India Extraordinary dated 5th September, 2006] Notification New Delhi, the 5th September, 2006 S.O. 1440(E). – In exercise of the powers conferred by sub-section (2) of Section 1 of the Chartered Accountants (Amendment) Act, 2006 (9 of 2006), the Central Government hereby appoints the 5th September, 2006, as the date on which Section 6 of the said Act shall come into force. [F.No. 5/27/2006-CL.V] Jitesh Khosla, Jt. Secy. [Published in Part II sub-section (ii) of Section 3 of the Gazette of India Extraordinary dated 17th November, 2006] Ministry of Company Affairs Notification New Delhi, the 17th November, 2006 S.O. 1985(E).– In exercise of the powers conferred by sub-section (2) of Section 1 of the Chartered Accountants (Amendment) Act, 2006 (9 of 2006), the Central Government hereby appoints 17th day of November, 2006, as the date on which Sections 8, 10, 11, 13, 14, 15, clause (i) of Section 16, 18, 19, 20, 21, 24, 28 (new Sections 30D and 30E to the Chartered Accountants Act, 1949) and Section 29 of the said Act, shall come into force. [F.No. 5/27/2006-CL-V] Jitesh Khosla, Jt. Secy. [Published in Part II sub-section (ii) of Section 3 of the Gazette of India Extraordinary dated 30th January, 2012] Ministry of Corporate Affairs Notification New Delhi, the 30th January, 2012 S.O. 190(E).– In exercise of the powers conferred by sub-section (2) of Section 1 of the Chartered Accountants (Amendment) Act, 2011 (No. 3 of 2012), the Central Government hereby appoints the 1st day of February, 2012 as the date on which the provisions of the said Act shall come into force. [F.No. 12/11/2011-P.I.] Manoj Kumar, Jt. Secy. 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 Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice | Psara License | FCRA Online Company Registration Services in major cities of India Company Registration in Jaipur | Company Registration in Delhi | Company Registration in Pune | Company Registration in Hyderabad | Company Registration in Bangalore | Company Registration in Chennai | Company Registration in Kolkata | Company Registration in Mumbai | Company Registration in India | Company Registration in Gurgaon | Company Registration in Noida  Complete CA Services CA in Delhi | CA in Gurgaon | CA in Noida | CA in Jaipur | CA Firm in India RERA Services RERA Rajasthan | RERA Haryana | RERA Delhi | UP RERA

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Types of Wills in India

Almost everyone is familiar with the general idea or concept of a will. We know it is a written statement made by a person expressing how one would like his or her assets to be distributed in the event of one’s death. And yet, several people die every year without a will causing family feuds and disputes. Family courts are filled with property disputes due to a lack of a will or a lack of clarity in the will. In this article we’ll discuss about the eligibility of a will & the types of wills. A will need not be made just before a person’s demise. The person can plan his/her will well in advance. In fact the process of drafting a will pushes a person into addressing the tedious task of planning their long term finances and of course, face the idea of mortality. This may also be the reason why many people put off drafting the will under the presumption that they have ample time to do so. One can draft a Will by hand or type it out. It should contain clear information about personal and family details, property, beneficiaries, and witness information. It is important to ensure that the Will is created under sound mental capacity, without any external pressure, fear, or coercion. Will is a type of legal document used to transfer the property of a person after death as per his/her wishes. The importance of Will cannot be stressed enough as lakhs of civil cases are pending before various Courts for resolving inheritance disputes. Further, all Wills are revocable at any time during the life of the person and is a confidential document. Hence, it is important for everyone to know about the benefits of having a Will and create a Will. Unprivileged Will Will created by a person who is not a soldier employed in an expedition or engaged in actual warfare or a mariner at sea is known as an unprivileged Will. For an unprivileged Will to be valid, it must satisfy the following conditions: The person creating the Will must sign or affix his/her mark to the Will. Else, some other person should sign as per the directions of the testator (Person creating the Will) in his/her presence. The signature or mark of the testator or the signature of the person signing for the testator must be placed so that it appears that it was intended to give effect to the writing as Will. The two or more witnesses should attest to the will. The witnesses must have seen the testator sign or affix his mark to the Will or has seen some other people sign the Will, in the presence and by the direction of the testator. Privileged Will Privileged Wills are Wills that may be in writing or made by word of mouth by those in active services like a soldier, airman or mariner. The legal requirement for the validity of a privileged Will has been reduced to enable certain persons to quickly make a Will. The following conditions are applicable for a privileged Will: The testator writes the whole will with his own hand. In such a case, it need not be signed or attested. The testator should sign the privileged Will written wholly or in part by another person. In such a case, there is no requirement for attestation. A Will written wholly or partly by another person and not signed by the testator is a valid Will if it is proved that it was written by the testator’s directions or that the testator recognized it as his/her Will. A half-completed privileged Will is also considered valid if it is proved that non-execution was due to some other reason and does not appear to be an abandonment of intentions to create a Will.  A privileged Will can be made by word of mouth by declaring intentions. If a soldier or airman or mariner has given written or verbal instruction for the preparation of a Will but has died before it could be prepared and executed. And such will is a valid Will. Conditional or Contingent Wills A Will can be expressed to take effect only in the event of satisfying certain conditions or can be contingent upon other factors. Such a Will, which is valid only in the event of the happening of some contingency or condition, and if the contingency does not happen or the condition fails, is called a conditional or contingent Will. Concurrent Wills Concurrent Wills are written by one person wherein two or more Wills provide instructions for disposal of property for the sake of convenience. For instance, one Will could deal with the disposal of all immovable property whereas another Will deals with the disposal of all movable property. Joint Wills Joint Will is a type of Will wherein two or more persons agree to make a conjoint Will. If a Joint Will intends to take effect after the death of both persons, then it would not be enforceable during the life-time of either. The person at any time during the joint lives or after the death of one can revoke the joint will. Mutual Wills In a Mutual Will, the testators confer upon each other reciprocal benefits. A husband and wife will execute a mutual will to pass on all benefits to the other person during their lifetime. Duplicate Wills The testator will create a duplicate will for the sake of safety or safekeeping with a bank or executor or trustee. However, if the testator destroys the Will in his/her custody, then the other Will is also considered revoked. Sham Wills Sham Wills are executed but held invalid if the testator does not intend to execute as per his/her wishes. As per the Indian Succession Act, a Will made by fraud or coercion or by taking away the free agency of the testator is considered invalid. Holograph Wills The testator writes this holograph wills entirely in its own handwriting. Who Is Eligible? According to

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GST on Interest Income

Under the GST Regime, assessees are required to obtain registration under the GST Act based on their aggregate turnover. All taxpayers (suppliers of goods and services) are granted a threshold exemption. If the total turnover exceeds this threshold limit, registration under GST is mandatory.  interest on late payments doesn’t have the necessary elements to consider it a supply. Furthermore, the interest on delayed payment is merely the time value of money and not a consideration for any goods or services. Given this, it’s crucial to understand if the interest on late payment of invoices can be assessed as a supply for the GST levy. As per Section 15(2)(d) of the CGST Act, 2017, the value of supply also includes interest, penalty, and late fees for delayed payment of any consideration for the supply of goods or services or both. The levy of GST on the amount paid as interest on late payment of invoices is based upon the “test of supply”, i.e., one needs to satisfy whether the transaction is a supply, then only there will be a levy question of GST. Hence, it is apparent that interest received from a customer for late payment of an invoice is liable to GST. The same should also be disclosed in the GST Returns when the supply of goods or services for which such interest was charged. Concept of Interest Income Interest income is the amount you earn from various financial products (FDs, PPF, Government Bonds, etc.), accounts, and investments. It can be earned when you lend your money to another entity, deposit your funds with a bank or financial institution, or even invest your money in certain programs. Interest income is usually paid at a set interest rate. In other words, it is generally guaranteed. Another key feature of interest income is that it is most often paid periodically. So you can earn interest monthly, quarterly, semi-annually, or annually. Is interest income considered for GST Regime? Interest income was specifically assessed within the framework of exempted services according to Entry 27(a) of notification No. 12/2017 and Entry 28(a) of notification No. 9/2017, which refers to services in the form of providing deposits, loans, or advances in the case of consideration presented in the form of interest. Such services are therefore exempt from paying GST and the individual does not need to charge GST on the activity of providing services by providing deposits, loans, or advances if the consideration is interest. From the above Notification, we know that interest income has been exempted from the purview of GST and therefore a person who has only interest income by way of giving deposits, loans or borrowings or interest income received from PPF or savings bank account need not register under GST. What are aggregate turnover and its inclusion? Under the GST Act, “aggregate turnover” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is paid by a person on a reverse charge basis), exempt supplies, exports of goods or services, or both, and interstate supplies of the same by Permanent Account Number to be calculated for All India but exclusive of Central Tax, State Tax, Union Territory Tax, Integrated Tax, and Cess. The aggregate turnover calculated for the entire financial year from April of the year to March of the following year is called the annual aggregate turnover. In other words, it is the total turnover calculated at the PAN level (all GSTINs combined) which is the sum of the following: Taxable sales value Exempt sale value Export of goods and services Interstate supplies by a company to a sister concern under the same PAN or interstate transfer of shares or supplies between different persons under the same PAN. However, the above amount does not include tax components like Central Tax, State Tax, Union Territory Tax, Integrated Tax, and Cess. Furthermore, the taxable value does not include those purchases where a person is obliged to pay tax as part of the reverse charge. Note that sales that are subject to the reverse charge must continue to form part of the taxable transactions in the aggregate turnover. Importance of turnover in the State State turnover differs from the definition of aggregate turnover. It refers to the aggregate value of all taxable and non-taxable supplies, including exempt supplies and exports of goods and/or services made within the state by a taxable person and interstate supplies of goods and/or services made from a state by a specified taxable person without taxes, if they are charged under the CGST Act, SGST Act, and IGST Act, as the case may be. Test to determine the taxable Income GST ‘supply’, as defined in section 7 of the CGST Act, 2017 is to be treated as a chargeable supply for charging GST. There is an obligation to pay tax at the very moment of delivery of goods or services.  Thus, determining whether a transaction falls within the meaning of supply or not is important for deciding the applicability of GST. Accordingly, supply includes sale, transfer, exchange, barter, license, hire, lease, and disposal.  If a person carries out any of these transactions in the course of or furtherance of a business for consideration, it will be treated as a supply under GST. The following tests are necessary to fall under the category of taxable:   The supply is made for consideration and   The supply is made as part of business support. Notification No. 12/2017-Central Tax (Rate)  Services where Central Tax on Intra-State supply and Integrated Tax on Inter-state supply are exempted Exemption of supply of services under the CGST Act G.S.R 691(E).- In exercise of the powers conferred by sub-section (1) of section 11 of the Central Goods and Services Tax Act, 2017 (12 of 2017), when the Central Government is satisfied that it is necessary for the public interest to do so on the recommendation of the GST Council, hereby exempts from tax the domestic supply of services of the description as specified from so much

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