ITR Form Capital Gains and Tax Exemptions.

Regardless of the amount obtained or lost, capital gains or losses must be disclosed when filing an income tax return. So, what exactly is capital gain, and how does one report capital gains on an ITR? In this post, we’ll discover out.The earnings made from the selling of capital assets are referred to as capital gains. There are two kinds of capital gains: short-term and long-term. Long-term capital assets are retained for at least 36 months, and short-term assets are held for a shorter length of time.

Capital gains occur when you sell a capital asset for a higher price than you paid for it. Capital assets are investment products such as mutual funds, stocks, or real estate products such as land, houses, and so on.

Capital gain refers to an increase in the value of these investment goods when they are sold. Similarly, capital loss is utilised when the asset’s value falls below its acquisition price. A realised capital gain occurs when an asset is sold for a higher price than it was originally purchased for.

Ways to calculate capital gains:-

  • Capital gains tax on short-term profit

The following formula is used for short-term capital gains:

Short-term capital gain = (cost of purchase + cost of improvement + cost of transfer) – full value consideration

  • Taxation of long-term capital gains

The following formula is used to calculate long-term capital gains:

Long term capital gain = full value of consideration received/acquired – (indexed cost of acquisition + indexed cost of improvement + cost of transfer), where indexed cost of acquisition = cost of acquisition x cost inflation index of transfer/cost inflation index of acquisition.Indexed cost of improvement = cost of improvement x cost inflation index of transfer year / cost inflation index of improvement year

  • The capital gains tax rate

The rate at which capital gains in ITR form are computed may differ from year to year. Individuals are taxed at a rate of 20.6 percent on long-term capital gains. There are no deductions available under capital gains tax. It should be emphasised that the short-term capital gains tax is levied based on the tax bracket into which an individual falls.

  • Gains on the sale of immovable property

Gains from the sale of immovable property within two years after acquisition are termed short term capital gains, whereas gains beyond two years are considered long term capital gains. Long-term capital gains are taxed at a rate of 20% with indexation, whilst short-term capital gains are taxed at the slab rate.

           Gold and bonds, as well as jewellery and bullion, are subject to capital gains tax regardless of how they were obtained—self-purchased, gifted, or inherited. If it is sold within three years of the acquisition date, the gains are considered short term capital gains; otherwise, the gains are considered long term capital gains.

           Short-term capital gains from the sale of gold are taxed at the slab rate, whereas long-term capital gains are taxed at 20% plus indexation. Gains from the transfer of shares and equity-oriented mutual funds within one year of acquisition are considered short-term capital gains, whereas gains beyond one year are considered long-term capital gains.

  •  Capital Gains Disclosure on ITR Form: Tax Exemptions

The government provides a number of exemptions that can be claimed on capital earnings generated. The list of exclusions that can be claimed with regard to capital asset gains is detailed below.

According to Section 54 of the IT Act[1,] a person is eligible to a tax exemption on profit made if the entire profit amount is utilised to acquire a property. The seller may buy a new house within two years after the sale of his old property, or he may build a new house within three years of the sale.

Section 54 EC exempts an individual from paying taxes if the whole capital gain is invested in bonds issued by the NHAI (National Highway Authority of India) or Rural Electrification Corporation. There is a limit to exemption under Section 54 EC.

Capital gains will not be taxed on the sale of property if the entire amount is invested in the formation of a small or medium-sized enterprise. To qualify for tax breaks, manufacturing tools and machinery must be bought within six months of the sale.

Capital losses can be used to balance the tax effect on capital gains in the computation of tax, although only long-term capital losses can be set off against LTG. Short-term capital losses can be offset against short-term and long-term capital profits.

Read More: sebi depository participant registration advantage

Registration Requirements for Web Aggregators

Who are Web Aggregators?

Web aggregators are insurance intermediaries who are registered with Insurance Regulatory and Development authority of India (IRDA). Web aggregators have registered websites on which they provide duly compiled information of all the insurance policies provided by different insurance companies. 

Who can be an Applicant?

Following are the persons who can apply for Insurance web aggregator-

  • Any company registered under Companies Act, 2013 or any of its previous versions.
  • Any LLP registered under Limited Liability Partnership Act, 2008. However, the following persons cannot be a partner in that LLP.
  • Non-resident entity.
  • Any LLP registered under Foreign laws
  • Any person resident of outside India as prescribed under Foreign Exchange Management Act, 1999 (FEMA)
  • Any person duly recognized by IRDA as an Insurance web aggregator.

Eligibility criteria for registration as an Insurance web aggregator

Minimum Capital Requirements

To apply for an insurance web aggregator, the applicant is required to meet the minimum capital requirement of Rs. 25 Lakh.

In case of a company, such capital must be issued in the form of subscribed capital

And in case of a Limited Liability Partnership then the contribution must be in the form of cash only.

Minimum Net worth Requirement

The minimum net worth requirement for insurance web aggregators is Rs. 25 Lakh.

For this purpose, they are required to review their Net Worth half yearly on 30th September as well as on 31st March every year. Along with these reviews, web aggregators are also required to submit a certificate from a Chartered Accountant to the Authority every year after the finalization of its accounts.

Application Fee

While submitting an application form for Insurance web aggregator the applicant is required to submit non-refundable application fees of Rs. 10,000/- plus applicable taxes on the same.

Application for Registration

For application form for Insurance web aggregators one has to fill and submit the Form A. format of Form A is provided in schedule I of the regulations. 

Validity of Certificate of registration

Once the certificate is issued to the applicant, it remains valid for a period of 3 years from the date of registration and issue of such certificate.

However, it can be cancelled or suspended by the authorities at any point of time before that in case of any non-compliance of the provisions stated in the regulations.

Conditions for Registration

There are certain conditions whale analysing the application and they are as follows-

  • The applicant is as per the person defined under regulation 2(k)
  • To make sure that the applicant is not registered as any other form of insurance intermediary as per the relevant regulations issued by the authorities. However, if any of its group entities is involved in any other kind of insurance intermediary business, registration can be granted after making sure that there are no conflicting interests.
  • The applicant must not be in kind of referral arrangements with any registered Insurer.
  • The applicant must have a registered website to undertake web aggregator activities.
  • The appointed Principal Officer must have specified academic qualifications as mentioned in Form C of Schedule I and has undergone the specified training and qualified the examination for the same.
  • Along with the principal Officer, the Authorized Verifier must also have completed the relevant training and passed the specified examinations.
  • All the officers of the applicant organization must qualify the fit and proper criteria specified in Form D of schedule I.
  • The Authority must check if in past one year any application for registration as a web aggregator is either rejected by the Authority itself or voluntarily withdrawn by the applicant.
  • The registration granted must be in favour of the policy holders.

What are the functions of IRDA?

Insurance Regulatory and Development Authority also called as IRDA, is the supreme authority that authorizes the functioning of insurance business in India. It was established by IRDA Act, 1999. The primary purpose of IRDA is to safeguard the interest of policyholders and also to ensure the growth of the insurance company in the country. In this blog we will discuss the various roles and functions of IRDA.

Objectives of IRDA

Following are the objectives of IRDA-

  • To carry forward the interest of policyholders.
  • To uphold the development of the insurance sector.
  • Ensure quick resolution of claims
  • Prevent frauds and malpractices
  • To ensure fair conduct in the financial market when dealing with insurance.

Significance of IRDA Functions

IDA is an apex statutory body that regulates and develops the insurance sector in India. In India general insurance was first built in Kolkata in the year 1850. Since then various players in this market. Each organization rehearsed business on its own rates and rules. It made clients unreliable, which brought into question the validity of the insurance. With time the administration understood this reality and subsequently set up an autonomous administrative body called IRDA. After that new requests came out and the market was rushed and overflowed with he insurance products.

Functions of IRDA

Section 14 of the IRDA Act, 1999 gives the authority to ensure the regulation, development and promotion of the insurance business. Some of the essential functions of IRDA are as follows-

  • To provide applicants with the registration certificate, renewal, modification, withdrawal, suspension or cancellation of such registration.
  • To protect the interest of policyholders in case of assigning and nominating the policyholders, understanding insurance claims, insurable interests, surrender the value of the policy and other terms and conditions of the insurance contract.
  • To mention required qualifications, code of conduct and practical training for intermediary/ insurance intermediaries and agents.
  • To explain the code of conduct applicable to the surveyors as well as to the assessors.
  • To ensure the efficiency and proficiency of the conduct of the insurance business.
  • To levy charges in order to carry out the purpose of the act.
  • To call for information, undertaking, inspection, conducting enquiries and investigations, including the audit of insurers, intermediaries, insurance intermediaries and other organizations connected with the insurance business.
  • To regulate and control the rates, benefits, terms and conditions offered to the insurer pertaining to general insurance business not controlled and regulated by the tariff advisory committee under section 64U of the insurance act, 1938.
  • To specify the way in which the books should be maintained and the manner in which the statement of accounts is to be rendered by insurers and other insurance companies.
  • To maintain the investment funds by the insurance companies.
  • Regulation of the maintenance of margin solvency.
  • They decide the dispute among the insurers and the intermediaries of insurance intermediaries.
  • To administer the functioning of the tariff advisory committee.
  • Setting down the percentage premium income of the insurer of the finance scheme to promote and regulate the professional organizations.
  • To safeguard the interest of the policyholder in case of assigning and nomination of policyholders.
  • Setting out the percentage of life insurance business and general insurance business to be taken ahead by the insurer in the rural or social secor.
  • To regulate the insurance industry in a way that ensures financial soundness of the applicable laws and regulations.
  • To periodically frame laws to remove any scope of ambiguity in the insurance sector.
  • To take action where the appropriate standards are inadequate or not enforced effectively.
  • To grant, modify or suspend licenses for insurance companies.
  • To perform such other functions of IRDA as may be prescribed.

Conclusion

There are some roles of IRDA. in an Indian economy there are many insurance companies that are coming in the market. Here IRDA has some special role to play. In order to keep the pace of the development the functions of IRDA should be performed accurately enough to provide every player with a fair deal and also to make sure that the customers also have a variety of plans to choose from.

Domestic Transfer Pricing

What is Domestic Transfer Pricing?

Transfer Pricing provisions were earlier restricted to international transactions only but now it has extended to specific domestic transactions also with effect from 13th April, 2013. 

Legal Definition of Domestic Transfer Pricing

Section 32 BA defines domestic transactions which are governed by the TP regulation which states that specified domestic transactions in case of the assessee mean any of the following transaction-

  • Any expenditure to be incurred or to be incurred in connection with a payment made or to be made to a person referred to in section 40A (2)(b).
  • Transactions referred to in section 80A.
  • Any transfer of goods or provision of services as provided in subsection 8 of section 80 – IA.
  • Any business transaction between the assessee and another person as referred to in subsection 8 of section 80 – IA
  • Any transactions which have been mentioned under section under chapter VI-A or section 10AA, o a person to whom provisions of subsection 8 or subsection 10 of section 80 IA is applicable
  • And where the aggregate of such transactions entered into by the assessee in the previous year exceeds 20 crores
  • Any other transactions as may be prescribed.

Threshold Limit

The above provisions will only be applicable if the aggregate value of the turnover of the above mentioned transactions exceeds above 20 crores. 

Applicability of Domestic Transfer Pricing

  1. Taxpayers cannot apply for transfer pricing to a specific domestic transaction to reduce the tax liability.
  2. Monetary threshold limit of Rs. 20 crores will be calculated according to the receipts and on the basis of aggregate payment to which these provisions apply.
  3. Definition of Related party includes expenses disallowed to cover the entities which have common beneficial ownership
  4. Transfer pricing is applicable to international transactions and to specific domestic transactions only. It specifically excludes Advanced pricing agreement provisions.

Concept of Arm’s Length Price (ALP)

The concept of ALP has also extended to specific domestic transactions only. ALP is denied as the price which is applied to the proposed to be applied in a transaction the assessed one and any other unrelated person.

Methods of Computing ALP

Flowing are the methods for computation of ALP-

  1. Comparable uncontrolled Price method- Under the CUP method, a price that is charged in an uncontrolled transaction between the comparable firms is recognized and evaluated with a verified entity price for determining the Arm’s Length Price.
  1. Resale Price method- This means its application looks to transactions between unrelated parties as a means to determine an arm’s length price for the intercompany controlled transaction under review.
  1. Cost plus method- It means it is based on markups observed in third party transactions. While it’s a transaction-based method, it is less direct than other transactional methods and there are some similarities to the profit-based methods.
  1. Profit split method- It evaluates whether the allocation of the combined operating profit or loss attributable to one or more controlled transactions under ALP.
  1. Transactional net margin profit- It compares the net profit margin of a taxpayer arising from a non-arm’s length transaction with the net profit margins realized by arm’s length parties from similar transactions.
  1. Such other methods may be notified as board- These are any other methods which are prescribed by the Board.

Documentation required 

  • Company related documents- 
  1. Profile of the company
  2. Profile of the group companies 
  3. Profile of the unit claiming tax holiday
  4. Profile of all the related parties.
  • Transaction related documents- 
  1. Agreements
  2. Invoices
  3. Pricing related correspondence such as emails, Letters etc.
  • Price Related Documents-
  1. Terms of the Transactions
  2. Functional analysis specifying functions, risks and assets.
  3. Economic analysis containing method, selection and comparable benchmarking.
  4. Budgets and comparable.
  • Other supporting documents cuh as official public reports by the government such as stock exchanges, and financial statements.

For any Transfer Pricing related queries reach us at info@biatconsultant.com.

PMS V/S AIF: Let’s Understand the Difference between the Two

What are PMS (Portfolio Management Services)?

PMS are the tailored investments portfolio in fixed income of an individual, in equity securities and structured products. It basically caters the investments of high net worth individuals with a minimum ticket size of Rs. 50 Lakh/-.

PMS services are discretionary or non-discretionary. In discretionary portfolio managers manage your portfolio by tracking the market and by keeping your investment criteria in mind whereas in non-discretionary investors can themselves take final decisions.

In PMS, individuals have to actively monitor and track the developments themselves on a regular basis. Since an experienced portfolio manager manages your investment, all you have to do is review the transactions periodically and get performance updates. This also helps in best returns in the investments. 

What are AIF 

AIFs involve higher minimum investment, and it includes higher risk and has probability of higher returns. These are the pooled investments for investing in hedge funds, venture capital, futures, and private equity. 

That is why AIFs are considered to be the best by many of the investors.

PMS or AIF : Which one is better?

ParticularsPMSAIF
RegulationThey are regulated by SEBI (Portfolio Managers Regulations, 1993)They are governed by SEBI (Alternative Investment funds Regulations, 2012)
Pooling of FundsFunds are not pooledPooling funds are the essence of this kind of investment.
Number of InvestorsThere is no threshold limit. Portfolio Managers can have any number of clientsIt should not exceed more than 1000.
FeesApart from the non-refundable fees of Rs 1,00,000/-, registration fees of Rs. 10 Lakh is to be submitted at the time of the grant of the certificate of registration.Apart from the non-refundable fees, registration fees of Rs. 5 Lakh in category of AIF, Rs.10 Lakh in category II and Rs. 15 Lakh in category III of AIF is to be submitted.
Validity of RegistrationIt is valid upto three years, and it should get renewed at least 3 months before the expiry.It is valid until the AIF is wound up.
TypesPMS have two categories-DiscretionaryNon-discretionaryAIF’s are of three types-Category ICategory IICategory III
Segregation of FundsFunds of every client are segregated separately in a DEMAT Account.There is no segregation of funds required
Minimum Investment Limit25,00,000/- (25 Lakh)1 Crore
Corpus RequirementNo Corpus requiredEach scheme is required to have a corpus fund of Rs. 20 crore. In case of angel funds the requirement of Rs. 10 Crore.
ListingNo ListingClose ended units can be listed after the closure of such limits.
Tenure of securitiesNo minimum time limit is prescribed. It is adhered by an agreement between the portfolio manager and clientCategory I and II have tenure of three years which can be extended upto 2 years.

Conclusion

Therefore there are many differences between the PMS and AIFs. There is an increase in the interest investor in these areas SEBI is planning to align the services of PMS and AIFs both. In 2003 SEBI increased the investment requirement from 5 Lakh to 25 Lakh and now they are planning to increase upto 1 Crore as of AIFs.

Since Both the PMS and AIFs are high risks, involves higher returns, it is crucial to have an excellent.

Get our expert services and guidance over investment in PMS or AIFs.

Yearly compliance checklist for Startups In India

Yearly compliance checklist for Startups In India

Do you intend to set up a startup but worried about several laws to follow? In case your answer is yes then we can help you with all the compliances regarding start up.

With regard to start up, money is precious and it won’t be a good idea to waste some currencies as penalties towards non-compliance. So, follow rules and regulations to bypass hurdles.

The various laws you must follow:

  • Goods and Services Act (GST)
  • Companies Act
  • Labor and mercantile laws
  • Income Tax Act

After getting your startup registered as an Indian company, it is essential to follow the provisions specified in the Companies Act, 2013.

List of major things one should not miss with regard to startup:

  • Accounts filing with ROC (Form AOC-04)
  • Board meetings
  • Statutory Audit
  • Annual General Meeting (AGM)
  • Annual Returns with ROC (Form MGT-07)

These happen to be some chief Startup compliances that individuals must follow but apart from these there are some more forms that differ. To give an example, if you have taken a bank loan, you must file the CHG-01 form with ROC to get your charge registered. There exists a penalty for the late filing of the statutory forms.

It is essential for every company to get the turnover audited by a certified CA every year. Even if there had been no transaction in a year.

Filing income tax is a must

In case the startup is formed as a limited liability partnership or a proprietor company, it is mandatory to file the income tax. If the taxable income happens to exceed the exemption limit, you must file within a certain time limit. A fee is levied for filing income tax late.

Startup Checklist to follow with GST

The ideal thing about GST is that you are no longer required to pay indirect taxes. Goods and Service tax is an easy and convenient tax regime. You should register under GST in case of a turnover of over Rs 20 Lakhs annually. If you happen to hail from any special states, you must get registered if the turnover exceeds Rs 10 Lakhs annually. In case you happen to be an online seller, GST compliance is mandatory.

In short, you must follow below-mentioned Startup compliances for GST:

Annual GST in case the annual turnover goes beyond Rs 2 Crores.

Registration if you go beyond exempted turnover of Rs. 20/10 lakhs

Monthly returns in case the turnover exceeds Rs 1.5 Crores or else quarterly returns

Annual returns

EWAY bill for transportation if the value of invoice crosses Rs 50 thousand for transportations of the goods.

Startup checklist to follow with labor laws

There are three chief laws applicable to a company on the basis of the number of employees working under you:

Provident fund

Provident fund applies to you if there are over 20 people working under you. You have to register under PF and file the returns. Each month, a part of employees’ salaries must be cut and paid to the government together with the share of the employer. Then, a return must be filed. Do not ignore PF as it is a critical law to be followed.

ESI

Employees’ State Insurance happens to be a health insurance and social security scheme meant for the workers in India. This fund is handled by the State Insurance Corporation for employees as per the ESI ACT 1948. The ESI law functions akin to the PF law.

Profession Tax

For certain states, it is essential to file the profession tax. For example, in states like Karnataka, in case you pay over Rs 15,000 salary then it is a must to subtract Rs 200 each month and pay the same to the government.

It is a must to follow these laws so that your company does not face any legal hurdles going forward. Hence, ignore this at your peril.

Who we are?

We are one of the leading business management consultants in India providing several services such as Proprietorship Firm Registration and Start up Compliance Package and Company Compliance Package. We also offer a host of services in tax administration and procedure expansion to efficiently manage GST compliance Process. You may contact biatconsultant.com now

An overview on Company Fresh Start Scheme 2020

On 30th March 2020, The Ministry of Corporate Affairs issued a circular pertaining to Companies Fresh Start Scheme 2020. This happens to be another window for all defaulting companies to file every belated document as newly began documents devoid of any extra fees. Under the scheme, the companies get the breather to file their outstanding documents such as annual returns and financial statements sans paying any extra fee for the delay.

The Intent:

Giving exemption from extra fees: It happens to be a single-time prospect to assist stakeholders in filing their due compliances such as Annual Return and Financial statement and several other statements, documents and returns to be filed with the Ministry of Corporate Affairs (MCA),minus the additional fee due to the hold up.

Getting Immunity: To get protection from prosecution or proceeding or being made to pay a penalty due to the delay regarding filing of belated documents (and not any other consequential proceeding).

Opportunity to dormant companies: To grant an option to dormant companies to get their entities labelled as inactive company as per section 455 of the Companies Act, by filing a normal application at regular fees, which would assist these inactive companies to be on the register of the Companies with very few compliance obligations.

Period: The Companies Fresh Start Scheme would be active on the 1st of April 2020 till the 30th of September 2020.

NON-APPLICABILITY: The Fresh Start Scheme will not be applicable in these cases:

For entities against which action for last notice for deleting the name as per 248 of the Act has already been launched by the concerned authority.

In cases where any application has already been filed by the Companies for deleting the name of the Company from the registrar of Companies.

To Companies that have merged as per a scheme of arrangement or compromise under the Act.

In cases where applications have already been filed for keeping inactive status under section 455 of the Act prior to the scheme.

To varnishing Companies.

In cases where any spike in authorized capital (Form SH-7) and charge related documents (Form CH-1. CH-4, CH-8, CH-9) are in the fray.

The immunity will not be there with regard to any appeal pending before the court of law and if a management dispute arises regarding the Company and the same is pending before any court of law or tribunal.

The immunity is not applicable if any court has convicted in any matter or an order levying any penalty has been issued by an adjudicating authority under the Act.

Method:

The defaulting company can file their pending documents/returns/other statements and standard Annual Filing documents in relevant specified e-Forms by giving the regular statutory filing fee (minus any extra fee) within the immunity period.

The defaulting Companies has to file the Form CFSB-2020 after ending all defaults and every filings are put on record or authorized by the Designated authority accordingly. This form can even be filed post the end of the Scheme but not after six months have expired from the date of closure of the Scheme. There are no filing fees of Form CFSB-2020.

The Form CFSB-2020 is a form totally based on self-declaration. Post submitting Form CFSB-2020 and as per self-declaration made by the Director, the ROC will provide Immunity Certificate.

PLAN FOR INACTIVE COMPANIES: The defaulting welsh companies while filing the outstanding documents as per CFSS 2020, can side by side either:

Apply to get themselves certified as inactive Company under section 455 of the Companies Act 2013 by filing e-form MSC-1 at regular fee on said form or;

Apply for getting the name of the company deleted by filing e-form STK-2

The Companies Fresh Start Scheme is to boost the special measures under Companies Act, 2013 (CA-2013) and Limited Liability Partnership Act, 2008 with regard to the COVID-19 outbreak, to give respite to the obedient Companies and Limited Liability Partnerships.

Method of GST registration via MCA portal

Method of GST registration via MCA portal

Of late, A fresh feature has come into being with which the person can easily go for Goods and Services Tax (GST) registration while looking to incorporate the company through the MCA portal. The applicant wanting to acquire GST registration via MCA portal should apply in e-form AGILE (INC-35). This write up strives to provide clarity regarding GST registration application via MCA portal.

Rudimentary facilities pertaining to applying in e-form AGILE-

The expansion of AGILE comes to Application for Goods and Services Tax Identification Number (GSTIN), employee state Insurance corporation registration (ESIC) plus employee provident fund organization (EPFO). Hence, the applicant can get registration under three categories i.e., GSTIN, ESIC and EPFO by providing a sole e-form AGILE via MCA portal.

The person seeking to incorporate the entity by filing an application in e-form SPICe+ and possessing a registered office address has the right to apply to acquire GST registration by filing e-form AGILE via MCA portal.

It is to be noted that every company incorporated by filing e-form SPICe+ has to essentially file e-form AGILE. But, getting registration under GST, ESI or EPF is very much an option for people.

Type of taxpayer suitable for GST registration through e-form AGILE-

Taxpayer wanting to get GST registration in any of these category can apply through e-form AGILE-

Regular taxable person; or Composition scheme taxable person

Significantly, the taxpayer wishing to get registration in the following category should not apply for GST registration through e-form AGILE-

Input service distributor; or

Special Economic Zone developer/ unit; or

Irregular taxable person or

Tax deductor liable to reduce tax under section 51 of the Central Goods and Services Tax Act, 2017; or

Non-resident taxable person or

Tax collector responsible to collect tax under section 52 of the Central Goods and Services Tax Act, 2017; or

Non-resident online service provider; or

Unique Identification number

With regard to registration in any of the above categories, the applicant should apply via GST portal and not through MCA portal.

Method for getting GST registration via the filing of e-form AGILE-

The applicant wanting to get GST registration via MCA portal should follow afore-mentioned steps-

STEP 1 – The applicant must file a company incorporating application in form SPICe+.

STEP 2 – After filing the afore-mentioned application with an available link, e-form AGILE will be provided.

STEP 3 – In order to get GST registration, the applicant must give the following particulars-

  • State – Specify the state for which GST registration needs to be acquired.
  • District.
  • State and Centre jurisdiction.
  • Purpose of getting registration.
  • Particulars regarding the premises.
  • Alternative for composition scheme.
  • Kind of the business task performed at the afore-mentioned premises.
  • Particulars of goods supplied by the business (i.e., mention HSN code).
  • Particulars of services provided by the business (i.e., mention SAC code).
  • Particulars of directors.

STEP 4 – Attach the needed documents.

STEP 5 – Submit the e-form AGILE with the digital signature. It is to be kept in mind that the form has to be digitally signed only by the authorized signatory who happens to be a citizen and an Indian resident with PAN.

STEP 6 – The information so given will be dispatched to the GST network. Here, the information will be processed for GST application.

STEP 7 – GST network will verify the data. After successful validation, TRN (Temporary Reference Number) and ARN (Application Reference Number) is produced and showcased on the MCA portal.

Some critical points-

Particulars of proposed directors in form AGILE hinge on the class/ category or subcategory provided in SPICe+ form. The details given in form AGILE should be the same as the ones submitted in SPICe+. Number of directors shall be as under-

Number of directorsType of company incorporated
OneOne-person Company
TwoPrivate Company
ThreePublic Limited Company
FiveProducer Company

• The director signing the form AGILE will straight away become the major authorized signatory for GST registration.

The registered office given in form AGILE will directly be the Principal Place of Business for the sake of GST registration.

The applicant acquiring GST registration by filing form AGILE can get registration of just that State where the registered office of the company is located. Preferably, the applicant wishing to get registration in various states must acquire GST registration only via the GST portal.

The applicant who wants to get GST registration by filing AGILE can update information like extra place of business; designated representative; bank account particulars etc. by modifying the GST application with GST portal.

Summary

It is a known fact that prior to starting the business, the company has to be incorporated/ registered under several laws. Basic purpose of E-form AGILE is to simplify the company incorporation method. Despite certain hiccups, with e-form AGILE, the company can get registration under three laws namely GST, ESI and EPF. However, it is a must to meet the these conditions for getting GST registration through e-form AGILE-

The company has to be incorporated by filing e-form SPICe+.

The company must have a registered office address.

The company should acquire GST registration as a regular taxable person or composition scheme dealer.

5 indications that you immediately need a Virtual CFO

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Your company is on an upward trajectory and you are getting busier day by day. But the cash in your hand is not in sync with the success of yours, so what would you do? on top of this you are loosening your purse strings too much and on things that are hardly helping you company to grow. Like accounting, for example. We have dealt with several entrepreneurs. They happen to be salespeople and inventors but not accountants. They realize the significance of cash and have created businesses with an intention to generate cash. At a particular point, however, a business evolves beyond intuition. It requires financial processes and systems in order to flourish. Here are 5 signs indicating that your business might have touched that point.

Tough to get data you require

Majority of startups utilize QuickBooks. It’s an ideal weapon for the companies which have just begun their journey. It’s normally established by a tax accountant to aid him or her prepare tax returns without any issues. The problem happens to be getting good data into QuickBooks to take out meaningful data from it. In the beginning getting the data to operate your business won’t be tough. However, as you evolve you’ll get more transactions and complexity will increase in your accounting. How do you find what is significant for you and what isn’t?

Not having adequate cash

This happens to be the major cause of concern with our new clients.They have a good feel for the growth and sink of their cash balances however, they can’t track cash on a regular basis. They want more predictability and firmness with regard to their cash flow so they can take confident calls. They also require access to capital – so as to absorb the ups and downs.

Adhering to a financial plan is a must

It is common knowledge that the business that indulge in planning performs well. You realize the potential of making a financial plan, but, you have to find time for the same as well. Once it is accomplished, you need to track and gauge performance against it.

You need a financial “sounding board”

It is a good thing to have someone to speak about your business. It could be friends, advisors or mentors who can help you out with valuable inputs. However, at times you have to get into the details about critical things: how much do I pay someone? What should be the price of a new product? What all risks can drastically affect my business? It would be better to have help at hand for all these things.

Want more time to work on your business

Several business owners consume a lot of time working in their business, particularly on their books. You want things in a particular way, but the bookkeeper is unable to get the books where they ought to be. Hence, the owner does not have any options, but to spend good time getting things in order instead of focussing on building the business.

Lastly

If the above-mentioned points ring true to your business, then the time is ripe for hiring a Virtual CFO. He is someone who can aid you with his financial and accounting expertise, knowledge and systems. This is an economical manner to get more time to focus on growth of your business.

RBI guidelines on NBFC take over

RBI guidelines on NBFC take over

What is NBFC?

A Non Banking Financial Company (NBFC) happens to be a company that is registered under the aegis of Companies Act, 2013 of India. It is involved in the trading of loans and advances, shares acquisition, stock, bonds, hire-purchase insurance business or chit-fund business.

Takeover of NBFC

Takeover of NBFC normally happens via the documents pertaining to the target firm. If Acquirer gets sanction to the takeover of the concerned NBFC, an MOU will be signed along with a token sum. Then Know Your Customer (KYC) Documents, Business Plan & Projection for 3 years have to be made with regard to incoming directors, as per the suggestion of the acquirer. Through this article, we intend to throw light on RBI regulation pertaining to the acquisition of NBFC.

Basic formalities

Relevant documents has to be submitted to the RBI by the acquirer. The acquirer has to reply to all RBI queries related to the takeover. After getting the approval letter from the RBI, the acquirer is required to issue a public notice in the 2 newspapers for 30 days in accordance with the RBI guidelines. This is done to invite any objection, if any, from the general public or any interested parties with regard to the change in management. The inking of Share Purchase Agreement & giving of change of management, payment of remaining considerations etc. has to happen on the 31st day of newspaper notice or as concurred by all the parties concerned.

The need of RBI Approval beforehand

Prior written consent of the RBI is needed for:

Any alteration in control of an NBFC, which might not lead to change of management;

Any change in the nature of shareholding, which would result in acquisition/ transfer of shareholding of 26 percent or more of the paid-up equity capital of NBFC. However, prior consent would not be mandatory if the nature of shareholding does not exceed 26 percent which is as a result of buy back of shares/ decrease of share capital and it has approval of the competent court. In such cases, the RBI has to be informed within 1 month from its occurrence.

Any change in the composition of the NBFC which would lead to an alteration in over 30 % of the directors, not including independent directors.

Beforehand approval is also not needed for those directors who are selected again post retirement on a rotational basis.

NBFCs will continue to concerning any alteration in their directors/ management as Financial Companies Acceptance of Public Deposits (Reserve inform the Reserve Bank required in Non-Banking Bank) Directions, 1998,

Non-Systemically Significant Non-Banking Financial (Non-Deposit Accepting or Holding) Companies Prudential Norms (Reserve Bank) Directions, 2015 & Systemically Important Non-Banking Financial (Non-Deposit Accepting Holding) Companies Prudential Norms (Reserve Bank) Directions, 2015.

Application for advance Approval

Applications pertaining to this can be submitted to the Regional Office of the Department of Non-Banking Supervision under whose authority the Registered Office of the NBFC is located.

The need of advance Public Notice regarding alteration in Control/Management

It is necessary to give public notice of at least 30 days in advance prior to conducting the sale of, or change of the ownership via selling shares, or alteration in control, either with or without the sale of shares. This type of public notice will have to be provided by the NBFCs & also by the other party or jointly by the relevant parties, post getting the advanced permission of the RBI.

The public notice should clarify the reason to sell or transfer ownership/ control, the details regarding transferee & the motive behind such sale or transfer of ownership/ control. The notice has to appear in at least one prominent national & in one popular local (covering the place of registered office) vernacular newspaper.

The guidelines mentioned above are applicable instantly i.e., the same will be valid for any takeover or acquisition of control, any diversion in the shareholding or any change in the management happening post the date of this circular.

Other laws apply as well

These guidelines will be including, & not in suppression of the essence of any other laws, rules, regulations or directions, till the time it is active.

Repeal & Saving

Non Banking Financial Company, (Approval of Acquisition or Transfer of Control) Directions 2014 dated May 26, 2014, will remain cancelled. Despite this, any thing done, purported to have been done or unleashed within the directions hereby nullified shall continue to be guided by the clauses of the stated directions.

Annex

Particulars about the suggested promoters/ directors/ shareholders of the Company

Sr. No.Particulars RequiredResponse
1.Name
2.DesignationChairman/ Managing Director/ Director/ Chief Executive Officer
3.Nationality
4.Age (has be backed with the date of birth)
5.Business Address
6.Residential Address
7.E-mail address/ Telephone number
8.PAN Number under Income Tax Act
9.Director Identification Number (DIN)
10.Social security number/Passport No.*
11.Educational/professional qualifications
12.Professional milestone related to the task
13.The area of business or vocation
14.Any other information relevant to the Company
15.Name/s of other companies in which the person has held the post of Chairman/ Managing Director/ Director/ Chief Executive Officer
16.Name/s of the regulators (RBI, SEBI, IRDA, PFRDA, NHB or any other foreign regulator) of the entities mentioned in which the persons hold directorships
17.Names of the NBFC, in case, the individual is related as Promoter, MD or Director comprising a Residuary NBFC, which has not been allowed to accept deposits/ prosecuted by the RBI?
18.Details of the tribunal, if any, pending or commenced or resultant in a conviction in the past in contradiction of the person or against any of the entities he is associated with for violation of economic laws & regulations
19.Cases, if any, involving the person or relatives of the person or the entities in which the person is associated with, are in default or have been in evasion in the last five years in related of credit services acquired from any entity or bank
20.In case the person happens to a member of a professional association/ body, particulars of the disciplinary action, if any, pending or commenced or leading to conviction in the past against him/ her or whether he/ she has been barred entry of any professional occupation at any time
21.Whether the person is eligible for disqualification provided under Section 164 of the Companies Act, 2013
22.Has the individual or any of the companies, he/ she belongs to, been under any kind of probe at the instance of the Government Department or Agency
23.Has the person been found violating rules/ regulations/ legislative requirements by Customs/ Excise/ Income Tax// Foreign Exchange/ Other Revenue Authorities, if so, give particulars
24.Involvement in the business of NBFC (number of years)
25.Equity shareholding in the company
No. of sharesFace valuePercentage of total paid up equity share capital of the company
26.Name/s of the companies, firms & proprietary concerns in which the person holds substantial interest
27.Names of the principal bankers to the concerns at 26 above
28.Names of the overseas bankers *
29.Whether the number of directorships held by the person goes beyond the limits permitted under Section 165 of the Companies Act, 2013
* For foreign promoters/ directors/ shareholders
Note: Different form should be given with regard to each of the proposed promoters/ directors/ shareholders

Information about Corporate Promoter

Sr. No.Particulars RequiredResponse
1.Name
2.Business Address
3.E-mail address/ Telephone number
4.PAN Number under Income Tax Act
5.Name & contact details of compliance officer
6.Line of business
7.The details of their major shareholders (more than 10%) & line of activity, if corporates
8.Names of the principal bankers/ overseas bankers *
9.Name/s of the regulators (RBI, SEBI, IRDA, PFRDA, NHB or any other foreign regulator)
10.Names of Firms in the Group as defined in the Prudential Norms Directions
11.Names of the firms in the Group that are NBFCs
12.Specify the names of companies in the group which have been prohibited from accepting deposits/ prosecuted by RBI?
13.Particulars of trial, if any, pending or started or led to a conviction in the past in contradiction of the corporation for violation of economic laws & regulations
14.Cases, if any, wherein the corporate, has defaulted or have been in default in the last 5 years with regard to credit facilities sought from any entity or bank
15.Whether the business has been under any kind of probe by the Government Department or Agency
16.Has the Corporate been found guilty of violating rules/ regulations/ legislative requirements by Customs/ Excise/ Income Tax// Foreign Exchange/ Other Revenue Authorities, if so, give particulars
17.Is the promoter corporate/ majority shareholder of the promoter business, if a business, ever applied to RBI for CoR which has been rejected