June 20, 2024

Conversion of Partnership to Private Limited Company

Conversion of Partnership to Private Limited Company

Businesses often evolve and grow over time, and with growth comes the need for a more structured and organized legal entity. Many partnership firms eventually contemplate converting into a private limited company due to the advantages it offers in terms of limited liability, easier access to capital, and increased credibility. Overview of Conversion of Partnership Firm into a Private Limited Company Conversion of a partnership firm into a private limited company is always very advantageous. The company members enjoy benefits like perpetual succession and limited liability. Section 366 of the Companies Act 2013 provides for the entities eligible to be registered under this Act. As per this section, the conversion of a partnership firm into a limited company is possible. The section also states that you can convert any cooperative society, LLP or any other type of business into a private limited company. Benefits of Conversion of Partnership firm into a private limited company With the conversion of a partnership firm into LLP income tax, the shareholders are liable only to a considerable extent. Private limited company registration makes it easier for the companies to raise funds as there are no limitations on the number of stockholders. Make management and shareholding changes and revisions easily without disturbing the company policies. A private limited company has a distinct legal entity. The outsiders can never take control of a private limited company. Obligations and assets are transferred. No capital gain taxes are levied on property transfer from one company to the other. Constant succession is also enjoyed with a private limited company. Need of Converting a Partnership Firm into a Private Limited Company Limited Liability:  One of the primary advantages of a private limited company is that its members’ liability is limited to the extent of their shareholdings. In a partnership firm, partners are personally liable for the firm’s debts, while in a private limited company, personal assets remain protected. Easier Capital Raising:  Private limited companies have an advantage when it comes to raising capital. They can issue shares to raise funds from investors, which isn’t possible in a partnership firm. Perpetual Existence:  A private limited company enjoys perpetual existence. It continues to exist even if the members or directors change. Partnerships typically dissolve or require formal reconstitution when a partner exits. Improved Credibility:  Private limited companies often have a higher level of credibility in the business world. They are seen as more stable and trustworthy, which can help attract clients and investors. Tax Benefits:  Private limited companies might offer tax advantages, depending on the jurisdiction and the nature of the business. Transfer of Ownership:  In a private limited company, the transfer of ownership is relatively easy, as it involves the transfer of shares. Partnerships typically require more complex procedures. Essentials for Converting the Partnership firm into a Private Limited Company Section 366 of the Companies Act 2013 puts down the essentials for the conversion of a partnership firm into a private limited company stamp. These include: The partnership deed needs to be registered with the Registrar of companies. There should be at least two shareholders or directors to convert a partnership firm into a private limited company. Secured creditors of a partnership firm must obtain the No Objection Certificate before conversion into a private limited company. The partnership firm should also get an exclusive name while ensuring that the name ends with Pvt. Ltd. A contribution of minimum capital is necessary. The partnership firm looking to convert into a private limited company should also have a registered office. Once the conversion procedure is complete, the private limited company should form its AOA and MOA for Incorporation. How to convert a Partnership Firm into a Private Limited Company? Obtain Partners’ Consent: All the partners of the existing partnership firm need to agree to the conversion process. A resolution must be passed, showing unanimous consent to the transition. Register a Private Limited Company: You need to incorporate a new private limited company with the desired name. The name should ideally reflect the business’s nature and must be unique and not in use by any other entity in your jurisdiction. MOA and AOA Drafting: Draft a Memorandum of Association (MOA) and Articles of Association (AOA) for the new private limited company. These documents specify the company’s objectives, capital structure, and internal regulations. Legal assistance is recommended to ensure these documents adhere to the legal requirements. Share Allotment: Decide on the distribution of shares among the partners. The shareholding pattern should reflect the partnership’s ownership structure. Value of Assets and Liabilities: A statement of assets and liabilities of the partnership firm must be prepared, and the values transferred to the new private limited company’s books. An auditor can help in this process. Obtain NOC and Approvals: Obtain a No Objection Certificate (NOC) from all existing creditors and approval from statutory authorities if required. This ensures a smooth transition without legal complications. File Conversion Documents: Prepare the necessary documentation for conversion process and submit it to the relevant regulatory authorities. In India, for example, this involves filing form URC-1 with the Registrar of Companies. Paying Stamp Duty: Stamp duty might be applicable on various documents, such as the MOA, AOA, and the partnership deed. Ensure all stamp duties are paid as per the local regulations. Publication of Notice: In some jurisdictions, you may be required to publish a notice about the conversion process in a local newspaper. Compliance with Taxation Laws: Ensure that all tax liabilities are settled, and the necessary tax registrations and compliances are met. Seek professional advice to manage the tax aspects effectively. Business Name Change: After obtaining the Certificate of Incorporation for the new private limited company, the name of the partnership firm should be updated to reflect the new entity. This includes changing the name on all legal documents and licenses. Challenges and Considerations Cost: The conversion process can be costly, involving legal fees, registration fees, and stamp duties. It’s essential to budget for these expenses. Complexity: The process can be complex and time-consuming, involving legal, financial, and administrative aspects. Professional guidance is often necessary.

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Section 41 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for non-compliance with intimation requirements Whoever, being an enrolling agency or a requesting entity, fails to comply with the requirements of sub-section (2) of section 3 or sub-section (3) of section 8, shall be [liable to penalty which may extend to one lakh rupees, or in the case of a company, with penalty which may extend to ten lakh rupees]. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 40 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for unauthorised use by requesting entity or offline verification-seeking entity Whoever,— (a)   being a requesting entity, uses the identity information of an individual in contravention of sub-section (2) of section 8; or (b)   being an offline verification-seeking entity, uses the identity information of an individual in contravention of sub-section (2) of section 8A, shall be punishable with imprisonment which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both.] 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Strength of Inspector in CGST Jaipur

Sanctioned and working strength of Inspector in CGST & Central Excise (Jaipur Zone), Jaipur as on date is as under: Sanctioned Strength of Inspectors are 573 Working Strength of Inspectors are 497* *Includes 41 Inspectors working in Jaipur Zone as on date on deemed loan basis. Role of Inspectors in GST Inspectors play a crucial role in the Goods and Services Tax (GST) regime, primarily in ensuring compliance, preventing tax evasion, and facilitating smooth tax administration. Here are some key aspects of their role: Verification and Inspection: Inspectors are responsible for verifying the accuracy of GST filings and compliance with GST laws by taxpayers including verification of registered address at the time of GST Registration in Jaipur. They conduct inspections of business premises, records, and accounts to ensure that the correct amount of tax is being paid and reported. Audit and Assessment: Inspectors conduct audits to verify the correctness of GST returns filed by taxpayers. They examine financial records, invoices, and other documents to assess whether the taxpayer has followed the provisions of the GST law. Investigation of Offences: Inspectors investigate cases of suspected tax evasion, fraud, or other GST-related offences. This includes examining discrepancies in returns, mismatch in input tax credit claims, and other irregularities. Facilitation of Compliance: Apart from enforcement, inspectors also play a role in educating taxpayers about GST compliance requirements. They provide guidance and assistance to businesses in understanding their obligations under GST and help them comply effectively. Enforcement of Law: Inspectors have the authority to take enforcement actions against non-compliant taxpayers. This may include issuing notices, conducting raids or searches (with proper authorization), seizing goods, and imposing penalties where necessary. Assistance in Dispute Resolution: Inspectors may assist in the resolution of disputes between taxpayers and tax authorities. They provide relevant information and documents during the dispute resolution process to facilitate a fair and quick resolution. Collection of Information: Inspectors gather information on various aspects of GST compliance and administration. This information helps in policy formulation, improving compliance mechanisms, and identifying areas of concern that may require regulatory changes. Coordination with Other Authorities: Inspectors often collaborate with other law enforcement agencies and regulatory bodies to tackle issues such as cross-border tax evasion, smuggling, and other related offences that impact GST compliance. In summary, inspectors in the GST framework serve as key enforcers and facilitators of compliance. Their role is pivotal in maintaining the integrity of the GST system, ensuring fair tax collection, and supporting the overall objective of creating a transparent and efficient indirect tax regime.

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Section 39 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for tampering with data in Central Identities Data Repository Whoever, not being authorised by the Authority, uses or tampers with the data in the Central Identities Data Repository or in any removable storage medium with the intent of modifying information relating to Aadhaar number holder or discovering any information thereof, shall be punishable with imprisonment for a term which may extend to [ten years] and shall also be liable to a fine which may extend to ten thousand rupees. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 38 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for unauthorised access to the Central Identities Data Repository Whoever, not being authorised by the Authority, intentionally,— (a)   accesses or secures access to the Central Identities Data Repository; (b)   downloads, copies or extracts any data from the Central Identities Data Repository or stored in any removable storage medium; (c)   introduces or causes to be introduced any virus or other computer contaminant in the Central Identities Data Repository; (d)   damages or causes to be damaged the data in the Central Identities Data Repository; (e)   disrupts or causes disruption of the access to the Central Identities Data Repository; (f)   denies or causes a denial of access to any person who is authorised to access the Central Identities Data Repository; (g)   reveals any information in contravention of sub-section (5) of section 28, or shares, uses or displays information in contravention of section 29 or assists any person in any of the aforementioned acts; (h)   destroys, deletes or alters any information stored in any removable storage media or in the Central Identities Data Repository or diminishes its value or utility or affects it injuriously by any means; or (i)   steals, conceals, destroys or alters or causes any person to steal, conceal, destroy or alter any computer source code used by the Authority with an intention to cause damage, shall be punishable with imprisonment for a term which may extend to [ten years] and shall also be liable to a fine which shall not be less than ten lakh rupees. Explanation.—For the purposes of this section, the expressions “computer contaminant”, “computer virus” and “damage” shall have the meanings respectively assigned to them in the Explanation to section 43 of the Information Technology Act, 2000 (21 of 2000), and the expression “computer source code” shall have the meaning assigned to it in the Explanation to section 65 of the said Act. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 37 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for disclosing identity information Whoever, intentionally discloses, transmits, copies or otherwise disseminates any identity information collected in the course of enrolment or authentication to any person not authorised under this Act or regulations made thereunder or in contravention of any agreement or arrangement entered into pursuant to the provisions of this Act, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 36 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for impersonation Whoever, not being authorised to collect identity information under the provisions of this Act, by words, conduct or demeanour pretends that he is authorised to do so, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or, in the case of a company, with a fine which may extend to one lakh rupees or with both. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 35 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for impersonation of Aadhaar number holder by changing demographic information or biometric information Whoever, with the intention of causing harm or mischief to an Aadhaar number holder, or with the intention of appropriating the identity of an Aadhaar number holder changes or attempts to change any demographic information or biometric information of an Aadhaar number holder by impersonating or attempting to impersonate another person, dead or alive, real or imaginary, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to a fine which may extend to ten thousand rupees. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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Section 34 – Aadhaar (Targeted Delivery Of Financial And Other Subsides, Benefits And Services) Act, 2016

Penalty for Impersonation at time of enrolment Whoever impersonates or attempts to impersonate another person, whether dead or alive, real or imaginary, by providing any false demographic information or biometric information, shall be punishable with imprisonment for a term which may extend to three years or with a fine which may extend to ten thousand rupees or with both. 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 Demand Notice | Psara License | FCRA Online 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 | GST Search Taxpayer | caro 2020 | Challan 280 | itr intimation password |  internal audit applicability |  preliminiary expenses |  mAadhar |  e shram card | ec tamilnadu |  aaple sarkar portal |  epf activation |  scrap business |  brsr | depreciation on computer | west bengal land registration | traces portal | Directorate general of GST Intelligence | form 16 | rtps | patta chitta

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