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Thursday, December 30, 2021
Pan mentioned in digital signature does not match income tax error
Sunday, November 28, 2021
CHARGE OF GIFT-TAX AND GIFTS SUBJECT TO SUCH CHARGE
Section - 3, Gift-Tax Act, 1958
CHAPTER II
CHARGE OF GIFT-TAX AND GIFTS SUBJECT TO SUCH CHARGE
Charge of gift-tax.
3. [(1)] Subject to the other provisions contained in this Act, there shall be charged for every [assessment] year commencing on and from the 1st day of April, 1958, [but before the 1st day of April, 1987,] a tax (hereinafter referred to as gift-tax) in respect of the gifts, if any, made by a person during the previous year (other than gifts made before the 1st day of April, 1957), at the rate or rates specified in [Schedule I].
THE GIFT-TAX ACT, 1958
Definitions.
2. In this Act, unless the context otherwise requires,—
(i ) [***]
[( ii) "Appellate Tribunal" means the Appellate Tribunal constituted under section 252 of the Income-tax Act;
Friday, November 19, 2021
WEALTH-TAX ACT, 1957
[27 OF 1957]
[AS AMENDED BY THE FINANCE ACT, 2013]
An Act to provide for the levy of wealth-tax
BE it enacted by Parliament in the Eighth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
Short title, extent and commencement .
1. (1) This Act may be called the Wealth-tax Act, 1957.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 1st day of April, 1957.
Sunday, November 7, 2021
COMPANIES ACT, 2013-Section 1
COMPANIES ACT, 2013
[18 OF 2013]
An Act to consolidate and amend the law relating to companies
BE it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Friday, November 5, 2021
Penalties under Goods and Services Tax-Offences and penalty
Penalties under GST
What does penalty mean?
The word “penalty” is not specifically defined in GST and so it takes the meaning from various judicial pronouncements and principles of jurisprudence.
A penalty is a punishment imposed by law for committing an offence or failing to do something that was the duty of a party to do.
A penalty can be both corporal or pecuniary, civil or criminal.
Both corporal (jail) and pecuniary (monetary) penalties are applicable under GST.
Thursday, October 21, 2021
Expenditure on eligible projects or schemes
35AC. (1) Where an assessee incurs any expenditure by way of payment of any sum to a public sector company or a local authority or to an association or institution approved23 by the National Committee for carrying out any eligible project or scheme, the assessee shall, subject to the provisions of this section, be allowed a deduction of the amount of such expenditure incurred during the previous year :
Expenditure for obtaining licence to operate telecommunication services.
35ABB. (1) In respect of any expenditure, being in the nature of capital expenditure, incurred for acquiring any right to operate telecommunication services either before the commencement of the business to operate telecommunication services or thereafter at any time during any previous year and for which payment has actually been made to obtain a licence, there shall, subject to and in accordance with the provisions of this section, be allowed for each of the relevant previous years, a deduction equal to the appropriate fraction of the amount of such expenditure.
Tuesday, October 12, 2021
Affixing DSC On pdf File
Using DSC Digital Signature Certificate comes in a USB dongle which is issued to all the DDOs in Haryana State. For online submission of pension revision case, DDOs has to attach his/her digital signature on the Annexure-2 / Annexure-3 (as the case may be) Step-1 Scan the Annexure-2/Annexure-3 of all the cases, you want to submit online to the office of the Principal Accountant General (A&E) Haryana, Chandigarh. Save all the scanned files on your computer. It is advisable that scanned file should be renamed according to the PPO number of the pensioner. A screen by screen user manual is prepared for your reference. In this example we will attach the digital signature on Annexure-2 of Sh. Rajinder Partap Chauhan (holder of PPO No. 133696-S/HR
How to apply din in india
Din Application procedure in India
DIN is a unique Director identification number allotted by the Central Government to any person intending to be a Director or an existing director of a company. In this article, we will discuss the concept of Director Identification Number (DIN) based on the following topics:
Meaning of Director Identification Number (DIN)
It is an 8-digit unique identification number that has lifetime validity. Through DIN, details of the directors are maintained in a database.
Rehabilitation allowance
33B. Where the business of any industrial undertaking carried on in India is discontinued in any previous year by reason of extensive damage to, or destruction of, any building, machinery, plant or furniture owned by the assessee and used for the purposes of such business as a direct result of—
(i) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature ; or
(ii) riot or civil disturbance ; or
Reserves for shipping business.
33AC. (1) In the case of an assessee, being a Government company or a public company formed and registered in India with the main object of carrying on the business of operation of ships, there shall, in accordance with and subject to the provisions of this section, be allowed a deduction of an amount not exceeding fifty per cent of profits derived from the business of operation of ships (computed under the head "Profits and gains of business or profession" and before making any deduction under this section), as is debited to the profit and loss account of the previous year in respect of which the deduction is to be allowed and credited to a reserve account, to be utilised in the manner laid down in sub-section (2) :
Site Restoration Fund
33ABA. (1) Where an assessee is carrying on business consisting of the prospecting for, or extraction or production of, petroleum or natural gas or both in India and in relation to which the Central Government has entered into an agreement with such assessee for such business, has before the end of the previous year—
Friday, October 8, 2021
ESIC Return monthly filling process and procedures
Registration and Filing of Returns
An employer who is eligible to be registered as per the Employee State Insurance Act 1948 (“Act”) must do so by abiding by the following steps:An employer needs to keep all documents ready for reference.
Next, an employer must file Form 1, which is available in PDF format on the ESIC website. ESIC will verify all the details and issue a 17 digit unique number. This unique number is required for all filings.
User Manual for Filing the Monthly Contribution and Payment of dUES
Thursday, September 30, 2021
Tea development account, coffee development account and rubber development account-Section - 33AB, Income-tax Act, 1961
Tea development account, coffee development account and rubber development account.
33AB. (1) Where an assessee carrying on business of growing and manufacturing tea or coffee or rubber in India has, before the expiry of six months from the end of the previous year or before the due date of furnishing the return of his income, whichever is earlier,—
(a) deposited with the National Bank any amount or amounts in an account (hereafter in this section referred to as the special account) maintained by the assessee with that Bank in accordance with, and for the purposes specified in, a scheme (hereafter in this section referred to as the scheme) approved in this behalf by the Tea Board or the Coffee Board or the Rubber Board ; or
Tuesday, September 28, 2021
RATES OF INCOME-TAX under income tax act
RATES OF INCOME-TAX
Income-tax.
2. (1) Subject to the provisions of sub-sections (2) and (3), for the assessment year commencing on the 1st day of April, 2021, income-tax shall be charged at the rates specified in Part I of the First Schedule and such tax shall be increased by a surcharge, for the purposes of the Union, calculated in each case in the manner provided therein.
Depreciation.-Section - 32, Income-tax Act, 1961-2021
Depreciation.
32. (1) In respect of depreciation of—
(i) buildings, machinery, plant or furniture, being tangible assets;
(ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1st day of April, 1998, 84[not being goodwill of a business or profession,]
Monday, September 27, 2021
Section - 31, Income-tax Act, 1961-2021
Repairs and insurance of machinery, plant and furniture.
31. In respect of repairs and insurance of machinery, plant or furniture used for the purposes of the business or profession, the following deductions shall be allowed—
(i) the amount paid on account of current repairs thereto ;
(ii) the amount of any premium paid in respect of insurance against risk of damage or destruction thereof.
Explanation.—For the removal of doubts, it is hereby declared that the amount paid on account of current repairs shall not include any expenditure in the nature of capital expenditure.
Section - 30, Income-tax Act, 1961-2021
Rent, rates, taxes, repairs and insurance for buildings.
30. In respect of rent, rates, taxes, repairs and insurance for premises, used for the purposes of the business or profession, the following deductions shall be allowed—
(a) where the premises are occupied by the assessee—
(i) as a tenant, the rent paid for such premises ; and further if he has undertaken to bear the cost of repairs to the premises, the amount paid on account of such repairs ;
(ii) otherwise than as a tenant, the amount paid by him on account of current repairs to the premises ;
(b) any sums paid on account of land revenue, local rates or municipal taxes ;
(c) the amount of any premium paid in respect of insurance against risk of damage or destruction of the premises.
Explanation.—For the removal of doubts, it is hereby declared that the amount paid on account of the cost of repairs referred to in sub-clause (i), and the amount paid on account of current repairs referred to in sub-clause (ii), of clause (a), shall not include any expenditure in the nature of capital expenditure.
Sunday, September 19, 2021
How to solve emsigner error on google or chrome in 2021?
when we try to apply dsc over google or chrome we face error from emsigner that it should restarted or version old then you should follow these steps to avoid the same error.
Wednesday, September 15, 2021
How to check GST registration status –new registration
How to
check GST registration status –new registration
-Go to
website www.gst.gov.in
-go to
registration tab under services tab on main menu
Tuesday, September 14, 2021
GST RETURN FILLING PROCEDURE AND RULES AND FORMATS-GSTR 1/ GSTR 2/ GSTR 2B/ GSTR 2A / GSTR 3
GST RETURN FILLING PROCEDURE AND RULES AND FORMATS
GSTR-1
Latest Updates on GSTR-1
29th August 2021
Company taxpayers can continue filing GSTR-1 and GSTR-3B using EVC or DSC up to
31st October 2021 via the CGST notification number 32/2021 dated 29th August
2021.
26th August 2021
From 1st September 2021, taxpayers will not be able to file GSTR-1 or use the
IFF for August 2021 on the GST portal if they have pending GSTR-3B filings. It
applies if GSTR-3B is pending for the past two months till July 2021 (monthly
filer) or for the last quarter ending 30th June 2021 (quarterly filer) as per
CGST Rule 59(6).
28th May 2021
The GST Council recommended in its 43rd meeting the
following:
(1) The monthly filing of GSTR-1 for May 2021 will be extended from 11th June
2021 to 26th June 2021.
(2) Filing of B2B sales invoices in IFF by QRMP taxpayers for May 2021 is
extended from 13th June 2021 to 28th June 2021.
(3) Companies that are GST taxpayers have been given permission to authenticate
returns using EVC instead of digital signature up to 31st August 2021.
Monday, September 13, 2021
View notices/orders and File Reply to the Issued Notice
View notices/orders and File Reply to the Issued Notice
General
1. How can I view my saved/filed application, track it's status and view associated notices and orders for refund applications filed before or after 26th September 2019?
Sunday, September 12, 2021
FORM NO. 9 -Application for grant of approval or continuance thereof to a fund under section10(23AAA) of the Income-tax Act, 1961
FORM NO. 9
[See rule 16C]
Thursday, September 9, 2021
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22
CBDT extends due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22
On consideration of difficulties reported by the taxpayers and other stakeholders in filing of Income Tax Returns and various reports of audit for the Assessment Year 2021- 22 under the Income-tax Act, 1961(the “Act”), Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22. The details are as under:
e-Filing of ITR
e-Filing of ITR
The user can file the Income Tax Return (ITR) in two ways:
1. Offline: Download the applicable ITR, fill the form offline, save the generated XML file and then upload it.
To e-File the ITR using the upload XML method, the user must download either of the following ITR utility:
Excel Utility
Java Utility
General FAQs
General FAQs
What is Income tax
It is a tax levied by the Government of India on the income of every person. The provisions governing the Income-tax are covered in the Income-tax Act, 1961.
Tuesday, September 7, 2021
FAQs On PDF Conversion
FAQs On PDF Conversion
1
What is the file size restriction for Annual Filing eForm Uploads?
The system does not allow file size of more than 2.5 MB for uploading of eforms, which means that the total size of the eForm including the attachments should be less than 2.5 MB. If it exceeds this size, the Form will not be accepted by the system.
ATM rules 2021: Cash withdrawal, transaction charges
ATM rules 2021: Cash withdrawal, transaction charges
The Reserve Bank of India had recently announced a couple of changes in the ATM rules. While these rules are in line with the long pressing demands by the payment services, banks and white label ATM operators for customers it also means a little more burden on their pocket.
Sunday, September 5, 2021
Trademark Rectification
What Is Trademark Rectification?
Rectification means to rectify any mistake or error. The same facility is available under trademark registration. As per the title, it indicated that if an error occurred while applying for the trademark registration or after the registration of the mark, the applicant could apply for its rectification. However, this facility not only includes correction or an error but also contains the changes or alterations which the applicant independently wants to make in the trademark application or after getting the certification of registration.
Friday, September 3, 2021
Response to Trademark Objections
Response to Trademark Objections
Checklist For A Trademark Objection
The Trademark Examiner scrutinizes the trademark application
to make sure the application isn’t in conflict with any trademark rules. A
trademark application can face objection for any of the following reasons:
Challans- under INCOME TAX
CHALLANS
ITNS-280
* Important : Please see notes overleaf before filling up the
challan Single Copy (to be sent to the ZAO) CHALLAN Tax Applicable (Tick One)*
NO./ (0020) INCOME-TAX ON COMPANIES
Tuesday, August 31, 2021
ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, ITR 7, ITR 8
ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6, ITR 7, ITR 8
ITR 8
ITR 8
This return is required to furnish those persons who is required to furnish fringe benefits returns.
Monday, August 30, 2021
298, Income-tax Act, 1961-2021
Section - 298, Income-tax Act, 1961-2021
Power to remove difficulties.
298. (1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by general or special order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
RECOGNISED PROVIDENT FUND
THE FOURTH SCHEDULE
PART A
RECOGNISED PROVIDENT FUNDS
[See sections 2(38), 10(12), 10(25), 36(1)(iv), 4687(1)(d), 111, 192(4)]
ITR-7 Form
ITR-7 Form
A comprehensive guide to understanding the ITR-7 Form
Thursday, August 26, 2021
Refund Tracking Under Income Tax Act
Refund Tracking Under Income Tax Act
ABOUT REFUND BANKER
Rates for tax deduction at source
Rates for tax deduction
at source
[For Assessment year
2022-23]
Tax Rates
Tax Rates
1.1. In case of an Individual (resident or non-resident) or HUF or Association of Person or Body of Individual or any other artificial juridical person
COST INFLATION INDEX
NOTIFIED COST INFLATION INDEX UNDER SECTION 48, EXPLANATION (V)
As per Notification No. So 3266(E) [No. 63/2019 (F.No. 370142/11/2019-TPL)], Dated 12-9-2019, following table should be used for the Cost Inflation Index :-
Wednesday, August 25, 2021
How to Start Investing in Stocks: A Beginner's Guide
How to Start Investing in Stocks: A Beginner's Guide
Investing is a way to set aside money while you are busy with life and have that money work for you so that you can fully reap the rewards of your labor in the future. Investing is a means to a happier ending. Legendary investor Warren Buffett defines investing as "…the process of laying out money now to receive more money in the future."1 The goal of investing is to put your money to work in one or more types of investment vehicles in the hopes of growing your money over time.
How can I check my CIBIL score instantly?Is 750 a good CIBIL score?
How can I check my CIBIL score instantly?
- Enter your personal details. Ensure it matches your ID proofs.
- Verify your identity. Confirm the OTP sent to your mobile number and email ID.
- View your CIBIL report. Check out the best loan offers customized for you.
Highway driving tips
Highway driving tips
Parallel street lights in symmetry through the windscreen, vast lands stretched along the roads present a romantic dance of natural wonders and interesting sights. Car driving out of your city and visiting new places adds a great amount of diverse experience in the way of life. Road Trips have always been a great way for people to get out of the monotony of life and paint their own picture of reality. Following some highway driving tips will add colors to your journey.
How to Drive a Car – Manual & Automatic
How to Drive a Car – Manual & Automatic
How to Drive a Car – Manual & Automatic
First things first, you need to make sure that you are comfortable behind the wheel of the car you plan to drive. Therefore, once you are in the driving seat, adjust it as per your height and comfort. Next, adjust the mirrors, both the inside unit and the ones on the outside. Being comfortably seated would help you keep your calm when you start driving for the first time.
Learning License Renewal Delhi – Online & Offline Procedure
Learning License Renewal Delhi – Online & Offline Procedure
Learning License Renewal Delhi – Online & Offline Procedure
Delhi is one of the fastest moving cities in India with thousands of career-driven people calling it their home every year. Many people in Delhi choose to drive their own vehicles rather than depend on public transport because of the unbearable crowds.
How to Renew Driving Licence in Delhi?
How to Renew Driving Licence in Delhi?
Living in an extremely busy city like Delhi, there is an urgency to get from point A to point B quickly. This is where transportation comes in and while public transportation can be difficult to depend on, it is easier to rely on your own vehicles. But, before anything else, you need to have a valid driving license to take to the Delhi roads. So, what is the procedure of getting a driving license renewed in Delhi?
What is the full form of RTO? – Regional Transport Office
What is the full form of RTO? – Regional Transport Office
The Motor Vehicle Department was put in existence under section 213(1) of the Motor Vehicles Act, 1988. The MVA, as it’s also known, is a central act that is enforced across the country. This department is responsible for making sure all the provisions under this act are enforced accordingly. It’s headed by the Transport Commissioner, who heads the RTO (Regional Transport Office) of every city. The RTO’s job is to make sure all the functions laid out by the Motor Vehicles Act, 1988 are carried out properly.
Driving Licence Status Online – DL Application Status
Driving Licence Status Online – DL Application Status
Acquiring a driving licence in India might be a simple procedure today, but there are some rules and regulations that need to be followed. For starters, applicants need to fill up the required forms and submit the documents requested by the RTO.
Driving Licence (DL) Online Form
Driving Licence (DL) Online Form
Anyone wishing to drive a vehicle of any kind, i.e. motorbike, scooter, car, bus, or truck, is required to have a valid driving licence first. The Motor Vehicles Act of 1988 has made it compulsory for anyone driving a motorised vehicle to have a driving licence on them at all times. While it used to be a daunting task to apply and get a driving licence before, the government along with the RTO’s across the country have made it a lot easier today.
Tuesday, August 24, 2021
RTO (Regional Transport Office) & Driving License Forms Online
RTO (Regional Transport Office) & Driving License Forms Online
RTO or Regional Transport Office is essentially a bureau of the central government that maintains a database of drivers and vehicles. There are at least four major functions of the RTO, which include-
New Motor Vehicle Act 2019
New Motor Vehicle Act 2019
The new Motor Vehicle Act 2019 or the Motor Vehicle (Amendment) Act 2019 was implemented in September last year. With the introduction of the new act, several traffic fines have increased substantially and it is believed that the stricter penalties will no help the authorities curb the menace of road accidents caused due to negligent driving.
Smart Card Driving Licence
Smart Card Driving Licence
With everything around us moving forward, the days of driving license books have come to an end. The Smart Card Driving License has slowly, but surely, been replacing the paper version of the document and is one of the best ways to carry around your driving license. These Smart Cards are durable, compact, and hold all the information about the driver in a microprocessor built into the card itself.
Commercial Driving Licence (CDL)
Commercial Driving Licence (CDL)
The Commercial Vehicle (CV) industry is widespread and has a turnover of multi-billion rupees. It’s also a lucrative business for many. Be it a businessman who owns a transport company with a fleet of trucks or an individual that own a commercial vehicle, it’s necessary to ensure that the driver who is hired to drive the CV holds a commercial driving licence (CDL). In this post, we tell you the process and documents required for obtaining a commercial DL in India.
Driving Licence Delhi – Driving Licence Online & Offline Apply in Delhi
Driving Licence Delhi – Driving Licence Online & Offline Apply in Delhi
Monday, August 23, 2021
e-Form Submission : Apply Online (Normal/Tatkaal) - Passport
e-Form Submission : Apply Online (Normal/Tatkaal) - Passport
Online Form Submission
Steps to Apply for Background Verification of GEP. - Passport
Steps to Apply for Background Verification of GEP. - Passport
Online form Submission Abroad (If the applicant is NOT presently living in India)
How to apply Passport in india
How to apply Passport in India
India: How To Register A Copyright
India: How To Register A Copyright
Under Section 48 of Copyrights Act, registration of a Copyright shows that it is prima facie valid. This is a rebuttable presumption and it can be proved otherwise. However, the burden to show invalidity of the registration rests on the person asserting it. Unlike Trade Mark not all countries have a system for registration of a Copyright Work. Therefore, content creators and owners should make optimal use the system.
Steps To Be Taken To Incorporate A New Company
Steps To Be Taken To Incorporate A New Company
Steps to be taken to get a new company incorporated:
JSON
JSON - Overview
JSON or JavaScript Object Notation is a lightweight text-based open standard designed for human-readable data interchange. Conventions used by JSON are known to programmers, which include C, C++, Java, Python, Perl, etc.
How to create a JSON file?
Saturday, August 21, 2021
When Can You Send a Legal Notice for Defamation?
When Can You Send a Legal Notice for Defamation?
Usually, in India, you can send a legal notice for defamation mainly in two scenarios. So, when one, or more than one person, tarnish/diminish the reputation of an individual or an institution by:
How To File Defamation Case in India | Defamation Suit
What Is Defamation?
Defamation is defined as an act of harming one’s reputation in an oral or written statement. The term “reputation” is referred to as an integral and important part of an individual’s dignity. Defamation can be done verbally as well as in a written format. The Constitution of India has introduced defamation laws to protect the reputation of an individual. The objective of this law is to maintain the rights of an individual to their reputation, freedom of speech and expression.
Friday, August 20, 2021
ITR-3 Form – What is ITR3 & How to file ITR-3
ITR-3 Form – What is ITR3 & How to file ITR-3
Union Budget 2021 Outcome:
The threshold limit of tax audit for businesses is extended from Rs. 5 crores
to Rs. 10 crore w.e.f. A.Y. 2021-22 where digital transactions are not less
than 95 per cent of total transactions.
How To Register DSC On New Income Tax Portal? A Step-by-step Process
How To Register DSC On New Income Tax Portal? A Step-by-step Process
Steps to register DSC on new IT portal
- Step 1 - Taxpayers will have to visit the official website of the e-filing portal - www.incometax.gov.in
Register Digital Signature Certificate User Manual
Register Digital Signature Certificate User Manual
The Register Digital Signature Certificate (DSC) service is available to all registered users of the e-Filing portal. This service enables registered users to perform the following:
Register DSC
Thursday, August 19, 2021
E-filing 2.0: A step-by-step guide to re-register digital signature certificate on new e-filing portal
E-filing 2.0: A step-by-step guide to re-register digital signature certificate on new e-filing portal
How to re-register digital signature certificate on new e-filing portal
Step 1: Visit the new e-filing portal www.incometax.gov.in.
Register Digital Signature Certificate/How to Register Digital Signature Certificate on New Income Tax Portal
Register Digital Signature Certificate/How to Register Digital Signature Certificate on New Income Tax Portal
DSC Registration in new Income Tax portal
DSC Registration in new Income Tax portal
New Income Tax portal was launched on 07th June 2021, now we are required to register Digital Signature Certificate (DSC) in new portal even though it was registered earlier.
Trademark Classes
Trademark Classes
Trademark Classes categorize various products and services which can be registered as a Trademark. Classes 1 – 34 define products while Classes 35-45 define the services.
Wednesday, August 18, 2021
Threshold Limit for Tax Audit increased to Rs. 5 crore [Applicable from Assessment Year 2021-22]
Threshold Limit for Tax Audit increased to Rs. 5 crore [Applicable from Assessment Year 2021-22] |
Every person carrying on business and maintaining books of account is required to get them audited from a Chartered Accountant if total sales, turnover or gross receipt from business during the previous year exceeds Rs. 1 crore. |
Tuesday, August 17, 2021
Theft
Section 378 in The Indian Penal Code
378. Theft.—Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
How to Register a Copyright
Step-by-Step Guide: How to Register a Copyright
Formal registration of a copyright is not required to receive protection under U.S. law, since an author is entitled to copyright protection from the moment of the creation of a work in a tangible format.
Copyright
What kind of work can be registered using a copyright?
In India, copyright can be taken for original works that fall in the area of:
Musical works,
ESIC HELPLINE NUMBERS
ESIC HELPLINE NUMBERS
- For Information Technology (IT) related Issues/Queries, Employers/IPs may please Mail to :: ITCare[at]esic[dot]nic[dot]in or Call at: 011-27552237
VAKALATNAMA
VAKALATNAMA
As per Advance Law Lexicon Vakalatnama includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or other authority.
Process of filling an appeal before NCLT?
What needs to know about the process of filling an appeal before NCLT?
- MCA has issued 3 notifications dated 01 June 2016 for setting up of National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) as well as notifying various sections of the Companies Act 2013.
Procedure for Filing an Appeal before the Tribunal (NCLT)
Procedure for Filing an Appeal before the Tribunal (NCLT)
Let’s start with- what is NCLT?
How to File a Patent-USA
How to File a Patent-USA
1. Search the United States Patent and Trademark Office. Before you invest another dollar or minute of your time, use this search engine to make sure your idea hasn't already been patented. Make sure your idea is something you can patent using this resource from the USPTO.
How to File Patents-INDIA
How to File Patents-INDIA
Intellectual property is an intangible asset – one that can bestow the world with an invention that can make life simple and also contribute to the inventor or his company’s fiscal growth. An Intellectual property brings with it a whole lot of benefits. It can turn an idea into a profit making asset, enhance the market value of a business and even help raise finances. Various inventions such as solar power trees, solar water purifiers, cane-based prosthetic limbs and self-repairing roads have all been credited to Indian investors. These inventions have truly changed the world.
Sunday, August 15, 2021
How to file a Trademark
How to file a Trademark
What is a Trademark?
A trademark is synonymous to the brand name. It can be a name, logo, device, symbol or a word which is used to represent products or services of a business entity.
OPEN WORK PERMIT FOR VULNERABLE WORKERS
Profits and gains of business or profession
Profits and gains of business or profession
Profits and gains of business or profession.
28. The following income shall be chargeable to income-tax under the head "Profits and gains of business or profession",—
"Owner of house property",
Section - 27, Income-tax Act, 1961-2021
27. For the purposes of sections 22 to 26—
(i) an individual who transfers otherwise than for adequate consideration any house property to his or her spouse, not being a transfer in connection with an agreement to live apart, or to a minor child not being a married daughter, shall be deemed to be the owner of the house property so transferred;
Property owned by co-owners.
ection - 26, Income-tax Act, 1961-2021
26. Where property consisting of buildings or buildings and lands appurtenant thereto is owned by two or more persons and their respective shares are definite and ascertainable, such persons shall not in respect of such property be assessed as an association of persons, but the share of each such person in the income from the property as computed in accordance with sections 22 to 25 shall be included in his total income.
Saturday, August 14, 2021
Special provision for arrears of rent and unrealised rent received subsequently.
Special provision for arrears of rent and unrealised rent received subsequently.
25A. (1) The amount of arrears of rent received from a tenant or the unrealised rent realised subsequently from a tenant, as the case may be, by an assessee shall be deemed to be the income from house property in respect of the financial year in which such rent is received or realised, and shall be included in the total income of the assessee under the head "Income from house property", whether the assessee is the owner of the property or not in that financial year.
(2) A sum equal to thirty per cent of the arrears of rent or the unrealised rent referred to in sub-section (1) shall be allowed as deduction.
Amounts not deductible from income from house property.
Amounts not deductible from income from house property.
25. Notwithstanding anything contained in section 24, any interest chargeable under this Act which is payable outside India (not being interest on a loan issued for public subscription before the 1st day of April, 1938), on which tax has not been paid or deducted under Chapter XVII-B and in respect of which there is no person in India who may be treated as an agent under section 163 shall not be deducted in computing the income chargeable under the head "Income from house property".
Deductions from income from house property.
Section - 24, Income-tax Act, 1961-2021
24. Income chargeable under the head "Income from house property" shall be computed after making the following deductions, namely:—
Thursday, August 12, 2021
Annual value how determined.
Annual value how determined.
23. (1) For the purposes of section 22, the annual value of any property shall be deemed to be—
(a) the sum for which the property might reasonably be expected to let from year to year; or
(b) where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable; or
"Salary", "perquisite" and "profits in lieu of salary"
Section - 17, Income-tax Act, 1961-2021
"Salary", "perquisite" and "profits in lieu of salary" defined.
17. For the purposes of sections 15 and 16 and of this section,—
(1) "salary" includes—
Know Your Ethics-CA
Know Your Ethics
Whether a member not in practice can use any other description?
A member not in practice may use, as per the provisions of Section 7 of the Chartered Accountants Act, 1949, the designation of “chartered accountant”. However, if he chooses to use the designation of “chartered accountant”, he shall not use any other description, whether in addition, or in substitution thereof. However, such a member is not prohibited from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other Institute of accountancy, whether in India or elsewhere, as may be recognised in this behalf by the Council, or any other qualification that he may possess.
Wednesday, August 11, 2021
GSTR-8 : Return Filing, Format, Eligibility
GSTR-8 : Return Filing, Format, Eligibility
GSTR-8 is a monthly return to be filed by e-commerce operators registered under the GST. In this article, we will discuss the following.
GSTR 7: Return Filing, Format, Eligibility
GSTR 7: Return Filing, Format, Eligibility
Every registered taxable person who is required to deduct tax at source under GST shall furnish a return in FORM GSTR-7 by 10th of next month.
RBI Working Paper No. 4/2021: Does Offshore NDF Market Influence Onshore Forex Market? Evidence from India
RBI Working Paper No. 4/2021: Does Offshore NDF Market Influence Onshore Forex Market? Evidence from India |
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Tuesday, August 10, 2021
Creation/ Setting up of Company in Tally.ERP 9
Creation/ Setting up of Company in Tally.ERP 9
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All FAQs On E-Filing
To view the step-by-step instructions on using the MCA services, refer the Help on using the MCA Portal
Current News under TRADEMARK
Current News under TRADEMARK
February 28, 2019
Shortlisted Candidates for Interview for Examiners of Trademarks (On Contract Basis)- refer to vacancy announcement
FAQs On Refund Process
FAQs On Refund Process
The user is required to make various payments to avail MCA21 services. A number of instances have been observed where the users make multiple payments or incorrect payment or excess payment while using these services. In order to allow the stakeholders to claim refund of such payments, refund process has been introduced by MCA.Click here to view Approved Refund Process (1561KB)
Design under the Designs Act, 2000?
What is meant by ‘Design’ under the Designs Act, 2000?
A:
‘Design’ means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye, but does not include any mode or principle or construction or anything which is in substance a mere mechanical device, and does not include any trade mark, as define in clause (v) of sub-section of Section 2 of the Trade and Merchandise Marks Act, 1958, property mark or artistic works as defined under Section 2(c) of the Copyright Act, 1957.
Monday, August 9, 2021
Deductions from salaries.
Deductions from salaries.
16. The income chargeable under the head "Salaries" shall be computed after making the following deductions, namely :—
Salaries
Salaries
Salaries.
15. The following income shall be chargeable to
income-tax under the head "Salaries"—
Help On File Formats
Help On File Formats
Viewing Information for Various File Formats
This website includes some
content that is available in non-HTML format. They might not be visible
properly if your browser does not have the required plug-ins.
For example, Acrobat Reader software is required to view Adobe Acrobat PDF
files. If you do not have this software installed on your computer, you can
download it for free. The following table lists some plug-ins that you will
require.
FAQs On Cancel SRN Due To Unsuccessful Payment
FAQs On Cancel SRN Due To Unsuccessful Payment
1
You can cancel your SRN if
following two conditions are met:
1. In case payment of the uploaded eform was unsuccessful for technical reason
and no option is available for making such payment again, then cancel your G
and E series SRN.
2. If your account is not debited.
1. Login to the MCA21
application.
2. Click the MCA Services tab. The list of MCA Services is displayed.
3. Click the SRN / Transaction Status menu. The Track SRN Status page
is displayed.
4. In the SRN field, enter the SRN to be cancelled and click Submit.
The SRN details are displayed.
5. Click the Cancel SRN link available for the SRN. The Track SRN
page will be displayed with SRN filled in the SRN field.
Note: You can only cancel your SRNs that have G or E as prefix. These SRNs
are for eForms/ services and stamp duty payment. The Cancel SRN link is
displayed only when SRN status is Not Paid or Pending for
Payment.
3
I want to cancel my SRN but I do not see the cancel SRN link for my SRN.
You can only cancel your SRNs that have G or E as prefix. These SRNs are for eForms/ services and stamp duty payment. The Cancel SRN link is displayed only when SRN status is Not Paid or Pending for Payment.
You can cancel the SRN for the filings done by your user id only.
Steps To Register A LLP
Steps To Register A LLP
1
Do you want to start an Indian LLP?
To register a Indian LLP, you need to first apply for a Designated Partner Identification Number (DPIN), which can be done by filing eForm for acquiring the DIN or DPIN. You would then need to acquire your Digital Signature Certificate and register the same on the portal. Thereafter, you need to get the LLP name approved by the Ministry. Once the LLP name is approved, you can register the LLP by filing the incorporation form.
Step 1 : Application for DIN or DPIN
All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN)”. You need to file eForm DIR-3 in order to obtain DIN or DPIN. In case you already have a DIN (Director Identification Number), the same can be used as a DPIN.
Step 2 : Acquire/ Register DSC
The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the LLP(s) are required to be filed with the use of Digital Signatures by the person authorised to sign the documents.
Acquire DSC -A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.
Register DSC - Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with LLP application. To know about it click Register a DSC
Step 3 : New User Registration
To file an eForm or to avail any paid service on LLP portal; you are first required to register yourself as a user in the relevant user category, such as registered and business user. To register now click New User Registration
Step 4 : Incorporate a LLP
Apply for the name of the LLP to be registered by filing Form 1 [zip](208KB) (Application for reservation or change of name) for the same. After that depending upon the proposed LLP, file required incorporation Form 2 [zip](681 KB) ( Incorporation document and Subscriber’s statement)
Once the form has been approved by the concerned official of the Ministry, you will receive an email regarding the same and the status of the form will get changed to Approved. To know more about e-Filing process click "All About e-Filing"
Step 5 : File LLP Agreement
After incorporation of LLP, an initial LLP agreement is to be filed within 30 days of incorporation of LLP. The user has to file the information in Form 3 ( Information with regard to Limited Liability Partnership Agreement and changes, if any, made therein).
80G Registration
Introduction
A NGO can avail income tax exemption by getting itself registered and complying with certain other formalities, but such registration does not provide any benefit to the persons making donations. The Income Tax Act has certain provisions, which offer tax benefits to the "donors". All NGO's should avail the advantage of these provisions to attract potential donors. Section 80G is one of such sections.
Procedure
If an NGO gets itself registered
under section 80G then the person or the organisation making a donation to the
NGO will get a deduction of 50% from his/its taxable income.
Earlier registration under 80G was given as one-time registration unless any
specific restrictions are provided in the registration certificate itself but
Finance Act 2020 has made some substantial changes in registration process and
period for which approval will be given.
New Registrations
An application for fresh registration under section 80G will be given to Principal Commissioner or Commissioner. A provisional registration for 3 years will be given to organisations. The registration once granted shall be valid for three years from the Assessment Year from which the registration is sought. Application for renewal of such new registration needs to be submitted
- at least six
months prior to the expiry of validity period or
- within 6 months from commencement if activities,
whichever is earlier.
The provisional registration so granted shall be valid for a period of 3 years
and hence needs to be renewed at the end of the above mentioned timelines. The
registration so renewed shall be valid only for 5 years and needs to be renewed
at the end of each 5 years.
Existing Registration- Validation & Re approvals
Earlier the approval u/s 80G was valid for perpetuity. The Finance Act 2020 provides that all the existing 80G approvals needs to be revalidated and the application for the same should be submitted within three months from 1st April 2021 i.e. on or before 30th June, 2021. As per amended provisions, the revalidation of registrations will be valid for a period of 5 years and thereafter approval for 80G has to be again applied for at least 6 months prior to the expiry of the registration.
Forms and Timelines
Category |
Forms |
Timeline to make application |
Trusts already approved/registered and their approval/registration is continuing an on 01-04-2021. |
10A
|
On or before 31-08-2021 |
Trusts making application for provisional registration/approval |
10A
|
1 month before the commencement |
Conversion of provisional registration into regular registration |
10AB |
At least 6 months before the expiry or within 6 months of commencement of its activities, whichever is earlier |
Renewal of registration/approval after five year said registration period. |
10AB |
At least 6 months prior to expiry of the said registration period |
Procedure for registration
a) Log on to
the E-filing portal of IT department vide
https://www.incometaxindiaefiling.gov.in/home
b) Go to “Income Tax Forms” under e-File tab.
c) Select the Form Name as “Form 10A” and relevant Assessment
Year from the drop down list.
d) Select the option of “Prepare and Submit Online” in
submission mode.
e) Fill in the details as required in the form and attach the
required and applicable attachments.
f) Submit the form using digital signatures or EVC as
required while return filing.
Documents required to be filled with form 10A/ 10AB
a)
Self-certified copy of incorporation document of Trust/Societies (created
under instrument or otherwise)
b) self-certified copy of registration with Registrar of
Companies or Registrar of Firms and Societies or Registrar of Public Trusts, as
the case may be;
c) self-certified copy of FCRA registration, if the applicant
is registered under such Act;
d) self-certified copy of existing order granting approval
under clause (23C) of section 10;
e) In case of existing entities, copies of annual accounts
for the period not exceeding 3 years immediately preceding the year in which
the application is made
f) Where the income of the entity includes profits and gains
of business as per the provisions of sub-section (4A) of section 11, copies of
annual accounts and audit report u/s 44AB for 3 years immediately preceding the
year in which the said application is made
g) Details of activities since its inception or last three
years whichever is less.
Conditions to be fulfilled under Section 80G
For approval under Section 80G
the following conditions are to be fulfilled :
a) The NGO should not have any income which are not exempted,
such as business income. If, the NGO has business income then it should
maintain separate books of accounts and should not divert donations received
for the purpose of such business.
b) the bylaws or objectives of the NGOs should not contain
any provision for spending the income or assets of the NGO for purposes other
than charitable.
c) the NGO is not working for the benefit of particular
religious’ community or caste.
d) the NGO maintains regular accounts of its receipts &
expenditures.
e) the NGO is properly registered under the Societies
Registration Act 1860 or under any law corresponding to that act or is
registered under section 8 of the Companies Act 2013.
Mandatory Requirement of Darpan Id
The organisations applying for
registration/ revalidation as per the amended provisions of section 80G, is
mandatorily required to give the details of its Registration number with Darpan
portal of Niti Aayog
This is also mandatory in the situation where the applicant organisation
receives or intends to receive any grantor assistance from either the Central
Government or state Government.
Issuance of Certificate
On receipt of the application under 10A, the PCIT or CIT shall pass an order in writing granting approval in Form No. 10AC and issue a sixteen-digit alphanumeric Unique Registration Number (URN) to the applicants. The PCIT/ CIT is also entitled to demand further documents from the applicant if the need for the same is felt, or may reject the application after giving an opportunity of being heard. The rejection order will also be passed in Form No. 10ACThe registration accorded to the NGO will be valid as per the new provisions of act amended through Finance Act 2020.
On receipt of application under
10AB, the order of registration or rejection or cancellation of registration
shall be in Form No. 10AD and in case if the registration is granted,
sixteen-digit alphanumeric number URN shall be issued by the PCIT or CIT. In
this case also, PCIT/ CIT is entitled to demand further documents from the
applicant to satisfy himself about the genuineness of activities of the trust
or institution and the compliance of such requirements of any other law for the
time being in force by the trust or institution as are material to achieve its
objects.
To summarize the above, we can say that the timelines to issue order to grant
registration/provisional registration/revalidation of existing registrations
are as follows:
Category of entity |
Time limit for filing application for registration |
Time limit for passing order |
For existing 80G registered entities |
Within 3 months from 1st April, 2021 i.e. up to 31st August, 2021 |
Within 3 months from the end of the month in which the application is received |
In any other case (including fresh provisional registration) |
Atleast 1 month before commencement of the previous year relevant to assessment year from which the said registration is sought |
Within 1 month from the end of the month in which the application is received |
Trusts or institutions which are registered under new provisions of section 80G and the period of the said registration is due to expire |
Atleast 6 months before the expiry of the said period |
Within 6 months from the end of the month in which the application was received |
Trusts opting for provisional to final registration for 5 years |
Atleast 6 months before the expiry of the provisional registration or within 6 months of commencement of its activities, whichever is earlier |
Within 6 months from the end of the month in which the application was received |
Extent of benefit
There is ceiling limit up to which the benefit is allowable to the donor. If the amount of deduction to a charitable organisation or trust is more than 10% of the Gross Total Income computed under the Act (as reduced by income on which income-tax is not payable under any provision of this Act and by any amount in respect of which the assessee is entitled to a deduction under any other provision of this Chapter), then the amount in excess of 10% of Gross Total Income shall not qualify for deduction under section 80G.
In other words, while computing the total income of an assessee and for arriving at the deductible amount under section 80G, first the aggregate of the sums donated has to be found out. The 50 per cent of such donations has to be found out and it should be limited to 10 per cent of the gross total income. If such amount is more than 10 per cent of the gross total income, the excess will have to be ignored.
Cash payment upto Rs. 2,000/-
Any donation in excess of Rs. 2,000/- under section 80G should be made any mode other than cash.
Penal provisions
Donee, the assesse is required to
furnish certificate of amount received to every donor and also required to file
statement of donation received to Income tax department. On non-compliance of
above assesse will become assesse in default and liable to penalty u/s 271K and
the quantum of penalty will be
- Minimum: Rs 10,000
- Maximum: Rs 1,00,000