April 17, 2024

Section 56 – THE COPYRIGHT ACT, 1957

Protection of separate rights Subject to the provisions of this Act, where the several rightscomprising the copyright in any work are owned by different persons, the owner of any such right shall, tothe extent of that right, be entitled to the remedies provided by this Act and may individually enforce suchright by means of any suit, action or other proceeding without making the owner of any other right a party tosuch suit, action or proceeding. 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 | rtps | patta chitta

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Section 55 – THE COPYRIGHT ACT, 1957

Civil remedies for infringement of copyright — (1) Where copyright in any work has beeninfringed, the owner of the copyright shall, except as otherwise provided by this Act, be entitled to all suchremedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for theinfringement of a right:Provided that if the defendant proves that at the date of the infringement he was not aware and had noreasonable ground for believing that copyright subsisted in the work, the plaintiff shall not be entitled to anyremedy other than an injunction in respect of the infringement and a decree for the whole or part of theprofits made by the defendant by the sale of the infringing copies as the court may in the circumstances deemreasonable.(2) Where, in the case of a literary, dramatic, musical or artistic work, 2[or, subject to the provisions ofsub-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of theauthor, or the publisher, as the case may be, of that work, appears] on copies of the work as published, or, inthe case of an artistic work, appeared on the work when it was made, the person whose name so appears orappeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed,unless the contrary is proved, to be the author or the publisher of the work, as the case may be.(3) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the 1 Subs. by Act 7 of 2017, s.160(a), for “Copyright Board” (w.e.f. 26-5-2017).2 Subs. by Act 27 of 2012, s. 35, for “a name purporting to be, that of the author or the publisher, as the case may be, appear” (w.e.f. 21-6-2012).discretion of the court. 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 | rtps | patta chitta

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Section 54 – THE COPYRIGHT ACT, 1957

Definition — For the purposes of this Chapter, unless the context otherwise requires, the expression“owner of copyright”shall include—(a) an exclusive licensee;(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, thepublisher of the work, until the identity of the author or, in the case of an anonymous work of jointauthorship, or a work of joint authorship published under names all of which are pseudonyms, theidentity of any of the authors, is disclosed publicly by the author and the publisher or is otherwiseestablished to the satisfaction of the 1[Appellate Board] by that author or his legal representatives. 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 | rtps | patta chitta

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Section 53A – THE COPYRIGHT ACT, 1957

Resale share right in original copies — (1) In the case of resale for a price exceeding tenthousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of aliterary or dramatic work or musical work, the author of such work if he was the first owner of rights undersection 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right toshare in the resale price of such original copy or manuscript in accordance with the provisions of this section:Provided that such right shall cease to exist on the expiration of the term of copyright in the work.(2) The share referred to in sub-section (1) shall be such as the 3[Appellate Board] may fix and thedecision of the 2[Appellate Board] in this behalf shall be final: 1 Subs. by Act 27 of 2012, s. 34, for section 53 (w.e.f. 21-6-2012).2Ins. by Act 38 of 1994, s. 19 (w.e.f. 10-5-1995).3 Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).Provided that the 2[Appellate Board] may fix different shares for different classes of work:Provided further that in no case shall the share exceed ten percent of the resale price.(3)If any dispute arises regarding the right conferred by this section, it shall be referred to the1[Appellate Board] whose decision shall be final.] 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 | rtps | patta chitta

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Section 53 – THE COPYRIGHT ACT, 1957

Importation of infringing copies (1) The owner of any right conferred by this Act in respect ofany work or any performance embodied in such work, or his duly authorised agent, may give notice in writingto the Commissioner of Customs, or to any other officer authorised in this behalf by the CentralBoard ofExcise andCustoms,—(a) that he is the owner of the said right, with proof thereof; and(b) that he requests the Commissioner for a period specified in the notice, which shall not exceed oneyear, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work areexpected to arrive in India at a time and a place specified in the notice.(2) The Commissioner, after scrutiny of the evidence furnished by the owner of the right and on beingsatisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibitedgoods that have been imported into India, excluding goods in transit:Provided that the owner of the work deposits such amount as the Commissioner may require assecurity having regard to the likely expenses on demurrage, cost of storage and compensation to theimporter in case it is found that the works are not infringing copies.(3) When any goods treated as prohibited under sub-section (2) have been detained, the CustomsOfficer detaining them shall inform the importer as well as the person who gave notice under sub-section(1) of the detention of such goods within forty-eight hours of their detention.(4) The Customs Officer shall release the goods, and they shall no longer be treated as prohibitedgoods, if the person who gave notice under sub-section (1) does not produce any order from a courthaving jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the dateof their detention.] 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 | rtps | patta chitta

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Signing Of Financial Statement Of Company Under Companies Act, 2013

Sub-section (1) of section 134 of the Act provides for approval and signing of financial statements (as defined in clause (40) of section 2) including consolidated financial statements, if any. Such approved financial statements will be signed on behalf of the company by the following: a. Chairperson of the company where he is authorized by the Board or by two directors out of which one shall be managing director and the Chief Executive Officer, if he is a director in the company b. the Chief Financial Officer, wherever appointed c. the Company Secretary of the company, wherever appointed. In this editorial, Author shall discuss about concept of Signing of Financial Statement of Company (OPC, Small, Private, Public, Listed etc). Further, author shall try to answer the following questions: 1. How Many directors must sign the financial statement? 2. Whether, Chairman of Meeting solely sign the Financial Statement? 3. Can an independent Director sign Financial Statement? 4. Do all the directors needs to sign Financial Statement? 5. Whether it is mandatory to get sign Financial Statement from the Company Secretary of the Company? 6. Can financial statement be signed digitally by Directors? What is Financial Statement? Section 2 (40) of the companies Act 2013 states that the financial statement includes the following items: Balance sheet; Profit and loss account, or in the case of a nonprofit organization, an income and expenditure account for the financial year Cash flow statement Statement of changes in equity, if any; and Annexure forming part of the Financial Statement APPROVAL OF FINANCIAL STATEMENT Sub-section (1) of section 134 of the Act provides for approval and signing of financial statements (as defined in clause (40) of section 2) including consolidated financial statements, if any. Such approval of financial statement needs to be given in a duly convened board meeting. Such meeting can be held through video conferencing or any other audio-visual means also as provided in rule 4 of the Companies (Meetings of Board and its Powers) Rules, 2014. How to Prepare Financial Statement? The financial statement of the company shall be prepared in accordance with Schedule III of section 129 of the Companies Act, 2013 and such Financial Statement laid before the shareholders at the Annual general meeting of the company. SIGNING OF FINANCIAL STATEMENT i. Chairperson of the company where he is authorized by the Board OR ii. by two directors out of which one shall be managing director AND iii. the Chief Financial Officer, wherever appointed c. the Company Secretary of the company, wherever appointed. PENALTY FOR THE CONTRAVENTION OF THE PROVISION Penalty is prescribed under Section 134(8) of the Companies Act, 2013, If a company is in default in complying with the provisions of this section, the company shall be liable to a penalty of three lakh rupees and every officer of the company who is in default shall be liable to a penalty of fifty thousand rupees. Is it mandatory to sign financial statement from the company secretary? As per Section 134(1), the company in which the Whole-time Company Secretary is appointed, then it is mandatory that the Financial Statement is signed from the Whole-time Company Secretary. Further if the company appointed Chief Executive Officer or Chief Financial Officer then the financial statement shall also be signed from them. Where the company does not have a CFO and CS then only chairman can sign the financial statement. Where the company does not have a chairperson or not authorized by the board, signing of financial statements by two directors one of which shall be managing director and the CFO, if he is a director. FAQs Who is responsible for signing the financial statements? The financial statements must be signed by the managing director, the whole-time director, the Chief Executive Officer (CEO), the Chief Financial Officer (CFO), and two other directors of the company, one of whom shall be a non-executive director. Is it necessary for all directors to sign the financial statements? No, it is not necessary for all directors to sign. Only the specified directors mentioned in the Companies Act need to sign the financial statements. Can a director delegate the signing authority? No, the signing authority cannot be delegated to another person. Each signing director must sign the financial statements personally. 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

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Jewellery seizure and addition under Income Tax: Validity and Limits

Generally, addition of jewellery found during the course of search has been a litigated issue in India from a very long time. The jewellery found during search generally presumed to belongs to searched assessee and his family. The Assessee is required to explain the source of Acquisition of Jewellery. The Jewellery which has been disclosed in the Wealth tax return and for which the source is explained cannot be seized. The customs of receiving and gifting jewellery has been very old in India on special occasions and Jewellery in India also got transfer from one generation to another as a symbol of love, affection and inheritance. Also, it is difficult for the Assessing Officer to assess whether Jewellery is Self-purchased, gifted or inherited. Hence, in order to avoid the Litigation the Central Board of Direct Taxes had issued instruction to not to seized the jewellery up to a prescribed quantity belonging to each family member. Power of Search Officer to Seize jewellery The power of the authorised officer to seize jewellery during the course of search is derived from section 132(1)(B)(iii), which provides that the Authorized Officer should seize any such books of account, other documents, money, bullion, jewellery, or other valuable article or thing found as a result of such search. However, as per the proviso to the said clause, any bullion, jewellery or other valuable article or thing, being stock-in-trade of the business, found as a result of such search shall not be seized but the authorised officer shall make a note or inventory of such stock-in-trade of the business. Guidelines for seizure of jewellery and ornaments in course of search The CBDT has vide instruction No. 1916 dated 11th May, 1994, issued guidelines for seizure of jewellery and ornaments in course of search. The said guidelines, which is reported in (1994) 120 Taxation (St.) 98, is reproduced below. ‘Instances of seizure of jewellery of small quantity in course of operations under section 132 have come to the notice of the Board. The question of a common approach to situations where search parties come across items of jewellery, has been examined by the Board and following guidelines are issued for strict compliance:— i. In the case of a wealth-tax assessee, gold jewellery and ornaments found in excess of the gross weight declared in the wealth-tax return only need be seized. ii. In the case of a person not assessed to wealth-tax, gold jewellery and ornaments to the extent of 500 gms. per married lady, 250 gms. per unmarried lady and 100 gms. per male member of the family, need not be seized. iii. The authorised officer may, having regard to the status of the family and the custom and practices of the community to which the family belongs and other circumstances of the case, decide to exclude a larger quantity of jewellery and ornaments from seizure. This should be reported to the Director of Income-tax/Commissioner authorising the search at the time of furnishing the search report. iv. In all cases, a detailed inventory of the jewellery and ornaments found must be prepared to be used for assessment purposes. What are the limits for holding gold jewellery and ornaments? The first point to emphasise is that there is no restriction on possessing gold jewellery or ornaments provided they were obtained from the source of income specified. The CBDT issued a circular on May 11, 1994, which was further clarified in a press release, stating that no proof of investment is necessary for gold possessed within the authorised limits. The above circular states that gold jewellery and accessories are exempt from seizure if: The assesses under investigation have declared such gold jewellery and ornaments in his wealth tax return. If an assessee is not subject to wealth tax, gold jewellery and ornaments up to the prescribed limitations will not be confiscated. Just the excess of the gross weight of gold jewellery and decorations not stated in the wealth tax return would be confiscated if the assessee is assessed to wealth tax. When such gold jewellery and ornaments are seized, the assessee must explain the source of income for making such investments. If the assessee fails to offer an explanation or the reason provided is insufficient, the amount is taxable under section 69B at the rate prescribed in section 115BBE of the Act. The stipulated rate is 60% + a 25% fee. Add a 4% HEC and a 10% penalty on such tax. The prescribed limit on the quantity of jewellery and ornaments that different persons can hold is as under: Particulars Limit per person Married woman 500 gms Unmarried woman 250 gms Men 100 gms Income tax on the sale of gold Sale of gold jewellery/bullion/Gold ETFs/ Gold MFs is taxable under the head ‘Capital gains’ as under; If you sell the gold within three years of purchasing it, the profit is considered a short-term capital gain (STCG). The STCG is applied to your income and taxed according to the Act’s particular slab rates. If you sell the gold three years after purchasing it, the profit is termed long-term capital gain (LTCG). The LTCG is taxed at 20.8% (20% plus a 4% cess). The purchase cost indexation advantage is offered (to cover inflation cost from the year of purchase to the year of sale) GST on the purchase of gold GST is levied at 3% on gold purchases and 5% on charges.If you trade gold (say, bars or coins) for new jewellery, no GST has imposed again up to the weight of the gold swapped. Just the value of excess weight is subject to GST. However, no GST would be levied on the sale of gold. Income tax on gold jewellery/bullion/Gold ETFs/ Gold MFs received as a gift If you receive gold jewellery/bullion/Gold ETFs/Gold MFs as a gift, the entire market value of gold received is taxable if it exceeds INR 50,000. It is taxed at slab rates under the heading ‘Income from other sources’ based on your income

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Payroll/HR Management

Business owners have a general sense of most HR terms, but still some questions keep coming again and again. In particular, the relationship between payroll and HR often creates confusion. We often hear questions like – What is the role of HR in payroll processing? Does HR include payroll? What is the connection between HR and payroll? What are the advantages of integrating HR software and payroll software? What exactly is the role of HR in payroll processing? The role of HR in payroll processing is crucial. HR (Human Resources) plays a significant role in ensuring accurate and timely payment to employees. Here are some specific responsibilities of HR in payroll processing: Employee Data Management: HR collects, verifies, and maintains employee data such as personal information, employment details, tax withholdings, and benefits enrolment. Time and Attendance Management: HR tracks employees’ working hours, leave records, overtime hours, and other attendance-related information. This ensures accurate calculation of wages. Payroll Calculation: HR works closely with finance departments, or outsourced payroll providers, to calculate employee wages based on the agreed-upon pay rates, deductions, bonuses, and allowances. Compliance with Employment Laws: The human resource department ensures that payroll processes comply with labour laws regarding minimum wage requirements, overtime regulations, tax withholdings, and other applicable legal obligations. Payroll Administration: HR handles administrative tasks related to payroll processing, including preparing pay cheques or electronic transfers for employees, distributing payslips or statements, and addressing any payroll-related inquiries or discrepancies. Benefits Administration: In most organizations, HR manages employee benefits programs such as health insurance, retirement plans, and other voluntary deductions that impact payroll processing. Reporting and Record-keeping: HR maintains accurate records of payroll transactions and generates reports for management’s review or external audits. These reports may include payroll expenses, tax filings, year-end reports, etc What is Payroll processing? Payroll is a list of employees that are paid by the company. Payroll is the total amount the employers pay to the employees. A payroll function involves the development of an organization pay policy that includes flexible benefits, leave encashment policy. Payroll management also includes payslip components like basic, variable pay, HRA, and LTA. and also gathering other payroll inputs like the organization’s food vendor supply, etc. Payroll and HR management also involve releasing the employees’ salary, depositing the dues like TDS, PF, etc with appropriate authorities, and filing returns. Put together Payroll processing includes the calculation of the Net Pay after the tax adjustments and other deductions. By integrating payroll within an HRMS, organizations can have several advantages: Centralized Data: The integration of payroll with other HR functions in an HRMS enables centralized employee data management. This reduces redundancy of data, improves accuracy, and also ensures consistency across different processes. Time and Cost Efficiency: Automating payroll processes through an integrated system eliminates the need for manual calculations. It also reduces paperwork. This saves time for HR professionals and minimizes errors. It also helps in faster processing of salaries and reduces administrative costs. Compliance Management: An HRMS with a payroll module ensures adherence to labour laws and regulatory requirements related to payroll processing. It assists in accurate tax calculations, generating necessary reports like tax filings or year-end documents, thus facilitating compliance with legal obligations. Employee Self-Service: Many modern HRMS systems provide self-service portals for employees. These portals allow them to access their payslips, view tax information, update personal details relevant to payroll processing (such as bank account information), and submit reimbursement claims online. Reporting and Analytics: An integrated payroll module within an HRMS provides comprehensive reporting capabilities. It generates reports on various aspects of payroll such as expense analysis, salary distributions, overtime tracking, etc. It is a great help to management in making informed decisions Payroll processing in India Pre-Payroll Activities Defining payroll policy- The first step is wherein the policies to the bank during the payroll processes need to be established. These policies need to be approved by the management to turn these policies into standards. Policies like the Pay policy, Attendance policy, leave and benefits policy, and more. Gathering inputs- At this stage, the inputs are gathered from various departments to ensure the accurate calculation of the payroll. Source of Data Data Example Employees Income tax declaration, facilities availed, and more HR team Salary structure, eligibility for benefits Finance team Deduction for recoveries Leave and attendance systems Data from attendance systems, current work shift, etc. General service providers Transport service provider, canteen vendor, etc. This data collection can seem tedious at first but registering with IndiaFilings will make it more hassle-free. Input validation- It is necessary to verify the validity of the data once it is gathered as a minute mistake can ruin the entire payroll process. It is necessary to ensure that the list contains all the active employees and no records of inactive employees. Checking the data whether it adheres to the company policy. Ensure the present in the right format. Payroll Calculation- This step is when the validated input data is fed into the payroll system for actual payroll processing. The result is the Net pay after adjusting the necessary taxes and other deductions. Once the payroll process is over it is always better to reconcile the values and verify the accuracy to avoid further errors. Post- Payroll Statutory compliance-The payroll administrator needs to religiously adhere to statutory compliance. There are various statutory deductions like EPF, TDS, ESI is deducted during the payroll processing. These deductions are then paid to the respective authorities or government bodies. Payroll accounting- Every organization is required to maintain an accurate book of accounts and the salary that is paid for one of the significant entries in the books of accounts. Payout- After complying with the steps above the salaries can be finally paid in cash or cheque or via bank transfers. For hassle-free transfers, it is better to have salary accounts of the employees. Report- Preparing a report is the last stage and it is necessary to prepare an accurate report containing information such as the department or location-wise employee cost. Various methods of payroll management Excel-based payroll management- At the

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Union Bank of India Current Account

A Current Account or Demand Deposit Account is a kind of bank account that is prominently chosen by companies, firms, public enterprises and entrepreneurs to keep up with large and multiple transactions that occur on a regular basis. This account, being a zero-account, can be opened in most national and commercial banks as it is associated with a higher frequency of transactions. These accounts do not offer any interests on the amount it holds due to the advantage of fluidity offered by it. Among the many highlighted benefits, a current account does not have a limit on the number of transactions to be carried out.  Benefits Card facilities- Individual current accounts, joint current accounts and the accounts linked to proprietary businesses are offered with ATM cards to facilitate quick and easy access. Union Bank of India has an extensive network of ATMs across the country offering a variety of facilities such as withdrawal of cash, balance inquiry, mini statement of accounts, recharging mobiles, etc. With access to a large number of merchant establishments within India, an ATM-cum-Debit-Card, which is usable in and outside the country, can be applied for at a nominal fee. Unlimited Accessibility-Customers can now save time and cost through Union Bank Internet Banking and transact conveniently. Usage of ATM card at any bank’s ATM is also available, subject to an INR 20 per transaction as nominal charges. Account Accessibility-The customer can monitor and control all funds conveniently through Union Bank Internet Banking and the account’s passbook and statements. Transactional Ease Unlimited payments  Availability of Customizable payment options Receipt of monetary funds from anywhere in the world with ease. Upcountry Cheque Collection Facility. Other Advantages Overdraft Facility. Easy transfer of accounts between the bank’s extensive network of branches without any additional charges. Nomination facility. Low minimum balance requirements. Internet banking facility. Eligibility Any resident individual (for Single Accounts). Two or more individuals (for Joint Accounts). Entities such as Proprietorships, Partnership Firms, and Limited Companies. Disabled Individuals such as Visually Impaired Persons, Illiterate individuals, etc. Minors (if the account is to be operated by the Guardian). Groups such as Associations, Clubs, Societies, Trusts etc. Joint Hindu Families (non-trading accounts only). Government bodies such as Municipalities and Panchayats. Religious Institutions. Educational Institutions (including Universities). Charitable Institutions. Union Classic Current Account (UCCA) UCCA is a premium current account that is tailor-made for Traders, Business Entities, Corporates, and Institutions. Three ranges of Average Monthly Balance has to be maintained in this current account. free facilities are also granted for the account holder based on the AMB maintained in the current account. The AMB ranges from: INR 50,000 to less than INR 1,00,000. INR 1,00,000 to INR 4,99,999. INR 5,00,000 and above The Average Monthly Balance (AMB) in UCCA is calculated from the 16th of a specific month to the 15th of the following month.  Union Classic Current Account for Banks The Union Classic Current Account for Banks (UCCA-B) is designed to cater to needs of banks including Co-operative Banks and RRB’s. This product facilitates the banks for free remittances and free cash transactions up to a pre-determined level. The Average Monthly Balance (AMB) for Scheduled Commercial Banks under in this particular current account is INR 100 Lakhs. The Average Monthly Balance (AMB) for RRBs and Co-operative Banks under this particular current account is INR 50 Lakhs. Charges, as applicable to ordinary Current Accounts, will be imposed for operations over & above the free limits mentioned if the determined AMB is not maintained. Cheque leaves of 100 numbers are available for this account holder.  Union Flexi Current Deposits Whenever the outstanding balance in a Current Flexi Account goes below INR 5,00,000, the gap will be bridged by a transfer from the linked FD Flexi Account in units of INR 100,000. The balance in the Current Flexi Account cannot to go below INR 5,00,000 or the specified initial amount at the time of opening the account unless the flexi-account deposits are exhausted. Transfer of funds from FD Flexi to Current Flexi Account will be under LIFO (Last in First Out) method where the linked FD units created most recently will be closed first for transfer to the Current Flexi Account.  Union Flexi Premium Current Deposit Whenever the outstanding balance in the Premium Current Flexi Account goes below INR 25,00,000, the gap will be bridged by a transfer from the linked FD Flexi Account in units of INR 5,00,000. The balance in Current Flexi Account will not be allowed to fall short than INR 25,00,000 or the desired initial amount at the time of opening the account unless the flexi-account deposits are exhausted. Transfer of funds from FD Flexi to Current Flexi Account will be under LIFO (Last in First Out) method where the linked FD units created most recently will be closed first for transfer to the Current Flexi Account.  FAQs What is a current account with Union Bank of India? A current account is a type of bank account offered by Union Bank of India that is primarily used for business purposes. It allows account holders to make frequent transactions such as deposits, withdrawals, and transfers. What are the features of Union Bank of India’s current account? Features may include: No limit on the number of transactions. Chequebook facility. Internet banking and mobile banking services. Overdraft facility (subject to eligibility). SMS and email alerts for transactions. Dedicated relationship manager for business accounts (in some cases). What documents are required to open a current account with Union Bank of India? The documents required typically include: Identity proof (such as Aadhaar card, passport, PAN card). Address proof (such as Aadhaar card, utility bills, rent agreement). Business registration documents (such as GST registration, partnership deed, memorandum of association). KYC (Know Your Customer) documents for authorized signatories. 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

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Foreign Portfolio Investment (FPI)

Foreign Portfolio Investment (FPI) involves an investor buying foreign financial assets. It involves an array of financial assets like fixed deposits, stocks, and mutual funds. All the investments are passively held by the investors. Investors who invest in foreign portfolios are known as Foreign Portfolio Investors. Foreign Portfolios increase the volatility. As a result, it leads to increased risk. The intent of investing in foreign markets is to diversify the portfolio and get some handsome return on investments. Investors expect to receive high returns owing to the risk they’re willing to take. Foreign Portfolio Investment is a prominent investment alternative nowadays. From individuals and businesses to even Governments invest in Foreign Portfolios. What Is Foreign Portfolio Investment (FPI)? Foreign portfolio investment (FPI) consists of securities and other financial assets held by investors in another country. It does not provide the investor with direct ownership of a company’s assets and is relatively liquid depending on the volatility of the market. Along with foreign direct investment (FDI), FPI is one of the common ways to invest in an overseas economy. FDI and FPI are both important sources of funding for most economies. Benefits of Foreign Portfolio Investment Investment Diversity- FPI provides investors an opportunity to diversify their portfolio. As an investor, you can diversify your portfolio to achieve high returns. Suppose if you incur major losses in investment assets of a Country X, you can accrue profits in investment assets of a country Y. In this way, you can experience less volatility in your investments and increase chances of profits. International Credit- Investors can get access to increased amounts of credit in foreign countries. They can broaden their credit base. By expanding their credit base, investors can secure their line of credit. In case the domestic credit score is unfavourable, having an international credit score can be beneficial. This allows the investor to utilize more leverage and get high returns on equity investment. Access to a Bigger Market- Sometimes, foreign market can be less competitive than the domestic market. Hence, FPI gives you an exposure to a wider market. The foreign markets are comparatively less saturated and hence, they may offer higher returns and more diversity as well. High Liquidity- Foreign Portfolio Investments provides high liquidity. An investor can buy and sell foreign portfolios seamlessly. This offers buying power for investors to act when good buy opportunities arise. Investors can buy and sell trades in a quick and seamless manner. An investor can leverage the dynamic nature of international currencies. Some currencies can drastically rise or fall, and a strong currency can be used in investor’s favour. Exchange Rate Benefit – An investor can leverage the dynamic nature of international currencies. Some currencies can drastically rise or fall, and a strong currency can be used in investor’s favour. Categories of Foreign Portfolio Investment: Category I: This includes investors from the Government sector. Such as central banks, Governmental agencies, and international or multilateral organizations or agencies. Category II: This category includes : Regulated broad-based funds such as mutual funds, investment trusts, insurance/reinsurance companies.- Also include regulated banks, asset management companies, portfolio managers, investment advisors, and managers. Category III: It includes those who are not eligible in the first two categories. It includes endowments, charitable societies, charitable trusts, foundations, corporate bodies, trusts, individuals. Eligibility Criteria for Foreign Portfolio Investment As per the Income-tax Act 1961, the applicant should not be a non-resident Indian Should not be a citizen of a country that falls under the public statement of FATF. Must be eligible to invest in securities outside the country. To invest in securities, he/she must have the approval of the MOA / AOA / Agreement. A certificate that grants the applicant holds an interest of the development of the securities market. In case the bank is the applicant, it must belong to a nation whose central bank is a member of the Bank for International Settlements. Factors Affecting Foreign Portfolio Investment Growth Prospects- The economy of a country plays a crucial role in foreign investments. If an economy is robust and growing, investors are more inclined to investing in the financial assets of that country. On the other hand, if the country goes through a financial turmoil or a recession, investors tend to withdraw their investments. Interest Rates- Investors yearn for a high return on investment. Hence, investors prefer to invest in countries with high interest rates. Tax Rates- The tax is levied on capital gains. Higher tax rates reduces the return on investments. Hence, investors prefer to invest in countries which have lower tax rates. Risks Involved in Foreign Portfolio Investment Political Risk Exposure- The change in the political environment may give rise to political risk. This results in a change of investment criteria, economic policies, and repatriation regulations. Low Liquidity- In developing countries, the capital market liquidity often tends to be low resulting in a higher price volatility. FAQs Do FPIs need to enroll with SEBI? No. there is no need for FPIs to directly register from SEBI. The Registration can be granted by a designated depository participant (DDP) instead of SEBI. Whether non-regulated entities are eligible to register as FPIs? Non appropriately regulated entities can register under Category III FPIs. What is the cap for maximum shareholding by FPI? The purchase of equity shares of each company by a single FPI must be below 10% of the total issued capital of the company. 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

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