March 6, 2024

Section 71 – THE INDIAN CONTRACT ACT, 1872

Responsibility of finder of goods A person who finds goods belonging to another, and takes them into his custody, is subject to the same responsibility as a bailee 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 | Company Registration in lucknow 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 Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section 133 of companies act 2013 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 | Company Registration in lucknow 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 Most read resources tnreginet |rajssp | jharsewa | picme | pmkisan | webland | bonafide certificate | rent agreement format | tax audit applicability | 7/12 online maharasthra | kerala psc registration | antyodaya saral portal | appointment letter format | 115bac | section 41 of income tax act | GST Search Taxpayer | 194h | section 185 of companies act 2013 | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card |  194r |  ec tamilnadu |  194a of income tax act |  80ddb |  aaple sarkar portal |  epf activation |  scrap business |  brsr |  section 135 of companies act 2013 |  depreciation on computer |  section 186 of companies act 2013 | 80ttb | section 115bab | section 115ba | section 148 of income tax act | 80dd | 44ae of Income tax act | west bengal land registration | 194o of income tax act | 270a of income tax act | 80ccc | traces portal | 92e of income tax act | 142(1) of Income Tax Act | 80c of Income Tax Act | Directorate general of GST Intelligence | form 16 | section 164 of companies act | section 194a | section 138 of companies act 2013 | section

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Intellectual property (IP)

ntellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. What Is Intellectual Property? Intellectual property is a broad categorical description for the set of intangible assets owned and legally protected by a company or individual from outside use or implementation without consent. An intangible asset is a non-physical asset that a company or person owns.The concept of intellectual property relates to the fact that certain products of human intellect should be afforded the same protective rights that apply to physical property, which are called tangible assets. Most developed economies have legal measures in place to protect both forms of property. Intellectual property is a category of assets that are intangible. This means that they cannot be held and don’t necessarily have a physical presence. These assets are created using human intellect. Intellectual property can take many forms and includes things like artwork, symbols, logos, brand names, and designs, among others.Companies are diligent when it comes to identifying and protecting intellectual property because it holds such high value in today’s increasingly knowledge-based economy. Also, producing value intellectual property requires heavy investments in brainpower and time of skilled labor. This translates into heavy investments by organizations and individuals that should not be accessed with no rights by others.Extracting value from intellectual property and preventing others from deriving value from it is an important responsibility of any company. Although it’s an intangible asset, intellectual property can be far more valuable than a company’s physical assets. It can represent a competitive advantage and, as a result, is fiercely guarded and protected by the companies that own the property. Special Considerations Many forms of intellectual property cannot be listed on the balance sheet as assets since there aren’t specific accounting principles to value each asset. However, the value of the property tends to be reflected in the price of the stock since market participants are aware of the existence of the intellectual property.Some intangible assets, such as patents, are recorded as property because they have an expiration date. These assets are recognized by a numerical value through the process of amortization. Amortization is an accounting method that decreases the value of an intangible asset over a set period of time. This process helps the company to reduce its income by expensing a set amount each year for tax purposes as the useful life of the intangible asset winds down. For example, a patent might only have 20 years before it’s registered as public domain. A company would assign a total value to the patent. Each year for 20 years, the patent would be expensed or amortized by the same amount by dividing the total value by 20 years. Each year the amortized asset amount would reduce the company’s net income or profit for tax purposes. However, intellectual property that is considered to have a perpetual life, such as a trademark, is not amortized since it doesn’t expire, Types of Intellectual Property Patents- A patent is a property right for an investor that’s typically granted by a government agency, such as the U.S. Patent and Trademark Office.2 The patent allows the inventor exclusive rights to the invention, which could be a design, process, improvement, or physical invention such as a machine.Technology and software companies often have patents for their designs. For example, the patent for the personal computer was filed in 1980 by Steve Jobs and three other colleagues at Apple (AAPL).3 Copyrights- Copyrights provide authors and creators of original material the exclusive right to use, copy, or duplicate their material. Authors of books have their works copyrighted as do musical artists. A copyright also states that the original creators can grant anyone authorization through a licensing agreement to use the work. Trademarks- A trademark is a symbol, phrase, or insignia that is recognizable and represents a product that legally separates it from other products. A trademark is exclusively assigned to a company, meaning the company owns the trademark so that no others may use or copy it. A trademark is often associated with a company’s brand. For example, the logo and brand name of Coca-Cola is owned by the Coca-Cola Company (KO). Franchises- A franchise is a license that a company, individual, or party–called the franchisee–purchases allowing them to use a company’s–the franchisor–name, trademark, proprietary knowledge, and processes.The franchisee is typically a small business owner or entrepreneur who operates the store or franchise. The license allows the franchisee to sell a product or provide a service under the company’s name. In return, the franchisor is paid a start-up fee and ongoing licensing fees by the franchisee. Examples of companies that use the franchise business model include United Parcel Service (UPS) and McDonald’s (MCD). Trade Secrets- A trade secret is a company’s process or practice that is not public information, which provides an economic benefit or advantage to the company or holder of the trade secret. Trade secrets must be actively protected by the company and are typically the result of a company’s research and development (R&D), which is why some employers require the signing of non-disclosure agreements (NDAs). Examples of trade secrets could be a design, pattern, recipe, formula, or proprietary process. Trade secrets are used to create a business model that differentiates the company’s offerings to its customers by providing a competitive advantage. Digital Assets- Digital assets are also increasingly recognized as IP. These would include proprietary software code or algorithms, and online digital content.   Types of Intellectual Property IP Protection Duration (in the U.S) Patents Inventions, industrial designs, computer code 20 years Trademarks Unique identifiers for a business or its products or services (e.g., logos, brand names) As long as the trademarked material remains active Copyrights Works of authorship, including books, poems, films, music, photographs, online content 70 years after the author dies6 Intellectual Property Infringement Patent infringement occurs when a legally protected patent

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Economically weaker sections bill 2019

The Government of India (GoI) passed the Economically Weaker Sections (EWS) Bill in January 2019 to provide support and opportunities. The EWS bill supports by increasing employment opportunities and benefits by providing 10 % reservation for an appointment in educational institutions.  Further, the reservation also applies to civil posts and civil services, if the individual receives income below the stipulated threshold. Overview The Ministry of Social Justice and Empowerment (SJE) issued the EWS bill especially to improve the economic stability of the weaker section in India. It was tabled under the Economic Weaker Section Reservation Bill Article 15(4) and Article 16(4). For this reason, the bill was sanctioned with Rs.4315.15 crore to implement the benefits for the scheme. The eligibility criteria to apply EWS bill will be determined using the accumulated income and property assets. This bill does not equal to OBC reservation. Hence it applies only to the people belonging to General category and not to SC, ST and OBCs. However, the applicant can avail benefits from EWS, if not availed from any other SC, ST benefits. The bill was proposed in order to promote equality, eliminate economic weakness, social backwardness. It also focused on providing education at premium institutions and share of power that has been neglected for generations. Objectives of EWS Bill To set up parameters to dismantle trans-generational and economic disadvantages that do not fall under other welfare schemes provided by the GoI. Create reservation to increase the employment opportunities in civil service departments and premium educational institutions Destabilise economic weakness and increase the literacy rate  in India Eligibility Criteria to Avail EWS Benefits The applicant must belong to the General category The total accumulated income of the family should be less than 8 lakhs annually (including profit from the business, agriculture, professional services) The individual or the family members should reside near slum areas, rural or urban Primary income source is through manual or household labour, artisanship in rural or urban society Member of National Rural Employment Guarantee Act (NREGA) Possession of agricultural land by the individual or family not more than 5 acres Belonging to a female-headed household Education of both the parents below higher secondary in matriculation schools If the applicant owns a household property, it should not exceed more than 1000 sq.ft If the applicant owns a residential plot, it should not exceed more than 100 sq. yards in a notified municipality sector and 200 sq. yards in a non-notified municipality sector Applicants who have migrated from the following states: S. No. States 1 Bihar 2 West Bengal 3 Orissa 4 Jammu and Kashmir 5 Assam 6 Jharkhand 7 Rajasthan 8 Madhya Pradesh 9 All North-Eastern States Documents Required Details of the applicant such as Aadhar Card, PAN card, Driving License and Ration card Copy of IT returns attested by an authorised CA Property documents if any Passport size photographs Affidavit and Community certificate Application Process to Avail EWS Benefits Manual Process Step 1: Apply for Income and Asset Certificate through the Application form. Step 2: Submit the form to any of the above-mentioned government authoritative member along with the required documents. Step 3: A government employee from the Ministry of Social Justice and Empowerment will visit the applicants’ premises to validate the credentials. Online Process The government of Andhra Pradesh created MeeSeva Portal to avail the benefits of EWS through online. The portal can be used to avail, submit documents by the applicant and verify the documents online. The portal also displays the status of the application whether it has been accepted or rejected. Step Number Application Process 1 Create a new user name and password to login to the MeeSeva portal 2 Select the option Issuance of Income and Asset Certificate for EWS 3 Provide the required details with valid credentials 4 The application number is generated 5 Fill the application form with valid credentials 6 Upload all the documents 7 Pay Rs. 45 as processing fee 8 Check for the status of the application 9 If approved, the applicant will receive a message from the portal. The applicant can download the certificate from the portal. FAQs What is the Economically Weaker Sections (EWS) Bill 2019? This question seeks a general overview of the purpose and content of the bill. Who qualifies as economically weaker sections under the bill? This question aims to clarify the criteria or parameters used to determine eligibility for EWS benefits. What benefits or provisions are outlined in the EWS Bill 2019? Here, individuals would be looking for information on the specific advantages or support that the bill offers to economically weaker sections. 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Industrial License

As part of the efforts to ensure ease of doing business, the Department for Promotion of Industry and Internal Trade (DPIIT) has introduced an enhanced DPIIT G2B Portal. The DPIIT vide its notification has announced that the entrepreneur can now apply for Industrial License under IDR Act 1951 and Industrial License under Arms Act 1959 online through the DPIIT’s enhanced portal. The industries that may impact public health, safety, and national security are required to obtain an industrial license in India.  Gist of Notification This enhanced portal offers online filing of applications for Industrial License under IDR Act 1951 and Industrial License under Arms Act 1959. Henceforth, no application for Industrial license and Amendment can be filed physically. All applications for IL will be processed in paperless mode and the license with QR Code will be issued electronically. The license issued may be verified online with the assigned QR code.  The entrepreneur will also be notified through email and SMS instantaneously upon approval of the Application. Industrial License under IDR Act 1951 In India, there are some regulations and restrictions for establishing industries in certain categories. This is done by making it essential to get an Industrial License before setting up such an industry. Industrial licenses are issued under the Industrial Development and Regulation Act (IDRA), 1951 and are approved by the Secretarial of Industrial Assistance (SIA) on the recommendation of the industrial licensing committee. The provisions of the IDRA Act explain that the industries need to obtain a new license for manufacturing the new products. Industries that require industrial licensing for manufacturing in India include: Industries under compulsory licensing, Industrial undertakings attracting locational restrictions Note: The licensing provision also applies to the expansion of the existing industrial units Industries subject to compulsory licensing in India Businesses planning to establish industries to produce any of the following items in India must obtain a compulsory license: Distillation and brewing of alcoholic drinks Electronics and aerospace and defence equipment Cigars, cigarettes of tobacco and manufactured tobacco substitutes Industrial explosives including detonating fuses, safety fuses, gun powder, nitrocellulose and matches Hazardous chemicals including products hazardous to human safety and health hydrocyanic acid and its derivatives Phosgene and its derivatives Isocyanates and diisocyanates of hydrocarbon not elsewhere specified (example methyl Isocyanate Locational restrictions for industries in India Under this provision of IDRA act, industries located within 25 kilometres of the periphery of cities having a population of at least one million, must obtain an industrial license from the DPIIT. This locational restriction does not apply in the following cases: Industries classified as a ‘non-polluting industry’ Industries located in an area designated as an ‘industrial area’ before July 25, 1991. The location of industrial units is subject to appropriate local zoning, land use regulations, as well as environmental regulations to maintain ecological discipline. De-licensed industries in India There is no exhaustive list of de-licensed industries specified by the Department for Promotion of Industry and Internal Trade (DPIIT).However, industries exempted from the provisions of the industrial license must file an Industrial Entrepreneur’s Memorandum (IEM) with the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry. Industrial License under Arms Act 1959 Items for which DPIIT has been delegated the powers of Licensing Authority under Arms Act 1959 and Manufacturing License Applications are to be submitted in Form A6 are as follows: Tanks and other armoured fighting vehicles Defence aircraft, spacecraft, and parts Warships of all kinds Arms and ammunition and allied items of defence equipment; parts and accessories thereof, other than a small arm of calibre up to 12.7 mm and parts, components, and ammunition for such small arms. The validity of Industrial License The initial validity of an Industrial License will be for three years. The trader has to submit a progress report (form ‘G’) on six monthly bases, until the commencement of commercial production. Note: Form ‘G’ is provided with the Industrial License If the entrepreneur commences commercial production within the validity period, there is no need for applying for an extension of validity. In case, the industry owner fails to commence commercial production within the initial validity period, they may directly apply to the concerned Administrative Ministry for extension of validly of the Industrial License (IL), as the extension of validity of IL is processed by the concerned Administrative Ministry. The owner can apply twice, for extension of validity of IL for two years each. The total period of validity of the Industrial license (IL) is seven years, within which the commercial production has to commence. In case the commercial production is not commenced within this period the license would be rendered invalid Documents Required for Industrial License The following documents need to be uploaded for obtaining the Industrial License: Ownership Proofs Certificate of Incorporation Memorandum of Association/Article of Association Board resolution certificate The undertaking of the country of concern FDI Other relevant documents Briefly indicate process involved in the manufacture of items Details of company cases if any against the company /Director’ Government approval for automatic route Application Procedure To apply for the industrial license application, access DPIIT’s G2B portal, click on the Registration button from the home page. In the user registration form, provide all the necessary information and click and continue button. The link will move to the next page, where the applicant needs furnish the details of the user name and password. By accepting the terms and conditions, an OTP will be sent to the registered mobile number and email ID. On furnishing, the G2B user ID will be generated. After successful registration, an entrepreneur can log in to the portal using User Name and Password. Industrial license To apply for the industrial license process, click on Industrial License Two parts that are IL – Under IDR Act 1951 and IL- under Arms Act 1959 will display. Industrial License – Under IDR Act 1951 The first entrepreneur needs to fill details related to the IDR Act 1951 of Industrial License: Details of the Industrial undertaking Existing

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Trade License in Rajasthan

Trade license is an important document that allows you the right to operate your business in a particular municipal limit. The provision of a trade license is laid down by the State government to monitor and regulate various trade activities within a city. entrepreneur with dreams of starting your business empire in the vibrant state of Rajasthan? Well, get ready for an exciting journey to success! But before you take the plunge, you have to take one crucial step: get a trade license. Beneath Rajasthan’s majestic heritage lies a dynamic system that promotes fair trade, protects the public interest, and paves the way for thriving businesses. The trade license is the golden key that opens the door to this realm of possibilities. It not only validates your business operations but also assures your customers, partners, and stakeholders that you are a responsible player in the game.Trade License is known as “Shop and Establishment Registration” or “Trade License” in many states and “Gumasta License” in Maharashtra. What is a Trade License? The permission to operate a specific trade or business in a specific location is given by a trade license, which is a document or certificate presented to the applicant (a person who intends to start a business). It has ensured that all the safety regulations laid down by the state municipal corporation are followed while doing business or trading. It protects residents from health risks. However, the license only gives the holder the ability to carry out the company or activity for which it was issued. In addition, nothing in this authorization grants Licensee any type of property ownership. The rules and regulations governing this registration of a trade license vary from state to state; for example, the procedures for registering a business license in Rajasthan will be different from registering a business license in Tamil Nadu. Therefore, before applying for a business license, the applicant must familiarize himself with the relevant laws in the jurisdiction. An application for registration of a trade license in Rajasthan must be made within 30 days of incorporation. In most states, applications for new licenses and license renewals are accepted by the Commissioner of the Company. Why trade licenses are important in Rajasthan? Legitimacy and Compliance: A trade license is a legal document issued by the municipal corporation, which grants authorization for a specific commercial activity. By obtaining a trade license, businesses in Rajasthan demonstrate their compliance with the applicable laws, regulations, and standards set by the government. It ensures that businesses operate within the framework of the law and contribute to a fair and transparent business environment. Health and Safety Measures: Trade licenses require businesses to adhere to specific health and safety standards set by the government. This ensures that businesses in Rajasthan maintain a clean and safe environment for employees, customers, and the general public. It helps prevent the spread of diseases, fire hazards, and other potential risks, thereby safeguarding the well-being of individuals associated with the business. Municipal Revenue Generation: Trade licenses contribute to the revenue generation of the municipal corporation. The fees collected through the issuance and renewal of trade licenses are utilized by the local authorities to develop and maintain public infrastructure, facilities, and services. This revenue helps in enhancing the overall business environment and promoting economic growth in Rajasthan. Consumer Protection: Trade licenses play a crucial role in protecting consumers’ interests. Before granting a trade license, the municipal authorities conduct inspections to ensure that businesses meet the required quality standards, maintain fair pricing practices, and provide genuine products or services. This helps in minimizing fraud, malpractices, and the sale of substandard goods, thereby enhancing consumer confidence and trust. Urban Planning and Regulation: Trade licenses enable effective urban planning and regulation. By having a record of licensed businesses, the authorities can monitor and manage the distribution and concentration of various commercial activities across different areas in Rajasthan. This helps in maintaining a balanced and sustainable urban development, avoiding overcrowding, and preventing unauthorized businesses from operating. Access to Financial Assistance and Incentives: In some cases, having a trade license is a prerequisite to accessing financial assistance, loans, and incentives provided by the government or financial institutions. By obtaining a trade license, businesses in Rajasthan become eligible for various schemes, subsidies, and support programs aimed at fostering entrepreneurship, business growth, and development. Documents required to get a Trade License in Rajasthan License Application If the applicant is a legal entity, the relevant documents for company registration and the PAN card must be submitted Aadhaar Card Real estate tax documents The rental agreement or a copy of it should be offered Statements and Khata certificates in any form Occupancy Documents If the business is located in the neighborhood, a letter of objection from the neighbor is required Sanction Records. Procedure for Obtaining a Trade License in Rajasthan Access SmartRaj Website Step 1: Applicants have to visit the official site of Rajasthan to apply for the trade license through the portal. Step 2: After which, the applicant must click on the ‘Trade License Application/Pay’ option which will open up a new page. Login to portal Step 3: The applicant must log in with their username and password to operate the License applications received from the citizen. Step 4: If a new user then registers yourself with the portal by clicking on the ‘Register Here’ option. Apply Trade Application Step 5: Then you need to click on the ‘Apply Trade Application’ option on the web portal. Fill in the right credentials Step 6: Then, the applicant has to complete all the requested details such as New traded license details, Applicant’s address details, other owner details, Type of license, etc. and click on the ‘Save’ details. Upload Requested Documents Step 7: Then you have to upload the below following documents that are mentioned above. Pan card and Aadhar card Lease Deed or Legal Occupancy Certificate Address Proof ID Receipt of UD Tax Ownership Document. Step 8: After uploading all the requested documents (scanned documents), click on the save button. Generate Application Number Step 9: After

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