Business

Section 155 Central Goods and Services Tax Act, 2017

Burden of proof Where any person claims that he is eligible for input tax credit under this Act, the burden of proving such claim shall lie on such person.     * Enforced w.e.f. 1st July, 2017 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  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

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Rule 12A of The Companies Appointment and Qualifications of Directors Rules 2014

Directors KYC Every individual 5[who holds] a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, 4[6[submit e-form DIR-3- KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year]] Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit e-form 2[DIR-3 KYC on or 3[before 5th October,2018 ]].] 7[Provided further that where an individual who has already submitted e-form DIR-3 KYC in relation to any previous financial year, submits web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year it shall be deemed to be compliance of the provisions of this rule for the said financial year: Provided also that in case an individual desires to update his personal mobile number or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only: Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, shall be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.] 8[Note: For the financial year ending on 31st March 2019, the individual shall submit e-form DIR-3 KYC or web Form DIR-3 KYC-WEB, as the case may be, on or before the 14th October, 2019. ] Amendment 1.Inserted by the Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018 Dated 05.07.2018 2.Substituted by the Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018 Dated 21.08.2018 in the proviso, for the words and numbers DIR-3 KYC on or before 31st August, 2018 the following words and numbers shall be substituted namely: “DIR-3 KYC on or before 15th September,2018” 3.Substituted by the Companies (Appointment and Qualification of Directors) Sixth Amendment Rules, 2018 Dated 20.09.2018 in the proviso to rule 12A, for the words and figures before 15th September, 2018 the following words and numbers shall be substituted namely: “before 5th October, 2018” 4.Substituted by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2019 Dated 30.04.2019 in rule12A, for the words and figures on or before 30th, April of immediate next financial year the following words and numbers shall be substituted namely: “on or before 30th June of immediate next financial year” 5. Substituted by Companies(Appointment and Qualfication of Directors) Third Amend Rules 2019 Dated 25th July 2019 in Rule 12A, for the words, who has been allotted the following words and numbers shall be substituted namely: who holds. 6. Substituted by Companies(Appointment and Qualfication of Directors) Third Amend Rules 2019 Dated 25th July 2019 in Rule 12A, for the words and figures, submit e-form DIR-3-KYC to the Central Government on or before 30th June of immediate next financial year the following words and numbers shall be substituted namely: submit e-form DIR-3-KYC for the said financial year to the Central Government on or before 30th, September of immediate next financial year. 7. Inserted by Companies(Appointment and Qualfication of Directors) Third Amend Rules 2019 Dated 25th July 2019 8. Inserted by Companies (Appointment and Qualification of Dirrectors) Fourth Amendment Rules 2019 Dated 30th September 2019

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Startup India Registration In Jaipur

Startup India Registration A startup is a small sized business started in India,with an objective to solve a problem with a particular service or goods. LLPs, small firms are also Startups as they are funded by an individual or promoters. Startup India in India– A Government Initiative to promote new businesses Startup India Scheme, is an GoI initiative that was launched by Prime Minister Shri. Narendra Modi on 16th January 2016, to promote new business leading to employment generation and inclusive growth. The basic aim of this Scheme i.e. Startup India remains the development of business and promotion of innovative ideas . Startup India is an Indian Government initiative that is intended to build a strong eco-system for nurturing innovation and startups in the country to drive sustainable economic growth and generate large scale employment opportunities. Through this initiative, the government aims to empower Startups to grow through innovation and design. Startup is an entity that develops a business model based on some innovation and makes it scalable for achieving commercial success. According to Department for Promotion of Industry and Internal Trade (DPIIT), under the Union Ministry for Commerce and Industry, an entity shall be considered as a Startup upto a period of ten years from the date of incorporation/ registration, if it is incorporated as a private limited company or registered as a partnership firm or a limited liability partnership in India. Eligibility Criteria for Startup Registration Period of Existence of Entity: The Period of existence and operations of the company should not exceed 10 years from the date of formation Annual Turnover Limit – In order to be eligible to get the DPIIT Certificate of Recognition, the firm has to have an annual turnover of Rs 100 crore for any of the fiscal years since its federation. Original Entity: To avail the DPIIT Certificate of Recognition, the company should not have been incorporated by splitting up or recreating an already existing entity. Innovative Entity – In order to get recognised as a startup under the DPIIT, the firm or entity has to be working towards the improvement or development of a product or service or process. Type of Entity: The DPIIT Certificate of Recognition is provided for the company which is incorporated as a Private Limited Company, a Limited Liability Partnership (LLP) or a Registered Partnership Firm. Documents for Startup Registration Registration Certificate of your start-up Details of all the Directors PAN Number Proof of concept like website link/video Patent and trademark details (not compulsory) Procedure for DPIIT registration certificate for recognition as Startup STEP 1-Business Incorporation – The very first step is to get the entity or firm registered in any form be it a Limited Liability Partnership or a Private Limited Company STEP 2-Application Filing – The next step is to file the application with Startup India by filling out an online form with the required details and submit the required documents STEP 3-Upload Documents – The third step is to properly upload all the documents required for filing the application, any award received by the firm, a questionnaire, and the incorporation certificate of the firm. STEP 4-Self Certify the Documents – The next step is to ensure that you certify all the related details as well as documents before you file for the recognition under DPIIT. STEP 5-Obtaining Recognition Number – Once all the required documents are submitted and the application is examined, .You get the certificate of registration  Advantages of Start-up Registration By registering a company you can limit your personal liability. Companies are also entitled to a large number of tax deductions. The startups can avail Rs.2000 crore Credit Guarantee fund through the National Credit Guarantee Trust Company or SIDBI over 4 years. After obtaining the DPIIT Certificate of Recognition for Startups, the entity will be allowed to self-certify compliance under 3 Environmental Laws and 6 Labour Laws. The Startups recognised under the DPIIT will get the opportunity to list their products on the Government e marketplace. The startups will be eligible for Rs.10000 crore funds of funds from the Alternative Investment Funds. Startup India Registration In Jaipur FAQ’s Q1: Can I apply for multiple benefits under Startup India for my startup india? A1: Yes, you can avail multiple benefits as long as your startup meets the eligibility criteria for each benefit. Q2: Is Jaipur a suitable city for tech startups? A1: Absolutely! Jaipur’s growing tech ecosystem is attracting startups in various domains, including technology, e-commerce, and digital marketing. Q3: Can foreign nationals register a startup in Jaipur under Startup India? A3: Yes, foreign nationals are allowed to register startups in India, subject to certain conditions and regulations. 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 

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Section 362 The Companies Act, 2013

Section 362 The Companies Act, 2013

Sale of Assets and Recovery of Debts Due to Company (1) The Official Liquidator shall expeditiously dispose of all the assets whether movable or immovable within sixty days of his appointment. (2) The Official Liquidator shall serve a notice within thirty days of his appointment calling upon the debtors of the company or the contributories, as the case may be, to deposit within thirty days with him the amount payable to the company. (3) Where any debtor does not deposit the amount under sub-section (2), the Central Government may, on an application made to it by the Official Liquidator, pass such orders as it thinks fit. (4) The amount recovered under this section by the Official Liquidator shall be deposited in accordance with the provisions of section 349. 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  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

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Udyam registration

udyam registration

Introduction In the quest for entrepreneurial success, every business owner seeks opportunities to enhance their company’s growth and secure various benefits. With the Indian government’s focus on promoting Micro, Small, and Medium Enterprises (MSMEs), the Udyam Registration scheme has emerged as a game-changer. This blog aims to provide you with an in-depth understanding of Udyam Registration, its What is Udyam Registration? Udyam Registration is an online certification process introduced by the Indian government to promote and support MSMEs. It replaced the previous registration process known as Udyog Aadhaar. This simplified and streamlined registration scheme aims to provide various benefits and incentives to eligible businesses. The Udyam Registration Certificate serves as proof of a business’s classification as an MSME. It enables enterprises to access various government schemes, subsidies, and credit facilities tailored to their needs. Whether you’re a small-scale manufacturer, service provider, or trader, obtaining Udyam Registration can significantly enhance your business prospects. Benefits of Udyam Registration Obtaining Udyam Registration brings a multitude of advantages to MSMEs, empowering them to thrive in a competitive market. Let’s take a closer look at the key benefits: Access to Government Schemes and Incentives: Udyam Registration enables businesses to participate in various government schemes like Credit Guarantee Fund Scheme, Performance and Credit Rating Scheme, and more. MSMEs can enjoy subsidies, tax benefits, and financial assistance provided under schemes such as the Prime Minister’s Employment Generation Programme (PMEGP) and the Technology and Quality Upgradation Support to MSMEs. Ease of Obtaining Bank Loans: With Udyam Registration, businesses gain easier access to credit and collateral-free loans. The government has introduced a dedicated portal to facilitate loan disbursement and faster processing for registered MSMEs. Protection against Delayed Payments: Udyam Registration equips enterprises with the power to seek relief through the Micro and Small Enterprises Facilitation Council (MSEFC) in cases of delayed payments from buyers. This provides added security and ensures the timely flow of funds for MSMEs. Enhanced Market Opportunities: Udyam Registration opens doors to participate in government tenders and procurements, giving MSMEs the chance to expand their customer base. Businesses can access exclusive exhibitions, trade fairs, and vendor development programs, providing exposure to potential buyers and collaborators. Who can apply for Udyam Registration? The Udyam Registration scheme is open to a wide range of businesses falling under the Micro, Small, and Medium Enterprise categories. Here’s a breakdown of the eligibility criteria based on investment and turnover: Micro Enterprises: For manufacturing enterprises, the investment in plant and machinery should not exceed INR 1 crore. For service-based enterprises, the investment in equipment should not exceed INR 50 lakhs. Small Enterprises: Manufacturing enterprises should have an investment between INR 1 crore and INR 10 crores in plant and machinery. Service-based enterprises should have an investment between INR 50 lakhs and INR 2 crores in equipment. Medium Enterprises: Manufacturing enterprises should have an investment between INR 10 crores and INR 50 crores in plant and machinery. Service-based enterprises should have an investment between INR 2 crores and INR 5 crores in equipment. It’s important to note that the turnover of the business is also considered while determining the eligibility for Udyam Registration. The revised MSME definition under the Atmanirbhar Bharat package includes the turnover criteria. For micro enterprises, the turnover should not exceed INR 5 crores. For small enterprises, the turnover should not exceed INR 50 crores, and for medium enterprises, the turnover should not exceed INR 250 crores. If your business falls within these investment and turnover limits, you are eligible to apply for Udyam Registration and unlock the benefits that come with it. Revised MSME Definition – The Atmanirbhar Bharat Package After 14 years since the MSME Development Act, a revision in the MSME definition was announced in the Atmnirbhar Bharat package on 13.05.2020 to bring more units under the purview of the schemes announced. According to this package, the composite criteria for the definition of MSME are investment and turnover; the limit has been revised upwards. The distinction between the service and the manufacturing sector has also been eliminated. The limit of the Micro units (both manufacturing and services) was increased to Rs. 1 Crore investment and Rs. 5 Crore turnover. Similarly, the limits of the small unit also increased to Rs. 10 Crore of investment and Rs 50 Crore of turnover. The limits of the medium enterprises were increased to Rs. 20 Crore of investment and Rs. 100 Crore turnover. When to apply for Udyam Registration? If your business meets the eligibility criteria, it’s crucial to understand when to apply for Udyam Registration. The registration process is simple and can be done online through the Udyam Registration Portal. It’s recommended to apply for Udyam Registration as soon as your business meets the eligibility criteria to ensure you can access the benefits at the earliest. Additionally, it’s important to note that the Udyam Registration Certificate is valid for a lifetime. However, it requires periodic updating and renewal of information. Documents Required for Udyam Registration Online To complete the Udyam Registration process smoothly, you need to gather the necessary documents. Here’s a list of the documents typically required: Aadhaar Card: The Aadhaar number of the business owner or the authorized signatory is essential for Udyam Registration. PAN Card: The Permanent Account Number (PAN) of the business or the authorized signatory is required for registration. Business Details: You need to provide information about the name of the business, its address, and other contact details. Bank Account Details: Furnish the bank account details, including the account number and IFSC code, to link it with your Udyam Registration. NIC Code: The National Industrial Classification (NIC) Code that represents your business activity needs to be mentioned during the registration process. Investment and Turnover Details: Provide the investment in plant and machinery or equipment, as well as the turnover of your business, as per the eligibility criteria. Ensure that you have these documents ready before starting the Udyam Registration process to avoid any delays or complications. Udyam Registration of New Enterprise – Udyam Registration

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Remuneration to Directors of a Company in India

When it comes to the remuneration of directors in Indian companies, several factors come into play, ranging from legal requirements to market trends. As a practicing Chartered Accountant and a fellow member of the Institute of Chartered Accountants of India (membership number 540126), I aim to shed light on this critical aspect of corporate governance. In this blog, we will explore the key elements surrounding remuneration to directors of a company in India, providing you with a comprehensive understanding of compensation practices. Understanding Remuneration to Directors of a Company in India To comprehend the nuances of remuneration to directors, let’s delve into its various facets: 1. Types of Remuneration In India, the remuneration granted to directors typically consists of the following components: Salary: Directors may receive a fixed salary, determined through board resolutions and subject to regulatory provisions. Perquisites: Directors often enjoy additional benefits, such as housing allowances, company vehicles, medical facilities, and more. Commission: In certain cases, directors receive a commission based on the company’s profits, subject to regulatory limits and approvals. 2. Legal Framework The remuneration to directors in India is governed by legal provisions outlined in the Companies Act, 2013. It sets forth guidelines and restrictions on remuneration, ensuring fairness and transparency. Key aspects include: Maximum Limits: The Act prescribes a cap on the total remuneration payable to directors, with specific provisions for different categories of companies. Board Approval: Any remuneration paid to directors must be approved by the company’s board of directors and disclosed in the financial statements. Shareholder Consent: In certain cases, prior approval from the shareholders is necessary for granting remuneration beyond prescribed limits. 3. Regulatory Compliance Indian companies must comply with various regulatory bodies concerning director remuneration. Notable authorities include: Ministry of Corporate Affairs (MCA): The MCA plays a pivotal role in regulating corporate affairs and monitoring compliance with the Companies Act. It ensures adherence to remuneration norms. Securities and Exchange Board of India (SEBI): SEBI, as the market regulator, oversees the remuneration practices of listed companies. It focuses on enhancing corporate governance standards and protecting investors’ interests. Overall maximum managerial remuneration and managerial remuneration in case of absence or inadequacy of profits. Limits on Managerial Remuneration in Public Companies   Position Limit on Remuneration Directors (including MD and WTD) Not more than 11% of net profits of the company Manager Not more than 11% of net profits of the company Directors (MD, WTD, and Manager) Not more than 5% of net profits individually Directors (Non-MD, Non-WTD) Not more than 1% of net profits if MD or WTD exists; Not more than 3% of net profits otherwise Approval Requirements   General Meeting Approval (For Remuneration exceeding 11% of net profits) Special Resolution Approval (For remuneration exceeding specified limits) Exceptions/Modifications/Adaptations Company Type Exception/Modification/Adaptation Nidhi Company Remuneration for special services subject to limits Government Company Section 197 does not apply Specified IFSC Public Company Section 197 does not apply Penalties and Fines Violation Penalty/Fine Contravention of provisions Fine ranging from INR 1 lakh to INR 5 lakhs Default in complying with section Penalty of INR 1 lakh for individuals   Penalty of INR 5 lakhs for companies   Auditor’s Report The auditor of the company will include the following details in their report: Whether the remuneration paid to directors complies with the provisions. Whether any director’s remuneration exceeds the prescribed limit. Any other details as prescribed.   Disclosures in Board’s Report (for listed companies) he Board’s report of a listed company will include the following information: Ratio of remuneration of each director to the median employee’s remuneration. Other prescribed details. y will include the following details in their report: Whether the remuneration paid to directors complies with the provisions. Whether any director’s remuneration exceeds the prescribed limit. Any other details as prescribed. Recent Developments in Remuneration Practices In recent years, there have been notable developments in remuneration practices for directors in Indian companies. These changes aim to align compensation with performance and enhance corporate governance. Let’s explore some of these developments: 1. Clawback Provisions Clawback provisions have gained prominence to address situations where directors receive excessive remuneration due to misrepresentation or financial misconduct. These provisions empower companies to recover such amounts from directors, ensuring accountability and responsible conduct. 2. Independent Directors’ Remuneration Independent directors play a crucial role in ensuring unbiased decision-making within the board. To preserve their independence, the Companies Act mandates that independent directors’ remuneration should consist solely of sitting fees and reimbursement of expenses. This provision aims to safeguard their objectivity and prevent conflicts of interest. 3. Comparative Analysis In an effort to promote transparency, companies are increasingly adopting comparative analysis while determining directors’ remuneration. This involves benchmarking the compensation against industry standards and the performance of peer companies. Such an approach enables companies to make more informed decisions and ensures that remuneration remains competitive and reasonable. 4. Say-on-Pay Mechanism The introduction of the “say-on-pay” mechanism has empowered shareholders by giving them a voice in determining director remuneration. Through this mechanism, shareholders have the opportunity to express their approval or disapproval of the remuneration policy through voting. This promotes greater shareholder engagement and reinforces the principle of accountability. 5. Enhanced Disclosure Requirements Regulatory authorities have strengthened the disclosure requirements related to director remuneration. Companies are now obligated to provide detailed information regarding the remuneration policy, the components of remuneration, and the criteria for determining the same in their annual reports. This increased transparency fosters trust and helps stakeholders assess the fairness of the remuneration structure. In Conclusion Remuneration to directors of a company in India is a multifaceted subject that requires careful consideration of legal requirements, regulatory compliance, and market trends. Understanding the types of remuneration, legal frameworks, and recent developments can equip businesses with the knowledge necessary to make informed decisions. As a practicing Chartered Accountant, I encourage companies to seek professional advice to ensure compliance with the Companies Act and other relevant regulations. By adhering to best practices and fostering transparency, companies can strike a balance between rewarding directors and

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Deciphering the Magic of SEZs: The Untapped Potential

sez

Introduction Well, well, well! Here we are, ready to dive into the captivating universe of Special Economic Zones or SEZs, as the savvy folks love to call them. You might wonder, “What’s the big deal about SEZs?” So, buckle up because we’re about to embark on a thrilling ride, unveiling the untapped potential of these economic powerhouses! Authored by yours truly, CA Bhuvnesh Kumar Goyal, a practicing Chartered Accountant since 2017 and a fellow member of the Institute of Chartered Accountants of India. Let’s get the ball rolling, shall we? Shedding Light on SEZs SEZs, akin to walled-off oases in a sprawling economic desert, are specifically demarcated regions with economic laws different from a country’s typical ones. So why are SEZs a big deal? They attract foreign direct investment (FDI) They act as hubs for economic growth and development They create a win-win situation for investors and the hosting country Pretty cool, right? Now, let’s delve into the crux of the matter. Why Are SEZs The New Bees Knees? You’ve heard the old saying, “The proof is in the pudding.” Well, SEZs are a striking embodiment of this adage. Bumper Benefits: The benefits that SEZs offer are hard to resist. Lower tariffs, tax holidays, smooth and streamlined procedures – the list goes on! Job Jamboree: Job creation is one of the most noticeable boons of SEZs. As these zones thrive, so does the local job market. Innovation Infusion: SEZs act as hubs for innovation and technology. They’re like magnets for talent and cutting-edge ideas. Tax Benefits of SEZs in India: A Closer Look Now let’s talk turkey and get down to the nitty-gritty of the tax benefits offered by SEZs in India. As I often say, tax benefits are like cherries on the economic sundae – hard to resist and even harder to ignore! Indulge in the Income Tax Holiday SEZs in India enjoy a total income tax holiday for a period of 15 years. I know what you’re thinking – “Wait, really? A complete tax holiday?” Yes, you read it right! This tax holiday is provided under Section 10AA of the Income Tax Act, 1961, and is available to both developers and units operating in the SEZ. Here’s how it works: 100% tax exemption on export income for the first 5 years. 50% exemption for the next 5 years. For the following 5 years, 50% exemption on plowed back export profit. In the world of finance, this is what we call a slam dunk! GST Benefits? Yes, Please! India’s Goods and Services Tax (GST) regime also benefits SEZs greatly. Units in an SEZ are exempted from GST on procuring goods or services from the domestic market. Additionally, the supply of goods or services from an SEZ to the Domestic Tariff Area (DTA) is treated as imports under the GST laws, attracting Integrated GST (IGST). Dive into Duty-Free Imports SEZ units can import or procure from the domestic market, duty-free, all types of goods, including capital goods, raw materials, consumables, and more, for production, provided the goods are for the authorized operations approved by the authorities. A Boost with Minimum Alternate Tax (MAT) SEZ units can import or procure from the domestic market, duty-free, all types of goods, including capital goods, raw materials, consumables, and more, for production, provided the goods are for the authorized operations approved by the authorities. Wrapping Up The tax benefits provided to SEZs in India create a fertile ground for businesses to thrive and flourish. As they say, the proof of the pudding is in the eating. With SEZs, the Indian government has certainly cooked a delicious recipe for success! With each benefit, India’s SEZs are helping to write a new chapter in the country’s economic growth story. But remember, with great benefits come great responsibilities. It’s imperative for units operating within SEZs to ensure compliance with the necessary rules and regulations. As a practicing Chartered Accountant, I strongly urge businesses to use these benefits responsibly and as a stepping stone towards a prosperous future. After all, it’s not every day that you stumble upon a golden goose like the SEZs! Frequently Asked Questions Q1: What is the role of a Chartered Accountant in the context of SEZs? Chartered Accountants play an integral role in advising companies on the tax benefits, financial implications, and compliances associated with SEZs. Q2: Are there any potential drawbacks of SEZs? While SEZs provide numerous benefits, they may potentially result in income inequality, exploitation of resources, and can be prone to misuse. It’s essential to ensure ethical and sustainable practices within these zones. Q3: How are SEZs contributing to economic growth in developing countries? SEZs are accelerating economic growth in developing countries by attracting FDI, promoting export-oriented growth, and creating jobs. The SEZ division of the Department of Commerce aims to achieve the same. Conclusion Ultimately, it’s clear that SEZs are a potent force in today’s globalized economy. While they’re not without their challenges, the benefits they bring to the table are too significant to ignore. So, next time someone sez, “What’s the big deal about SEZs?” you’ll know exactly what to say! In the grand chessboard of economics, SEZs aren’t just pawns but knights and bishops, playing an integral role in the game. And remember folks, every cloud has a silver lining. The challenges SEZs face today can become stepping stones for more robust economic growth and development. As we charter our way forward, it’s essential to remember that the key to navigating the world. 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

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Valid Contract

Valid Contract

Introduction Contracts are the backbone of any business transaction, serving as the foundation for agreements and ensuring parties’ rights and obligations are clearly defined. Whether you’re engaging in a simple purchase or entering into a complex partnership, understanding the concept of a valid contract is essential. In this blog post, we will unravel the mysteries surrounding a “Valid Contract” and equip you with the knowledge to navigate the world of legal agreements with confidence. Requirements for a Valid Contract A valid contract is a legally binding agreement that is enforceable by law. For a contract to be considered valid, it must fulfill certain requirements, which we will explore below: Offer and Acceptance: The first step in the formation of a contract is the existence of a clear offer made by one party and accepted by another. The offer sets out the terms and conditions of the agreement, while the acceptance signifies the other party’s agreement to those terms. Remember, silence or inaction does not usually constitute acceptance. Intention to Create Legal Relations: For a contract to be valid, both parties must intend for it to be legally binding. Social or domestic agreements, such as casual discussions among friends, generally lack this intention. However, business transactions are typically presumed to possess this legal intent. Consideration: Consideration refers to the exchange of something of value between the parties involved. It could be money, goods, services, or even a promise to do or not do something. Consideration ensures that both parties have something at stake and adds validity to the contract. Capacity to Contract: To create a valid contract, all parties involved must have the legal capacity to enter into an agreement. Minors, individuals with a mental incapacity, or those under the influence of drugs or alcohol may lack the necessary capacity. Free Consent: Consent must be freely given by all parties without any undue influence, coercion, or fraud. A contract entered into under duress or through misrepresentation is not considered valid. Legality of the Object: The object of the contract must be lawful. Contracts involving illegal activities, such as selling prohibited substances, are void and unenforceable. Contract – An Outline To gain a better understanding of the structure of a contract, let’s outline its key components: Introduction: The contract begins with an introductory section that identifies the parties involved, their roles, and their intent to enter into a contractual agreement. Definitions: Contracts often include a definitions section, clarifying any terms or phrases that may be ambiguous to ensure a shared understanding between the parties. Subject Matter: This section of the contract describes the goods, services, or actions that the parties are agreeing to exchange. Terms and Conditions: The heart of the contract lies in this section, where the specific obligations, rights, and responsibilities of each party are laid out in detail. It may include delivery timelines, payment terms, dispute resolution mechanisms, and any other relevant provisions. Signatures and Date: A valid contract requires the signatures of all parties involved, along with the date of execution. This step signifies their agreement to the terms outlined in the contract. Formation of a Valid Contract The formation of a valid contract typically involves a series of steps, from the initial offer to the acceptance of the terms. Let’s break it down: Offer: The first party makes a clear offer to the second party, stating the terms and conditions of the agreement. It is crucial for the offer to be specific, definite, and communicated to the other party. Acceptance: The second party must express their acceptance of the offer, indicating their agreement to the terms outlined. Acceptance is generally communicated through words, actions, or sometimes even silence, depending on the circumstances. It is important to note that any changes or counteroffers made by the second party can be considered a rejection of the original offer. Consideration: Once the offer is accepted, consideration comes into play. Both parties must exchange something of value, which demonstrates their commitment to the contract. This exchange can be monetary or non-monetary, as long as it holds legal value. Intention to Create Legal Relations: For a contract to be valid, the parties involved must have the intention to create legal relations. In other words, they must understand and acknowledge that their agreement is legally binding and enforceable in a court of law. Contractual Capacity: All parties entering into a contract must have the legal capacity to do so. This means they must be of sound mind, not under the influence of drugs or alcohol, and not minors. If any party lacks contractual capacity, the contract may be considered void or voidable. Free Consent: Consent plays a vital role in contract formation. It implies that all parties voluntarily and willingly enter into the agreement without any form of coercion, fraud, or misrepresentation. If consent is obtained through improper means, the contract may be voidable. Legality of the Object: The object or purpose of the contract must be legal. Contracts involving illegal activities or going against public policy are considered void and unenforceable. It is essential to ensure that the contract’s objective complies with the law. Essentials of a Valid Contract To summarize the requirements mentioned earlier, let’s review the essentials of a valid contract: Offer and Acceptance: A clear and definite offer must be made, followed by the acceptance of the offer’s terms by the other party. Intention to Create Legal Relations: Both parties must intend for the contract to be legally binding and enforceable. Consideration: Something of value must be exchanged between the parties to demonstrate their commitment to the agreement. Capacity to Contract: All parties involved must have the legal capacity to enter into a contract. Free Consent: Consent must be given voluntarily, without any form of coercion, fraud, or misrepresentation. Legality of the Object: The purpose or object of the contract must be lawful. By ensuring these essentials are present, you can create a valid contract that protects the rights and obligations of all parties involved. FAQs about Valid

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Rail Vikas Nigam Limited (RVNL) granted Navratna Status

RVNL was incorporated as PSU on 24th January, 2003, with the twin objectives of implementation of projects relating to creation and augmentation of capacities of rail infrastructure on fast track basis and raising of extra budgetary resources for SPV projects. The company began its operation in 2005 with the appointment of Board of Directors. The company was granted Mini-Ratna status in September 2013. The authorized share capital of the company is Rs. 3000 Crore, with paid up share capital of Rs. 2085 crore. RVNL has been assigned the following functions: Undertaking project development and execution of works covering full project life cycle. Creating Project specific SPVs for individual works, if required. On completion of a Railway project by RVNL, the concerned Zonal Railway will undertake its operation and maintenance. The grant of “Navratna” status to RVNL leads to enhanced delegation of powers, more operational freedom and financial autonomy which will give huge impetus to RVNL’s progress, particularly so, when RVNL is extending its footprints in sectors beyond Railways and even in projects abroad.

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UPAJ A festival of Innovation in Arts

Startup20, Atal Innovation Mission, the Controller General of Patents, Designs, Trade Marks and the Pandit Jasraj Cultural Foundation launched “UPAJ: A festival of Innovation in Arts” On the occasion of World IP Day, Dr. Chintan Vaishnav, Chair Startup20, G20 along with Ms. Durga Jasraj founder of Pandit Jasraj Cultural Foundation launched the “UPAJ: A Festival of Innovations in Arts” on Tuesday, April 26th April 2023 in NITI Aayog, New Delhi. The event was a segment of the larger World IP Day celebration organized by the Office of the Controller General of Patents, Designs, and Trademarks. The inauguration began with the G20 Sherpa, Shri Amitabh Kant addressing the audience via a video message, saying “This work will inculcate the awareness of the importance of the IP and copyrights for India’s rich cultural heritage.” Simultaneously, Atal Innovation Mission, NITI Aayog hosted a panel discussion on the Importance and Challenges of Protecting Innovation in Performance Arts. Various stakeholders working in different areas that relate to this topic participated in the discussion, ranging from artists, innovators, Intellectual Property Rights experts, ecosystem builders, and policymakers. The discussion was moderated by Dr Chintan Vaishnav where the participants were: Ms. Durga Jasraj, Founder, Pandit Jasraj Cultural Foundation; Mr. Neeraj Jaitly, Founder, Pandit Jasraj Cultural Foundation; Maestro Niladri Kumar, Musician, Sitar and Zitar; Dr. Dinesh Patil, Deputy Controller of Patents and Designs and Head of Office (Technical); Dr. Prithpal Kaur Sidhu, Deputy Registrar of Trade Marks and G.I, Head – Copyrights Office, Delhi; Prof. Amogh Dev Rai, Executive Director, Sanrachna Foundation; and advocate Saveena Bedi Sachar, Founder and Managing Partner – Lawhive Associates. Speaking during the event Dr. Chintan said; “When it comes to Art and Culture, India is a powerhouse. The platform we have launched today is born with the intention of celebrating artistic expression and creating an ecosystem to support those who are innovating in the field of art. While introducing the festival he also pointed to the dichotomy where “at one level originality and creativity is existential for arts to exist, but at another level purity and authenticity is what we value of the art forms.” He said, “This field is evolving with time and experimentation, and like with other fields, arts is also transformed by technological evolution. A forum like this hopes to celebrate those people who are advancing the field with their innovations.” Speaking at the panel discussion Ms. Durga Jasraj expressed how “Innovation goes hand in hand with art. It is because of technology that artists across the lengths and breadths of the country are able to find their voice. Further digital forums play the crucial role of taking art to the masses.” Maestro Niladri Kumar, whose imagination gave birth to Zitar, also shared his views, “Intellectual Property Rights not only ensure that the originality of artists’ work is recognized, but also incentivize innovation in the industry by providing a legal framework for us artists to protect & profit from our work” Discussing the Intellectual Property angle, Dr. Dinesh Patil, Deputy Controller of Patents and Designs expressed that “Art is directly connected to copyrights if the artist wants to safeguard the art, and there are laws providing maximum protection”. The UPAJ festival is planned for the first week of July when the G20 Startup20 summit meeting is planned. About Atal Innovation Mission (AIM): AIM is the Government of India’s endeavor to promote a culture of innovation and entrepreneurship. Its objective is to serve as a platform for the promotion of world-class innovation hubs, grand challenges, start-up businesses, and other self-employment activities, particularly in technology-driven areas.

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